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HomeMy WebLinkAbout156302 02/06/2008 CITY OF CARMEL, INDIANA VENDOR: 00352793 Page 1 of 1 ONE CIVIC SQUARE QUEST ENVIRONMENTAL SAFETY PRO ��NN�C spi CARMEL, INDIANA 46032 9892 E 121ST ST CHECK AMOUNT: $964.70 FISHERS IN 46038 CHECK NUMBER: 156302 CHECK DATE: 2/6/2008 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1205 4238900 105505 964.70 OTHER MAINT SUPPLIES �v �6 9892 East 121st Street Date In voice Fishers, Indiana 46037 01 -0e 105505 REMIT O: Telephone (317) 594 4500 Environmental Safety Products, Inc. (800) 878 74872 Fax (317) 594-_4501 CUSTOMER.,l�. 1317 BI LLT0:.: CITY^ 0F CARN3EL SHIP: €TO ONE :CIVIC S r .IJAf CITY OF 'G(F2MEL CarineX :INS 46 ©32+ O,NE sCIVIC SQUARES PUFiCFiASE O FiDR p CarmeI, IN 46032 m C -ROUND .ro 'c :-a' d .J -:A 9 dt r s i'F .T n j ORDER DATE s, TELEPFIONE SLM NO: S1 IIP.PING DATE TAKEN SY �.,?rSHIPPED,FROM' a %'r VIA r rr Fed: 1 D. 01, 03 -08 571 -2465 FPY INDPLS I CPU X35- 1797030 l M35U100 k 20 20 33X50 "BLK 4M UNPRT:' RL 38:0 760 00 M36C�O6BU 5 5 �3bX606h1 °ILL BL xl1NPR RL 40 `�9; 204 :.70. ;°g:,.,, e R �e a r 4 N f 9 IS x F ,3 t r N s I d a «a ry i 4 6 r eEU, s N f= 964.70 DUE ON OR BEFORE 02 -02 -08 s a q 964.70 0.00 964.70 REMARKS OUEST ENVIRONMENTAL SAFETY PRODUCTS, INC. TERMS AND CONDITIONS OF SALE 1. Acceptance of Orders. All purchase orders are accepted by GUEST ENy(IRO lt. C ancellation, Any order placed 'With and accepted by QUEST rust' be canceled ,SAFE =TY PRO UCTS, VjC. (';OUE subject to the, terms ar'd o0roillkm sel by Buyer orly capon. capon. po written approva Of Oif-..Sf and upon terra s 1 i i indemnity GUEST forth below and Or. tire, face f)ereol, felty's or conditions stated by Buys •rid any loss. prior o subsequen, hoic-to shall not be binding on if in cnilfl4ct wd or in ndoltior to any Of the provisions of those Terms and Cordilicn-, of Sat, unless 9. Disclaimers. The products sold by QUEST shall conforern to Fh.e .manufacturer's exp agreed to lr, ,v6i by QUEST Macoment of on order by Buyer or acceptance specifications for each product. QUEST makes no warranties to Brryc", express or inplie(s, by Buyer n' any QUEST goods shall constitute acceptance by Buyer of these Terrins and hereby expressly disclaims any implied warranty of merchantability or fitness for a and Conditions of Sale. Any representations made by sale representatives, employees or particular purpose. The got and exclusive remedy of Buyer in tile event of any defect in agerds of QUES1 rco) I with Inese "eirris and Co,ibtiori of Sale. s not be binding design, m2forial or worlonanshlip shall be against the marrufacti of lhei product purchased, an QUEST grid Buyer she riol. rely Viereon. t and lot against Quest, atlyel agrees that it has not failed upon skill or judgment to select of tufnish the products purchased for any particular purpose, and 'this 2: Terms of Payment. Ui otherwise provided on the face hereof, payment in full for sale is made will any warranty by QUEST that the producv are sufablo for any all goods said hcml.indcr is due from Buyer to QUEST list thirty (301 days; from date of particular purpose or are safe for their intended use. QUEST makes no warrantiklha; the Invoice. All ocG3unI which rpn)Ar unpaid for more than thirty (301, days after the due (late shall sale and use of the products sold do not i nfringe on any patent issued by the United States b oil against 1he unpaid ba4inca or any ii country. An such warrant made, it at alf, by the inarufacturer of the -eai a We parrient charge at the rate of per month assessed y y is t—n-i the, (ILiC dale Untl data of pilyment, This late payment chart shall accrue and be added to goods sold hereunder. the unraid bal, and shall be subject to tkirfr',er lath payment charges. QUEST iorolvos tho righ', at any tirric to alor or mspond credit or to change the credit terms provided herein when IN NO EVENT SHALL QUEST BE LIABLE AT LAW OR IN EQUITY, FOR ANY LOS& in its solo opinion the financial condition of the Buyer so warrants or such action is otherwise LIABILITY. DAMAGE OR EXPENSE RELATING TO ANY DEFECT IN DESIGN. MATERIAL OR necessary or desirable :to protect OUEST',s interests. In any s case, In addition to any otner WORKMANSHIP, OR IN ANY OTHER RESPECT, UNDER NO CIRCUINIS SHALL rernedies herein or by larl provided, cash payment or satisfactory security trorn the Buyer may QUEST BE LIABLE FOR LOSS OF USE OR PROFITS- LOSS, OF BUSINESS, EXPENSES OR biti alifired by OUE,9 before shipment and the OlLla date of payment by the Buyer OOSTS ARISING FROM OR At I i TO AHI$r- FROM SUSINESS IN rERRUPTtQN hf inay be accelerated t.)y CUES]" Failure by Buyer to pay any irrv6ces when due ATTORNEY'S FEES OR CONSEOUENIIAIL, CONTINGENT, INCH)ENIAL On SPIL-ClAt. ,oilorraircally makes all subseouent fivt)ices, immediottoly ifoo and payable, i(rorpeclivo or DAMAGES CAUSED OR ALLEGED TO BE CAUSED I WHOLE ON IN PART 73Y THE aophcable lotims, and QULST nn ay wil't all zubsoquont dolivories until the NEGLIGENCE, TORT STRICT LIABiLITY, BREACH OF CONTRACT, BRFACH Qr WARRANTY OR full '3CCMJ-`.t Of BUyr�r i s settled. Acceptance by QUEST of less than full payment shall not OTHER BREACH OF DUTY OF OR BY QUEST, crtristime a waiv=er of aoy of its rights. By placing in order with QUEST or by accepting goods, by QUI Btj"311 represents that it is not "insolvent` as that term is QUEST deflnoU mider applicalbie state and fi�,JR.rdl IRM2. 11) 1 event thdi BlAyar becurrias insolvent 10. Indemnification. Buyer shall defend, indemnify and 1101 hriinrnlos Q and its before delivery of the goods. But er shall immediately notify OUESL A failure to sn notify affiliated or related companies, and lineii criccossors, assigns, dirccto, off'com,, employees. OUESJ shall be constfueo as a teaffiffnatior by Buyer of Buyer's solvency at the time of representatives and agents (oach an "Inderfrniteo') from and against any and all claims, delivery, QUEST shall also have the. right to stop delivery of the goods by a carrier losses, liability, darriages and expenses including but not limited to attorneys' tees and if Bayer becomes insolvent, repudiates or fails to ri a payment due before delivery I costs of cletenst (collectively, and individually, "Claim'! arr.,ing from, related to, of in any way oonlitaviftad vAlh or allocied to arise fC)iVf or (All Of (a) )try misened deficiencies or if hot ally other reason QUEST has a right to withhold or mclairn the goods under I this contract t applicable law. QUEST shall have such right to stop deliveiv of the goods under or defects in the goods caused by any aleraiion or modification thereof by Buyer with or without QUEST r consent, of improper handling or storage by Buyer, (b) the breach of trail corm;,ict or applicable law. QUEST shall have such right to stop delivery of the goods regairdiess Of ovreillef they are ru he snitil dire(Aly 'o the Buyer or to some third any term or condition stated herein, (c) Buyer's failure to label the goods or Buyer's party as may be designated by the Buyer, Notwithstanding any other provision to the improper labeling of the goods regardless of whether the labeling was done with or without the advise of QUEST, or (d) any act or ojn�ss;on Of Buyer, including without limitation contrary, OUEST reserves the right to ship goods to Buyer under rasp rvation, To secure paymem of the purchase Price for goods so hereunder, Buyer hereby grants to QUEST the generality of the iiaregoing. any Claims for or rosrijlifio from any injury 10 person a pure use money sectirity intelost in all such goods and authorizes QUEST to sign slid 'lie (inciuding death) or danlac .1 ge to property (including loss of use thereof and consequential any financing statements And take such Other action as inay be necessary or desirable damages therefrom) or for economic loss: and irrespective of whether o: not such Clairr, is to perfect such sec iwerrlsl- caused or alleged to be caused in part by the joint, several or comparative negligence, breach of contract, breach of warranty, or other breach of drity of or by !rdamnitee or as a result of Indemnitee's strict or other product liability. 3. Costs of Collection. Buyer sh.rd' pay Zll "Stp Of rt011r'.0 .rf c0l not F itr inC.[Udior g m .1 The foregoing indemnification shaii not de Construed to rAirinillrAc Or in any way roiluce r to tea sonable attoirevr foes and expenses, court costs, collection agency fees and any other any other indemnification or, right whtOn Indciri has by law. chqjr- g es involved in the collection of (,o) past due- accounts, (b) amounts owed to QUEST by Diver by reson of Buyer's of tricso Terms and Co!)dlflons of Sale, and (c.) 11. Statute of Limitations. ANY ACTION BY OR ON BEHALF OF BUYER OR ITS any a and ",III arlloint8 nWP d by Buyer to QUF' �'J Ahor re ason for any c, whatsoever. SUCCESSORS OR ASSIGNS FOR BREACH OF THIS CONTRACT MUST BE COMMENCED 4. Price Changes. All prices are n U.S. dollars and are Subject to change wiihoul VVITi HN ONE (1) YEAR AFTER THE CAUSE OF ACTION --IAS, ACCRUED rrllric•e Fm ativ time prior to actual delivery, u niess oitiviriviss agreed in -virting. Orders IQ�l fritilip, drifivery wit be baled accoirling to dre price. in effect of the time ol' 12. Material Safety Data Sheets. Any rliatcria!i saIety data shoets (`MSDS`j provided del:very undo""'i agroed in writing, Written cloolalions automatirally expire unless by QUEST are providod to QUEST ty Urc nantrfact,�rer the ttroducljs sold heicuridor. by Bu .y inaccurzicies, ornissinnr, or error, in. such anc yor within thirty 30) irhaylz T, the date quoted and are sl,;bject to change QUEST shall not be liable to buyer lo� ar I material safety data sheets. uv 391 day caned. Oral r, are not aindinq unless accoolod it,, 5s. arz; host ire published literature or advertising are far pulpOSPf only and are no• nuolations or (liters to sell. QULS trserves 13. Force Majeure. Notwithstanding w y pro si eroof to the contrary, QUEST steal: Irlo ng to rrl3kP not be liable if) any respect for failure or delay ir �e porlo obligalions 1JUOtalil)Or C.Lie to ItypograpHral, engineering of Other offers or reskilting hoist incol-npictc or 17'acclirate nformalror. supplied by Buyer, hereunder it such failure or delay is due wholly w it part to cl stlorlau" of material, t or fiflity services for whateiver lesson, (b) any labor er production ziboriage. or S. Shipment and Risk of Loss. All goods are sold F.O.B. QUEST faciliiv, indianapolis, difficulty of OUIEST or of an source supplying rraitprials or onr�,rlts to OUE,,T i ncluding Indiana. The n and joule of shipment are at QUEST's discretion injen Buyer firrely without limitation any sti Pockoul: or sionflai disiurbanre, (c) any govoiriniciltal action. suppfos, explicit ire tion, teironsi act or acts, o si f rmilat instructions otherwise. QUEST shall torider dchvery of all goods to a call a, inaction, deity of lss�li (d any war, insurrection, for transitcooticri to Buyer's place of business but all costs of leading, handling, Occurrence. or (n) any explosion, fire, storm, flood or other act of God. or any other cause tlar'spol(aiii)n and shipment for order less than Five Thousand Dollars shall be whether or not of the k ind specifically 0,ljtrailiajftod above, or Wherwiso beyond QUEST 's Berne by Buyer. All risk of Ions shall pass. to Buyer when the goods are i available W the "eaSO!"181AB control Or OCCUrrinU without QUES !ault or carrier it QJES7's facilltYT ircludirria without limitation all risk of loading, handling, fransoortabon and shipment, Any and all oinirri5 for loss, darriaco, or delay in loadiri 14. Severability, Termination, Effect on Price. Should any paragraph, sortercc-, term. handling, fj of shipment must be made by Buyer againsl7tho carrier. In the event or Other provision of those Terms and Conditions of Safe olc invalid or ur)enlurceiilble Under QUEST amanclss shi doing Or related ousts (for which it assumes no obligation to do hereby), the law of life place wriere it is to be perionfled or be declared invalid or Wenijorciaalhie B,qoi si ieimbuilo OJEST for such aovancome In fult at the firno of payment sat fourth by a court or other competent aiulh()i heaving jL1riSdi(;1f0r1 over the walier, QUEST Section 2 hereof The foregoing provisions concerning the passage of risk of loss to Buyer may elect to elther (a) letminatp this cicntrt if not fully poifntrreo by it. f3ir (bl consider ;ha 1 govern even though QUEST may have fnaoe nonconforming tender or Buyer attempts this contract severable as to such provision and such plovi,-,ions be, lf( tct revolve ac, b�twnGe of the goods or Buyer repudiate this contract after the goods have severed and inoperative. In such latter event, the rernaindoi of this coniract shall be io fu': been identified hereto force and effect as if such severed provision were never a part of the sarne. In addition if such severance shall have an adverse financial Impact on QUEST, QUEST 6. Delivery Oates Approximate. ALI,. STATED DEUVERY DATES ARE APPROXIMATE. shall have further right to an appropirlalp ui adjustmerit in the price of goods sold or to QUFS"f shat endeavor to crake deliveries !I accordance with any stated delivery date, but it be sold hereunder. [Or any tear3on QUEST shall i to make any delivery by such delivery date, QUEST shall hot bo Ila6lc for any loss, damages, or eXpow3v resulting front any such failure or delay in delivery IS- Waiver of Breach. 'flip, failure of either party to enforce at any Fire any of the including without limitation loss of use Or profits, loss of business, expenses or costs arising provisions of these Terms and Conditions at Sale, irrespective of any previous action or horli business interruption, attorneys' fees or any consequential, contingent, incidental or proceedings, taken by I, shall in rio way be considered (a) to waive such Provisions, (b) to special domapos caused as alleged In be caused from any such failure or delay in delivery. affect the validity at thesin. Term arid Conditions of Sale. or (c) In preclude of prejudice the parties from exercising the same of any other lights it may have horcunder. 7. Inspection and Acceptance, Buyer h l h,'ivo ton CIO) bunii dnyl, after i(iceipl. of the: goods ithe "Rejection Period') to inspect and either accept or reject them Failure Ij Taxes. Any tax or governinerital charge imposed upon the sale o: transter Of the to nspect ai reject the goods within the Rejection Police shall const4uto a waiver goods hereunder shall be nald by Buyer rinfil the fa of Boyer in no so shall bin a of Buyer's right of inspection and an irrevocable acceptance of the good To reject any [)reach of these TermO, of Conditions. of Sale, 4ro goods. Buyer must inlrnediately (and, in any event, within tyre Rejection Period) notify QUF SI fit wfiting that Buyer considers the goods nonficinlorming. Such 17, Governing Law and Choice of Forum. In the DvPW of arty dispute her! tinder lotiflratiun "Alall identify each anti every alleged rimiconforimiy and describe drat portion file laws 01 the State of Indiana shall ",vern the validity, porforrnar enforcement and any of the shipment being rejected. Failure of Boyer to give such notice within the neinction other aspect of these TerITIS and ConditforlS of Sale nolWilfl Any Other jurisdiction S Period shall constitute an unqualified acceptance of the goods by Buyer and a )�ta�jyor o f choice of low rules to the contrary. The part 1 es hereto okpinssly agroc that any and all lofn P actions concafning any di'�,pUls LAId(l the f W3 and COndirlOnS Uf S�lle shall b any and all olniml by Buyei for nolroonfoinring goods or dolivery and Buyer shall b o, filed and maintained only in a state or federal COU'll Of GOrnpOterlt jurisdiction 3jnIng 'rn bound to pay for the goods in accordance with these Terms and Conditions of Sale the State of Indiana. Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Q uest Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 2F7D Total 64 70 1 hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6. 20 Clerk- Treasurer VOUCHER NO. WARRANT NO. 02/04/08 ALLOWED 20 Guest IN SUM OF 9892 East 121st Street Fishers, IN 46037 $964.70 ON ACCOUNT OF APPROPRIATION FOR GENERALFUND 1205 Administration Board Members PO# or INVOICE NO. ACCT #/TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the 70 materials or services itemized thereon for which charge is made were ordered and received except 20 Signature Title Cost distribution ledger classification if claim paid motor vehicle highway fund