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HomeMy WebLinkAbout202556 10/11/2011 CITY OF CARMEL, INDIANA VENDOR: 365044 Page 1 of 1 ONE CIVIC SQUARE GEXPRO CARMEL, INDIANA 46032 2920 FORTUNE CIRCLE WEST CHECK AMOUNT: $337.30 INDIANAPOLIS IN 46241 CHECK NUMBER: 202556 CHECK DATE: 10/11/2011 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 480 302058 215.30 OTHER EXPENSES 601 5023990 480 302060 122.00 OTHER EXPENSES i I G lexpr® SEND PAYMENT SHOWING INVOICE NUMBER INVOICE DATE TO: 400 Technology Court SE, Ste R Gexpro Smyrna, GA 30082 -5237 SEND PO BOX 100275 7532 0100 HE RP 23 09232011 NNNNNNNN 0000890 S1 T3 PAYMENT ATLANTA GA 30384 890 1 MB 0.387 TO: BILLED CARMEL UTLITITIES TO: 3450 W 131 ST ST WESTFIELD IN 46074 -8267 IIIIIIIIIIIrlrllllllllllrlirrllrrr0 -111lillllllllllllllrrlllllll SHIPPED TO: CARMEL UTLITITIES PO: KR92011 KEN RHODES 5484 E 126TH ST CARMEL IN 46033 CUSTOMER ORDER NUMBER GEXP JOB GEXPRO REFERENCE NO. INVOICE NUMBER INVOICE DATE PAGE KR92011 480- 102218AA 480 302058 1 09122111 1 f I NVOICE PAYMENT TERMS DATE SHIPPED SHIPPED FROM SHIPPEDVIA TRANSPORTATION TERMS NET 30 DAYS 09/20/11 PLANT AIR PREPAID CHARGE NAED NO. DESCRIPTION QUANTITY %CD UNIT PRICE U/ T.D. EXTENDED AMOUNT 7800.9204709 BTLF30CITIMER, .1 -30 SEC TDOE 2 0.0 88.90 E 0.00 177.80 GENERAL NOTES IF YOU HAVE QUESTIONS REGARDING THE INVOICE, CALL JARED KASS AT 317- 633 -5226. THANK YOU. SUBTOTAL 177.80 FREIGHT 37.50 TOTAL AMOUNT BILLED 215.30 CUST NO. 480 7568421 PLEASE SEE REVERSE SIDE OF PAGE ONE FOR TERMS CONDITIONS APPLYING FOR CUSTOMER FINANCIAL SERVICES TO ALL TRANSACTIONS AND AVAILABLE ONLINE AT WWW.GEXPRO.COM. CALL 1 -800- 634 -3726 Legal Entuy: General Supply Services, Inc. d/b/a Gexpro All Irensaciions are in USE, www.gexpro.com 74aa m.nn uc RP Pa n9�APnm. nnnn A9n nnl. 1.nv Seller's Terms Conditions of Sale "Terms Conditions Rev. August 2009 1. ACCEPTANCE: Acceptance of any order is subject to credit approval by Seller, acceptance 10. DE LIVERY: Factory shipping dates given in advance of actual shipment are of file order by Seller and, when applicable, Seller's Vendor (i.e. manufacturers, vendors, or other approximate and not guaranteed. third parties that provide goods to Seller for resale to Buyer). If Seller, in its sole discretion, 11. EXCUSABLE DELAYS: Seller shall have no liability it its performance is delayed or determines that Buyer's credit becomes unsatisfactory or it has reasonable grounds for prevented by causes beyond its reasonable control, including, without limitation, acts of insecurity, Seller reserves the right, upon notice to Buyer; to demand adequate assurance of due nature, labor disputes, government priorities, transportation delays, insolvency or other performance from Buyer and /or terminate this agreement with no liability to Seller. BY inability to perform by Seller's Vendor, or any other commercial impracticability. In the REQUESTING A QUOTE FROM SELLER OR PRESENTING AN ORDER TO SELLER, BUYER event of any such delay, the date of delivery or performance shall be extended for a period CONFIRMS THAT THESE TERMS CONDITIONS SHALL GOVERN ALL PURCHASES OF GOODS equal to the time lost by reason of delay. Should shipments be held or stored beyond the (i.e. GOODS, MATERIALS AND /OR SERVICES PROVIDED TO BUYER BY SELLER) BY BUYER delivery date for convenience of Buyer, Seller may, at its option, assess reasonable FROM SELLER, AND NO CHANGES OR ADDITIONAL OR DIFFERENT TERMS (CONTAINED IN A charges for any expense incident to such delay. PURCHASE ORDER ACCEPTED BY SELLER, OR OTHERWISE) WILL CHANGE THESE TERMS 12. CLAIMS: Claims for any nonconforming Goods must be made by Buyer, in writing, CONDITIONS UNLESS ACKNOWLEDGED IN WRITING AND SIGNED BY AN AUTHORIZED within ten (10) days of Buyer's receipt of such Goods and must state with particularity all REPRESENTATIVE OF SELLER. NO SELLER EMPLOYEE OR AGENT HAS THE AUTHORITY TO material facts concerning the claim then known to Buyer. Failure by Buyer to give notice MODIFY THESE TERMS CONDITIONS VERBALLY. SELLER OBJECTS TO AND REJECTS ANY within such ten (10) day period shall constitute an unqualified acceptance of such Goods TERMS BETWEEN BUYER AND ANY OTHER PARTY, AND NO SUCH TERMS, INCLUDING BUT by Buyer, arid a waiver of any right to reject or revoke acceptance of such Goods. NOT LIMITED TO ANY GOVERNMENT REGULATIONS OR "FLOWDOWN" TERMS, SHALL BE A 13. WARR ANTIES: PART OF OR INCORPORATED INTO ANY ORDER FROM BUYER TO SELLER, UNLESS AGREED (a) SELLER'S WARRANTIES: Seller warrants that all Goods sold are new and, upon TO IN WRITING BYAN AUTHORIZED REPRESENTATIVE OF SELLER. payment in full by Buyer of the Goods, free and clear of any security interests or liens. f 2. PRICESAND TAXES: Buyeragrees to pay the prices quoted by Seller, and is responsible for Buyer's exclusive remedy for breach of such warranties shall be replacement with a new additional applicable shipping and handling charges, taxes and duties. Seller shall collect product or termination of any security interests or liens. Seller is a distributor and not a applicable taxes unless Buyer submits a valid tax exemption certificate, and indicates which manufacturerand makes no independent war rarities other than those set torth herein. Goods are covered by if. Prices on special -order Goods may be Subject to change before (b) VENDOR'S WARRANTIES: Seller shall also assign to Buyer any Vendor warranties shipment; Seller shall notify Buyer of any change, and Buyer may at its discretion cancel the and /orrennediesprovided to Seller by its Vendor. special -order Goods if the revised prices are unacceptable, without charge other than applicable (c) INTELLECTUAL PROPERTY INFRINGEMENT. SELLER DISCLAIMS ANY AND ALL Vendor related charges. WARRANTIES AND /OR INDEMNIFICATIONS AGAINST INFRINGEMENT OF ANY 3. PAYMENT: Payment terms are 30 days net frorn the invoice date, or upon such other terms INTELLECTUAL PROPERTY RIGHTS OF ANY NATURE. SELLER SHALL, IF GIVEN approved by Seller in writing. Relainage shall not apply, and Buyer shall not hold back any PROMPT NOTICE BY BUYER OF ANY CLAIM OF INTELLECTUAL PROPERTY relainage from Seller, even if retainage is part of any contract between Buyer and any other party. INFRINGEMENT WITH RESPECT TO ANY GOODS SOLD HEREUNDER, REQUEST THE Payment is not contingent on Buyer's ability to collect or obtain funds from any other party. MANUFACTURER TO GRANT FOR THE BUYER SUCH WARRANTY OR INDEMNITY Credit card sales are billed at the time of purchase. Buyer expressly represents it is solvent at the RIGHTS AS THE MANUFACTURER MAY CUSTOMARILY GIVE WITH RESPECT TO SUCH time it places any purchase order with Seller. Seller, in its sole discretion, may determine that GOODS. Buyer's financial condition requires full or partial payment prior to manufacture or shipment. If (d) LIMI TATIONS: THERE ARE NO OTHER WARRANTIES WRITTEN OR ORAL, EXPRESS, Buyer tails to make any payment when due, Seller reserves the right to suspend performance. IMPLIED OR BY STATUTE. NO IMPLIED STATUTORY WARRANTY OF Buyer agrees to pay a charge on all amounts past due at the rate of 1 %z% per month (18% per MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLIES, NO REPAIR year) or the maximum lawful rate, whicheveris less. In the event of non- payment, Buyeragrees to OF GOODS OR OTHER COSTS ARE ASSUMED BY SELLER UNLESS AGREED TO, IN pay Seller's reasonable attorney fees and court costs, if any, incurred by Sellerto collect payment, ADVANCE, IN WRITING. and all applicable interest charges. Sellermay apply payments to any outstanding invoices unless 14. LIMITATIONS OF LIABILITY: UNLESS APPLICABLE LAW OTHERWISE REQUIRES, Buyer provides specificpayment direction. SELLER'S AND ANY VENDOR'S TOTAL LIABILITY TO BUYER, BUYER'S CUSTOMERS OR 4. TITLE AND RISK OF LOSS OR DAMA GE: As to Goods delivered by Seller's truck, title TO ANY OTHER PERSON, RELATING TOANY PURCHASES GOVERNED BYTHESE TERMS passes upon delivery at the place Buyer receives possession; and, thereafter, all risk of loss or CONDITIONS, FROM THE USE OF THE GOODS FURNISHED OR FROM ANY ADVICE, damage shall be on Buyer. All other sales are F.O.B., point of shipment, and Buyer takes title and INFORMATION OR ASSISTANCE PROVIDED BY SELLER (BY ANY METHOD, INCLUDING assumes responsibility for risk of loss or damage at the point of shipment for such sales. Claims A WEB SITE), IS LIMITED TO THE PRICE OF THE GOODS GIVING RISE TO THE CLAIM. for Goods damaged in transit are Buyer'ssole responsibility when not delivered by Seller's truck. NEITHER SELLER NOR ITS VENDORS SHALL BE LIABLE FOR ANY SPECIAL, 5. QUOTATIONS: All quotations expire thirty (30) days from the date of the quotation unless INCIDENTAL, DIRECT, CONSEQUENTIAL OR PENAL DAMAGES (INCLUDING, BUT NOT otherwise noted on the quotation. This time limit applies even if Buyer uses the quotation to LIMITED TO BACKCHARGES, LABOR COSTS, COSTS OF REMOVAL, REPLACEMENT, submit a jot) orproject bid to any other party. TESTING OR INSTALLATION, LOSS OF EFFICIENCY, LOSS OF PROFITS OR REVENUES, 6. ASSIGNMENT: An order shall not be assigned by either party without the express written LOSS OF USE OF THE GOODS OR ANY ASSOCIATED GOODS, DAMAGE TO ASSOCIATED consent of the other. Consent will not be required, however, for internal transfers and GOODS, LATENESS OR DELAYS IN DELIVERY, UNAVAILABILITY OF GOODS, COST OF assignments as between either party and its affiliates, and nothing herein shall limit either party's CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES OR SERVICES, DOWNTIME, OR rightlotacloror sell receivables. CLAIMS FROM BUYER'S CUSTOMERS OR OTHER PARTIES). IF SELLER FURNISHES 7. RETURN OF PRODUC AND ORDER CANCELLATION: Buyer shall accept returns of BUYER WITH ADVICE OR OTHER ASSISTANCE WHICH CONCERNS ANY GOODS normal stock Goods for a period of thirty (30) (lays following shipment for exchange or refund of SUPPLIED HEREUNDER, OR ANY SYSTEM OR EQUIPMENT IN WHICH ANY SUCH the purchase price; provided, that Goods must be in their original cartons, unopened and unused GOODS MAY BE INSTALLED, AND WHICH IS NOT REQUIRED PURSUANT TO THESE and are subject to appropriate restocking /cancellation fees equal to the greater of (1) the cost TER CO NDI TI ONS, THE FURNISHING OF SUCH ADVICE OR ASSISTANCE WILL NOT incurred by Seller from its Vendor as a result of the cancellation, or (2) 25% of the purchase price. SUBJECTSELLER TO ANY LIABILITY, WHETHER BASED ON CONTRACT WARRANT"', Any Goods, stock or direct, ordered by Seller as Buyer- specific and /or non -rel umable to its TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS, Vendorare subject to a restocking/cancellation feeof 100% of the cost of the Goods. 15. EXPORTS: If Goods are sold for export, Seller's standard terms condition for B. TE RMINATION: Either party may terminate the whole or any part of the other party's export sales apply. Acceptance of export orders is not valid unless confirmed in writing by performance under a purchase order it there is a material breach of these Terms Conditions. In Seller. Buyer, NOT Seller, is responsible for compliance with all United States export the event of any such breach, the non- breaching party will provide the breaching party with control r Liles arid regulations, Buyer shall not name Seller as shipper or exporter ofrecord written notice of the nature of the breach and the non- breaching party's intention to terminate for in connection with the export of any Goods purchased from Seller. default. In the event the breaching party does not cure such failure within ten (10) days of such 16. ANTI -MONEY LAUNDERING RESTRICTIONS: Seller rejects questionable orders notice, the non breaching party may, by written notice, terminate the order; provided, that the and payments: Except for pre approved credit arrangements, Seller rejects third -party breaching party shall continue its performance to the extent not terminated. payments, cashiers' checks, money orders and bank drafts. Seller accepts only checks 9. I NTERP R ETATION RESP ONSIBILIT Y;_ PRODUCT _USE, AND SAFET Seller does not imprinted with Buyer's name; wire transfers originated in Buyer's account, letters of credit guarantee that the Goods it sells conform to any plans and specifications or intended use. When with Buyer as account party; and credit or debit cards in Buyer's name. All payments must plans and specifications are involved, Buyer is solely responsible for verifying Seller's be by single instrument in the amount ofthe invoice, less credits, from banks acceptable to interpretations ofsuch plans and specifications, arid it is Buyer's sole responsibility to assure that Seller. Seller's Goods will be accepted on any specific job. When Seller offers substitute Goods on any 17. GOVERNING LAW: These Terms Conditions and all disputes related to it shall be proposal, Buyer is solely responsible for confirming their acceptability. BEFORE BUYER USES OR governed by the laws of the State of New York, United States of America, without giving INSTALLS ELECTRICAL PRODUCTS, IT IS BUYER'S RESPONSIBILITY TO CONSULT THE effect to its conflict of law rules. NATIONAL ELECTRIC CODE AND ANY PERTINENT LOCAL, STATE OR NATIONAL CODES, RULES OR REGULATIONS FOR APPROVED INSTALLATION PROCEDURES AND PRECAUTIONS, NOTHING SELLER SELLS IS FOR USE IN CONNECTION WITH "SAFETY- RELATED' APPLICATIONS OF NUCLEAR FACILITY OR ANY HAZARDOUS ACTIVITY WHERE FAILURE OF SINGLE COMPONENT COULD CAUSE SUBSTANTIAL HARM TO PERSONS OR PROPERTY. 757a fl 1. fl fl NF RP.. 890 O.L Gexpro PAYMENT SHOWING INVOICE NUMBER INVOICE DATE TO: 400 Technology Court SE, Ste R Gexpro Smyrna, GA 30082 -5237 SEND PO BOX 100275 PAYMENT ATLANTA GA 30384 TO: BILLED CARMEL UTLITITIES TO: 3450 W 131 ST ST WESTFIELD IN 46074 SHIPPED TO: CARMEL UTLITITIES PO: KR92011 KEN RHODES 5484 E 126TH ST CARMEL IN 46033 CUSTOMER ORDER NUMBER GEXNO JOB GEXPRO REFERENCE NO. INVOICE NUMBER INVOICE DATE PAGE KR92011 480- 102218AA 1 480 302060 09/22/11 1 INVOICE PAYMENT TERMS DATE SHIPPED SHIPPED FROM SHIPPED V IA TRANSPORTATION TERMS NET 30 DAYS 09/21/11 PLANT AIR PREPAID CHARGE NAED NO. DESCRIPTION QUANTITY %CD UNIT PRICE U! ek T.D. EXTENDED AMOUNT 78009249224 RL4RA040TUIRELAY 4NO480V 60/380V 50 2 0.0 42.25 E 0.00 84.50 GENERAL NOTES IF YOU HAVE QUESTIONS REGARDING THE INVOICE, CALL JARED KASS AT 317 633 -5226. THANK YOU. SUBTOTAL 84.50 FREIGHT 37.50 TOTAL AMOUNT BILLED 122.00 CUST NO. 480 7568421 PLEASE SEE REVERSE SIDE OF PAGE ONE FOR TERMS CONDITIONS APPLYING FOR CUSTOMER FINANCIAL SERVICES TO ALL TRANSACTIONS AND AVAILABLE ONLINE AT WWW.GEXPRO.COM. CALL 1- 800 -634 -3726 Legal Entity: General Supply Services, Inc. N6/a Gexpro www.gexpro.com All transactions are in USD I 7532 0100 HE RP 23 09232011 0000890 002 Seller's Terms Conditions of Sale "Terms Conditions Rev. August 2009 1. A CCEPTANCE: Acceptance of any order is subject to credit approval by Seller, acceptance 10. DELIVERY: Factory shipping dates given in advance of actual shipment are of the order by Seller and, when applicable, Seller's Vendor (i.e. manufacturers, vendors, or other approximate and not guaranteed. third parties that provide goods 10 Seller for resale to Buyer). If Seller, in its sole discretion, 11. EXCUS DELAYS: Seller shall have no liability if its performance is delayed or determines that Buyer's credit becomes unsatisfactory or it has reasonable grounds for prevented by causes beyond its reasonable control, including, without limitation, acts of insecurity, Seller reserves the right, upon notice to Buyer, to demand adequate assurance of due nature, labor disputes, government priorities, transportation delays, insolvency or other performance from Buyer and /or terminate this agreement with no liability to Seller. BY inability to perform by Seller's Vendor, or any other commercial impracticability. In the REQUESTING A QUOTE FROM SELLER OR PRESENTING AN ORDER TO SELLER, BUYER event of any such delay, the date of delivery or performance shall be extended for a period CONFIRMS THAT THESE TERMS CONDITIONS SHALL GOVERN ALL PURCHASES OF GOODS equal to the time lost by reason of delay. Should shipments be held or stored beyond the (i.e. GOODS, MATERIALS AND /OR SERVICES PROVIDED TO BUYER BY SELLER) BY BUYER delivery dale for convenience of Buyer, Seller may, at its option, assess reasonable FROM SELLER, AND NO CHANGES OR ADDITIONAL OR DIFFERENT TERMS (CONTAINED IN A charges forany expense incident to such delay. PURCHASE ORDER ACCEPTED BY SELLER, OR OTHERWISE) WILL CHANGE THESE TERMS 12. CLAIMS: Claims for any nonconforming Goods must be made by Buyer, in writing, CONDITIONS UNLESS ACKNOWLEDGED IN WRITING AND SIGNED BY AN AUTHORIZED within ten (10) days of Buyer's receipt of such Goods and must state with particularity all REPRESENTATIVE OF SELLER. NO SELLER EMPLOYEE OR AGENT HAS THE AUTHORITY TO material facts concerning the claim then known to Buyer. Failure by Buyer to give notice MODIFY THESE TERMS CONDITIONS VERBALLY. SELLER OBJECTS TO AND REJECTS ANY within such ten (10) clay period shall constitute an unqualified acceptance of such Goods TERMS BETWEEN BUYER AND ANY OTHER PARTY, AND NO SUCH TERMS, INCLUDING BUT by Buyer, and a waiverof any right to reject or revoke acceptance of such Goods. NOT LIMITED TO ANY GOVERNMENT REGULATIONS OR "FLOWDOWN" TERMS, SHALL BE A 13. WAR RANTIES PART OF OR INCORPORATED INTO ANY ORDER FROM BUYER TO SELLER, UNLESS AGREED (a) SELLER'S WARRANTIES: Seller warrants that all Goods sold are new and, upon TO IN WRITING BY AN AUTHORIZED REPRESENTATIVE OF SELLER. payment in full by Buyer of the Goods, free and clear of any security interests or liens. 2. PRICESAND TAXES: Buyeragrees to pay the prices quoted by Seller, and is responsible for Buyer's exclusive remedy for breach of such warranties shall be replacement with a new additional applicable shipping and handling charges, taxes and duties. Seller shall collect product or termination of any security interests or liens. Seller is a distributor and not a applicable taxes unless Buyer submits a valid tax exemption certificate, and indicates which manufacturer and makes no independent warranties other than those set forth herein. Goods are covered by it. Prices on special -order Goods may be subject to change before (b) VENDOR'S WARRANTIES: Seller shall also assign to Buyer any Vendor warranties shipment, Seller shall nobly Buyer of any change, and Buyer may at its discretion cancel the and /or remedies provided to Seller by its Vendor. special -order Goods if the revised prices are unacceptable, without charge other than applicable (c) INTELLECTUAL PROPERTY INFRINGEMENT. SELLER DISCLAIMS ANY AND ALL Vendor related charges. WARRANTIES AND /OR INDEMNIFICATIONS AGAINST INFRINGEMENT OF ANY 3. PAYMENT: Payment terms are 30 days net from the invoice date, or upon suchotherterms INTELLECTUAL PROPERTY RIGHTS OF ANY NATURE. SELLER SHALL, IF GIVEN approved by Seller in writing. Retainage shall not apply, and Buyer shall not hold back any PROMPT NOTICE BY BUYER OF ANY CLAIM OF INTELLECTUAL PROPERTY retainage from Seller, even it retainage is part of any contract between Buyer and any other party. INFRINGEMENT WITH RESPECT TO ANY GOODS SOLD HEREUNDER, REQUEST THE Payment is not contingent on Buyer's ability to collect or obtain funds from any other party. MANUFACTURER TO GRANT FOR THE BUYER SUCH WARRANTY OR INDEMNITY Credit card sales are billed at the time of purchase. Buyer expressly represents it is solvent at the RIGHTS AS THE MANUFACTURER MAY CUSTOMARILY GIVE WITH RESPECT TO SUCH time it places any purchase order with Seller. Seller, in its sole discretion, may determine that GOODS. Buyer's financial condition requires full or partial payment prior to manufacture or shipment. If (d) LIMITATIONS: THERE ARE NO OTHER WARRANTIES WRITTEN OR ORAL, EXPRESS, Buyer tails to make any payment when due, Seller reserves the right to suspend performance. IMPLIED OR BY STATUTE. NO IMPLIED STATUTORY WARRANTY OF Buyer agrees to pay a charge on all amounts past due at the rate of 1 %2% per month (18'% per MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLIES. NO REPAIR year) orthe maximum lawful rate, whichever is less. In the event of non- payment, Buyeragrees to OF GOODS OR OTHER COSTS ARE ASSUMED BY SELLER UNLESS AGREED TO, IN pay Seller's reasonable attorney fees and court costs, if any, incurred by Seller to collect payment, ADVANCE, IN WRITING. and all applicable interest charges. Seller may apply payments to any outstanding invoices unless 14. LIMITATIONS OF LIABILITY UNLESS APPLICABLE LAW OTHERWISE REQUIRES, Buyer provides specific payment direction. SELLER'S AND ANY VENDOR'S TOTAL LIABILITY TO BUYER, BUYER'S CUSTOMERS OR 4. TITLE AND RISK OF LOSS OR DAMAGE: As to Goods delivered by Seller's truck, title TOANY OTHER PERSON, RELATING TO ANY PURCHASES GOVERNED BY THESETERMS passes upon delivery at the place Buyer receives possession, and, thereafter, all risk of loss or CONDITIONS, FROM THE USE OF THE GOODS FURNISHED OR FROM ANY ADVICE, damage shall be on Buyer. All other sales are F.O.B., point of shipment, and Buyer takes title and INFORMATION OR ASSISTANCE PROVIDED BY SELLER (BY ANY METHOD, INCLUDING assumes responsibility for risk of loss or damage at the point of shipment for such sales. Claims A WEB SITE), IS LIMITED TO THE PRICE OF THE GOODS GIVING RISE TO THE CLAIM. for Goods damaged in transitare Buyei's sole responsibility when riot delivered by Seller's truck. NEITHER SELLER NOR ITS VENDORS SHALL BE LIABLE FOR ANY SPECIAL, 5. QUOTATIONS: All quotations expire thirty (30) days from the date of the quotation unless INCIDENTAL, DIRECT, CONSEQUENTIAL OR PENAL DAMAGES (INCLUDING, BUT NOT otherwise noted on the quotation. This time limit applies even if Buyer uses the quotation to LIMITED TO BACKCHARGES, LABOR COSTS, COSTS OF REMOVAL, REPLACEMENT, subrnita job orproject bid to any other parly. TESTING OR INSTALLATION, LOSS OF EFFICIENCY, LOSS OF PROFITS OR REVENUES, 6. ASSIGNMENT: An order shall not be assigned by either party without the express written LOSS OF USE OF THE GOODS OR ANY ASSOCIATED GOODS, DAMAGE TO ASSOCIATED consent of the other. Consent will not be required, however, for internal transfers and GOODS, LATENESS OR DELAYS IN DELIVERY, UNAVAILABILITY OF GOODS, COST OF assignments as between either party and its affiliates, and nothing herein shall limit either party's CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES OR SERVICES, DOWNTIME, OR right to factor or sell receivables. CLAIMS FROM BUYER'S CUSTOMERS OR OTHER PARTIES). IF SELLER FURNISHES 7. RETURN OF PRO DUCTS AND ORDER CANCELLATIO Buyer shall accept returns of BUYER WITH ADVICE OR OTHER ASSISTANCE WHICH CONCERNS ANY GOODS normal stock Goods for a period of thirty (30) days following shipment for exchange or refund of SUPPLIED HEREUNDER, OR ANY SYSTEM OR EQUIPMENT IN WHICH ANY SUCH the purchase price; provided, that Goods must be in their original cations, unopened and unused GOODS MAY BE INSTALLED, AND WHICH IS NOT REQUIRED PURSUANT TO THESE and are subject to appropriate restocking /cancellation fees equal to the gr eater of (1) the cost TERMS CONDIT IONS,THE FURNISHING OF SUCH ADVICE OR ASSISTANCE WILL NOT incurred by Seller from itsVendorasaresultofthecancellation ,or(2)25 %ofthepurchaseonce. SUBJECT SELLER TO ANY LlirBiLiTY, Wf7EIIILii GASE0 ON CONT RAC 7. Wi;r;RAri t, Any Goods, stock or direct, ordered by Seller as Buyer specific and /or non returnable to its TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS. Vendor are subjectfoa rest ocking /cancel lair on fee of 100% of the cost olthe Goods. 15. EXPORTS: It Goods are sold for export, Seller's standard terms condition for 8. TERMINATION: Either party may terminate the whole or any part of the other party's export salesapply. Acceptance of export orders is not valid unless continued in writing by performance under a purchase order if there is a material breach of these Terms Conditions. In Seller. Buyer, NOT Seller, is responsible for compliance with all United Slates export the event of any such breach, the non- breaching party will provide the breaching party with control rules and regulations. Buyer shall not name Seller as shipper or exporter of record written notice of the nature of the breach and the non- breaching party's intention to terminate for in connection with the export of any Goods purchased from Seller. default. In the event the breaching party does not cure such failure within ten (10) days of such 16. ANT -MONEY LAUNDERING RESTRIC TIONS: Seller rejects questionable orders notice, the non breaching party may, by written notice, terminate the order; provided, that the and payments: Except for pre approved credit arrangements, Seller rejects third -party breaching party shall continue its performance to the extent not terminated. payments, cashiers' checks, money orders and bank dratts. Seller accepts only checks 9. I NTERPRETATION RES PONSIBILITY; PRODU USE AN D S AFETY: Seller does not imprinted with Buyer's name, wire transfers originated in Buyer's account, letters of credit guarantee that the Goods it sells conform to any plans and specifications or intended use. When with Buyer as account party, and credit or debit cards in Buyer's name. All payments most plans and specifications are involved, Buyer is solely responsible for verifying Seller's be by single instrument in the amount of the invoice, less credits, from banks acceptable to interpretations of such plans and specifications, and it is Buyer's sole responsibility to assure that Seller. Seller's Goods will be accepted on any specific job. When Seller offers substitute Goodson any 17. GOVERNING LAW: These Terms Conditions and all disputes related to it shall be proposal, Buyer is solely responsible for confirming theiracceplability. BEFORE BUYER USES OR governed by the laws of the State of New York, United States of America, without giving INSTALLS ELECTRICAL PRODUCTS, IT IS BUYER'S RESPONSIBILITY TO CONSULT THE effect to its conflict of law rules. NATIONAL ELECTRIC CODE AND ANY PERTINENT LOCAL, STATE OR NATIONAL_ CODES, RULES OR REGULATIONS FOR APPROVED INSTALLATION PROCEDURES AND PRECAUTIONS. NOTHING SELLER SELLS IS FOR USE IN CONNECTION WITH "SAFETY RELATED" APPLICATIONS OF A NUCLEAR FACILITY OR ANY HAZARDOUS ACTIVITY WHERE FAILURE OF A SINGLE COMPONENT COULD CAUSE SUBSTANTIAL HARM TO PERSONS OR PROPERTY. 7532 0100 HE RP 23 09232011 0000890 002 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 of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee 365044 GEXPRO Purchase Order No. 2920 FORTUNE CIRCLE WEST Terms INDIANAPOLIS, IN 46241 Due Date 10/3/2011 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 10/3/2011 480 302058 $215.30 I 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 Date Officer VOUCHER 112545 WARRANT ALLOWED 365044 IN SUM OF GEXPRO I WATER F AQ f P\ 'ERATI Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code 480 302058 01- 6200 -04 $215.30 Voucher Total 32�7, S 0 Cost distribution ledger classification if claim paid under vehicle highway fund