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179204 11/11/2009 CITY OF CARMEL, INDIANA VENDOR: 097251 Page 1 of 1 ONE CIVIC SQUARE FISHER SCIENTIFIC e CARMEL, INDIANA 46032 ACCT 440371 -001 CHECK AMOUNT: $72.38 13551 COLLECTIONS CENTER DRIVE CHECK NUMBER: 179204 CHICAGO IL 60693 CHECK DATE: 11/11/2009 D EPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 651 5023990 9568082 72.38 OTHER EXPENSES REMIT TO: INQUIRE AT: (800) 766 -7000 D- U- N -S -00- 432 -1519 ACCT# 440371 -001 4500 TURNBERRY DRIVE FEIN 23- 2942737 Fisher Scientific 13551 COLLECTIONS CTR DR HANOVER PARK IL ORIGINAL INVOICE Pert of Thermo Fisher Scientific CHICAGO IL 60133 PLEASE REFER TO THIS INVOICE 60693 NUMBER ON YOUR REMITTANCE CUSTOMER PURCHASE ORDER NUMBER RELEASE NUMBER INV. DATE 9568082 511875 10/20/2009 ORDER NO. ACCOUNT NO. CSO F.O.B. ORDER ENTRY DATE FAGE DUPLICATE B92872954 440371 -001 CHI SHIPPING POINT 10/14/2009 1 SOLD TO: SHIP TO: INVOICE TYPE: NOR FON CON ACCOUNTS PAYABLE CARMEL UTILITIES CITY OF CARMEL IS PA: 01A]. 110 WASTEWATER TREATMENT PLT inu'nAi' 760 3RD SW AVE 9609 HAZEL DELL PKWY DUE: 11/19/2009 SHIPMENT CARMEL IN 46032 -7612 INDIANAPOLIS IN 46280 -2935 TERMS: NET 30 DAYS FROM INVOICE DATE. PAYABLE IN U.S. CURRENCY. Visit: www.fishersci.com DESCRIPTION CATALOG QUANTITY UNIT PRICE AMOUNT NUMBER SHIPPED CALLER -TARA RUBUSH PHONE 317- 571 -2634 SHIPMENT NBR: 002 FROM: MWD ON 10/20/2009 CLAMP PINCH PP 1/4X1/2" 12 /PK 05 835B 1 CS 72.38 72.38 TOTAL INVOICE AMOUNT 72.38 FOR YOUR PROTECTION, OUR COMPANY DOE NOT ACCEPT CREDIT CAZD NUMBERS VIA FAC OR EMAIL TELL US ABOUT YOUR RECENT CUSTOMER SEI VICE EXPERIENCE BY CO 4PLETING A SHORT 3URVEY. THIS S IOULD TAKE NO LONG R THAN THREE MINUTES. ENTER THE LINK IN O YOUR INTO YOUR BROW ER AND ENTER THE PASSCODE SHOWN http://survey.mecallia.com/fishersci PASSCODE: USA PGH -CS1 PLEASE USE REMIT TO ADDRESS ABOVE AND I CLUDE DEPT. NBR. See reverse side for complete terms and conditions or visit htti): /(Ia.fishersci.com /wps/ portal /CMSTATIC ?href= Footer /tandcsalg.isp PAST DUE BALANCES ARE SUBJECT TO A FINANCE CHARGE. THIS SHIPMENT WAS DELIVERED IN PERFECT CONDITION AND SIGNED FOR BY THE TRANSPORTATION COMPANY. CONSIGNORS RESPONSIBILITY CEASES UPON DELIVERY OF GOODS TO CARRIER. DO NOT ACCEPT SHIPMENT SHOWING EVIDENCE OF DAMAGE OR SHORTAGE UNTIL AGENT OF CARRIER ENDORSES NOTATION TO THIS EFFECT ON FACE OF TRANSPORTATION RECEIPT. WITHOUT THIS DOCUMENTARY EVIDENCE CLAIM CANNOT BE FILED. SELLER CERTIFIES THAT ALL GOODS (OR SERVICES) COVERED BY THIS INVOICE WERE PRODUCED IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS OF SECTIONS 6, 7, AND 12 OF THE FAIR LABOR STANDARDS ACTS OF 1938, AS AMENDED, AND OF THE REGULATIONS AND ORDERS OF THE UNITED STATES DEPARTMENT OF LABOR ISSUED UNDER SECTION 14 THEREOF. NO CREDIT WILL BE ALLOWED FOR MERCHANDISE RETURNED WITHOUT PRIOR AUTHORIZATION. THE PRICES SHOWN ON THIS INVOICE ARE NET OF DISCOUNTS PROVIDED AT THE TIME OF PURCHASE. SOME PRODUCTS MAY BE SUBJECT TO ADDITIONAL DISCOUNTS AGREED UPON BETWEEN THE PARTIES. TI :x >rs .vND CONDITIONS or s :A1.1: L nless otherwise expressly agreed in writing, all sales arc subject to the Iarr.mte claim; and (b) afrer Seller's review, Seller will provide understood and agreed to mean 'license and that the -nd Buyer" or the following terms and conditions: Buyer with service data and /or a Return Material Authorization similar or derivative words are understood and agreed to mean `licensee° (;I,NICIta \I.: Pishcr Scientific Company L.L.C. ("Seller hereby "R \I.\ which mac include biohazard deeontaminarion procedures Notwithstanding anything is the contrary contained herein, Seller or its ,offers for sale to the buyer named on the face hereof (''Buver") the and other product- specific handling instructions, then, if applicable, licensor, as the case may be, retains all rights and interest in "r ftvarc products listed on the face hereof (the "Products on the express Buver may return the defective Products to Seller with all costs prepaid products provided hereunder. conduion that Buyer agree, to accept and be bound by the terms b, Buyer. Replacement parts may be new or refurbished, at the election Seller hereby grants to Buyer a royalty -free, non exclusive, and conditions set forth herein. Any provisions contained in any of Seller. All replaced parts shall become the property of Seller. nontransferable license, without power to sublicense, to use sofnvarc document issued by Buyer are expressly rejected and if the terms Shipment to liuycr of repaired or replacement PrndUe[s shall be made provided hereunder solely for Buccr's own internal business purpos(_ on the and conditions in this Agreement differ from the terms of Buyer's in accordance with the Delivery provisions of the Seller's Terris and hardware products provided hereunder and to use the related documentation uffcr, this document shall be construed as a counter offer and shall Conditions of Sale. Consumables are expressly excluded front this solely For Buyer's own internal business purposes. This license terminates not be effective as an acceptance of Buyers document. Buyers warranty. when Buyers lawful possession of the hardware products provided receipt Of Product, or Seller's commencement of the services Notwithstanding the foregoing, Products supplied by Seller that are hereunder ceases, unless earlier terminared as provided herein. Buyer agrees prondeJ hereunder will constitute Buyer's iccepranee of this obtained by Seller from an original manufacturer or third party supplier to hold in confidence and not to sell, transfer, license, loan or otherwise \grecment, This is the complete and exclusive statement of the arc not warranted b Seller, but Seller agrees to assign to Buyer any make available in any form ill third parties the software products and related contract between Seller and Buyer with respect its Buyer's purchase wvarranry rights in such Product that Seller may have From the original documentation provided hereunder. Buser may, nor disassemble, decompile of the Ptxlucts. No waiver, consent, modification, an"ralment or manufacturer or third parry supplier, to the extent such assignment IS or m reverse etineer, copy, modify, enhance or othcrnse change or change of the terms contained herein shall be binding unless in allowed b such original manufacturer or third party supplier. supplement the software products provided hereunder without Seller', prior w-ing and signed by Seller and Buver. Seller's fadure to object to In no event shall Seller have any obligation to make repairs, written consent. Seller will be entitled to terminate this licence• if Buvcr fails terms contained in any subsequent communication from Buyer will replacements or corrections required, in whole or in part, as the result to comply with an- term or condition herein. Buyer agrees, upon termination not be a waiver or modification of the terms set forth herein. All of (i) normal wear and tear, (ii) accident, disaster or event of force of this license, immediately to return n) Seller all so[nvare products and orders arc subject to acceptance in writing by an authorized majeure, (di) misuse, fault or negligence of Or by Buyer, (iv) use of the related documentation pr -tided hereunder and all copies and portuns representative of Seller. Products in a manner for which they were not designed, (v) causes Iic,co F. PRICK: All prices published I)v Seller or quoted by Seller's external to the Products such as, but not limited to, power failure or Certain of die sotryare products provided by Seller mac be owned by one representatives may be changed at any little -thou[ notice All electrical power surges, (vi) improper storage and handling of the or more third parties and Ihecroed to Seller. Accordingly, Seller and Buyer prices quoted by Seller or Seller's iepre ntamw cs art valid for thin Products or (vii) use of the Products in combination with equipment or agree that such third parties retain ownership of and tide m such software (30, days, unless othemisc stated in writing. All prices for the software not supplied by Seller. if Seller determines that Products for products. The warrann and mdennnicanon provisions set forth herein shall Products will be as specified by Seller it, if no price has been which Buyer has requested warrann• services are not covered by the not apply to software products owned by third parties and provided specified or quoted, will be Seller's price tit effect at the time of warranty hereunder, Buycr shall pay (or reimburse Seller for all costs of hereunder. shipment. All prices am subject to adjustment on account of investigating and responding to such request it Seller's then prevailing LIMITATION OP LIABIITi V: Norvidhstan(long anything to the convar, speancanons, quantities, raw materials, cost of production, time and materials rates. If Seller provides repair services or contained herein, the liabhhn of Seller under these terms and coudmnns ,hupmcnr arrangements or other terms or condition, which arc not replacement parrs that are nut cowered by this w arrant, Bit— hall pay (whether by reason of breach of contract, tort, indcnrurication, or odic—c. part of Sellers original price quotation. Seller therclore at Scllcr's then prcvadmg time and matenak rata. Arc but o,xcludmg habhhty of Seller for breach of warranty (the solo, remedy fur T \NI-S AND O'll IF:R CI I.ARGFS: Pnccs For the Products installation, rnammnanec, repair, scores, relocation ar alteration to ur which shall be as provided under WARRANTY :above)) shall nut exceed an cxcludr ill sales, value added and other taxes and duties imposed of, or other tampering with, the Pruducrs perfurnmcd by an} person or amount equal to the lesser of (a; the ura) purchase price there[utore paid Ili with respect to the sale, deuce or use of any Products covered entity other than Seller without Seller's prior written appr —al, or any Buyer to Seller with respect to the Product\,) giving rise to such Imbduw or hcrcbv, all of which taxes and duties oust be paid by Buyer. If use of replacement parts not supplied by Seller, shall immediately void (b) one million dollars ($1,000,000). Notwithstanding anything to the Buyer claims any excmi n m, Buyer must provide a valid, signed and cancel all warranties with respect to the affected Products. contrary contained herein, in no event shall Seller be liable for am- indirect, certificate or letter of exemption for cacti respective jurisdiction. Time obligations created by this warranty statement to repair or special, consequential or incidental damages (including without limitation 'MR\IS 01; PAYMF,NT: Seller may invoice Buyer upon shipment replace a defective P(UdUCr shall he the sole c,,,,dy of Buvcr in the damages for loss of use of facilities or equipment, loss of revenue, doss of a For ill, price nd all other charges payable by Buyer in accordance event of a defective Prndua. 1=.scept as expressly provided in this data, loss of profits or loss of goodwill), regardless of whether Seller (a) has ,till the terns on the face hereof. If nn pavrnen[ terms arc stated warranty statement. Scller disclaims all other warranties, whether been mformcd nF the pocsibilin of such damage or Q)) is negligent. tin the Face hereof, payment shall be net thirty (30) days from the express or inhplied, oral or written, with respect ni the Products, EXPORT RLSfRICT1ONS: Buvcr acknowledges that each Product and env dare of invoice. If Buyer fails to pay any amounts when due, Buyer including without limitation all implied ,arranties of nhrrchanrabihny or related software and rechnology, including technical information supplied by shall pay Seller interest thereon at it periodic rate of one and line- fitness for any particular purpose. Seller does not warrant that the Seller or contained in documents (collectively "Items is subject to espurt half percent (15 per month (or, if lower, the highest rate Products are error -free or will accomplish any particular result. controls of the C.S. government. The export controls ma include, but are permitted by laws), together with all costs and expenses (including INDFMNIHCATION BY SELLFR: Seller agrees no indemnify, not limited to, those of the Export Administration Regulations of the U.S. without limitation reasonable attornevs' fees and disbursements and defend and save Buver, its officers, directors, and employees front and Department of Commerce (the "EAR which ma restrict or require court costs) incurred by Seller in collecting such overdue amounts against any and all damages, liabilities, actions, causes of action, suits, licenses for the export of Items from the United States and their re- export or uthetwise enforcing Seller's rights hereunder. Seller reserves the claims, demands, losses, costs and expenses (including without from other countries. Bu shall comply with the LIAR and all other right to require from Buver full or partial payment in advance, or limitation reasonable attorney's fees) "Indemnified items'') for (i) applicable laws, regulations, laws, treaties, and agreements relating to time (other securm that is sadsfimctop to Seller, at any time that Seller injury to or death of persons or damage to property to the extent export, re- export, and import of anv Item. Buyer shall not, wcidion, first believes w gout f:hith that Buyer's financial condition does not caused by the negligence or willful misconduct of Seller, its employees, obtaining th Ili e required license i do so From the appropriate '.S. 1-im the terms of payment specified. All payments shall be made agents or representatives or contractors to connection with the government agency (i) export ur re- export any Item, or (u; espurt, re- export, u, t .S. Doll"'. performance of services at Buyer's premises under this Agreement and distribute or supply any Item to am restricted nr embargoed Lnuntn (or to a DI- LI\'I%RY; CANCIA -LA ION OR CI IANGFS BY BUYFR: (ii) claims that a Product infringes any valid United States patent, person or entity whose privilege to participate um ,\p,om has been dented or The Po ILIUM will be shipped ma the destination specified by Buyer, copyright or trade secret; provided, however, Seller shall have no restricted by the L .S. government. Buyer shall cooperate folk with Scher Ili I Mi. Seller's shipping point. Seller will have the right, at its liability under this Section to the extent anv such Indemnified Items are any official or unofficial audit or inspection related to applicable export or wL uuon, ei make par—t shhpnhents of fie Products anti to invoice caused by either (i) the negligence or yvillfld misconduct of Buyer, its import control laws or regulsums, and shall indemltc and hold Seller ­(h shipment separately. Seller reserves the right to stop delivery of employees, agents or representatives or contractors, (ii) by any third harmless front, or m connection will,, any wiolanon of this Section b., Buyer Products Ili transit ail(] to withhold shipments in whole or in part if party, (iii) use of a Product in combination with equipment or software or its employees, consultants, agents, or customers. limo Lail to make any payment to Seller when due or otherwise not supplied by Seller where the Product would not itself be Infringing, \IISCIiL1_ANROUS: (a) Buyer m:ay not delegate any duties nor assign any tails to perform its obligations hereunder. All shipping d o aces are (iv) compliance with Buyer's designs, specifications or instructions, (v) rights r slain), hereunder without Sellers prior written consent, and unv .approsunare only, and Scller will nor be Gable for any loss' or use of tine Product in :m application or environment for which it was such attempted delegation or assignment .shall he void. (b) The rights and damage resulting horn acv delay in deliven or failure to deliver not designed or (vi) inodifica[ions of the Product by anyone Other than obligations of the parties hereunder shall be governed) bw and construed in which n Jut to am cause bcvnn.l Sellers reasonable control. In the Seller without Seller's prior written approval. Buyer shall provide Seller accordance with the laws of the Commonwealth of Pennsylvania, without w w wit of a dlcla% c]lie to any cause beyond Seller's reasonable control, prompt written notice of any third part claim covered by Seller's reference to its choice of law provisions. Faeh party hereby irr —cably r rha n ai tdrntinate dm order ur ui reseheduk the indcmuhificaU.'n �N,gauons hctunddr. Scllcr .h.dl bawd 'L right tai consents to the seclusive jurisdiction of the state and federal courts located volt m wutiu a r..uon.abk period of untie, and Bower wild nor be .assunhe —la—, a.nnd of the dclwnse of smh claim o at the opn, o ui AII, •ehur t I'. nuvh -oral, I s A, tri in alas. m _tit... 'i., t i .mttlwd refuse Leiner, o othcrwtsc fie whew cd of any ubligauum of the Seller. to scud, the same. Buacr agness to coup —ii. reasonabh r.Lmn,g Ill rho \41 -1.1 .and -sass• ..n•. ,.that w(. a t .atrJh a ni. l i. a the rcudt uF wch delay. Pruducrs as to which dchwn is dekaycd with the Scller uh cunncennn "][it the performance by Scllcr of m ciutlwd Ill d-1111-11 ur oti ern d In the (went i�l an IL,gal pnnuJm, d 'a due to ny cause within Buver s control limy be placed 'm storage b, obligations in this Section. be m do, Scllcr and liuycr rcI ga. dos .Agreement. netrher pang r Scllcr ou Buyer's risk and expense and for Buyer's :account. Orders Notwithstanding the above, Seller's infringement related claim the right to a trial by jury, and buds parties waive any right they may in process may be canceled onl with Seller's written consent and indemnification obligations shall be extinguished and relieved if Seller, have under applicable la, or otherwise to a right to a trial by t un. Any action upon paymum of Seller li Seller's cancellation charges. Orders in process at its discretion and at its own expense (a) procures for uycr the right, arising under this Agreement must be brought within one (1) Lear front the may not be changed except with Seller's written consent and upon at no addinonal expense to Buyer, u) cuninuc using the Product, (b) date that the cause of action arose. (J) The application ti) thu Agreement of agreement by the parties as in an appropriate adjustment in the replaces or modifies the Product so that it becomes non- infringing, the L' N. Cdinvention on Contracts for the International Sale of Goods is purchase price therefore. Credit will not be allowed for Produces provided the mndificauun or replaa•mrnr duns not aekerely affect the herehw expressly excluded. (c) In the event that any one or mnr, provisions returned without the prior written consent of Seller. specifications of the Pruducr, or (q in the cicnr (a) and (b) are not contained hcn n shall be held bw a court of competent jurisdiction to be TITI.I. AND RISK OF LOSS: Notwithstanding [ho, trade terms practical, refund to Buyer the amortized amounts paid by liu with invalid, illegal nr unenforceable tit any respect, the vanday, legldny and indicated above and subject ill Sellers right to stop deliven• of respect hhereto, based tin a five (5) year amortization schedule The enfureeabihn of the remaining provnwns contained herein shall remain on Pnnduci> in transit, tide to and risk of loss of the Products will pass foregoing indemnification provision states Sellers entire liability to full force and effect, unless the r—sion materially changes the bargain. (f; to Buvcr upon deliven of possession of the Products by Seller to Buyer for the claims described herein. Seller's failure ur enforce, or Sellers waiver of a breach of, amp provision rho, carrier; provided, however, that title to any software INDIiV1NIPICATION BY BUYI ;K Buyer shall indemnify, defend contained herein shall not constitute a wvaiver of any other breach or of such incorporated within or forming a part of the Products shall at all with competent and experienced counsel and hold harmless Seller, its provision. W Unless otherwise expressly stated on the Product or in the times remain with Seller or the licensor(s) thereof, as the case mac parent, subsidiaries, affiliates and divisions, and their respective documentation accompanying the Product, the Product is intended for be officers, directors, shareholders and employees, front and against anv research only and is not [o be used for any other purpose, including wuhout ARRANTY: Seller warrants that the Products will operate or and all damages, liabilities, actions, causes of action, .suits, claims, limitation, unauthorized commercial uses, in vitro diagnostic uses, av wino or perform substanualh in conformance with Seller's published demands, losses, costs and expenses (including without limitation in tiro therapeutic uses, or any type of consumption by or application to specifications and be free from defects in material and reasonable anurnevs' fees and disbursements and court costs) to the humans or anunals. (h) Buyer agrees that all pricing, discounts and technical workmanship, when snbj(rrcd to norinal, proper and intended extent arising from or in connection with (i) the negligence or willf information that Seller provides u) Buyer are the confidential and proprietan usage by properly rained persnnncl, fur [ho, period of rime set forth misconduct of Buyer, its agents, employes, representatives nr information of Scller. liuycr agrees to (I) keep such information confidential u, the Prndua documentation, pu6hsheJ specifications or package contractors; (ii) use of a Pruducr in combination with equipment or and not disclose such information ro anv thud parry, and (2) use such m sts. n It a period of ❑roc a not sp,cined Seller',, product software not supplied by Scller -here the Product itself would not be information solch for Btner's internal purposes and m connection with the d 1a.menta[iun, published speoficanons or package inserts, the infringing; (iii) Seller's compliance with designs, specifications or Products suppled henvnd]er. Sothmg herein shall resrhet the use OF warrant period shall be one (I) rear from the date of shipment to instructions supplied mi Seller by Buver. (iy) use of a Product in :um information available no the general public (1) Any notice or comminlCatOn Buacr fur equipment and islet ;90' days for all other products (the application or environment for which it was no[ designed: or (w) requred or pernwted hereunder sIi.dl 1)e m w ring and shall be deemed "A\;arrnnn Period`). Seller agrees dunng the \\arrant• Period. to modifications of a Product by anvonc other than Seller without Seller's received when personally J,hrered or three (3 business dais after being sent near "'replace, ar Sellers option, defective Products so as to cause prior written approval. by certified inad, postage pirpatd, rn a part ar the address specified herein or rhw some to operate in subu:umial conformance with said published SOI" AV ARI;: With respect to :th) sofnvarc pnuiucrs uhcoh m at such other address as yrl e yarn nhai Rum mud n l onhe designate to [he I— ificaunns; po-deli that Buyer shall (a) prumpdv notify Seller in or forming a part Of [he Products hereunder, Scller and Bower intend other. writing upon tike discover- of any defect, which notice shall include and agree that such sofox arc products arc being licensed and not sold, rile product model and serial number !if applicable) and details of and that the words "purchase" "still or sunder or deriw;mve words arc VOUCHER 096659 WARRANT ALLOWED 97251 IN SUM OF FISHER SCIENTIFIC 440371 DEPT 440371 13551 COLLECTIONS CTR DR CHICAGO, IL 60693 x Carmel Wastewater Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code 9568082 01- 7202 -05 $72.38 Voucher Total $72.38 Cost distribution ledger classification if claim paid under vehicle highway fund 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 97251 FISHER SCIENTIFIC 440371 Purchase Order No. DEPT 440371 Terms 13551 COLLECTIONS CTR DR Due Date 11/2/2009 CHICAGO, IL 60693 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 11/2/2009 9568082 $72.38 t 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