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HomeMy WebLinkAbout167878 01/21/2009 CITY OF CARMEL, INDIANA VENDOR: 00353053 Page 1 of 1 ONE CIVIC SQUARE ASAP SOFTWARE CARMEL, INDIANA 46032 PO BOX 95414 CHECK AMOUNT: $1,250.96 CHICAGO IN 60694 -5414 «o CHECK NUMBER: 167878 CHECK DATE: 1/21/2009 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1202 'R4463202 19328 3915101 1,250.96 OFFICE PRO LICENSES`: s 4' TO ENSURE PROPER CREDIT, PLEASE RETURN THE UPPER PORTION WITH YOUR REMITTANCE. 6 I:l11t0ICf #N4IDI,CE CUSTQNEA t <CUST4N R AO Na; /ITT�NTI4N SHt1' V:IA fAG£ NU A16 R DATE NIiMBFi?: e' 03915101 170800 19328 TERRY CROCKETT FEDEX GRND OUR COST 1 OF 1 TFeL41S, NUMBIi: ASA�:iiFd, TALI: I, d.:.:Nllh#UER .:7: S4# D TO �?ATf NET 30 03915101 36- 3328437 IN CITY OF CARMEL 01/18/2009 #T#tt NUMBER; AES 0 AMpU!#T oTr 0TV Tr uµ T DRUCitED 5##IPAEt1 Hld ,j A P[I'[CE 2105259 VLA OFFICE PRO PLUS 2007 4 4 0 N 312.74 1,250.96 MICROSOFT 79P -01207 "7� 1 P SPECIAL INSTRUCTIONS INVOICE �M ©uNT 1,250.96 THANK YOU FOR YOUR ORDER ASAP SOFTWARE 850 ASBURY DRIVE FREIGHT HANDLING: BUFFALO GROVE IL 60089 .1k5URAHCE 0.00 SNIP TO PHONE: 847 465 -3700 FAX: 847 465 -3277 IN CITY OF CARMEL WWW.ASAP.COM THREE CIVIC SQUARE SAC.S.'AX 0.00 CARMEL IN 46032 UNITED STATES Please keep box for an returns. If p y you wish to request a return 1,250.96 authorization, contact our Quality Assurance Department at 800 -272 -3717 or via e-mail at returns @asap.com. PLEASE SEE IMPORTANT TERMS CONDITIONS ON THE REVERSE SIDE OF THIS INVOICE. Please Pay in UNITED STATES DOLLARS 96001 PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. These terms and conditions "Agreement') apply to yoyr purchase of products and /or services and support "Product sold in the United States by Dell, including its affiliates or subsidiaries. By accepting delivery of the Product, you accep and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must notify Dell and return your purchase pursuant to Dell's Retum Policy. (See: http: /www. dell .com /policy /legal /warranty.htm) THIS AGREEMENT SHALL APPLY UNLESS (1) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH DELL, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (11) OTHER DELL TERMS AND CONDITIONS APPLY TO THE TRANSACTION. 1. Other Documents. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by bath you and Dell. If you do not receive an invoice or acknowledgement In the mail, via e-mail, or with your Product. information about your purchase may be obtained at hops:li support.doll.com /dElicare /Invoice,aspx or by contacting your sales representative. 2. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Dell's sole discretion, and unless otherwise agreed to by Dell, payment must be received by Deli prior to Dell's acceptance of an order. Payment fui',he products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Dell. Invoices are due and payable within the time period noted on your invoice, measured from the data of the invoice. Dell may invoice parts of an order separately. Your order is subject to cancellation by Dell, in Dell's sole discretion. Unless you and Dell have agreed to a different discount. Dell's standard pricing policy for Dell- branded systems, which include both hardware and services in one discounted price, allocates the discount off list price applicable to the service portion of the system to be equal to the overall calculated percentage discount off list price on the entire system. Deb is not responsible for pricing, typographical, or other errors in any offer by Dell and reserves the right to cancel any orders resulting from such errors. 3. Shipping Charges; Taxes; Title; Risk of Loss. Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to products passes from Dell to Customer on shipment from Dell's facility. Loss or damage that occurs during shipping by a carrier selected by Dell is Dell's responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify Dell within 21 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide Dell with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship -to location, you are responsible for sales and other taxes associated with the order. Shipping dates are estimates only. 4. Warranties. THE LIMITED WARRANTIES APPLICABLE TO DELL-BRANDED HARDWARE PRODUCT CAN BE FOUND AT http: /www.deii.com /policy /legaliwarranty.htm OR IN THE DOCUMENTATION DELL PROVIDES WITH DELL BRANDED PRODUCT. DELL MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, OR NON -DELL BRANDED PRODUCT, SERVICE, MAINTENANCE OR SUPPORT SUCH PRODUCT, SOFTWARE, SERVICE, MAINTENANCE OR SUPPORT IS PROVIDED BY DELL "AS IS" AND ANY THIRD -PARTY WARRANTIES, SERVICES, MAINTENANCE AND SUPPORT ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER, NOT BY DELL. DELL MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN DELL'S APPLICABLE DELL BRANDED WARRANTY OR SERVICE DESCRIPTION IN EFFECT ON THE DATE OF THE INVOICE, PACKING SLIP OR ACKNOWLEDGEMENT. DELL BRANDED WARRANTIES AND SERVICES ARE EFFECTIVE ON PAYMENT IN FULL, AND DELL IS NOT OBLIGATED TO HONOR ANY WARRANTY OR PROVIDE SERVICE UNTIL DELL RECEIVES PAYMENT IN FULL. DELL MAY REQUEST CANCELLATION OF THIRD PARTY- BRANDED SOFTWARE LICENSES, SERVICES, MAINTENANCE OR SUPPORT IF DELL DOES NOT RECEIVE PAYMENT IF YOU PURCHASE THIRD PARTY BRANDED PRODUCT, SERVICES, MAINTENANCE, OR SUPPORT, ADDITIONAL THIRD -PARTY TERMS AND CONDITIONS MAY APPLY, 5. Software. All software is provided subject to a license agreement and you agree that you will be bound by such license agreement in addition to these terms. Title to software remains with the applicable licensor(s). 6. Return Policies; Exchanges. Dell's return policy can be found at httpa /www.doll.Gom /returnpolicy and you agree to those terms. You must eon tact us directly before you attempt to return Product to obtain a Return Material Authorization Number for you to include with your return. You must return Product to us in their original or equivalent packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional tees may apply. If you fail to follow the return or exchange instructions and policies provided by Dell, Dell is not responsible for Product that is lost, damaged, modified or otherwise processed for disposal or resale. At Dell's discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing. 7. Changed or Discontinued Product. Dell's policy is one of ongoing update and revision. Dell may revise and discontinue Product at any time without notice to you and this may affect information saved in your online "cart." Dell will ship Product that has the functionality and performance of the Product ordered, but changes between what is shipped and what is described In a specification sheet or catalog are possible. Parts used in repairing or servicing Product may be new, equivalent -to -new, or reconditioned. 8. Service and Support. Service offenngs may vary from Product to Product. In addition to these terms and conditions, Dell and%or your third -party service provider may provide such service and sopport to you in the United States in accordance with the term and conditions located at http. /Iwww.dell,com /service_contfacts or as otherwise delivered to you. Dell and/or your third -party service provider may in their discretion revise their general and optionaf service and support programs and the terms and conditions that govern them without prior notice to you. Dell has no obligation to provide service or support until Dell has received full payment for the Product or service /support contract you purchased Dell is not obligated to provide third -party branded service or support, or service or support for any products or services that you purchased through a third -party and not Dell. It is your responsibility to backup all existing data, software, and programs before receiving services or support (including telephone support). Dell and /or your third -party service provider wilt have no liability for loss or recovery of data, programs or loss of use of systems) arising out of the services or support or any act or omission, including negligence, by Dell or your- third -party service provider. Neither Dell nor your third party service provider is permitted by law to copy pirated or copyrighted materials or to copy or handle illegal data. Prior to Deli and /or your third -party service provider providing service or support, you represent that your systems) does not contain illegal files or data. You also represent that you own the copyright or have a license to make copies to all files on your system and do not have any data that would cause Dell to be liable for copyright infringement if those files were copied by Dell and /or your third -party service provider 9. Limitation of Liability. DELL DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, DELL WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, DELL IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE, 10. Not For Resale or Export. You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your awn internal use only, and not for resale or export. Dell has separate terms and conditions governing resale of Product by third parties and transactions outside the United States. Terms and conditions for resale are located at: www. dell. com /policy /legalltermsofsale.htm. 11. Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, Dell's advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAW. 12. Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND DELL, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "Dell") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Deli's advertising, or any related purchase SHALL BE RESOLVED EXCIUSIVELY AND FfNALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the rierne! at http rrwww arb- forum.ccrr or via telephone of 1 -800- 474 -2371) In the event of any Inconsistency orconffct between NAF Code of Procedure and this Agreement, this Agreement shall control. The arbitration will be limited solely In the dispute cr controversy between customer and Dell. NEITHER CUSTOMER NOR DELL SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non class) nature of this dispute provision goes to the essence of the parties' arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. see, 1 -16 (FAA). Any award of the arbitrators) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Dell will be responsible for paying any individual customer arbitration fees. If any customer prevails on any claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for tees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Otherwise, each party shall pay for its own costs and attorneys' fees, if any. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405. REV. 02J21/08 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 ASAP Software Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) $1,250.96 Total 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. 20 Clerk- Treasurer VOUCHER N /16/0.9_WAR ANT NO. O Ware ALLOWED 20 P.O. Box 95414 IN SUM OF 1 L 60694 5414 $1,250.96 ON ACCOUNT OF APPROPRIATION FOR General Fund 1202 Information Systems Board Members D PT. or INVOICE NO. ACCT #!TITLE AMOUNT I I hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the final 3915101 632 -02 $1,250. 96 materials or services itemized thereon for which charge is made were ordered and received except 20 ure• Title Cost distribution ledger classification if claim paid motor vehicle highway fund