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Home My WebLink About203383 11/09/2011 CITY OF CARMEL, INDIANA VENDOR: 033825 Page 1 of 1 ONE CIVIC SQUARE CDW GOVERNMENT INC CHECK AMOUNT: $793.08 CARMEL, INDIANA 46032 75 REMITTANCE DR SUITE 1515 CHECK NUMBER: 203383 CHICAGO IL 60675 -1515 CHECK DATE: 11/912011 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 651 5023990 ZVG3363 793.08 OTHER EXPENSES INVOICE DATE INVOICE NUMBER PAYMENT TERMS DUE DATE 09/29/11 ZVG3363 Net 30 Days 10/29/11 ORDER DATE SHIP,VIA PURCHASE ORDER NUMBER CUSTOMER NUMBER 09/21111 DROP SHIP GROUND S12752 6596945 r ITEM NUMBER p DESCRIPTION QT I Q Q UNIT PRICE TOTAL ORD SHIP B/O 2179026 ITRONOX MAIN BATTERY 6.6 AHR 73.3 WH 3 3 0 255.00 765.00 Manufacturer Part Number: 23 +050194 +02R GO GREEN! CDW is happy to announce that paperless billing is now available! If you would like to start receiving your invoices as an emailed PDF, please email CDW at paperlessbilling @cdw.com. Please include your Customer number or an Invoice number in your email for faster processing. REDUCE PROCESSING COSTS AND ELIMINATE THE HASSLE OF PAPER CHECKS! Begin transmitting your payments electronically via ACH using CDW's bank and remittance information located at the top of the attached payment coupon. Email credit @cdw.com with any questions. ACCOUNT MANAGER p.�, SHIPPING ADDRESS: ae SUBTOTAL $765.00 JENNIFER LAGONI CITY OF CARMEL TREATMENT PLANT 312 705 -9093 KEVIN BUHMANN SHIPPING $28.08 jennlag @cdwg.com 9609 HAZEL DELL PKWY CARMEL IN 46032 -2584 SALES TAX $0.00 SALES ORDER NUM_ BER XWR1014 AMOUNT DUE $793.08 Cage Code Number 1KH72 HAVE QUESTIONS ABOUT YOUR ACCOUNT? DUNS Number 02- 615 -7235 PLEASE EMAIL US AT credit @cdw.com ISO 9001 and ISO 14001 Certified VISIT US ON THE INTERNET AT www.cdwg.com 0001:0001 CDW GOVERNMENT FEIN 36- 4230110 Page 1 of 1 Costumer umtentands that Seller is not the manufacturer at the Product$ purchased by Cus mer bmundrr, and the only eamanne, uttered are Ihosc of the manufacturer, not Seller or is Afttram. In purchasing the Po docu, Customer is relying on the mmmufach —C, specification, only and is nut rching on my smlemens, specifcations, photographs he other illustrations presenting the Pmducts that may be pmvid d by 5e11er or its ABilimes. SELLER AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITFIER EXPRESS OR IMPLIED, RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURAC'Y, MERCHANTAHILITY OR FITNESS FOR A PARTICULAR PURPOSE. WARRANTY OF NONINFRINGE.MENT. OR ANN' WARRANTY RELATING TO THIRD PARTY SERVICES. THE DISCLAIMER CONTAINED IN ETAS PARAGRAPH DOES NOT AFFECT THE TERMS OF ANY MANUFACTURER'S WARRANTY. Customer expressly waives any claim that it may have against Seller or its .ARlimes based on any product liability or infringenamt or alleged infinu m of any patent, copyright trade secret m other intellectual property'ri (each. "Claim'') with rapes, m any Product and xlso waives any right m indemnification from Seller or its Affiliates against any such Claim made again.', Customer by a third prtya. Cusomer acknowledges that em emplove c of S,11, or n, Affiliates is a,th,,i,d m make any nepresemmim or xarram y on behalf of Selle, army of its Af dimes that is not in this Agmemcm. Seller s cn s w that the S'iceill he perfrmsd in a good and workmanlike manner. Cusmm ex s sole and clusive remedy and Sellers emirs liability with rspect m this warranty will be. am the sale apd- of Seller, m either (a) use its rcmoacommercial ble co efforts m rcparform or cause to be e r neperf red am Sm s.b,a. ti.I complim with this rranry r r or (b) refund amounts paid by Customeelaxed m the portis o of the Smices not in suh,tantial compliance; pmyided, in each case, Castamer notifies Seller in writing within fn'e (5) business days m)cr pmfmmance of the applicable Sercices. EXCEPT AS SET FORTH HEREIN OR IN ANY STATEMENT OF WORK THAT EXPRESSLY AMENDS SELLER'S WARRANTY. AND SUBJECT TO APPLICABLE LAN', SELLER MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS OR COVENANTS. EITHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION. ANY EXPRESS OR IMPLIED WARRANTIES OR C.ONDIIJONS OF FITNESS FOR A PARTICULAR PURPOSE. MERCHANTABILITY. DURABILITY, TITLE. ACCURACY OR NON- INF'RENGEMENT) ARISING OUT CIF OR RELATED TO THE PERFORM ANCE OR NON PERFORMANCE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY' WARRANTY RELATING, TO THIRD PARTY SERVICES. ANN' WARRANTY WITH RESPECT TO TFIE PERFORMANCE OF ANN' HARDWARE OR SOFTWARE USED IN PERFORMING SERVICES AND ANY WARRANTY CONCERNING THE RESULTS TO BE OBTAINED FROM THE SERVICES. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LJMIIED REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATIVE OF SELLER OR OF ITS .AFFILIATES IS AIPIIiORIZED TO MAKE ANY REPRESENTATION OR WARRANTI, ON BEHALF OF SELLER OR ANY OF ITS AFFILIATES THAT IS NOT IN THIS AGREEMENT OR IN A STATEMENT OF WORK EXPRESSLY AMENDING SELLER'S WARRANTY. C.,,.—'shall be mlely —p able for daily back -up and other protection of its data and software• against loss, damage car corruption. Customer shall be .solely responsible far hrmaing data (including but nu: limited to data bawd on disk files and menroriea) and .safiw —c that may be lost damaged o, corruptcd during the Performance of Smices. SELLER, ITS AFFILIATES, AND ITS AND THEIR SUPPLIERS, SIIHCONTRACI ORS AND AGENTS ARE HEREBY RELEASED AND SHALL CONTINUE To HE RELEASED FROM ALL LIABILITY IN CONNECTION WITH THE LOSS, DAMAGE OR CORRUPTION OF DATA AND SOFTWARE:, AND CUSTOMER ASSUM1I ES ALI. RISK OF LOSS. DAMAGE OR CORRUPTION OF DATA AND SOFTWARE IN ANY WAY RELATED TO OR RESULTING FROM THE SERVICES. Seller 11 no; he responsible f r amt no liabilip' shall result mo Seller or any of is ARliate inr any delays in dclia'cry or in pert rmance which result from any' circumstances be }rood Seller's rcasoname control, including, but not limited m, I'mdun unas-eilabiliry. carrier Acluys. delays due to fire, cathcr wnAition,, failure n(power, labor problem., acts of.., lenraism. embargo, acs of God a acts m Inw:s of any g— harrem or agent'. Any shipping dates m ennplam, dates presided by Seiler or any putpand deadlines contained in a Stmemem of kfork or any other docvntcnt are .tima", only. Pricing Inf—ca m: Availabilir, N, Seller rew— the ri ght .make talp —enm m pricing, Product$ and Service offerings (car reasons including. but not limited m, changing market canJitioa. Product discuminuotiun, Product ea— ilability. hemufacrum price changes, supplier price changes and errors in advertoemcon, All orders snbjcct m Prduct as- ailabiliry and the availability o(Personncl to pert rm the Sen'ice. There( re, Scllcr cannot garamm that it will he .bee mo flfill Customer's orders. I(Scrviccs are Acing perfnrmcA nn a mim<arM materials basis, nny e.tisames provided by Scllcr ore for planning purpose only. Crdis My credit issued by Seller m Customer fur any reason must be used within two (2) years Tom the date that the credit was tssud and may only he used for far a purchases o (Products andlor Services. Any credit or portion tbeteof not used within the two (2) year period will automatically expire. r of Liahilin,' UNDER NO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, WILL SELLER, ITS AFFILIATES OR ITS OR THEIR SUPPLIERS, SUBCONTRACTORS OR AGENTS BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT. SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO. LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABLITY OR OTHER THEORY OF LIABILITY; (B) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY; (C) ANY LOSS OR CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMER'S IMPLEMENTATION OF ANY CONCLUSIONS OR RECOMMENDATIONS BY SELLER OR ITS AFFILIATES BASED ON, RESULTING FROM, ARISING OUT OF OR OTHERWISE RELATED TO THE PRODUCTS OR SERVICES: OR (D) ANY UNAVAILABILITY OF THE PRODUCT FOR USE OR ANY LOST, DAMAGED OR CORRUPTED DATA OR SOFTWARE. IN THE EVENT OF ANY LIABILITY INCURRED BY SELLER OR ANY OF ITS AFFILIATES, THE ENTIRE LIABILITY OF SELLER AND ITS AFFILIATES FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED THE LESSER OF: (A) THE DOLLAR AMOUNF PAID BY CUSTOMER FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM OR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM; OR (B) 550,010.00. Confidential Inf nmai:m Each party anticipates that it may be necessary to provide access to information of. confidential name. of such parry, the Affiliates or third party (hereinafter referred to as "Confidential Information to the other parry in the performance of this Agreement and any Seachwat of Work. "Confidential Information^ ra any information or data in oral, electronic or written form which the receiving party kno or has on to know is proprietary or w t nfidemixl and which is disclosed by. party in with this Agree or which the receiving party may have access to in with this Agree —rd, including bur not limited to the terms and conditions of each Statement of Work, Confidential Information known to will not include information which: (a) becomes kno to the public through no rec act of the mewing parry; (b) was known to the receiving parry, or becomes =,..I wn ra te the receiving party from a third party having the right m disclose it and having no obligation of confidentiality to the disclosing party with respm to the applicable infomation; or (c) is indeprndcntly des'elaped by agent$, cmpiny'ws or subcontractors o(the receiving party who have not had access m such information. To the cxrem practicable, Confidential Information should be clearly identified or labeled as such by the disclosing pare at the time ofdml,sure or as promptly thereafter as possible, however, failure to so identify or label such Confidential Inflammation will not Ix caidence that such information is rim wnftdemied or poo —ble. Each part' agrees m hold the other parry's Confidential Information confd —rid for. period of three (3) years following the date ofdisel —re and m do m in a manner at (cast as protective as it holds its own Confidential Infomeanion of like kind but 10 use no lest than a reasonable degree of care. Disclosures of the other pant's Conftderand Information will be restricted (i) to those individuals who are participating in the performance ofmhis Agreement or the applicable Statement of Work and need to know such Confidential Information for purposes ofpmviding or c,ii,g the Products or Smices or otherw with this Agreement or the applicable Statement of Work, or (ii) to its business, legal and financul advisors, each on a confidential basis. Each parry agrees no any Confdrntial Information o(the other party for any purpose other than the business puryosrs wn templatedbyth,Ag,m=,tmdthcapplicable Smtemrntof Work. Upon the wrinrn requrn ofa parry, the other party will eitherremm m emifythe desmction ofthe Confdmtial Information oftheotherp -y. If. receng party is required by law, role or regulation, or requested in any judicial or administrative proceeding or by any govemmental or regulatory authority, to disclose Confidential Informaion of the other parry, the receiving party will give the disclosing party prempt notice of such request so that the disclosing parry may seek an appropriate protective order or similar ph,awn,e measure and will use reasonable eRors to obtain confidential uemmrnt of the Confidential Information so disclosed. R—rn I' i egc., Tn nbmut Seller's remora policy, Cusmmcr should crmtaclCDW' Cusomer liclatiom at h66SVC: tCDW'or cmnvl at CunormterRelations (a`cdw. m Cusomer mosI -1ify CDW'Cn,tomcr Rel, hme, afanydamaged Nord- within led (14) daysof,cceipl. Afitr Any claim. dispute, or coham,-y (whether in commet, tart m mhcrwise, whether prmxisurg, preset or fin—, and including, but not limited to, stmmory, common Inca, intemi I ton and equitable claims) arising from or relating —he Products, the Smices, the imerp—him m application of these Term and C,ra itio any Statcrne t of Work he the breach, temtination or, ^,Iidjt' thereof, the rclmimships which mutt from these Tenn, and Conditions nr anv S.:- ant of Work (including, m the fill estem permiod by applicable law. n:1.6 —hips with third parties who are not signatorieshere.), or S lie, or any If is Affili,ac, advertising or marketing (collectively, a "Claim WELL BE RESOLVED.. UPON THE ELECTION OF ANY OF SELLER. CUSTOMER OR THE THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If erbitratma is,boss,,, it will be conducted pursuant m the Rules of fc American Arbitration A— iation. If.mbiarmion i, chosen by any Pam with respect to a Claim neither Scllcr nor Customer will have the right to litigate tham Claim in won or to have a jury trial an that Claim engage in pre -arbimaian discovery, c.—pa o pro,ided far in the applicable arbitration roles m by agreement of the parties i 1,rd. Further, Cusmaw, will not have the right to participate m a remesentat -cat member of any slats of claimants pertaining to any Claim. Nawvithsmrding any choice of law pct W.. included in the Terms and Conditions, this arbitration ag -roam is s.bjw1 to the I dgrei Arbinatiun Act (9 U.S.C. F§ 1 -16), The arbitration will take place exclusively in Chicago. Illinois. Any court M1aving jari +diction may enter jedgme on the award rendered by the arbimum(s). Each perry involved will bear it, own cost ofny legal representation. di—cry or research required to mmplete arbitration The cei -,ec or echoes nf.hy.rbine irm will be treed as ormidernim. Neroah, andmg anything m the cnmrery cnnmind herein, all tatters pertaining m the collrctmn of srtmnns due m Seller arising-1 fthe Products or Smices will be exclusively litigated in court rather than through arbitration. M istellaneous Soler an, .sign or <.beon t all m an, portion of is rights m obligAfu with —p—,,, the vie of Preducs or the gaftmvnce of Sen'ices ar assign the right w recewc myment,, withon C.—we, consent C.o may hot assign these Terms and Conditions, or any of is rights 'oblig,dina, herein without the prior wrinen con—, of Sc[lc,. Subject to thc restrictions in assignment contained herein, these Terms and Conditions will be binding can and in to the benefit of the Panics hereto and their and assigns. No pros n ofthis Agreement or any Statemof of Work will be deemed —wed. amended or modified by either party unless such weisxr, amendment or modification i. in writing and signed by both panic.. 1 he rclsi -,hip between Scllcr and C—anw, is that of indpcnd nt -amemn and no, that t of camloy :eanpl.yee, partnership or jnmt re If any term or condition of this Agreement or a Statement of Work is found by a cool of competent jurisdiction to be in illegal or otherwise mrafruabl,, he vme ,h th all oat aRect the e, 1— can ere dilons bof or tl,—.f or the whole of this Agt ecmem or the applicable SWUtmnt of Work, Notices pmvidcd under this Agreement will be given in writing and deemed received upon the earlier of acm d receipt or three (3) days after mailing if mailed postage prepaid by regular mail or airmail or one I day after such .mice is scot by courier or facsimile transmission. Any delay or failure by either parry to e—eise any right or remedy will not wnstimte a waiver of that party to thereafler enforce such rights. Venian Date: 021?3e010 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 33825 CDW GOVERNMENT INC. Purchase Order No. 75 Remittance Dr. Ste 1515 Terms Chicago, IL 60675 -1515 Due Date 11/1/2011 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 11/1/2011 ZVG3363 $793.08 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 116105 WARRANT ALLOWED 33825 IN SUM OF CDW GOVERNMENT INC. 75 Remittance Dr. Ste 1515 Chicago, IL 60675 -1515 Carmel Wastewater Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code ZVG3363 01- 7202 -06 $793.08 Voucher Total $793.08 Cost distribution ledger classification if claim paid under vehicle highway fund