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Home My WebLink About203676 11/09/2011 CITY OF CARMEL, INDIANA VENDOR: 354906 Page 1 of 1 ONE CIVIC SQUARE WOODY WAREHOUSE CARMEL, INDIANA 46032 3216 W 850 N CHECK AMOUNT: $3,842.50 PO BOX 259 CHECK NUMBER: 203676 LIZTON IN 46149 CHECK DATE: 1119/2011 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1192 4462400 27208 33313 3,842.50 TREES 3216 W 850 N PO Box 259 Inv oice B RY, Iyc. Lizton, IN 46149 Due Date DATE INVOICE Offering .Superirr.4merirrtn ;YatireTrern Phone 317- 994 -5487 Fax 317 -994 -5494 10/21/2011 10/21/2011 33313 BILL TO SHIP TO City of Carmel 1719 West 161 st Street Department of Community Services Westfield, IN 46074 One Civic Square Carmel, IN 46032 P.O. NUMBER TERMS" REP SHIP VIA PROJECT 27208 Due on receipt Pete 10/21/2011 1 Direct Ship QUANTITY ITEM CODE DESCRIPTION PRICE EACH AMOUNT 13 ERC 15GRT Juniper virginiana Eastern Red Cedar 15 -gal RootTrapper 5-6, 88.78 1,154.14 1.5" 12 BAC15GRT Taxodium distichum Bald Cypress 15 -gal RootTrapper 2" 125.00 1,500.00 3 RE1315GRT Cercis canadensis Redbud 15 -gal RootTrapper 1.50" 92.50 277.50 4 YEL15GRT Cladrastis lutea Yellowwood 15 -gal RootTrapper 1.50" 95.00 380.00 2 YELI56RT Cladrastis lutea Yellowwood 15 -gal RootTrapper 1.25" 84.18 168.36 9 SWG3GRM Liquidamber styraciflua Sweet Gum 3 -gal RootMaker 12.50 112.50 8 SW03GRT Quercus bicolor Swamp White Oak 3 -gal RootTrapper 12.50 100.00 1 Delivery Driver is not required to unload. Sufficient labor must be provided. 150.00 150.00 1•i 4 x .1• V" •r' V Thank you! Zaes-Tax,(0:0%) btotal' $3,842.50 $o.00 Payments /credits $0.00 B a l ance Due $3,842.50 TERMS OF SALE This Agreement is subject to the following terra and Wamhou.'s prior written authorization. No credit purchase price with Woody Warehouse as the conditions (`Tema of Sale Woodv Warehouse will be issued for returned Goods unless Woody beneficiary, thereof Cram the time risk of loss of the Nursery, Inc. is referred to herein as Woodv Warehouse's consem is obmined. All returned Goods Goods passes to the Purchaser until the purchase price Warehouse'. If shipment of Goods is beyond sit (6) are subject to both service and restocking fee at the is paid in full. months from date of order acceptance, the stated sole discretion of Woody Warehouse. prices are subject to change at the discretion of 15. WRITTEN MODIFICATION OF W Warehouse. 8. DELIVERY AND SHIPMENT OF TERMS: Woody Warehouse is not board by anv GOODS: Unless otherwise specified in this addition or modification of terms and conditions of 1. PAYMENT TERMS: Time is of the essence Agreement, the acceptance of shipments by anv this Agreement unless Woody Warehouse agrees in for payment- All payments shall, be nude to `Woody common tamer shall constitute delivery by Woody writing; to such modification. Furthermore, if t Warehouse'. The uses apply to all shipments and all Warehouse to the Purchaser regardless of who hired Purchaser plats an order or communicates with payments must be in U.S. dollars_ A finance charge at the common carrier: Tbemfom, all Goods ate shipped Woody Warehouse additional terms or modifications the .rate of 8% per mouth will accrue from the F.O.B. Origin, and all risk loss shall be bome by the to the Agreement- Woodv Warehouse's acceptance payment due date if the payment is not nude in full. Purchaser upon the delivery of the Goods to the shall not be construed as an acceptance to the In the case of refusal or inability of the Purchaser to common Omer. Woodv Warehouse will strive to additional terra and conditions or a waiver to the accept delivery. the Purchasei shall be held liable for meet the shipping dates, bra all such darn are original Agmernnem, but an acceptance to the original all cspenses associated with the freight, storage, approximations. Failure by Woody Warehouse to Agmenusat. handling and other expenses and loss that may be deliver in a timely manner as a result of an incurred thereby. Any acceptance of late, partial unforeseeable event or Act of God. as described I& COMPLETE AGREEMENT: Purchaser payments or those marled "Paid in Full" shall not be herein does not give Purchaser the right to cancel or agrees that this Agreement coustitums the final doemed as a waiver to anv of Woody Warehouse's hold Woodv Warehouse responsible for any damages agreement between Woody Warehouse and the rights to collect the full amount due or any other resulting from the failure to deliver within the time Purehasser. This Agreement supersedes all previous rights Woody Warehmesc has for Purchaser's fail.. sated. Furthermore, all -tra changes enured as a agreements (written and oral) between Woody to pay" result of Purciuscr's special routing or canter, shall Wardhouse and Purchaser and it cantatas a complete be paid by the Purchaser prior to Woody Warehouse's statement of the terns and conditions of the 2. TAXES: Sales tax may be applicable to this deliver to the carver. Addirionally at times, agreement between, Woody Warehouse and Agreement and am in addition to the price of the Purlhaer may pick up the Goods directly from Purchaser. This Agreement nay include additional Goods and are to be paid by the Purchaser. If Woodv Wamhonsc. The acceptance of the Goods documentation referenced herein which am made a Purchaser believes that an item is exempt from sales directly by the Purchaser by having the Goods placed part hereto. No oral statements, representations or tae Purchaser shall idcatify such item and provide on Purchaser's dcliwery trucks constitute delivery by tams have any binding effect or form any part of the notice to Woody Warehouse of the claimed Woody Warehouse. Agreement. empt— Woody Warehouse may then require Purchaser to pro} ?dc additional.support to prow's that 9. EXCLUSION OF WARRANTIES AND IT ASSIGNMENT: This Agreemem is not in xem such tax eptimn exists for the item- LIMITATION OF DAMAGES: Woody Warehouse any wav to be assigned by Purchaser without the in describing the goods or making a promise thereto written const= of Woody Warehouse- If Purchaser 3. CANCELLATION I POSTPONEMENT: does not intend that such description be a basis for the assigns this Agreement or attempts to assign it Orders may not be canceled or postponed unles Agreement and shall in no way create an -press without Woody Warehouse's prior written consent, Purchaser obtaira the vvnnera consent of Woody warm=• for the Goods- Furthermore. UNLESS Woody Warehouse may cancel such sale upon notice Warehouse. Woody Warehouse may mqu= a OTHERWISE SPECIFIED IN THIS AGREEMENT, to Purchaser- Purchaser indemnifies and waives anv reasonable cancellation or postponement charge and GOODS ARE "AS -IS" WITHOUT WARRANTY OF claim it may new or heeeaftm have against Woody will notify the Purchaser of suds charge at the time of ANY KIND. WOODY WAREHOUSE MAKES NO Warehouse with respect thereto. sending its writtrm consent of the cancellation EXPRESS OR IMPLIED WARRANTIES WITH postponement or within a reasonable time period. RESPECT TO THE GOODS. INCLUDING 18. JURISDICTION AND VENUE: This Such cancellation postponement charges shall take WARRANTIES OF MERCHANTABILITY OR THE Agreement shall be construed and enforced according two account cosy and mpens. incurred by Woody FITNESS OF TIM GOODS OR ANY PART to the laws of the Statc of Indiana. Anv action arising Warehouse, including the purchase of contra THEREOF FOR ANY PARTICULAR PURPOSE, out of the terms and conditions hereof shall be commitments and all other losses due to such AND ALL SUCH WARRANTIES ARE determined by the Hendricks County, Indian Circuit cancellations or post ponements including but not EXPRESSLY DISCLAIMED BY WOODY Or Superior Court- Purchaser oonsems to such limited to the care of Goods and restocking foes. WAREHOUSE TO THE EXTENT PERMITTED BY jurisdiction of said court and waives soy claim it may Cancellation and Postponement charges shall be LAW. FURTHERMORE, WOODY WAREHOUSE now or hereafter have with respect to the jurisdiction imposed at the sole discretion of Woody Warehouse- SHALL NOT BE LIABLE TO PURCHASER OR or v'e:nuc of said coon. To the extent permiuod by ANY OTHER FOR, ANY DAMAGES OF ANY law, Purchaser w r' waives the right to a trial by jury- 4. NOTICE: Any notice required herein or by KIND EXCEPT AS DESCRIBED HEREIN: law must be in writing and delivered to Woody 19, :SEVERABrLM: In the 'went that am Warehouse or Purchaser as it appears an the front 10. PRODUCT SUITABILITY: Purchaser a provision -of. this Agreement and 'Terms of Sale is page of this Agreement. sorely responsible for determining that the Goods and found by' a mart of competent jurisdiction to be their use thereof are in line with all applicable, laws. unenforccable,.such prevision shall no m any way 5 ACCEPTANCE OF GOODS: The As such. Purchaser warrants to Woody, Warehouse invalidate", the., e arim• Agreement and all other Purchaser shall motif 'Woodv Warehouse ofany moo- that Purchaser has income familiar, with,, and provisions shall remain in full force azd effect. The' cunf r—ih' or' defects in the Goods' within 48 hours understands the laws applicable to the Goods and provision found to be invalid shall be modified to the after the Goods arrive at their shipping destination- their tise •thereof. Furthermore. Purchaser warrants extent permuted by law to provide the'same: effect as Such notification shall speeifiealh• identify the non- that it is salisfied that the Goods and Purchaser's originally intended by the parties at' the time of cohformiti• and defect in the Goads: and Woody intended use thereof comply with all such laws. executionof this Agreement Warehouse shall hate a reasonable time to Woody Warehouse in no way assures that the Goods investigate, and if warranted cam the defects. If the described herein comply with applicable state and 20- ASSUMPTION OF RISK AND Purchaser fails to notch Woody Warehouse within 48 local laws and Purchaser indemnifis and waives anv INDEMNIFACTION: Purchaser assumes all risk hours then the Goods shall be deemed accepted by the claim it may now or hereafter have against Woodv with respect to the purchase, deliver instal lation, use Purchaser. Warehouse with respect thereto. and operation of the Goods described in this Agreement and aIlm,.d by law. The Purchaser 6.: UNLOADING DELIVERY VEHICLES IL PURCHASER'S REMEDTES: The hereby agrees to indemnify and hold harmless Woody AND INSTALLATION SERVICES: Wood, Purchasers cxciusivc remedy against Woody Warehouse against anv and all liability, claims, suits, Warehouse is rat responsible for unloading the Goods Warehouse for Woody Warehouse s breach of this loss, costs and legal fees caused by, arising out of off of the deliver vehicles or for installation of the agreement s as hall he to make a claim to recover out of the purche, delivery, installation, use, o operation Goods or to place Goods m service unless this pocket casts incurm:d by Purchaser to repair or replace of such Goods or resulting from any negligent ac or Agreement specifically states that Woody Warehouse any defective or —conforming Goods. Such out of omission of the Purchaser in the performance and/or will unload and or install or place such Goods in pocket costs may include costs associated with failure to perform under the Agreement and/or this service. Purchaser shall be responsible to unload the removing storing and disposing of any defective or transaction including the negligent acts or omission Goods off of the delivery vehicles, provide all nonconforming Goods. of any agent, representative, cxecutivc andlor necessary modifications to the premiss required for emplaym of the Purchaser. This clause applies to all the installation of the Goods at Purchaser's expense. 12. UNFORSEEABLE EVENTS AND ACTS sections of this Agreement. Furthemnore, no action OF GOD: Woody Warehouse shall not be liable for rtav W brought gainrst Woody Warehouse more than WOODY WAREHOUSE SHALL NOT BE any delay in or stoppage of performance hereunder twelve months after the date ofdelivery of the goods. RESPONSIBLE FOR ANY DAMAGE OR REPAIR resulting in whole or in part from Acts of. God, TO THE PREMISES IN WHICH THE GOODS ARE weather conditions, labor issues, lawns, and the 21_ ATTORNEY FEES AND COSTS: The BEING INSTALLED INCLUDING ANY i inability to procure the nee—products. equipi;;;6 Purchaser shall reimbmse Woody Warchouse for alt BUSINESS INTERRUPTION OR ANY OTHER or transportation to complete the Agreement, or. anv reasonable attorney fees, casts and expenses, incurred mm s DAMAGES. WOODY WAREHOUSE .SHALL other eircuanc or caue s beyond the control of by .Woody Warehouse in connection with the ALSO NOT BE RESPONSIBLE FOR INJURY TO Woodv Wambouse. enforcement of this agreement or the milection of any ANY PERSON INSTALLING' SUCH GOODS OR t .l amount due from Purchaser to Woody Warehouse. TO ANY PERSON ON THE PREMISFS'IN WHICH l3 NTITLE TO GOODS: The Goods covered 6v THE GOODS'ARE INSTALLED. 'PURCHASER this /A'grecereat will remain the propcm, .22....- .ACCEPTANCE OF AGREEMENT AND HEREBY AGREES TO WAIVE ALL SUCH Waicbqusc? and shall no becomes 'Of TF. the real IMS:. Thus, Agree ent 'N61i automatically' be CLAIMS AGAINST WOODY WAREHOUSE AND sate fia C adi-pgrrchasc pnccts paid;in,fdl., voided ff not acecpted ivatlto ninety (90) days from "PURCHASER' `SHALL INDEMNIFY' WOODY t7 t 1— J the date sew to Purchase Puic sts s acceptance of WAREHOUSE "AS PROVIDED HEREIN. 14. INSURANCE OF GOODS:�Purch., upon this Agreement must be in writing add signed by the with a Pmchasei or an auihonzed escmatwe' of the .reeryesL� shall provide WOOdc Warehouse mP r 7. RETURNED GOODS: No Goods may be certificate of .insurance indicating, evidence of Purchaser_ Said authorized person wwrams that mourned to Woody Warehouse without Wood, immance for an mount equal to or greater than the bdshc has the mnhmit to enter into this agreement 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 Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 10/21/11 33313 Trees $3,842.50 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 NO. WARRANT NO. ALLOWED 20 Woody Warehouse IN SUM OF 3216 W. 850 N, P.O. Box 259 Lizton, IN 46149 $3,842.50 ON ACCOUNT OF APPROPRIATION FOR Carmel DOCS PO# Dept. INVOICE NO. ACCT #/TITLE AMOUNT Board Members 27208 I 33313 I 44- 624.00 I $3,842.50 1 hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except onday, vem er 2011 Director Title Cost distribution ledger classification if claim paid motor vehicle highway fund