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Home My WebLink About204760 12/20/2011 CITY OF CARMEL, INDIANA VENDOR: 361104 Page 1 of 1 ONE CIVIC SQUARE CYBEX INTERNATIONAL INC 1 CARMEL, INDIANA 46032 PO BOX 8500 -1401 CHECK AMOUNT: $46.80 PHILADELPHIA PA 19178 -1401 CHECK NUMBER: 204760 QOM CHECK DATE: 12120/2011 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1096 4237000 805857 46.80 REPAIR PARTS Global Headquarters Remit to: 10 Trotter Drive Cybex International, Inc. INVOICE CYBEY Medway, MA 02053 P.O. Box 8500 -1401 Cybex International, Inc. (508) 533 -4300 Philadelphia, PA 19178 -1401 (508) 533 -5500 fax United States Page: of 9 Sold To: Carmel Clay Parks Recreatici Ship To: Carmel Clay Parks Recreatior Invoice Information 1419 E. 116th St. The Monon Center Invoice Date: Nov -28 -2011 Carmel IN 46032 1235 Central Park Dr. E. Invoice: 0000805857 USA Carmel IN 46032 USA Customer No: CYB0037634 Payment Terms: Net 30 Due Date: Dec -28 -2011 Bill To: Carmel Clay Parks Recreation AMOUNT DUE: 46.80 USD Carrie Keaveney 1411 E. 116th St. Carmel IN 46032 United States Shipment Information Date Shipped: Nov -23 -2011 Sales Order No: SVCO564651 Purchase Order No: MC002311 Pro No: 1Z5638020352929530 Carrier: United Parcel Service, inc. Shin Via: GROUND. Freight Terms: Prepaid Line Product No. Description Quantity UOM Unit Amt Tax Net Amount 1 FBO30251 BEARING ROD END MALE .500 -20LH 1.00 EA 38.77 N 38.77 2 JS388300 112" Lock Washer 1.00 EA 0.53 N 0.53 3 OWTPRTFRT Shipping and Handling Charge 1.00 EA 7.50 N 7.50 Subtotal: 46.80 Subtotal (Sales /Use): 0.00 AMOUNT DUE: 46.80 Order Entered by Mike Cincotta Part number provided by customer i'u, chase r" ;scrlption c (a t 7 ae t It jG rUll; �a 1"C achaser D ?te_ o, V �?i 0 5 2011 BUYER ACCEPTS AND AGREES TO PRICES, SPECIFICATIONS, STANDARD TERMS CONDITIONS OF SALE, INCLUDING WARRANTY TERMS ON THE REVERSE SIDE OF THIS DOCUMENT, TOGETHER WITH ALL ATTACHMENTS HERETO. CYBEX INTERNATIONAL, INC. STANDARD TERMS AND CONDITIONS 1. SELLER'S TERMS TO GOVERN: This document. whether designated as a quote, offer, 9. CANCELLATION or ALTERATION: No order may be canceled or altered alter the or sales acknowledgment, is an offer to sell made by Cybex International. Inc. Cybex" or mailing of the sales acknowledgment unless agreed to by Seller. Cancellation or alteration of 'Seller Acceptance is expressly limited to the terns of Cybex :s contract, and in the event orders, if agreed in writing by Seller, will obligate Buyer to pay to Seller a handling charge that Buver's acceptance or other response hereto states terns additional to or different from of 25% of the sales order amount plus any and all expenses incurred and damages sustained those se forth herein, this document shall be deemed a notice of objection to such additional by Seller to return the product to the point of manufacture. Custom orders obligate Buyer to or different tents and rejection thereof. pay Seller 100° of the sales order amount plus any and all expenses sustained by Seller to L PRICES: Prices shown on quote are Sellers prices it effect on that date and era shown in return the product to the point of manufacture. Seller will n>1ke every reasonable effort to U.S. dollars. Quote's shall expire in thirty (30) days unless otherwise noted thereon. Verbal ship by the estimated date, but failure to do so shall riot he cause for cancellation, price I opt esettations cannot supersede a written price quote. Seller reserves the right to 10. RETURNED GOODS: When agreed to by Scller in writing, Buyer may return products correct am clerical or mathematical en'ors prior to Buyer acceptance. Shipments will be with a Return Authorization Number, obtainable by writing to Cybex International, Inc.. Culled at prices stated on accepted orders unless delays have been initiated or requested by Attn: Customer Service Department, 10 Trotter Drive. Medway, MA 0205:3 or by calling Buyer which shall entitle SCIICI'to any and all additional costs and expenses resulting front the Customer Service Department at 1- 888 -GO- CYBEX. Buyer's failure to obtain this the delay. Return Authorization Number will prevent Seller frorn being liable whether or not the 3. T: XE'S AND DUTIES: The price does not include any federal, state or local taxes, product is accepted by Seller's receiving dock. Buyer must ship all returned products freight rise snnents or duties. 'Therefore, in addition to the price stated herein, any applicable sales, prepaid. use or other taxes and govemment charges imposed by any govennmental body upon the 11. PRODUCT CHANGES: Seller reserves the right to change or revise specifications and transaction shall be an additional charge and shall be the responsibility of the Buyer, unless product design in connection with any feature of Seller's products. Such changes do not the Buyer is exempt from such taxes and the Seller receives tine Buyer's Certificate of entitle Buyer to corresponding changes, improvements, additions, or replacements for Exemption prior to shipment, product previously sold or shipped. -1. TERMS OF PAYMENT: Unless the Seller's credit depainnent has given the Buyer its 12. INDEMNIFICATION BY NON CONSUMER BUYERS: Non- consumer Buyers agree. I'rror written approval. the terns of payment are as they appear at the top of the quote or to and do hereby indemnify and hold harmless Seller against al e•osts and expenses, ,ales order clOcuntentS. Seller reserves the right to require full or partial payment in advance including attorney's fees, damages, liabilities and judgments for personal injuries, including of any shipment, or other payment arangements whenever, in its judgment, the financial death, resulting from the use or misuse of Seller's products, the Buyer's failure to provide cunditiun of Buyer does not justify shipment of the goods on the terns specified. Upayment adequate in utietions to individuals using the products, failure to provide required product ,m the goods to Seller is in arrears. Seller shall have the right and option to withhold maintenance, and/or failure to bolt product its provided in Seller's Owner's Manual, however warrant rights, as outlined in the Cybex written Limited Warranty pertaining to each caused or alleged to have been caused directly or indirectly by Buyer, its agents. officers, pacxduct or service sold or provided hereunder (the "Limited Warranty or to withhold directorsand employees. service and pars. If Buyer does not make payment(s) when due, Seller may declare all 13. AMENDMENT, MODIFICATION or SUBSTITUTION: This document, together with invoice amounts due and payable without notice to Buyer and shall have the right to charge a the Limited Warranty, shall contain the entire agreement between the parties. Any finance fee of 1 t/iS'n (or the highest rate allowed by law, if less) per each 30 day perks d, or modifications thereof must be in writing and signed by Seller, No prior dealings of the part thereof; for any invoice that is past due. Should Seller commence any action(s) or panics or trade custom not embodied herein shall alter the interpretation or enforcement of otherwise seek to enforce this ageement against Buyer, Buyer agrees to pay all attorney(s) this connect, fees, tour and other collection expenses incurred by Seller. whether or not a law suit is filed. I4. DISCLAIMER OF WARRANTIES AND LIMITATION OF REMEDIES: All disputes arising under this document shall be governed by the laws of the State of SELLER rY1Ah "FS' NO W.ARRIN" "PIES, E.YPNE'.S.S OR Ih1I'LIED, ti'171/ REC;ARD TO \lassachraeus- GOODS OR SERVICIiS PROVIDED BY SELLER OTHER THAN THOSE: SE FORTH 11% Sl IIPMENf: All products are shipped F.O.B. from origin, unless otherwise specified. THE APPLICABLE LIMITED WARRAATY- BUYER SHOULD CONSULT 771E LIMITED Ilewever, if Buyer fails to make full payment as required, title shall revert to Seller upon tV1RRANTY FOR THE TERMS. CONDII'1OM5 AND LLWIT/17'!OiV, OF THE EXPRESS default by Buyer. Buyer is responsible for any loss or damage to shipments after leaving the WARRANTY PROVIDED THEREUNDER. BUYER ACKNOWLF..'DGES AND AGREES point of manufacture, Buyer is responsible for recording any shortages, damages or losses 77IAT BUYER HAS RECEIVED A COPY OF THE LIMITED 1VARRANTY APPLICABLE nn the Delivers- Receipt at the time ofdelivery. A copy of Buyer's Delivery Receipt must be TO THE PRODUCT OR PRODUCTS PURCHASED HF_REUNDER. ADDITIONAL forw<ardCd to the Cybex Customer Service Depatnent. at the address identified in paragraph COPIES OF THE LIMITED 1VARRANTY MAY BE OBTAINED BY CALLING CYBEX 10 hereof. when cdamage or losses are claimed. All concealed damage, or damage not CUSTOMER SERVICE TOLL FREEAT I- 888 -GO- CYBEX. apparent until the Ccµtipntent is unpacked and examined, roust be reported to the Cybex NO PERSON HAS AU/ TO MAKE ANY STATEMENTS ABOUT THE Customer Service Department at the address or telephone number identified in paragraph 10 PRODUCTS SOLD HILREUNDER AND SUCH S"T,ATEMENIS DO NOT CONSTITUTE hereof within 48 hours of delivery. All concealed damage claims must be matte within IVARRAN`17ES, SHALL NOT BE RELIED UPON BY HIE BUYER, AND ARE NOT PART fifteen (15) days from the delivery date. Buyer is responsible for notifying the Carrier to OF THESE S7ANDARD T'F,RAIS AND CONDITIONS, INCLUDING THE LIAITTF,D perform an inspection of the dannages before the close of business on the fifteenth day after WARRANTY INCORPORATED HEREIN. AL.I. FVARRAN17ES OTHER THAN THE idclivery. All packaging materials must be kept available by Buyer for the inspection. Failure WARRANTIES h.XPRESSLY PROVIDED HERF,IV AND IN 771E LIMITED IVARRAMIY to report a concealed damage claim as outlined above will affect Buyer's ability to fully ARE- .SPECIFIC :AI1,d' EXCI_IJDED. IN 711E CASE OF NON- CONSUdfp.R BUYERS, ALL recover damages from the Carrier and will result in Buyer assuming any costs incurred for IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR replacing or repairing the damage. P(IRPOS F.' ARE HEREBY DLSC'IALbIF.D. 0. 13IDS AND PERFORMANCE 130NDS: Any or all administrative and handling charges IN THE CASE OF CONSUMER BUYERS, 777F, DURATION OF ALL IMPLIED that may occur over and above the prices quoted will be assumed by Buyer. WARRANTIES OF MERCHAN7A1311J'TY OR FTI'NESS FOR A PARTICULAR PURPOSE 7. INSTALLATION: Buyer is responsible for installation of the equipment, except as IS LIMITED TO THE DURA770N OF THE EXPRESS IVARRAN171 S PROVIDED oascrsise P;-oxded- herein ^r requested fl? Seller. Installation includes unpacking, assembly HEREIN AND IN THE APPLICABLELJrV11'IhD WARRANTY and an operational check of the equipment. Unless otherwise specifically provided in SELLER WILL NOT BE LIABLE FOR ANY DIRECT OR INDIREC'7: twriting. Buyer has full responsibility for assuring the Carrier places the equipment in its final CONSF,QUF,NTIAL OR INCIDENTAL DAMAGES, LOSSES. OR I:XPL'NSLS. use location. Shipping and handling charges cover trucking and placement of equipment in INCLUDING, BUT NOT LIMITED TO COMMERCIAL LOSSES, BUSINESS any predetcrnined location in your facility or home. Buyer will assume all costs and INIERRUI OR DAMAGE TO PROPERTY OTHER THAN THE PRODUCT OR e.cpenscs incurred as a result of deliveries requiring the equipment to be carried more than PRODUCTS SOLD HEREUNDER, 100 feet front the closest point accessible by a commercial tractor wailer or those deliveries Notice to Consumer Buyers: Some States do not allow limitations on how long an requiring the use of a hoist, other special equipment, services or additional manpower. 1111plied wananty lasts, so the above limitation may not apply to you. Some States do not Installation does not include the anchoring of product. Buyer is responsible for all anchoring. allow the exclusion or limitation of incidental or consequential damages, stn the above Buyer will assume all costs and expenses associated with transportation, stooge, manpower, limitation or exclusion may riot apply to you. This warranty gives you specific legal rights, and waiting time for the equipment that is delivered to the requested location when delivery and you may also have other rights which vary front State to State, cannot be accepted for any reason. 15. ALTERNATIVE DISPUTE RESOLUTION FOR NON CONSUMER BUYERS S. DFL.IVERY: Any delivery date stated under this contract is the Seller's best estimate and ONLY: is based upon prompt receipt of all necessary information and payment from Buyer. Seller .SELLER RE'S'ERVES THE RIGHT TO MANDATE ALTERNATIVE DISPUTE. makes no guarantee of delivery by such date and shall have no liability or other obligation RESOLUTION TO ,SETTLE ANY OR ALL CLAIMS RES'ULTIA'G FRO:'k1 77IIS SALES fin failure to deliver on such date, regardless of cause, unless expressly stated otherwise. TRANSACTION. ALTERNATIVE DISPUTE RESOLUTION PROCEEDINGS WILL BE Seller shall have tic liability or other obligation hereunder if its performance is delayed or CONDUCTED IN 77 /E STATE' OF MASSACHUSETTS ACCORDING TO TIIE' prevented to any extent by any event such as. but not limited to. any act of God, strike or COMMERCIAL RULES OFTHEAME ItICANARB17RA77ONASSOCIA770N. work stoppage. fire, flctoel, accident, allocation or other controls of the Government It is understood between the parties that damage to the product, ineffectiveness of the authorities, shortage of transportation, fuel, material and labor, or any other cause beyond the product, or other unintended consequences may result because of many factors including the Scilei's reasonable control. manner of use or application of the product, all of which are beyond the control of the Scller. All such risks shall be assumed by tine Buyer. ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice of 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. 361104 Cybex International, Inc. Terms P.O. Box 8500 -1401 Philiadelphia, PA 19178 -1401 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) PO Amount 11/28111 805857 Repair cybex machine 46.80 Total 46.80 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. 361104 Cybex International, Inc. Allowed 20 P.O. Box 8500 -1409 Philiadelphia, PA 19178 -1401 In Sum of$ 46.80 ON ACCOUNT OF APPROPRIATION FOR 109 Monon Center PO# or INVOICE NO kCCT AMOUNT Board Members Dept 1096 -21 805857 4237000 46.80 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 15 -Dec 2011 Signature 46.80 Accounts Payable Coordinator Cost distribution ledger classification if Title claim paid motor vehicle highway fund