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168659 02/04/2009 CITY OF CARMEL, INDIANA VENDOR: 242000 Page 1 of 1 ONE CIVIC SQUARE PHYSIO CONTROL CORP CARMEL, INDIANA 46032 12100 COLLECTIONS CENTER DRIVE CHECK AMOUNT: $612.97 CHICAGO IL 60693 CHECK NUMBER: 168659 CHECK DATE: 2/4/2009 DEP ACCOUNT PO NUMBER INVOICE NUMBER AM OUNT DESCRIPTION 102 4239011 PH516815 612.97 SPECIAL DEPT SUPPLIES ,'y 101/09/09 Mark CSPPPI EALL71 qxi 00 3120155002/mj CARRIER CARRIER TRACKING NUMBER SALES ORDER PAYMENT TERMS WSGRD 0341425604 CNT 1 52716302 -00 Net 30 Days .T'tl�. 111996- 000093: Pedilatric EDGE System RTS 20 EA 20 0 37.0;0 588.`97 E electrodes with Discounts 7.55 QUIK -COMBO connector INTL j L /C: 1827728 Expires: 03/2$/10 20 I Contact: MARK, HULETT %Phone: 317 -1571 -2663 j Sub Total! 588.97 Freight and Handling 24.00 I THIS PRODUCT IS:,: SUBJECT TO A CONSENT DECREE OF PE IENT I N JUNCTION, FILED IN UNITED STATES V. MEDTRONIC, INC. AND 'PHY IO -CO TR L, INC., ET AL., 1CIV1 NO C08- 0649(W.D. WASH. 2x008). UNDER HE :TERMS OF THE CONSENT DECREE THEISALE ORDISTRIBUTION OF THIS 'PRODUCT IS AUTHO IZ D IN LIMITED CIRCUMSTANCES TO:MEET THE :SPECIFIC AND IMME IATE EELS OF RTICULAR IINDIUIDUALS AND ORGANIZATIONS. THE RESTRIC IONS HE SALE OR DISTRIBUTIiON DF iHJS PRODUCT WELL BE RE14OVEL WHEN PHYS10 C0 zT?R. L, INC. S SATISF= FDA. THAT ITS:: FACILITIES, METHODS, PROCESSES, AN I CONY OL RELA11ED TOi THE MANUFACTURE AND °UALITY THE PRODUCT ARE _N C0N�ORt�1ITY wIl$ THE U �LITY iSYSTEM'REGULATION, 21 C.F..R. PART 820 AND THE TER ,S: F THE CONSENT DECREE:; I I i I I f i I I I I i k 612.97 Site: 20 O R I G I N A L visa ACCEPTED NOTE: TERMS CONTAINED ON THE REVERSE SIDE OF THIS DOCUMENT ARE EXPRESSLY MADE A PART OF THIS SALES AGREEMENT AND ARE INCORPORATED HEREIN. point. Partial deliveries may be made and partial invoices shall be permitted and shall become due in accordance with the payment term In the r mce of shipping instructions from the Purchaser, Physio ;.ill obtain transportation on the Purchasers behalf and for the Purchaser's account. Excess charges for expedited deliver are the responsibility of the Purchaser unless specifically waived by Physio. ARRANGEMENT FOR INSURANCE OF MERCHANDISE IS THE RESPONSIBILITY OF THE PURCHASER. 5. Delays Delivery dales are apprexi €irate. Physio will not be liable for any loss or clarnage of any kind due to delays in delivery or non- delivery resulting from any cause beyond its reasonable control, including but not. lin;ited to, arts of Cod, labor disputes the requirements of any governmental authority, :war, civil unrest, delays in manufacture, obtaining any required license or permit, and Physio inability to obtain goods from its usual sources. Any such delay shr3il not be considered a breach of Physio and the Purchaser's agreement and the delivery elates shall be extended for the length of sr €ch delay. 8. Inspection and Acceptance Claims by the Purchaser for clan; =age to or shortages of goods delivered shall be made within thirty (30) days after shipment by providing Physio ~mitten notice of any deficiency. In the absence of such notice, Physio will deem products and services accepted by Purchaser. Payment is not contingent upon irnrnediate correction of any deficiencies and Physio prior approval is required before the return Of any goods to Physio. 7. Warranty Physio .'vaifants its products in accordance with the t r:rrris of the standard Physio product ti'rarr:anty applicable to the product to be supplied, and tf,e rc' t, r c! e5 provided r.mraer such warranty shall be the Purchaser's sole and exclusive remedies. Tl e warranties see ;orth therein are conditioned upon tl;e proper use and maintenance and conformance with any applicable recormnendations of Physic and upon Purchaser promptly notifying Physio of any defects. Physio makes no other warranties, express or implied, including, without limitation. NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IN NO EVENT SHALL PHYSIO BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL Of i 01 HER DAMAG=ES. Non Warranty Service Nora- taliaira; ity service is available by contacting a district office or the headquarters of Physio. All risk of loss, darnage, freight and othei costs fo€ shipment to and from the point of repair z hall be tyre responsibility of the Purchaser. 9. Patent Indemnity 1.) pon recelnt of prompt notice from the P rchasei and ir•.'ith the. Purchaser's authority and assistance. Physio agrees to defend, indemnify an:! hoid the Pu €chaser harmless against any claim that the Physio products covered by this document directly infringe any duly issued United States of America patent. 10. "T"hird Party Liability Physio shall not be liable for and Purchaser shall hold Physio harmless from any liability sustained in favor of third parties, arising from or during Purchaser's possession, use or sale of Physio equipment except try the extent that such liability arises solely fiom Physic's negligence. Physio shall not be liable for and Purchaser shall hold Physio harmless ,`rorn any liability for consequential darnages sustainer; by Purchaser including tho:,e arising from r measured by lost profits under I ls contacts ,;-ith third parties. 11. rAiscellaneous a) The Purchaser agrees that products purchased hereunder will not be reshipped or resold to any persons or places prohibited by the taws of the United States of Arnericea. b) Through the purchase Of PhysiQ urc}ducts, tile Prnchasr r does not acquire any inte!est in any tooling, diawings, design information, computer Enid' =:ir:t. sw 'ghtad i,,r t�F r informat r ;.,t£;d O c.id ,�r l}Cl iai, l,;d E? Pu, ark,a.,' expr', ly.al')[f es not tiS rr', l.; r.. P., engine ar deco €riche such pro; "l .:Cts or related }ftvvr:tre' anff !nfor>rt<at €on, c'} Physic shall have "le r ght to cancel or suspend this .Agreement at any time upon Purchaser making an assignment for tr.e benefit of cre n or:s rr i_ bankrupt of insolvent, or upf a petition being filed in a our of coinpelent iiirisclich-on propos€ng the apps intment of a re; er of that Purcf asei is ad ;.€dicatea bankr€ pt or insolvent Or reownized under the provisions of zany applicable, bankruptcy or insolvency lar�t. In ddit.an v') ttt ;tP and rerned�es des .r ve P. rerr�. phys €o s =call hawe. all the r q€ is n remedies confeir�d by IaUV tiled s ail riot k, .r ~e:. tit, x l•.i +fr r;erforrnance; rf the contract ::frisirng here it P :Uic "Ise- is in def:ar. It to Physio and r this or any con tra, t. e? i valets ob :g. :c.rf, of Ph.Vsi0 and flee P€+€ch€.d see related tt ffi:e par n,as e; and ;ale of Products. rand s ,s described in th s d c urn €nt _hals nee i e lays o th stare 'o' Wasl i :t n, t I C tare Of E rid. 1 f f Nr r ceme agave y tad Ar7 r •a A )sts an cx,�cn: =cis �acr r� :a`d by P�ys�o .a�_.v,i t, ,n _::f its rights Unde tuts document, includi ^g reasonob e attom y's fees, shal be rein €bursed by the Pii3chaser. �c.CG? €vJsio "rd Inc" o€t.€. ieiWo, MI <0'01: CAT ..,':0000 •.';g VO NO. !/:.!ARRANT NO. ALLOWED 20 Physid Control IN SUM OF 12100 Collections Center Drive Chicago, IL 60693 $612.97 ON ACCOUNT OF APPROPRIATION FOR Carmel Fire Department PO# Dept. INVOICE NO. ACCT #/TITLE AMOUNT Board Members 1120 PH516815 102 390.11 $612.97 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 FEB 2 2009 i4" e Fire Chief Title Cost distribution ledger classification if claim paid motor 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 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)) PH516815 Misc. EMS Supplies $612.97 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