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Home My WebLink About170534 04/01/2009 a CITY OF CARMEL, INDIANA VENDOR: 242000 Page 1 of 1 ONE CIVIC SQUARE PHYSIO CONTROL CORP CHECK AMOUNT: $1,020.00 CARMEL, INDIANA 46032 12100 COLLECTIONS CENTER DRIVE CHICAGO IL 60693 CHECK NUMBER: 170534 CHECK DATE: 4/1/2009 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 102 4239011 PH555721 1,020.00 SPECIAL DEPT SUPPLIES L 103/19/09IMark JCSPPP1 EALL71 qxi 003120155002/mj CARRIER CARRIER TRACKING NUMBER SALES ORDER PAYMENT TERMS WSGRD 0342118337 CNT 2 S2749181-00 Net 30 Days 'O.Mp T ,0:., 2 15 06 193 50 A erline Sept Adult /Pediatric Discount 21.50 includes airway adapter 1 2,jj 1.9.9.6 0 16 3: M I CROSTREAM SMART -2 BX .2, 0 295-0- 0 .:�,�531. 00 A P NO LINE PLUS 02 D iscount) 2 9.50 ADULT/INTERMEDIATE BOX I OF 25 295. 265 .50 .31 Smart., Capnotine with 02::... 1, BX :1 0 Er ,delivery Pediatric (for Discount 29.50- patients less than 44 lbs) Contact: MARK HULETT Phone: 317-571-2663 Sub Total l 990.00 Frei ant and Handling 30.00 CONTINUED W-0 ACCEPTED NOTE: TERMS CONTAINED ON THE REVERSE SIDE OF THIS DOCUMENT ARE EXPRESSLY MADE A PART OF THIS SALES AGREEMENT AND ARE INCORPORATED HEREIN. pmrupamaoe|moriesmavuomm1eanmpartm|invniceosxno*epermnteden000enuenoneuuoinpcoordaocowuxmepmymem�ms.mme ame^cem ship /n,ox�vnsnommePu�oamar.p»vxmmxnomaotransportation on mePurchaser's uehanon w m� arid for E�euyoxum esfo,evp�u.uuanwa� m aoeoospvvai�n� of the op MERCHANDISE |S THE RESPONSIBILITY 0rTHe PURCHASER. m� oo/avo Delivery dates are approximate. Physio will riot 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 limited disputes, m m m acts labor the authority, civil vi| un,e.gmay m mm� obtai m license �vsinam|oy to obtain goods from its usual sources. Any such dela shall riot be considered a breach of Physic and the Purchaser's agreement and the delivery dates shall be extended for the length Of Such delay. s. Inspection and Acceptance Claims by the PUrchasei fol damage to or shortages of goods delivered shall be rnade within thirty (30) days after shipment by prov Physic with written notice of any. deficiency. In the absence of such notice, Physio will deern products arid services accepted is riot r oommgen,upononmoma�correc o,any6encisnmeuunup�pmop,ior�np�va||nnanvimauamm�x�/��vm ,��n u�o,P�n$o yy""" z Warranty Physio warrants its products ill accordance with the terms of the standard Physio product warranty applicable m the product mbe supplied, and the ren provided under such warranty shall be the Purchaser's sole and exclusive remedies. The warranties set forth therein are conditioned upon the ,propei use and maintenance and conformance with any applicable recommendations of Physio and LIDOrl Purchaser promptly notifying Physio ofany defects. Physic makes no other warranties, express or implied, including, without limitation, NO WARRANI Y OF MERCHANTABILITY OnFITNESS FOR A PARTICULAR PURPOSE AND IN NO EVENT SHALL PHYSIO BE LIABLE FOR INCIDENTAL., CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES. x, won-WanamYSem/co Non-Warranty service is available by contacting a district office or the headquarters of Physic. All risk of loss, damage, freight and other costs for shipment m and from the point or repair shall ue the responsibility or the Purchaser, n� Patent Indemnity Upon receipt of p;onipt notice frorn the Purchaser and'vvith the Purchaser's authority arid assistance, Physio agrees to defend, indemnify and hold the Purchase. harmless against any clairn that the Physio products covered by this document directly infringe any duty issued United States ofAmerica patent. 10. Third Party Liability Physio, shall not be liable for arid Purchaser shall hold Physio harmless from any liability sustained in favor of third parties arising from of during Purchaser's Possession, use or sale of Physio equipment except to the extent that Such liability arises solely from Physic's negligence. Physio shall not be liable for and Purchaser shall hold Physio harmless frorn any liability for consequential clarnages sustained by Purchaser including those arising from ur measured »v lost profits under its contracts with third parties. 11, Mimxw}enenum a) The Purchaset agrees that products purchased hereunder will not be reshipped or resold to any persons or places prohibited by the laws ofthe United States nrAmerica. u) Through the purchase of Physic products, the Purchaser does not acquire any interest in any tooling, drawings, design information, computer programming, patents or copyrighted or confidential information related to said products and the Purchaser expressly agrees not to reverse engineer o,oerompi|e such products o/ related software and information. c) Physio shall have the right to cancel or suspend this Agreement at any time upon Purchaser making an assignment for the benefit m creditors o, becoming bankrupt or insolvent, or upon a petition being filed in a Court of competent jurisdiction proposing the appointment of a receiver or that Purchaser is ad bankrupt or insolvent of reorganized Linder the provisions of any applicable bankruptcy or insolvency law. u) |n addition tn the rights arid rernedies reserved herein, Physio shall have all the rights and remedies conferred by law arid shall not be required to proceed with perfol-mance of the contract arising herefrom if Purchaser is In default to Physio Linder this or any contract. e) The rights and obligations of Physio and the Purchaser related to the purchase and sale of prodLICtS arid services described in this do)curnenf shall umoovemeguv the laws :xthe State of mashington, United States of America. All costs and expenses incurred by Physic related to enforcement of its rights Linder this document, including reasonable attorney's fees, shall be reimbursed by the Purchaser. m000rphvo/o-onntro/,/m_° division mMedtronic. MIN sxu1ae-0o// CAT zsem'ooums Page: 2 I Physio- Control, Inc Prod UCt B-illing INVOICE I Mali. payments ariljr to this address 121Q0 Collectio>s.Center Drsve PH555721 Formerly Medtronic ERS ClECaga ;LL 6Q693 11811 Willows Road NE Post Office Box 97006 Please reference Er7vo�ce:;l�Iumber or1 your check 03/19/09 Redmond, WA 98073 -9706 USA I Ir1tIUrrleS C all toll :]ree .1 '80fl -425 8d4Z::. Telephone: 425- 867 -4000 Fax: 425- 881 -2405 F.E.I.N. 91- 0697691 BILL TO ACCOUNT: 1 10774201 SHIP TO ACCOUNT: 10774201 Sold To: 10774201 CARMEL FIRE DEPARTMENT CARMEL FIRE DEPARTMENT 2 CIVIC SQUARE 2 CIVIC SQUARE CARMEL, IN 46032 CARMEL, IN 46032 UNITED STATES UNITED STATES P /ease return top portion with payment. Lang Code: DATE SHIPPED PURCHASE ORDER NUMBER SALES /SERVICE REPRESENTATIVE 103 /19 /09IMark ICSPPPI EALL71 qxi 003120155002/mj j CARRIER CARRIER TRACKING NUMBER SALES ORDER PAYMENT TERMS WSGRD 0342118337 CNT 2 52749181 -00 iNet 30 Days i# 3 #d t# A 1 c i1#?11 N.:::::::.:...:::.:... #:Y: b#1 .W$MW THIS PRODUCT IS TO A CONSENT DECREE OF PE ENT I JUNCTION, FILED IN UNITED STATES V MEDTRONIC INC, AND',PHY IO CO TR L, INC. ETI AL:, CIV: NO C08 -0649 (W.D WASH 2008). UNDER HE TERMS OF TH CONSENTIDECREE, THE SALE OR !DISTRiIBUTION OF THIS PRODUCT IS AUTHOR IZ D IN IMITED CIRCUMSTANCES TO_MEET :THE SPECIFIC AND IMMEDIATE NEEDS OF RTIGULAR ;INDIVIDUALS <AND ORGANIZATIONS.> THE RESTRIC IONS HE SA E OR' DISTRIBUTION OFiTHIS PRODUCT WILL BE REMOVED WHEN PHYSIO CONTR L, INC. S SATISFIED FDA THAT ITS FACILITIiES, METHODS, PROCESSES, AND CONTROL RELATED TO THE rIANUFACTURE:'AND QUALITY OF THE PRODUCT ARE N CON OR ITY WI H THE QUALITY SYSTEM REGULATION, 21> C FR. PART 820 AND:.TIIE TERMS: F THE 'CONS ENT DECREE. i a i i I I 3 1 i i I Site: 20 O R I G I N A L v® ACCEPTED NOTE: TERMS CONTAINED ON THE REVERSE SIDE OF THIS DOCUMENT ARE EXPRESSLY MADE A PART OF THIS SALES AGREEMENT AND ARE INCORPORATED HEREIN. 1. General Terms Physio- Control, Inc. ("Physio") acceptance of the Purchaser's order is expressly conditioned on the Purchaser's assent to the terms set forth in this document and its attachments. Physio agrees to furnish the goods and services ordered by the Purchaser only on these terms, and the Purchaser's acceptance of any portion of the goods and services covered by this document shall confirm their acceptance by the Purchaser. These terms constitute the complete agreement between the parties and they shall govern any conflicting or ambiguous terms on the Purchaser's Purchase order or on other documents submitted to Physio by the Purchaser. These terms may not be revised in any manner without the prior written consent of an officer of Physio. 2. Pricing Unless otherwise indicated in this document, prices of goods and services covered by this document shall be Physio standard prices in effect at the time, of delivery. Prices do not include freight insurance, freight forwarding fees, taxes, duties, import or export permit fees, or any other similar charge of any kind applicable to the goods and services covered by this document. Sales or use taxes on domestic (USA) deliveries will be invoiced in addition to the price of the goods and services covered by this document unless Physio receives a copy of a valid exemption certificate prior to delivery. Please forward your tax exemption certificate to the Physio Tax Department P.O. Box 970106, Redmond, Washington 98073 -9706 3. Payment Unless otherwise indicated in this document or othei wise confirmed by Physio in writing, payment for goods and services supplied by Physio shall be Subject to the following terms: Domestic (USA) Sales Upon approval of credit by Physio. 100 °l of invoice due thirty (30) days after invoice date. International Sales Sight draft or acceptable (confirmed) irrevocable letter of credit. Physio may change the terms of payment at any time prior to delivery by providing written notice to the Purchaser. Physic reserves the right to charge a 15% restocking fee for returns. 4. Delivery Jniess otherwise indicated in this document, delivery shall be FOB Physic point of s`3iprr2grt and titla and risk of loss shall pass to the Purchaser at that point. Partial deliveries may be made and partial invoices shall be permitted and shall become due in accordance with the payment terms. In the absence of shipping instructions from the Purchaser Physio will obtain transportation on the Purchaser's behalf and for the Purchaser's account. Excess charges for expedited delivery are the responsibility of the Purchaser finless specifically waived by Physio. ARRANGEMENT FOR INSURANCE OF MERCHANDISE IS THE RESPONSIBILITY OF THE PURCHASER. 5, Delays Delivery dates are approximate. Physio will not be liable for any loss or damage of any kind dire to delays in delivery or non delivery resulting from any cause beyond its reasonable control, including but not limited to, acts of God, 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 shall not be considered a breach of Physio and the Purchaser's agreement and the delivery dates shall be extended for the lerlgth of such delay. 6. Inspection and Acceptance Claims by the Purchaser for damage to or shortages of goods delivered shall be made within thirty (30) days after shipment by providing Physic with written notice of any deficiency. In the absence of such notice, Physio will deem products and services accepted by Purchaser. Payment is not contingent upon irrrmediate correction of any deficiencies and Physio prior approval is required before the return of any goods to Physio. 7. Warranty Physio warrants its products in accordance with the terms of the standard Physio product warranty applicable to the product to be supplied, and the reredies provided under such warranty shall be the Purchaser's sole and exclusive remedies. The warranties set forth therein are conditioned upon the proper use and maintenance and conformance with any applicable recommendations of Physio 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 OR OTHER DAMAGES. 8. Non- Warranty Service NonAAJarranty service is available by contacting a district office or ire headquarters of Physio. All risk of loss, damage, freight and other costs for shipment to and from the point of repair shall be the responsibility of the Purchaser. 9. Patent Indemnity Upon receipt of piompt notice from the Purchaser and with the Purchaser's authority arid assistance, Physio agrees to defend, indemnify and hold the Purchaser harmless against any claim that the Physio products covered by this document directly infringe any duly issued United States of America patent. 10. Third 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 to the extent that such liability arises solely from Physic's negligence. Physio shall not be liable for and Purchaser shall hold Physio harmless from any liability for consequential damages sustain ;;d by Purchaser including those arising from or measured by lost profits under its contracts with third parties. 11. Miscellaneous a) The Purchaser agrees that products purchased hereunder will not be reshipped or resold to any persons or places prohibited by the laws of the United States of America. b) Through the purchase of Physio products the Purchaser does not acquire any interest in any tooling, drawings, design information, computer programming, patents or copyrighted or confidential information related to said products and the Purchaser expressly agrees not to reverse engineer or decompile such products or related software and information. c) Physio shall have the right to cancel or suspend this Agreement at any time upon Purchaser making an assignment for the benefit of creditors or becoming bankrupt or insolvent, or upon a petition being filed in a court of competent jurisdiction proposing the appointment of a receiver or that Purchaser is adjudicated bankrupt or insolvent or reorganized under the provisions of any applicable bankruptcy or insolvency law. d) In addition to the rights and renedies reserved herein, Physio shall have all the rights and remedies conferred by law and shall not be required to proceed with performance of the contract arising herefrom if Purchaser is in default to Physio under this or any contract. e) The rights and obligations of Physio and the Purchaser related to the purchase and sale of products and services described in this document shall be governed by the laws of the State of Washington, United States of America. All costs and expenses incurred by Physio related to enforcement of its rights under this document, including reasonable attorney's fees, shall be reimbursed by the Purchaser. 02007 Physio Control, Inc. a division of Medtronic. MIN 3201819 -001 1 CAT 26500 002709 VOUCHER NO. WARRANT NO. ALLOWED 20 Physio Control IN SUM OF 12100 Collections Center Drive Chicago, IL 60693 $1,020.00 ON ACCOUNT OF APPROPRIATION FOR Carmel Fire Department PO# Dept. INVOICE NO. ACCT #!TITLE AMOUNT Board Members 1120 PH555721 102- 390.11 $1,020.00 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 R g 0 2009 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)) PH555721 EMS Supplies $1,020.00 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