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173283 06/10/2009 f CITY OF CARMEL, INDIANA VENDOR: 361104 Page 1 of 1 ONE CIVIC SQUARE CYBEX INTERNATIONAL INC CARMEL, INDIANA 46032 PO BOX 8500 -1401 CHECK AMOUNT: $19,982.85 PHILADELPHIA PA 19176 -1401 CHECK NUMBER: 173283 CHECK DATE: 6/10/2009 D EPARTME NT A CCOUNT PO NUM INVOICE NUMBER AMO DESCRIPTION 853 5023990 651401 19,982.85 TOTAL BODY TRAINERS j4 --'Evs Global Headquarters Remit to: YBEX 10 Trotter Drive Cybex International, Inc. INVOICE 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: 1 of 1 Sold To: Carmel Clay Parks Recreatior Ship To: Gilles Fitness Invoice Information The Monon Center Ginny Brown 317 523 -8729 Invoice Date: May /11/2009 1235 Central Park Dr. E. 5439 S. East St. Invoice: 0000651401 Carmel IN 46032 Indianapolis IN 46227 USA USA Customer No: CYB0037634 Payment Terms: Net 30 Due Date: Jun /10/2009 Bill To: Carmel Clay Parks Recreation AMOUNT DUE: 21,285.90 USD Carrie Keaveney 1411 E. 116th St. Carmel IN 46032 U EJ SAY 1 4 2009 Shipment Information Date Shipped: May /08/2009 Sales Order No: DOM0056147 BY: Purchase Order No: 20723 Pro No: 1740472GTSI Carrier: Gainey Transportation. Services Ship Via: D/D Freight Terms: Prepaid with delivery billed Line Product No. Description Quantity UOM Unit Amt Tax Net Amount 1 750AT 750AT Total Body ARC Trainer 3.00 EA 6,025.00 Y 18,075.00 S/N D0508750AT95014B29 S/N D0508750AT95014B30 S/N D0508750AT95014B31 2 750ATKO15 Kit Side Handles 3.00 EA 180.00 Y 540.00 3 OWTEQFRT Delivery Charge 1.00 EA 1,367.85 N 1,367.85 Subtotal: 19,982.85 Subtotal (Sales /Use): 1,303.05 AMOUNT DUE: 21 USD Order eriiereu by Karen swillers, if 'Lheie ail any on dal very please call 774 324 -8371 In order to change your current ship date or to change and /or alter any portion of your current order, we require advanced notice of least 10 Purchase business days prior to your current ship date Descdpuon FrW E05'� EGUIPMM I Allow up to 10 working days for transit from date of shipment. P.Q. P olJ Inside delivery /Assembly, please call at least 24hrs in advance of delivery G.L 0 FLL0 Please ship to Gilles Fitness for delivery and installation at Carmel Clay Budget Parks Recreation. Llne sw CE I L t Gilles Deal Pumhaw Date APProV Date 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 dOCUrnern. whether designated as a quote. offer, 9. CANCELLATION or AUIT',RATION: No order may be canceled or altered after dV or sales acknowledgment. is an offer to sell made by Cybex international, Inc, (­Cybex" or mailing of the sales acknowledgirmlt unless agreed to by Seller. Cancellation or alteration of Acceptance is expressly limited to the ternis 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 Buyer's acceptance or other response hereto states terms additional to Or different lion of 25% of the sales order amount plus any and all expenses incurred and damages susulirtc( rho sc set fordif herein, this document shall be deemed a notice Of objection to such additionat by Scher to leftHil the product to the point of manufacture. Custom ordoi, obligate Buyer r dilloleril terms and rejection thereof. pay Seller 100% of the sales older functunt Plus any and all expenses sustained by Seiler to 2, PRICES: Ptices shown on quote are Seller's prices in effect On that date and are shown in return tile product to the point of manufacture. Seller will make every reasonable effort to U.S. dollars. Quotes shall expire in thirty (30) days unless otherwise noted thereon. Verbal ship by the estimated date, but failure to do so shall not be cause for cancellation. JMCe 10 Callnt)t Supersede a written price quote. Seller reserves the right to 10. RETI_JRNI_ GOODS: When agreed to by Seller in writing, Buyer may return Products correct ally clerical or mathematical errors prior to Buyer acceptance. Shipments wilt be with a Reform Authorization Number, obtainable by writing to Cybex International, Inc., billed at prices stated on accepted orders unless delays have been initiated or requested by Attn: Customer Service Department, 10 Trotter Drive. Medway, NIA 0205' or by calling Rover i0ich shall entitle Seller to any and all additional costs and expenses iesUttiu, front the Customer service Department at 1-888-GO-CYBEX. Buyer's failure to obtain this the delay. Return Authorisation Number will prevent Seller from being livable whether or not the TAXF. T S AND DUIES: The price does not include ally federal, state Or local taxes, product is ,accepters by Seller's receiving dock. Buyer must ship all iclurned products freight or duties. Therefore, in addition to the price suited herein. any applicable sales, prepaid, use or Other taxes and g overnment charges imposed by any governmental body upon 1110 11. PRODUCT CHANGES: Seller reserves the right to change or revise specifications and ramaction 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 Ahanges do not tho Bever is exempt from such taxes and the Seiler receives the Buyer's Certificate of entitle Buyer to corresponding changes, improvements, additions, or replacements fa r Exemption prior it) shipment, product previously sold or shipped. 4, TERMS OF PAYMT ill NT: unless the Seller's Credit department Iran given life Buyer its 12. INDEMNIFICATION BY NON-CONSUMER BUYERS Non- consumer BLIVffN agree lei written apptokal. t ic refs Of payme are as they appear at (lie top of the quote or to and (to hereby indemnify and hold harmless Seller against ali costs arid 'expei I ,�dcs oldol docialwrics. Seller reserves the fight to require full or partial payment fit advance including attorney' fees, damages, liabilities and judgments for I)CiNonal i iJu irics. :llcht(jjri; o f Lim shipment, Of other payment arrangenrents 5 Aheriever, in its judgment, the financial death, resulting from the use or misuse of SeVer's pioduGts, the Buyer f lure to p1`OViJ,- coo Edon of Brivor does tot lustily shipment of the g oods on the ternis specified. If payment adequate instructions to individuals IlS [Ile PrOdUCIS, failure to pro vide required product on 11w goods to Seller is in arreaus. Seller shall have the ri and option to withhold maintenance, and/or failure to Lott product as provided in Seller's Owner's N-larrual, however ovanxity lights. as Outlined in the Cybex written Limited loVarranty pertaining to each caused or alleged to have been caused directly or indirectly by Buyer, its a OffileerS, product of service sold or provided hereunder (file "Limited Warranty"), or to withhold directors and employees. service and parts. 11' Buyer does not make payments) when due, Seiler may declare all 13, AMENDMENT, MODIFICATION of SUBSTITUTION: This document. together with HIVOICC lV11OLHAs 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 fin amc fe Q of I t (or the highest title allowed by law, if less) per each 30 day period, or modifications thereof must he in writing and signed by Seller. No prior dealings of the part 0)c!rA,f, for any i nvoice that is past due, Should Seller commence any action(s) of parties or filide custom not embodied herein shall alter the interpretation Or enforcement of otlrclwrc seek to enforce this agreement against Buyer, Buyer agrees to pay all attorney(s) this cconnact, lei: ,s cotlll and other collection expenses ilICLUMI by Seller. WhCthC`1 01 not I law Still is filled, 14. DISCLAIMER OF WARRANTIES AND LIMITATION OF REMEDIF S: Flt? disputes arising under this document shall be governed by the laws of the Suite S WAKE'S NO WARRANTIES, E�VPHLSS OR IMPLIED, 11 REGARD TO 41 is �lru�et _'R GOODS OR SrRVICFS PROVIDED By SELLER OT11LR THAN THOSE SGT F ORTH IN 5. SHII All product, are shipped F.O.B. from origin, unless othemise specific(], 7LIE APPLICABLE LhWITED WARRANTY BUYER SHOUL C'OA LIMITED fio%\vn,n, it Blivei fails to make full payment as required, title shall revert to Seller upon VIARRAVTY FOR ILIE TVRAIS CON"D177ONS AND 1 1 ,1 117:4770A'S OF THE EXPRESS &I"Itill by Buyer. Buyer is responsible for any lo,l or damage to shipments after leaving the WARRANTY PROVIDED HEREUNDER. Bb'YER AC AND AGREES J OfuMnLdactUrc. Bever is responsible for recording any shortages, damages or lossc.s R 77IA7 BIWE HAS RECEIVED A COPY OF TIJE`1_h11IT1. WARRANTYAPPIWABI-L lh, Delivery Receipt M the time Of delivery. A copy ol'Buyer's Delivery Receipt must be TO THE' PRODUCT OR PRODUCTS PURCHASED HEREUNDER. ADDITIONAL l carded to the Cybex Customer Service Department, at the address identified in pata COPIES OF THE LIMITED WARRANTY ALAY BE OBTAINED BY CALLING CYBEX 10 bcruof. when damage of losses are claimed, All concealed darna or damage not CUSTO.-WER SERVICE TOI 1. FREF,` AT 1-888-GO-CYBE'X. apparenl mml the equipment is unpacked and cmunined, must be reported to the Cybex NO PERSON HAS .411 TO MAKE ANY S1A7_1 ABOUT THE Custonm Service Department at the address or telephone numberidentified in paragraph If) PRODVC7S SOW HERFLUA AND SUCH S7A7'F`A1E`N`FS DO NOT COA heaCflf' Within 48 110LIPS of delivery. All concealed damage claims must be made within IVARRAAWLS, SHALL NOT BE RELIED UPON By TIIE BUYER, AA A`07 PART fh,ml (1?i days front the daIivery date. Buyer is responsible for notifying the Carrier 10 OF THESE STAVDARD TEWAIS AND COND INCLUDING; THE LIAITTED per iorni an inspection Of the damages before the close of business on the fifteenth chly :1(lei WARRANTY INCORPORATED I/ERE7N. ALI, WARRANTIES 077 THAN THE deliver v. All packaging niatcrials mUS1 be kept available by Buyer for the inspection, 1 IVARRAN71ES EXPRESSLY PROVIDED HEREIN AND IN THE LhVITED WARRANTY to ictlorr a concealed damage claim as outlined above will affect Buyer's ability to fully ARE IN THE CASE OF NON CONSUMER BUYERS, ALL ie,ovcr damages from the Cxner and will result in Buyer assuming any cost., pleurae I for IMPLIED WARRANTIES OF AIERCHANTA13HIFY OR FfTVLSS FOR I PARTICULAR icplacin of repairing the damage. PURPOSF APE HEREBYDISCIAIMED, O. BIDS AND PERFORMANCE, 13ONDS: Any Or all administrative and handling charges IN 771E CASE OF CONSU,411-4? BUYERS, 1711 IN !RA7f0A' 01 ALL m 111at o occur over and above file prices quoted will be assumed by l3UvCr It' ARRAN77ES OR IWA I.S FOA A PAR11CI!1AR PURPOSE -1-AT ION, Butte: i s rcspolwhlo for installation oC 0w oqwpnrent� except as 1.5 LIMITED TO 711E DUWATIOA' OF THE EXPRI:SS l,VARRAAT/j_ PROVIDED n1f)"IfIcd Ij train or lcljucsiad by Seller. Insuillation incIudcs unpackilw, a,sooihly HER/`­PVA.i',7.) 'AR RANTY. aod an opejanotial c if!' the equipnletn. Unless otherwise specifically provided in SELLER WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRP, writkr. Buyer has full responsibility for assuring [he Carrier places the lent in its filial COA'SFQUh OR 1NCIDh., DAALAGES, LOSSES, OR h..V1 Shipping and handling chru cover truckin and placement of equipment ill INCLUDI.M.", BUT AtOT LIMITED TO COMAIE'RCIAL LOSSLS, BL a pW1lolUrnlinCd 10,7atioll in your facility or home. J[Lyci will assume all cos t I S and INVERRUP770,V. OR DAMAGE TO PROPERTY OTHER THAN THE PRODUCT 01" cwcnsc� "culled as a result of(lefiveries; requiring tktxjumipmew­to) A 1 PRODL SOLI) HEREUNDER. 100 f From the clo,est point accessible by a commercial tractor trail cl or those ddlivGrFs Notice to Buyers: Some State do Trot allow limitations on flow lot), an icquiring the use of a hoist. Other special equipment services or additional inan gower, implied wm lasts. so tile above limitation may not apply to you Sorge States o il) not histallation does not include the anchorin Of allow the exclusion 01' 111THWH011 of incidental of consequential danrage,�, so the above Buyer will assume all costs and expenses assoc ijted with transportation, storage. rnanpoWer limitation or exclusion ma apply to vou. This warmirty gives )'flu sp,�,c legal and w�loali', line for the equipirlent that is delivered to the requested I iVe N and Y you may also have other rights which var y y front State it) State. lxl;wcepted for any reason.' 1 ALTERNATIVE DISPU'IT RESOIj ION S. DFLIVFRY: Any defivervdaic sta ONLY FOR NON BUYERS based upon prompt receipt of all necessary infornistion and payment from ButyplLiSelok SELLER RESE'RVE'S THE RIGHT TO NIAVDATE AL71 DISPUTE makcs no Guarantee of'delivery by such date and `f 1SfTAII'Tyh7 7 n7I RESOLUTION TO S1771h' ANY OR ALL CLAINIS RESULTIA FROJj THIS SALES for failure to deliver on such date regardless of cause, unless expressly stated othemrse. TRAA'SACTION. ALTERNATIVE DISPUT• RESOLUTION' PROCEEDINGS WILL BE Sc;ik;r shall have no halfiltiv or other obl hereunder if its performance is delayed or CONDUCTI IN THE STATE OF WASSACHu ETIS ACCORwivG TO THE I­ e venitt lo any mcno by any event such as, but not limited to, any act of God, strike or COjVJjlIER( 'IAL RULPS OF stoppage. file, flood, accident, allocanc.al or other controls of the Goverrinjelit It is u between the parties that damagle to the plWLICL Inei"I'MiVelleSS Of the mallmitics, shortage oforansponation, fuel, material and labor, orariv other cause beyond the ploduct, Or other unintended can.,equeuees may result because of many factors including die `icllci's i control. -1 manner OI'U�U or of the product, in] of which are beyond the control of the Sellel. All such risks shall be assumed by the. Tinvel, 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 5/11/09 651401 Fitness Equipment 20723 19,982.85 Total 19,982.85 1 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 -1401 Philiadelphia, PA 19178 -1401 In Sum of$ A l 19,982.85 f' ON ACCOUNT OF APPROPRIATION FOR 853 Gift Fund PO# or INVOICE NO kCCT #fTITLI AMOUNT Board Members Dept 853 651401 5023990 19,982.85 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 4 -Jun 2009 Signature 19,982.85 Accounts Payable Coordinator Cost distribution ledger classification if Title claim paid motor vehicle highway fund