HomeMy WebLinkAbout172842 05/27/2009 CITY OF CARMEL, INDIANA VENDOR: 362885 Page 1 of 1
ONE CIVIC SQUARE GODBY HEATING AIR CONDITIONING CHECK AMOUNT: $154.00
CARMEL, INDIANA 46032 57 GASOLINE ALLEY
SUITED CHECK NUMBER: 172842
INDIANAPOLIS IN 46222
CHECK DATE: 5/27/2009
D EPARTME NT AC PO NUMBER INVOICE NUMBER AMO UNT DESCRIPTION
902 4341999 217532 154.00 OTHER PROFESSIONAL FE
57 Gasoline Alley Ste D INVOICE 2 1 7 5 3 2
Indianapolis, IN 46222 I Gotta be Godby! THANK
Phone 317 244 -3444 www.gottabegodby.com YOU!
HEATING AIR CONDITIONING, LLC FaX 317- 244-6948 CUSTOMER
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This contract is entered into by and between you (together with _all other owners and other persons co- signing this agreement, _Ihe "Owner' or the
"Customer and Godby Heating and Air Conditioning, LLC "Godby as of the proposal date stated on the reverse page of this document: The Owner
acknowledges that no other promises, representations or guarantees, except those made herein by Godby shall be valid or binding upon Godby unless set
forth in writing signed by the parties. NO VERBAL promises, representations, or guarantees shall valid or binding upon Godby.
1. Proposal The contract, including the specifications on the first page of this document and these terms and conditions (collectively, the "Proposal
describes the entire work to be performed and /or the equipment or materials to be sold to Owner or installed by Godby. Godby may withdraw the Proposal
at any time prior to its acceptance by Owner.
2. Payment Be- advised, it is the normal practice of Godby Heating Air Conditioning, LLC "Godby to collect payment for all services performed as are
described on this Proposal in full on the date such services are rendered. If any portion of the payment'for the services performed by remains unpaid for
such services on the date such services are rendered to you, the Customer, you agree to pay the remaining balance of such payment due Godby according
to these Payment Terms. The price set forth. in this Invoice includes all applicable discounts and coupons. Any unpaid amounts due as is set forth on this
Proposal are due and payable within fifteen (15) days of the date of this Proposal,.unless you and Godby agree in writing signed by you and an authorized
Godby representative to a different due date. Godby reserves the sole "right and discretion to agree to any alteration of the due date for any payment. Any
late payments may be subject to late fees, interest, and or other service charges. Interest on any untimely or unpaid payment of any amount due Godby
from you shall be charge and become due and payable at the rate of 16 %of the total balance due Godby beginning on the 1 d h day after the due date for any
and all amounts due as set forth on this Proposal or the Invoice for such of
provided to you by Godby, and thereafter, if any part of the unpaid amount
due Godby continues to remain unpaid, interest shall continue to accrue at the previous rate stated monthly. in the event that payment is not received in a
timely manner, you agree to pay Godby's costs in collecting the payment, including interest and reasonable attorney's fees. Finally, Godby reserves all right
and the sole discretion to secure payment of any unpaid amount due Godby by you by recording its Sworn Statement and Notice of Intention to Hold
Mechanic's Lien or by any other means not prohibited by law, and Godby reserves its right to pursue collection of any and all amounts due by referring your
unpaid account to a licensed attorney to file a lawsuit to collect any unpaid amount and /or take any and all legal actions to collect any. and all amounts due
Godby by you. By signing this Invoice, you acknowledge that you have read these terms and you agree to them.
3. Work. Upon fulfillment of Owner's conditions set forth herein, Godby shall perform the work as specified on the first page of the Proposal (the "Work
Godby shall make every attempt to complete the Work by the completion date, provided, however, that the parties acknowledge that certain circumstance
may arise which are beyond Godby's control which may cause a delay in performance of the Work. In such the parties shall make every effort to
conclude the Work in a timely fashion. Until final payment is made by Owner, Godby shall retain all title and ownership to all equipment or materials installed
hereunder. Any additional servicing or installation work other than as set forth in the Proposal shall only be performed or delivered following an additional
written proposal signed by the parties.
4. Receipt Owner acknowledges the receipt of the specifications set forth in the Proposal. Owner's questions can be directed to the name of the
representative at the address or phone numbers listed on the front side of this contract.
5. Permits Owner shall be liable for securing any and or all permits required for the start and completion of the Work including all inspections necessary
by appropriate officials unless otherwise stated herein.
6. Guarantee Godby shall perform its services in a workmanlike manner according to standard industry practices. Ail such services are guaranteed for a
period of ninety (90) days from the date of completion, unless otherwise noted herein. Any additional work resulting from such guarantee shall be performed
during normal business hours; or, if Owner requests such work to be performed during non business hours, a fee of one -half (1/2) Godby's standard hourly
fee will be charged to Owner for any such additional work performed. Godby's guarantee is expressly in lieu of any other warranties, and the parties
acknowledge that there are no other understandings, agreement or presentations, express or implied. Owner disclaims and waives the right to any implied
warranties. Certain equipment or materials installed by Godby may carry a manufacture's warranty independent of the guarantee stated above. Owner shall
look only to the manufacturer for satisfaction of any such warranty.
7. Workmen's Compensation Godby represents that workmen's compensation insurance is available for its employees and is applicable to the Work,
although Owner assumes all liability for personal injury of any other persons entering the work area whether prior to or after completion of the Work.
8. Limitation of Liability
a. Godby's liability for damages resulting from or in connection with the Work shall not exceed the total price of this Proposal. Godby is not
responsible for damages resulting from causes mentioned in any warranty, whether manufacturer's or otherwise. As part of the Work, Godby may
recommend the location or placement of certain equipment or materials. Godby assumes no liability for any damages resulting from such placement.
Godby may make changes or modifications in initial services or for further service, where required or where necessary, as.determined -by Godby during
or after the conipietion of the Work, including but not limited to placement of any equipment or materials or any repair work related to the installation
thereof.
b. Godby shall not be liable for any damages incurred due to a failure or inability of the building structure to properly support the installed equipment,
or for expenses incurred in removing, replacing or refinishing part of the building structure which is necessary for the performance of any service or
installation, unless otherwise noted in the Proposal.
c.. Godby shall not be liable for any present or future taxes, charges or other government fees, or any items of equipment, labor or special tests
required or recommended by insurance companies, equipment vendors, or governmental authorities.
d. Godby shall not be liable for delays or damages caused by strikes, material or labor shortages, or conditions which are unavoidable or beyond its
control.
e. Godby shall not be liable for the identification, detection, abatement, storage, encapsulation, removal or transportation of any regulated or
hazardous substances. Regulated or hazardous substances may include, but are not limited to, asbestos and certain refrigerant and refrigerant oils. If
any such product or material is encountered during the course of the Work, Godby may discontinue the Work until such product or material has been
removed or the hazard or liability has been eliminated. Gody shall receive an extension equal to the time of delay to complete the Work and reserves
the right to be compensated by Owner for any loss due to the delay.
9. Insurance Owner warrants that Owner has sufficient fire, extended coverage and other necessary insurance on the premises on which the Work shall be
performed. Owner shall assume all risk of loss or damages to any equipment installed hereunder after installation.
10. Dispute Resolution Godby participates in BBB Care, a dispute settlement program of the Better Business Bureau• of Central Indiana. Accordingly,
Godby will cooperate with BBB Mediation and, upon Owner's request and within specific limits as to the scope and type of claim, will agree to mutual binding
arbitration of claims arising out of this'contract. Full information on the limits of what may be arbitrated, or any aspect of the Care program, is available from
the BBB at (317) 637 -.2273 or (317) 637 -0808.
11. Entire Agreement This contract contains the entire understanding between the Owner and Godby and any modification, amendment or changes must
be in writing and signed by the parties.
Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or' to be properly itemized must show: kind of service, where performed, dates service rendered, by
whom, rates per day, numbe(,of hours, rate per hour, number of units, price per unit, etc.
Payee
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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.
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Clerk- Treasurer
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O# or hereby certify that the attached iOv0ic8(s).Or
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materials orservices itemized thereon for
which charge ia made were ordered and
received except
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