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Home My WebLink About174254 07/08/2009 CITY OF CARMEL, INDIANA VENDOR: 363051 Page 1 of 1 0 ONE CIVIC SQUARE CARLIN HORTICULTURE SUPPLIES CHECK AMOUNT: $320.00 ,a CARMEL, INDIANA 46032 8170 N GRANVILLE WOODS ROAD MILWAUKEE WI 53223 CHECK NUMBER: 174254 CHECK DATE: 7/812009 DEPARTMENT AC COUN T PO NUM IN VOICE NUMBER AMOUNT DE SCRIPTION 2201 4462401 320.00 LANDSCAPING ARLIN 8170 N. Granville Woods Rd. I NVOICE Milwaukee, 4) 35- 23 0 0 Ph Horticultural Supplies (4 II1 11 Z [1 141355 -0 Ph Plus www. carlinsales.com Fax ProGreen W WW.CafIIflSaIBS.C31R UPC V r INVOICE DATE INVOICE NO TuA, landscape and Aquatic Supplies 000000 06/29/09 549209 -00 Pi0 NO PAGE :#.q COST.#; 17613 l 1111 TO: CARMEL .STREET DEPARTMENT REMIT TO: Carlin Sales Corporation 3400 W. 131ST STREET 8170 N. Granville Woods Rd. Milwaukee, WI 53223 WESTFIELD, IN 46074 PHONE: (317 )733 -2001/ CONTACT NAME: aLLTO: CARMEL STREET DEPARTMENT www.BUYERFEST.com= 2 REGISTER *MN =8/18 WI= 9/9 -10 3400 W. 131ST STREET INSTRUCTIONS 'SALES iN $ALES OUT Jenise See el Jim Schield WESTFIELD IN 46074 SHIRiPDINT >I. SHIP,Vi SHIPPED TERMS Carlin Sales Corp. Illinois Delivery -OT 06/26/09 DiscDuelOday QTY. QTY: ;il NET PRICE LfS7:w LIST :.PRICE ?ANDDESCRIPTION .';ORDERED•4:" 8-0 :.,�,SHIP.PED .'iU1M iAFTER:'DISC PRICE :EXTENDED 1 .75 7547 2 0.' 2 ease; 160 00 160.00.': 320.00 :904046 S sPr6Gr6 Planter 28' White.4 /cs 1 Lines Total Qty Shipped Total'; 2 NET PRICE LIST PRICE Total 320.00 320.00 Grantl Total 320.00 320.00 mi :Invoice Total 320.00 :Due:07/29/09 Last Page TERMS AND CONDITIONS OF SALE 1. Governing Provisions. These Terms and Conditions (the "Agreerrierit constitute an offer by CARL'IN GflRP. (-'Seller:')- to.provide the goods and /or services described herein (the "Products to the offeree "Buyer subject to the terms and conditions set forth herein. Buyer may not modify, renounce or waive any term or condition or any of Seller's rights or remedies, unless Seller consents in writing. Seller agrees to provide the Products to Buyer only on the terms of this Agreement, notwithstanding any language in Buyer's purchase order, if one exists, or other writing or oral representation previously or hereafter received by Seller purporting to amend or replace the terms of this Agreement with any different or additional terms or reciting that provision or delivery of the Products or any other action or inaction by Seller constitutes agreement or consent by Seller to such amendment, modification or replacement. SELLER'S AGREEMENT TO PROVIDE THE PRODUCTS IS EXPRESSLY LIMITED TO THESE TERMS AND CONDITIONS. 2. Acceptance. Buyer shall be deemed to have made an unqualified acceptance of this offer and it shall become the Agreement between the parties on the earliest to occur of the following: (a) Seller's receipt of a copy signed by Buyer; (b) Buyer's payment of any amounts due under this offer; (c) Seller's delivery of the Products; or (d) any other event constituting acceptance under applicable law. Seller reserves the right to accept or reject purchase orders in its sole discretion. 3. Returns, Cancellation or Modification. Buyer may not cancel or modify its order except upon terms accepted in writing by Seller. In the event of such cancellation or modification, Buyer shall compensate Seller for all resultant costs and damages. All returns for credit must have the prior approval of our office and must be made for valid reasons. The credit granted for such returns will be based on the invoice value at the time of purchase and will be assessed a 25% restocking charge, unless otherwise authorized. Proof of purchase is required, and no returns will be considered 30 days after date of purchase. Special order items may not be returned for any reason. The Product(s) must be in the original packaging and must be in salable condition to be accepted for return. 4. Price. The prices specified on the form, and any applicable transportation charges, may be changed without notice to Buyer. All prices and transportation charges are based on the time the Products are shipped. Changes in pricing from the time of quotation or order entry to shipment date will generally reflect raw material price changes or cost changes beyond Seller's control. Buyer shall be responsible for all taxes associated with the purchase and sale of the Products, in addition to purchase prices. 5. Payment /Attorneys' Fees. Payment shall be due as set forth on Seller's invoice. Buyer shall pay a delinquency charge of 1 -112% per month on any amount due and unpaid more than 30 days from the date of the invoice billing such amount. This is an annual percentage rate of 18 Seller reserves the right to require Buyer to pay for Products in advance, C.O.D., or by.other means of secured payment acceptable to Seller. The parties hereby agree that this Agreement shall constitute the Security Agreement required by the Uniform Commercial Code "UCC of the appropriate state. Buyer hereby grants Seller a security interest in the Products, wherever located, and all proceeds thereof, to secure Buyer's payment in full for the Products. Buyer hereby authorizes Seller to execute any UCC financing statement, or any other document necessary or appropriate, to protect Seller's security interest. If any legal action or threatened legal action is made or brought by or against Seller regarding the subject matter of this Agreement (including, but not limited to, collection actions against the Buyer) and Seller prevails in whole or in part, Buyer shall reimburse Seller for its reasonable attorneys' fees, costs and any other expenses incurred in connection with the threatened legal action or legal action. 6. Delivery and Delay. Seller shall deliver the Products to Buyer F.O.B. the location named by Seller. For deliveries Seller agrees to make via Seller's own trucks, Seller assumes the risk of damage to and loss of Products until delivery to the named location. For deliveries via Buyer's or a third party's vehicles, Buyer assumes the risk of damage to and loss of the Products from and after the Products are made available at Seller's facility. Seller's shipment policies regarding, among other things, charges based on size of shipment, as in effect from time to time, shall apply to all deliveries. Seller is not responsible for loading or transporting Product unless Seller expressly agrees otherwise in writing. Delivery dates are approximate. Seller will make every effort to meet its agreed upon shipment date. Seller shall not, however, be liable to Buyer for any loss or damage due to delays in delivery resulting from causes beyond Seller's reasonable control, including, without limitation, delays in transportation, equipment breakdowns, delays of suppliers, inabilities to obtain necessary labor, materials or facilities and acts of God. Partial deliveries shall be permitted. Buyer's exclusive remedy for such delays, and for Seller's inability to deliver for any reason, shall be rescission of the affected order. 7. Disclaimer of Warranties. SELLER MAKES NO WARRANTIES REGARDING THE PRODUCTS. PRODUCTS ARE SOLD AS IS. Seller shall, if reasonably practicable and permissible, assign to Buyer any warranty a third party manufacturer may offer for Products. However, CSC does not adopt, guarantee or represent that the manufacturer will comply with the germs of any such warranty. SELLER'S AGGREGATE LIABILITY SHALL BE LIMITED TO THE MONIES PAID TO SELLER HEREUNDER. SELLER SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE OR RESPONSIBLE TO BUYER, THE END USER, OR TO ANYONE CLAIMING UNDER EITHER OF THEM, FOR ANY OTHER OBLIGATIONS OR LIABILITIES, INCLUDING, BUT NOT LIMITED TO, OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORT OR ANY THEORY OF STRICT LIABILITY, WITH RESPECT TO THE PRODUCTS OR SELLER'S UNDERTAKINGS, ACTS OR OMISSIONS. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING. BUT NOT LIMITED TO, LOSS -OF PROFITS.- SELLER HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILTY AND FITNESS FOR A PAETICULAR PURPOSE. Any oral or written description of the Products is for the sole purpose of identifying th Products and shall not be construed as an express warranty. No further warranties may be made or implied by any agent, representative, or employee of Seller without the explicit written consent of an office of the Seller. 8. Governing Law. The internal laws of the State of Wisconsin shall govern the rights and obligations of Seller and Buyer under this Agreement. Any controversy or claim arising out of or relating to this Agreement shall be determined by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The place of arbitration shall be Milwaukee, Wisconsin. Judgment on .any award rendered by the arbitrator(s) may be •entered by any court of competent jurisdiction., Buyer hereby. irrevocably submits to the jurisdiction of.any..state court located in'Wisconsin for such purpose. 9. Miscellaneous. Seller reserves the right to correct clerical or similar errors relating to price or any other term shown in the Agreement. Invalidity or unenforceability of any term or part of the Agreement shall not affect the validity or enforceability of the remainder of the Agreement. Failure of either party to insist, in any one or more instances, upon performance of any term, covenant or condition of the Agreement shall not be construed as a waiver or relinquishment of.any.right granted hereunder or the future performance of such term, covenant or condition. Seller's rights under the Agreement shall be in addition to any other rights Seller may have and shall not prejudice any such right. Buyer shall not assign this Agreement or its rights or obligations hereunder. 10. Entire Agreement. THE TERMS AND CONDITIONS SET FORTH HEREIN CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE PURCHASE OF THE PRODUCTS AND SUPERCEDE ALL OTHER AGREEMENTS OR COMMUNICATIONS, WRITTEN OR ORAL, WHICH MAY BE DEEMED TO BE INCONSISTENT WITH IT AND MAY NOT BE AMENDED OR ALTERED EXCEPT BY A WRITING SIGNED BY SELLER. 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)) 06/29/09 549209 -00 $320.00 r" 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. WAR NO. ALLOWED 20 Carlin Horticultural Supplies IN SUM OF 8170 N. Granville Woods Road Milwaukee, WI 53223 $320.00 ON ACCOUNT OF APPROPRIATION FOR Carmel Street Department PO# Dept. INVOICE NO. ACCT #/TITLE AMOUNT Board Members 2201 549209 -00 2201- 624.01 $320.00 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 Mond y, J 6, 2009 m Street Commissione Sireef ommissloner Cost distribution ledger classification if claim paid motor vehicle highway fund