180750 12/30/2009 CITY OF CARMEL, INDIANA VENDOR: 359584 Page 1 of 1
c ONE CIVIC SQUARE BRENNTAG MID SOUTH INC CHECK AMOUNT: $3,645.00
CARMEL, INDIANA 46032 3796 RELIABLE PARKWAY
CHICAGO IL 60686 CHECK NUMBER: 180750
CHECK DATE: 12/30/2009
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
601 5023990 W08732 757153 3,645.00 FLUORIDE
1.
R
Brenntag Mid- South, Inc, B R E N NTAG
1405 Highway 136 W P.O. BOX 20
Henderson, Kentucky 42419 -0020
I1QVOICE#: BMS757153 INV DATE: 12/08/09 PAGE 1 OF 1-***
DUE DATE: 1/07/10
SOLD TO: SHIP TO:
CITY OF CARMEL UTILITIES CARMEL WATER, PLANT 5
3450 WEST 131ST STREET 5484 E. 126TH STREET
WESTFIELD IN 46074 CARMEL IN 46032
LERAL I' 6100504.545 DATE SHIPPED: i2/ 08/09 TERMS NET 3 DAYS
L 398991 -00 SHIP WHS: 29 SALESPRSN: 294
STOMER 407542 SHIP VIA: OUR TRUCK PKG
CUSTOMER PO ROB FOB DELIVERED
TAX EX# 356000972 -001 -9
UNITS SHIPPED PROD WGT /GAL TOTAL QTY UNIT PRICE EXTENDED
80.0000 805002 1.000 4000.0000# .9050 3,620.00
50.0000 BAG SOD FLUORIDE GRAN
>A F/S
QUESTIONS, CALL 317 -898 -8632
REMIT TO ADDRESS:
BRENNTAG MID SOUTH, INC
3796 RELIABLE PARKWAY
CHICAGO IL 60686 -0037 MERCHANDISE 3,620.00
INS SEC SURCHARGE 25.00
PAID ON OR PRIOR TO 1/07/10 INVOICE TOTAL 3,645.00
PAID AFTER 1/07/10 INVOICE TOTAL 3,717.90
Original Document
Atlanta, GA Columbus, OH Indianapolis, IN Miami, FL St. Albans, WV
Bartonville, IL Georgetown, KY Kansas City, MO Nashville, TN St. Louis, MO
Calvert City, KY Greeneville, TN Kennesaw, GA Nitro, WV Tampa, FL
Chattanooga, TN Henderson, KY Louisville, KY Orlando, FL Terre Haute, IN
Clearwater, FL Huntsville, AL Memphis, TN Springfield, MO Valdosta, GA
h k ALL SALES SUBJECT TO AND GOVERNED BY THE TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE
TERMS AND CONDITIONS
L Conflictine Provisions
Seller's terms and conditions stated in this Document ("Penns and Conditions shall be deemed controlling notwithstanding any prior or subsequent purchase order or similar document
from Purchaser. Purchaser by taking delivery of till or any portion of the items shown on the reverse side shall be conclusively deemed to have accepted and assented to Seller's Terms
and Conditions.
1 Purchase Price and Payment
The purchase price for all items shown on the reverse side excludes sales, use, occupation, license, excise and other taxes and fees in respect of manufacture, sale, storage, consumption
or delivery, all of which shall be paid by Purchaser. The purchase price for all items is payable in lawful money of the United States. Acceptance by Seller of drafts, checks or other
media of payment will be provisional only and subject to immediate collection of the full face mnnunt thereof. Seller reserves the right to charge a late fee and/or interest, if Purchase,
fails to make any payments to Seller when same become due.
3. Delivery /Force Majeure
Delivery of goods to the Purchaser's location shall COnStintlC delivery to the Purchaser; and ail risk of loss or damagu shall thereupon pass to and be assumed by the Purchaser. Any time
or date stated for delivery is an estimate only and the Seller shall not be liable for failure to deliver as the specified time or on the specified date, nor shall such failure on the part of the
Seller he deemed to be it broach of this Agreement or any terms and conditions or part thereof Purchaser shall not be entitled to cancel or rescind this sale nor shall Seller he liable in
damages or otherwise, in the case of delay or impairment or failure of performance by Seller by reason of causes beyond Seller's control, including, without limitation, claims of force
majeure by Seller's suppliers, strikes, labor difficulties, shortages of labor, fuel, power, materials or supplies, inability to obtain shipping space, transportation delays, fire, floods.
accidents, riots, acts of God, war, governmental interference or emhargo. In any such event. Seller reserves the right, in its sole discretion, to allocate its inventory between Purchaser
and Seller's other customers. and Purchaser waives any right to assert a claim against Seller therefor.
d. Sus pension of Credit or Shipment.
Seiler may at any time alter or suspend credit to Purchaser, stop shipment to Purchaser in transit, or delay or refuse to ship to Purchaser, or cancel any or all unfilled orders when, in
Seller's sole opinion:
a. the ihtancial condition of Purchaser is unsatisfactory to Scllcr;
b. delivery is delayed by the fault of Purchaser:
C. Purchaser is delinquent in payment of any obligation awed to Seller: or
d. sale of products or materials to Purchaser may result in environmental, safety or health danger or hazard.
5. Warranty
Seller warrants that the products or materials delivered hereunder meet the standard specifications of the manufacturer(s) for the products or such other specifications as :nay have been
expressly agreed to in writing by Purchaser and Seller. SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Determination of the suitability of the Product supplied hereunder for the uses and appli-
cations contemplated by Purchaser and others shall be the .sole responsibility of Purchaser. Purchaser assumes all risk and liability resulting from the handling, use, storage or resale of
the products delivered hereunder, whether used, handled, stored or resold singly or in combination with other products, and Purchaser agrees to indemnify and hold Seller harmless
against any and all loss, damages, liability, cost and expense (including reasonable attorneys' fees), arising out of such use, handling, storage or resale_ Scllcr assumes no obligation or
liability for the technical advice given by Seller with reference to the use of the Products or results obtained therefrom, and all such advice is given and accepted at Purchaser's risk.
G. LIMITATIONS OF LIABILITY
a. PURCHASER HEREBY WAIVES ANY CLAIM AGAINST SELLER FOR CONSEQUENTIAL DAMAGES, LOSS OF OR DAMAGE TO GOODWILL OR ANY OT14ER
SPECIAL. DIRECT, INDIRECT OR INCIDENTAL DAMAGES, EVEN 11" SELLER HAS BEEN ADVISED OF OR HAS NOTICE OF THE POSSIBILITY OF SUCH DAMAGES
AND PURCHASER'S EXCLUSIVE REMEDY WITH RESPECTTO ANY CLAIM, WHETHER IN CONTRACT. TORT OR STRICT LIABILITY OR OTHERWISE, IN RESPECT
OF THE PRODUCTS SOLD HEREUNDER SHALL BE EXPRESSLY LIMITED TO THE AMOUNT OF THE PURCHASE PRICE OF SUCH PRODUCT OR THE REPLACEMENT
OF SUCH PRODUCT.
h. FAILURE BY PURCHASER TO GIVE WRITTEN NOTICE OF SUCH CLAIM TO SELLER WITHIN 30 DAYS FROM THE DATE OF DELIVERY OF SUCH PRODUCT SHALL
CONSTITUTE A WAIVER BY PURCHASER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCT. NO PRODUCT SOLD HEREUNDER SHALL BE RETURNED TO
SFLLER. WITHOUT SEI..I_ER'S PERMISSION. NO CLAIM SHALL BF ALLOWABLE AFTER ANY SUCH PRODUCT HAS BEEN PROCESSED IN ANY MANNER.
7. Containers /Cdindcrs
a. All returnable awtainers and cylinders remain the property of the Seller and must be returned to Seller.
h. Containcr and cylinder deposits will be forfeited if containers are not returned within 90 days of shipment, unless otherwise agreed to in writing by Seller. In addition to the
forfeiture of any such deposit. Purchaser shall remain liable I'm an amount equal to the difference between the deposit and the replacement cost of any returnable container or
cylinder which is not returned to Seller_
c. Purchaser agrees to accept full responsihility and liability for the disposal of non- retumahle containers and cylinders in strict compliance with all Taws and regulations_
d. Purchaser shall indemnify and hold Seller harmless against any claim, loss, damage or expense arising from Purchaser's handling, use, storage or disposal of any container or
cylinder.
e. Seller reserves the right to charge Purchaser with demurrage for any returnable container or cylinder.
S. Returned Rlaterial No credit will he issued for material returned unless Seller has given written consent to such return. All returned material is subject to a restocking charge.
9. Crcdts
Any credit issued by Seller to Purchaser, may only be applied against the future purchase of PI roducts by Purchaser and will not be paid in cash. Any such credit will expire one year
after the date of issuance, .mil Seller will have no obligation with respect thereto in the event that Purchaser does not apply the credit against the cost of Product purchased by it prior to
such expiry date.
10. General
a. This Document shall not be assignable in whole or in part by Purchaser without the prior written consent of Seller.
b_ Unless stated to the contrary elsewhere in this Document, no action, regardless of form, arising out of the sale or delivery of product hereunder, may he commenced more than one
year after the cause of action has accrued. except that an action for.nonpayment or for failure to return containers and cylinders may be brought at any time.
C. Seller's waiver of any breach, or failure to enforce any of the terms Lind conditions of this Agreement, at any time, shall not in any way affect, ]unit or waive Seller's right there-
after to enforce and compel strict compliance with each aril every term and condition hereof. 'The acceptance by the Seller of any payment after the specified due date shall not
constitute it waiver of the Purchaser's obligation io make father payments on the specified dates.
d. This Agreement shall be governed by and enforced in accordance with the laws of the state in which the Seller's corporate office is located without reference to its conflict of law
rules. Purchaser by taking delivery of all or any items shall be conclusively deemed to have consented to personal jurisdiction in the above mentioned state_
e. The tents and conditions herein constitute the entire agreement between Seller Lind Purchaser and may not be modified or amended except by a writing executed by an authorized
officer of Seller and no modification shall be effected by the parties' course of dealing or the acknowledgment or iteceptance of purchase order fonns containing terms or condi-
tionslin addition to or A variance with those set forth herein.
1'. If any provision or provisions of this Document shall be held to be illegal or unenforceable the legality and enforceability of the remaining provisions shall not in any way be affect-
ed or impaired.
g. Products shall he delivered to Purchaser as indicated on the face hereof, and unless otherwise indicated. Purchaser shall he responsible for The payment of all freight and
tr=ansportation charges From Seller's point of loading to the delivery address specified on the face hereof. Delivery dates are approximate and are predicated on the prompt receipt
by Seller of Lill necessary information and dOennlematiOn from Purchaser_
h. Unless Purchaser is authorized to distribute the products dclivered hereunder pursuant to it written agreement with Seller, Seller agrees that the product is supplied to Purchaser for
Purchaser's' internal use only, Land Purchaser may not repackage, resell or otherwise distribute the product to third parties without the express written consent of Seller_
i. In the event that Purchaser and Seller engage in any electronic transactions, including, but not limited to, electronic data interchange or facsimile exchanges, such electronic
exchanges shall he considered as valid and legally binding and shall be subject to the terms and conditions of this Agreement.
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 of service rendered, by whom, rates per day, number of units,
price per unit, etc.
Payee
359584
BRENNTAG MID -SOUTH INC Purchase Order No.
3796 RELIABLE PARKWAY Terms
CHICAGO, IL 60686 -0037 Due Date 12/15/2009
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
12/15/2001 757153 $3,645.00
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
3
Date Officer
VOUCHER 093929 WARRANT ALLOWED
359584 IN SUM OF
e
BRENNTAG MID -SOUTH INC 4
3796 RELIABLE PARKWAY
CHICAGO, IL 60686 -0037 0
Carmel Water Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO INV ACCT AMOUNT Audit Trail Code
Q
�V 757153 01- 6180 -03 $3,645.00
F
Voucher Total $3,645.00
Cost distribution ledger classification if
claim paid under vehicle highway fund