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Home My WebLink About169829 03/18/2009 u *f CITY OF CARMEL, INDIANA VENDOR: 359584 Page 1 of 1 a ONE CIVIC SQUARE BRENNTAG MID SOUTH INC CARMEL, INDIANA 46032 3796 RELIABLE PARKWAY CHECK AMOUNT: $4,315.00 CHICAGO IL 60686 CHECK NUMBER: 169829 CHECK DATE: 3/18/2009 DEPARTMENT ACCOUNT PO NUMBER INVOI NUMBER AMOUNT DESCRIPTION 601 5023990 W08645 617406 4,315.00 MURIATIC ACID r` Rren ntag Mid- South, Inc B R E IV 0_I TAG 1405 Highway 136 W P.O. BOX 20 Henderson, Kentucky 42419 -0020 INVOICE BMS617409 INV DATE: 2/26/09 PAGE 1 OF 1 DUE DATE: 3/28/09 OLD 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 W� FEDERAL ID 610504545 DATE SHIPPED: 2 TERMS NET 30 DAYS B/L 218906 -00 SHIP WHS: 29 SALESPRSN: 294 CUSTOMER 407542 SHIP VIA: OUR TRUCK PKG CUSTOMER PO VERBAL FOB DELIVERED TAX EX# 356000972 -001 -9 UNITS SHIPPED PROD WGT /GAL TOTAL QTY UNIT PRICE EXTENDED 6.0000 820393 9.700 18000.0000# .2300 4,140.00 3000.0000 PIBC MURIATIC ACID 20 DEG INH 79 RPK SERIAL CONTAINER ID DEPOSIT 700516 701103 702184 703033 705075 706141 QUESTIONS, CALL 317- 898 -8632 REMIT TO ADDRESS: BRENNTAG MID SOUTH, INC 3796 RELIABLE PARKWAY MERCHANDISE 4,140.00 CHICAGO IL 60686 -0037 CLEANING CHARGE 150.00 INS SEC SURCHARGE 25.00 PAID ON OR PRIOR TO 3/28/09 INVOICE TOTAL 4,315.00 PAID AFTER 3/28/09 INVOICE TOTAL 4,358.15 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 ALL SALES SUBJECT TO AND GOVERNED BY THE TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE TERMS AND CONDITIONS I. Conflicting Provisions Seller's terms and conditions stated in this Document "Terms and Conditions shall be deemed controlling notwithstanding any prior of suhsequcm purchase order or similar document from Purchaser. Purchaser by taking delivery of all 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. 3. Purc hase 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 of delivery. all of which shall he 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 amount thereof. Seller reserves the right to charge a late fee and /or interest, if Purchaser fails to make any payments to Seller when same become due. 3. D Maieu Delivery ul goods to file Purchaser's location shall constitute delivery to the Purchaser: and all risk of loss or damage 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 at the specified time or on the specified date, not shall such failure on the part of the Seller he deemed to be a breach of this Agreement or any terms and conditions or pan thereof. Purchaser shall not be entitled to cancel or rescind this sale not shall Seller be liable in damages or otherwise, in the case of delay ur impairment m failure of performance by Seller by reason 0f causes beyond Seller's control, including, without limitation, claims of force. majewe 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 embargo. 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. 4. Suspension of Credit of Shipme Sethi nlav at any time alter of suspend credit to Purchaser, stop shipment to Purchaser in transit, or delay or refuse to ship to Purchaser. or cancel ally or all unfilled orders when, in Seller's sr�de opinion: Lt. the financial condition of Purchaser is unsatisfactory to Seller: h. defiveiv is delayed by the fault Of Purchaser: C. Put chaacr is delinquent in payment of any obligation owed to Seller: 01 d. sale 0" products or materials to Purchaser pray result in environmental. safety of health clanger of hazard. 5. Warranty Seller warrants that the products or materials delivered hereunder meet the standard specifications of the nhanufacturer(s) for the products or such olher specifications as may have been expressly agreed to in writing by Purchaser and Seller. SELLER NIAKES 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 0f Purchaser. Purchaser assumes all risk and liability resulting from the handling, use, storage or resale of the products delivered hereunder. whether used, handled, stor'cd or resold singly or in combination with other products, and Purchaser agrees to indemnify and hold Seller harmless against any and all logs, damages, liability. cost and expense (including reasonable attorneys' fees). arising out of such use, handling. storage or resale. Seller 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. 6. LIMIT OF LIABILITY a. PURCHASER HEREBY WAIVES ANY CLAIM AGAINST SELLER FOR CONSEQUENTIAL DAMAGES, LOSS OF OR DAMAGE TO GOODWILL OR ANY OTHER SPECIAL. DIRECT. INDIRECT OR INCIDENTAL DAMAGES. EVEN IF SELLER HAS BEEN ADVISED OF OR HAS NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND PURCHASER'S EXCLUSIVE RENIEDY WITH RESPECT TO ANY CLAIM, WHETHER IN CONTRACT. TORT OR STRICT LIABILITY OR OTHERWISE, IN RESPECT OFTHE PRODUCTS SOLD HEREUNDER SHALL BE EXPRESSLI' LIMITED'I'OTHE AMOUNTOFTHE PURCHASE PRICE OF SUCH PRODUCT OR THE REPLACEMENT OF SUCH PRODUCT. b. 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 SELLER WITHOUT SELLER'S PERMISSION. NO CLAIM SHALL BE ALLOWABLE AFTER ANY SUCH PRODUCT HAS BEEN PROCESSED IN ANY MANNER. 7. Containers /Cvlinders Lt. All retunable containers and cylinders remain the property of the Seller and must be returned to Seller. b. Container and cylincler 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 for an amount equal to the difference between the deposit and the replacement cost of any returnable container or cvlinder which is not returned to Seller. C. Puichasenagrecs to accept full responsibility and liability for the disposal of non returnable containers and cylinders in strict compliance with all laws and regulations. d. Purchaacr shall and hold SClier hanulcsS against any claim. loss, damage or expense arising from Purchaser's handling. use. storage of disposal of any container or cylinder. e. Selicr reserve, die right to charge Purchaser with demurrage for any remrnahle c0nlainer ur cylinder. S. Returned %laterial No credit will be issued for material returned unless Seller has given written consent to such return. All returned material is subject to it restocking charge. 9. Credits Any credit issued by Seller to Purchaser. may only he applied against the future purchase of Products by Purchaser and will not be paid in cash. Any such credit will expire one year after the date of issuance_ and Seller will have no obligation with respect thereto in the event that Purchaser does not apply the credit against the cast of Product purchased by it prior to such expiry dale. 10. General Lt. This Document shall not he 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 be 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 arid conditions of this Agreement, at any time, shall not in any way affect. limit or waive Seller's right there- after to enforce and compel strict compliance with each and every terra and condition hereof'. The acceptance by the Seller of any payment after the specified due date shall not constitute a waiver of the Purchaser's obligation to make further payments oil 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. c. The terms and conditions herein constitute the entire agreement between Seller and Purchaser and nmy not be modified or amended except by a writing executed by all authorized officer of Seller and no modification shall he ellccted by the parties' course of dealing or the acknowledgment or acceptance of purchase order fonts containing terms of condi- tions in addition to or at variance "ith those set Forth herein. L If any provision or provisions of this Document Shull be held to be illegal or unenforceable the legality and enforceability of the rcnhaining provisions shall not in any way be affect- ed of impaired. Products Shall he delivered to Purchaser as indicated on the face hereof. and unless otherwise indicated. Purchaser shall be responsible for the payment of all freight and transportation charges from Seller's point of loading to the delivery address specified on the face hereof. Delivery date, are appro..,imatc and are predicated on the prompt receipt by Seller of all necessar information and documentation from Purchaser. h. Unless Purchaser is authorized to distribute the products delivered hereunder pursuant to a written agreement with Seller, Seller agrees that the product is supplied to Purchaser for Purchaser's' internal use only, and Purchaser may not repackage. resell of 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 1101 limited t0, electronic data interchange or facsimile exchanges, such electronic exchanges shall be 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 5 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 3/10/2009 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 3%10/2009 617409 $4,315.00 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 Date Officer VOUCHER 091264,_ WARRANT ALLOWED 359584 IN SUM OF B RENNTAG MID -SOUTH INC 40' 4 3796 RELIABLE PARKWAY �Q(r( CD CHICAGO, IL 60686 -0037 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code 617409 01- 6180 -03 $4,315.00 e Voucher Total $4,315.00 Cost distribution ledger classification if claim paid under vehicle highway fund