174242 07/08/2009 CITY OF CARMEL, INDIANA VENDOR: 359584 Page 1 of 1
ONE CIVIC SQUARE BRENNTAG MID SOUTH INC
CARMEL, INDIANA 46032 3796 RELIABLE PARKWAY CHECK AMOUNT: $4,116.38
CHICAGO IL 60686
CHECK NUMBER: 174242
CHECK DATE: 7/8/2009
DEPARTMENT A CCOUNT PO N UMBE R INVO NU MBER AMOUNT DESCRIPTION
A2201 4350400 18776 BMS670120 854.95 REFLECTING POOL CHEMI
2201 4350400 BMS672897 1,581.44 GROUNDS MAINTENANCE
2201 4350400 BMS673778 1,679.99 GROUNDS MAINTENANCE
Brenntag Mid South, Tnc. B R E N N TAG
1405 Highway 136 W P.O. BOX 20
,Henderson, Kentucky 42419 -0020
A
INVOICE BMS670120 INV DATE: 6/16/09 PAGE 1 OF 1
DUE DATE: 7/16/09
SOLD TO: SHIP TO:
CARMEL STREET DEPARTMENT CARMEL STREET DEPARTMENT
ONE CIVIC SQUARE REFLECTING POOL
CARMEL IN 46032 THIRD AVE. 126TH STREET
CARMEL IN 46032
FEDERAL ID 610504545 DATE SHIPPED: 6/16/09 TERMS NET 30 DAYS
B/L 269020 -00 SHIP WHS: 29 SALESPRSN: 294
CUSTOMER 897255 SHIP VIA: OUR TRUCK PKG
CUSTOMER PO VERBAL FOB DELIVERED
TAX EX# 0031201550 -020
UNITS SHIPPED PROD WGT /GAL TOTAL QTY UNIT PRICE EXTENDED
329.9792 365998 10.140 329.9792G 2.5000 824.95
1.0000 G BULK SOD HYPOCHLORITE 12.5%
DRUM OFF -330 G POLY TOTE >A BLK
PO #17572 FOR 2008
QUESTIONS, CALL 317- 898 -8632
REMIT TO ADDRESS:
BRENNTAG MID SOUTH, INC
3796 RELIABLE PARKWAY
CHICAGO IL 60686 -0037 MERCHANDISE 824.95
FUEL SURCHARGE 30.00
PAID ON OR PRIOR TO 7/16/09 INVOICE TOTAL 854.95
PAID AFTER 7/16/09 INVOICE TOTAL 863.50
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 or subsequent 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.
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 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. Delivery /Force Majeure
Delivery of goods to the 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, nor shall such failure on the part of the
Seller be deemed to be a breach 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 be 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. hots, 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 or Shipment
Seller 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 financial condition of Purchaser is unsatisfactory to Seller;
b. delivery is delayed by the fault of Purchaser:
C. Purchaser is delinquent in payment of any obligation owed 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 may 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. 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. LIMITATIONS 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 REMEDY WITH RESPECT TO 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.
b. FAILURE BY PURCHASER TO GIVE WRITTEN NOTICE OF SUCH CLAIM TO SELLER WITHIN 30 DAYS FRONT 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 14AS BEEN PROCESSED IN ANY MANNER.
7. Containers /Cylinders
a. All returnable containers and cylinders remain the property of the Seller and must be returned to Seller.
b. Container 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 for 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 responsibility and liability for the disposal of non returnable containers and cylinders in strict compliance with all laws 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.
9. Returned Material
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 be 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 cost of Product purchased by it prior to
such expiry dale.
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 torn, 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 and 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 term 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 oblieation to make further 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 terms and conditions herein constitute the entire agreement between Seller and 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 acceptance of purchase order forms containing terms or condi-
tions in addition to m at variance with those set forth herein.
f. 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 be 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 dates are approximate and are predicated on the prompt receipt
by Seller of all necessary information and documentation from Purchaser.
It. 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 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 be considered as valid and legally binding and shall be subject to the terms and conditions of this Agreement.
Brenntag Mid South, Inc. B R E N N TAG
1405 Highway 136 W P.O. BOX 20
Henderson, Kentucky 42419 -0020
INVOICE BMS672897 INV DATE: 6/22/09 PAGE 1 OF 1
DUE DATE: 7/22/09
SOLD TO: SHIP TO:
CARMEL STREET DEPARTMENT CARMEL STREET DEPARTMENT
ONE CIVIC SQUARE REFLECTING POOL
CARMEL IN 46032 THIRD AVE. 126TH STREET
CARMEL IN 46032
FEDERAL 1D 610504545 DATE SHIPPED: 6 /22/09 TERMS NET 30 DAYS
B/L 290422 -00 SHIP WHS: 29 SALESPRSN: 294
CUSTOMER 897255 SHIP VIA: OUR TRUCK PKG
CUSTOMER PO REFLECTING POOL FOB DELIVERED
TAX EX# 0031201550 -020
UNITS SHIPPED PROD WGT /GAL TOTAL QTY UNIT PRICE EXTENDED
660.1886 723584 9.670 660.1886G 2.3500 1,551.44
1.0000 G BULK MURIATIC ACID 20 DEG
DRUM OFF -330 G POLY TOTE >A BLK
PO #17572 FOR 2008.
QUESTIONS, CALL 317- 898 -8632
REMIT TO ADDRESS:
B RENNT AG MID SOUTH, INC
3796 RELIABLE PARKWAY
CHICAGO IL 60686 -0037 MERCHANDISE 1,551.44
FUEL SURCHARGE 30.00
PAID ON OR PRIOR TO 7/22/09 INVOICE TOTAL 1,581.44
PAID AFTER 7/22/09 INVOICE TOTAL 1,597.25
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
1. Conflicting Provisions
Seller's terms and conditions stated in this Document "Terms and Conditions shall be deemed controlling notwithstanding any prior or subsequent 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.
2. Purchase Price and Pavment
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 amount thereof. Seller reserves the right to charge a late fee andlor interest. if Purchaser
fails to make any payments to Seller when same become clue.
3. Delivery /Force Maieure
Delivery of goods to the 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, nor shall such failure on the part of the
Seller be deemed to be a breach 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 be 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 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 or Shipment
Sellcr 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 financial condition of Purchaser is unsatisfactory to Seller,
b. delivery is delaved by the fault of Purchaser:
C. Purchaser is delinquent in payment of any obligation owed 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 may 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. 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. LIMITATIONS 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 REMEDY WITH RESPECT TO 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 OFTHE 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. Containei_s /C �lity ceders
a. All returnable containers and cylinders remain the property of the Seller and must be returned to Seller.
b. Container 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 anv 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
cylinder which is not returned to Seller.
C. Purchaser agrees to accept full responsibility and liability for the disposal of non returnable containers and cylinders in strict compliance with all laws 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.
8. Returned iMaterial
No credit will be issued for material returned unless Seller has given written consent to such return. All returned material is subject to a restocking charge.
9. Credits
Any credit issued by Seller to Purchaser. may only be 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 cost of Product purchased by it prior to
such expiry date.
10. General
J. This Document shall not be assignable in whole or in part by Purchaser without the prior written consent of Seller.
b. Unless staled 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 and 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 term 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 on the specified dates.
d. This Agreement shall be governed by and enforced in accordance with the laws of the stale 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 terns and conditions herein constitute the entire agreement between Seller and 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 patties' course of dealing or the acknowledgment or acceptance of purchase order forms containing terms or condi-
tions in addition to or at variance with those set forth herein.
f. If any provision or provisions of this Document shall he held to be illegal or unenforceable the legality and enforceability of the remaining provisions shall not in any way be affect-
ed or impaired.
Products shall be 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 dates are approximate and are predicated on the prompt receipt
by Seller of all necessary 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 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 be considered as valid and legally binding and shall be subject to the terms and conditions of this Agreement.
Brenntag Mid South, Inc. BRENNTAG
1405 Highway 136 W P.O. BOX 20
Henderson, Kentucky 42419 -0020
INVOICE BMS673778 INV DATE: 6/23/09 PAGE 1 OF 1
DUE DATE: 7/23/09
SOLD TO: SHIP TO:
CARMEL STREET DEPARTMENT CARMEL STREET DEPARTMENT
ONE CIVIC SQUARE REFLECTING POOL
CARMEL IN 46032 THIRD AVE. 126TH STREET
CARMEL IN 46032
FEDERAL ID 610504545 DATE SHIPPED: 6/23/09 TERMS NET 30 DAYS
B/L 269023 -00 SHIP WHS: 29 SALESPRSN: 294
CUSTOMER 897255 SHIP VIA: OUR TRUCK PKG
CUSTOMER PO VERBAL FOB DELIVERED
TAX EX# 0031201550 -020
UNITS SHIPPED PROD WGT /GAL TOTAL QTY UNIT PRICE EXTENDED
659.9978 365998 10.140 659.9978G 2.5000 1,649.99
1.0000 G BULK SOD HYPOCHLORITE 12.50
DRUM OFF -330 G POLY TOTE >A BLK
PO #17572 FOR 2008
QUESTIONS, CALL 317- 898 -8632
REMIT TO ADDRESS:
BRENNTAG MID SOUTH, INC
3796 RELIABLE PARKWAY
CHICAGO IL 60686 -0037 MERCHANDISE 1,649.99
FUEL SURCHARGE 30.00
PAID ON OR PRIOR TO 7/23/09 INVOICE TOTAL 1,679.99
PAID AFTER 7/23/09 INVOICE TOTAL 1,696.79
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 or subsequent 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 Tenns
and Conditions.
2. 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 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 (Inc.
3. Delivery /Force Majeure
Delivery of goods to the 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, nor shall such failure on the part of the
Seller be deemed to be a breach 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 be 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 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 or Shipment
Seller 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
Sellers sole opinion:
a. the financial condition of Purchaser is unsatisfactory to Seller:
b, delivery is delayed by the fault of Purchaser:
C. Purchaser is delinquent in payment of any obligation owed 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 specification., of the manufacturer(s) for the products or such other specifications as may 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. 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. LIMITATIONS OF LIABIL
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 REMEDY WITH RESPECT TO ANY CLAIM, WIIETHER IN CONTRACT. TORT OR STRICT LIABILITY OR OTHERWISE, IN RESPECT
OFTHE PRODUCTS SOLD HEREUNDER SHALL BE EXPRESSLY LIMITED TO THE AMOUNT OF THE 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 /Cylinders
a. All returnable containers and cylinders remain the property of the Seller and must be returned to Seller.
b. Container 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 for an amount equal to the diffcrcnce between the deposit and the replacement cost of any returnable container or
cylinder which is not retumed to Seller.
C. Purchaser agrees to accept full responsibility and liability for the disposal of non returnable containers and cylinders in strict compliance with all laws 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.
8. Returned Material
No credit will be issued for material returned unless Seller has given •.vrittcn consent to such return. All returned material is subject to a restocking charge.
9. Credits
Any credit issued by Seller to Purchaser, may only be 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 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 hcreundei. 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 bought at any time.
C. Seller's waiver of any breach, or failure to enforce any of the terms and conditions of this Agreement, at any time, shall not in any way affect, fimit or waive Seller's right there-
after to enforce and compel strict compliance with each and 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 to make further payments on the specified dales.
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 terms and conditions herein constitute the entire agreement between Seller and 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 acceptance of purchase order forms containing terms or condi-
tions in addition to or at variance with those set forth herein.
C If any provision or provisions of this Document shall be held to be illegal or unenforceable fire legality and enforceability of remaining provisions shall not in any way be affect-
ed or impaired.
b Products shall be delivered to Purchaser as indicated on the face hereof, and unless otherwise indicated. Purchaser shall be responsible for tire payment of all freight and
transportation 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 all necessary information and documentation front Purchaser.
It. 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 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 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 Ro., 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))
06/16/09 BMS670120 $854.95
06/22/09 BMS672897 $1,581.44
06/23/09 BMS673778 $1,679.99
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 N
ALLOWED 20
Brenntag Mid -South Inc
IN SUM OF
3111 N. Post Road
Indianapolis, IN 46226
$4,116.38
ON ACCOUNT OF APPROPRIATION FOR
Carmel Street Department
PO# Dept. INVOICE NO. ACCT /TITLE AMOUNT Board Members
18776 BMS670120 43- 504.00 $854.95 1 hereby certify that the attached invoice(s), or
2201 BMS672897 43- 504.00 $1,581.44
bill(s) is (are) true and correct and that the
2201 BMS673778 1 43 504.00 $1,679.99
materials or services itemized thereon for
which charge is made were ordered and
received except
4 V Ones�� July 01, 2009
i
Street Comm,isjioner
Title
Cost distribution ledger classification if
claim paid motor vehicle highway fund