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172754 05/27/2009 CITY OF CARMEL, INDIANA VENDOR: 359661 Page 1 of 1 0 ONE CIVIC SQUARE BRENNTAG MID -SOUTH INC ,(a CARMEL, INDIANA 46032 3796 RELIABLE PARKWAY CHECK AMOUNT: $953.25 r,N (.raN,`o d. CHICAGO IL 60686 -0037 CHECK NUMBER: 172754 CHECK DATE: 5/27/2009 D EPARTM E NT ACCO UNT PO NU MBE R I NVOICE NUMBER A MOUNT DESCRIPT 1125 4239000 BMS651927 953.25 MISCELLANEOUS SUPPLIE Brenntag._Mid- South, Inc B R E N NTAG 1405 Highway 136 W P.O. BOX 20 Henderson, Kentucky 42419 -0020 MAY �1 8 1000 INVOICE BMS651927 INV DATE: 5/08/09 PAGE 1 OF 1 DUE DATE: 6/07/09 SOLD TO: SHIP TO: CARMEL CLAY PARKS RECREATION CARMEL CLAY PARKS REC. 1411 EAST 116TH STREET INLOW WATER PARK CARMEL IN 46032 -3455 131ST ST_ EAST OF HAZEL CARMEL IN 46033 FEDEPAL ID 51..^,504545 DATE 0 _LrrED: 5/08/09 TERMS NET 30 DAYS B/L 260703 -00 SHIP WHS: 29 SALESPRSN: 296 CUSTOMER 787843 SHIP VIA: OUR TRUCK PKG CUSTOMER PO 20817 FOB DELIVERED TAX EX# 002423120 001 3 UNITS SHIPPED PROD WGT /GAL TOTAL QTY UNIT PRICE EXTENDED 5/8/09 CALL TODD CELL #710 -5671 UPON ARRIVAL 11.0000 76827 9.700 164.4335G 3.4406 565.75 14.9485 G -PDRM MURIATIC ACID 20 DEG >A RPK DEPOSIT: 25.00 Descrl W 1�1 L l i' I o-4�G AGA C� P.O. L 7 81`7 P ea G.L. 1 G5 4aQ 0905 Budget SG Line Descx Purchaser Date QUESTIONS, CALL 317-898-8632 APProval Date REMIT TO ADDRESS: MERCHANDISE 565.75 BRENNTAG MID SOUTH, INC CONTAINER DEPOSIT 275.00 3796 RELIABLE PARKWAY CLEANING CHARGE 55.00 CHICAGO IL 60686 -0037 FUEL SURCHARGE 32.50 INS SEC SURCHARGE 25.00 PAID ON OR PRIOR TO 6/07/09 INVOICE TOTAL 953.25 PAID AFTER 6/07/09 INVOICE TOTAL 962.78 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 f 1. Coll ictiln_� 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 Payment The purchase price for all items shown on the reverse side excludes sales. use, occupation, license, excise and other taxes and Ices 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 Slates. 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 Ma, jeure Delivery of goods to the Pur'chaser'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 pan 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 ease of delay or impairment or failure of performance by Seller by reason of causes beyond Sellers 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. Suspe nsion of Credit o r Shipment Seller mev it am 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: h. 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 dangc•.r or hazard. 5. Warranty Seller warrants that the products or materials delivered hereunder meet the standard specifications of the manufaclurer(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 he 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 (told 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 LIANHTED T'O 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,�,LL hMS 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. Containp!Gylinders t" 0 ¢„a a. All ieun' ahlc 6 M�iB rs n 'by'1i4i8Ers rernain the property of the Seller and mum he returned to Seller. In. Container and cylinder deposits will be forfeited iftcomaincrs are not returned within 90 days of shipment, unless otherwise agreed to in writing by Seller. In addition to the fo Feilurc of`any sucF deposit; Ptirelrase shall rcmaio Gable for an amount equal to the difference hehveen the deposit and the replacement cost of any returnable container o- cylinder which is not returned to Seller. C. •Purchaser`agrees'to`acctpt� fill =r( spon .kiFilitV Snd liability for the disposal of non- returnable containers and cylinders in strict compliance with all laws and regulations. d. Purchaser shafiN and hold Seller har mless -agquist any claim. loss, damage or expense arising from Purchaser's handling, use, storage or disposal of any container or c. _Seller_reserves the. right to.chargaP.urchas::r with'demurrt for any returnable container or cylinder. S. Returned Material 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. 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 v, ill 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 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 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 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 terns or condi- tions in addition to or at 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 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. Jr. 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. ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL 't An invoice of 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. Brenntag Mid South, Inc. Terms 3796 Reliable Parkway Chicago, IL 60686 -0037 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) PO Amount 5/8/09 BMS651927 Muriatic acid 20817 953.25 Total 953.25 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 No. Brenntag Mid South, Inc. Allowed 20 3796 Reliable Parkway Chicago, IL 60686 -0037 In Sum of 953.25 ON ACCOUNT OF APPROPRIATION FOR 101 -General Fund PO# or INVOICE NO. ACCT #/TITLE AMOUNT Board Members Dept 1125 BMS651927 4239000 953.25 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 21 -May 2009 Signature 953.25 Accounts Payable Coordinator Cost distribution ledger classification if Title claim paid motor vehicle highway fund