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172753 05/27/2009 CITY OF CARMEL, INDIANA VENDOR: 359584 Page 1 of 1 ONE CIVIC SQUARE BRENNTAG MID SOUTH INC CHECK AMOUNT: $857.45 CARMEL, INDIANA 46032 3796 RELIABLE PARKWAY CHICAGO IL 60686 CHECK NUMBER: 172753 CHECK DATE: 5/27/2009 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION T2201 4350400 18776 857.45 REFLECTING POOL CHEMI Brenntag Mid- South, Inc. B R E N NTAG 1405 Highway 136 W P.O. BOX 20 IMF Henderson, Kentucky 42419 -0020 INVOICE BMS650530 INV DATE: 5/08/09 PAGE 1 OF 1 DUE DATE: 6/07/09 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: 5/08/09 TERMS NET 30 DAYS B/L 261743 -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 329.9792 365998 10.140 329.9792G 2.5000 824.95 1.0000 G BULK SOD HYPOCHLORITE 12.50 1874 DRUM OFF -330 G POLY TOTE >A BLK PO #142 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 32.50 PAID ON OR PRIOR TO 6/07/09 INVOICE TOTAL 857.45 PAID AFTER 6/07/09 INVOICE TOTAL 866.02 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 Provision Seller's terms and conditions stated in this Document "Terms and Conditions shall he deemed controlling notwithstanding any prior ur subsequent purchase order ur similar document from Purchaser. Purchaser by taking delivery of all or any portion of the items shown oil the reverse side shall he conclusively deenud to have accepted and assented to Seller's Terms and Conditions. 2. Purchase Price and Pa n2y lent 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 stoney of the United States. Acceptance by Sellcr of drafts, checks or other media of payment will be provisional only and subject to immediate collection of the full face amount thereof. Seller rescnves the right to charge if late fee and /or interest, if Purchaser fails to make any payments to Seller when same become (Inc. 3. Delivery /Force tiklajeure 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 tittle or date stated for delivery is an estintate only and the Seller shall not be liable for failure to deliver at the specified time of or the specified dale, nor shall such failure on the part of the Seller he deemed to be a breach of this Agreement or any terms and conditions or pat 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. I11 any such event. Seller reserves the right, in its sole discretion, to allocate its inventory hetween Purchaser and Seller's enter customers, and Purchaser waives any right to assert a claim against Seller therefor. d. S usoensibn of Credit o r Shipment Seller may at any tine 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 order when. in Seller's sole opinion: a. the Iuancial condition of Purchaser is unsatisfactory to Seller: b. delivery is delayed by the fault of Purchaser: C. PniThaser i, delinquent in payment of anv abligaion owed to Seiler: or d. ate of products or materials to Purchaser may result in environntenlal..safety or health danger or hazard. 5. Karrauttk Seller warrants that the products or materials delivered hereunder meet the standard specif icaions of the ntanufacturer(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. Detennination 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 liahility resulting from the handling. use, storagc 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 lo:;s, damages. liability. cost and expense (including reasonable attorneys' fees), arising out of such use, handling, storage or resale. Sellcr 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 RESPECTTO ANY CLAIM, WHETHER IN CONTRACT. TORT OR- STRICT LIABILITY OR OTHERWISE, IN RESPECT OFTHF, PRODUCTS SOLD HEREUNDER SHALL BE EXPRESSLY LIMITED TOTHE 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. Containers /Cvlinders a. All returnahle containers and cylinders remain the property of the Scller 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 vudt deposit, Purchaser Shall retrain liable fur an amount equal to the difference hetween the deposit and the replacement cost of any returnable CUntalner or cvlinder which is not returned to Scller. C. Purchaser agrees to accept full responsibility and liability for file disposal of non returnahle containers and cylinders in strict compliance with ail laws and regulations. d. Purchaser shall indemnify and hold Seller harmless against any claim, loss, damage or expense arising front Purchaser's handling. use, storage or disposal of any container or cylinder. C. Seller reserves the right to charge Purchaser with dentun'age fix any returnable container or cylinder. R. Returned Material No credit will be issued for material returned unless Scllcr 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, ma 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 he assignable in whole or in pail by Purchaser wifhout the prior written consent of Seller. F. 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 am breach, or failure to enforce any of the terms and conditions ul this Aereenen.. at anv time, shall not ill any way affect, limit or waive Scller's right there a t er to ciflorce and compel strict compliance with each and every term and condition hereof. The acceptance by the Scllcr of any payment after the specified due date Shall 1101 constitute if 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 anv 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 Purchascr and may not be modified or amended except by a waiting executed by an authorized oR icer 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. I. If any provision or provisions of this Document shall he held to be illegal or unenforceahle the legality and enforceability of the remaining provisions shall not in any way be affect- ed or initialled. Products ;hall he delivered to Purchaser a, indicated on the face heruoi. are! unless otherwise indicated. Purchascr shall he responsible fur the payment of all freiLht and transportation Chnle- from Scller s point of IOadimc to the delivery addle- ;pccified on the face hereof. Delivery dares are appro\amatc and arc predica icd on the prompt receipt by Seller of all necessary information and dOCIAloCnlallon front Purchascr: h. Unless Purchaser is authorized to distribute the products delivered hereunder pursuant to a written agreement with Scller, Seller agrees that file product is supplied to Purchascr 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 1o. electronic data interchange or facsimile exchanges, such electronic exchanges shall be considered as valid and legally binding and shall be subject to the teens 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 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)) 05/08/09 BMS650530 $857.45 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 Brenntag Mid -South Inc IN SUM OF X111 N. Post Road Indianapolis, IN 46226 $857.45 ON ACCOUNT OF APPROPRIATION FOR Carmel Street Department PO# Dept. INVOICE NO. ACCT /TITLE AMOUNT Board Members 18776 BMS650530 43- 504.00 $857.45 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 T,rhursday, May 21, 2009 I 1 I ILI' Street Commission r Title Cost distribution ledger classification if claim paid motor vehicle highway fund