170898 04/16/2009 CITY OF CARMEL, INDIANA VENDOR: 00350878 Page 1 of 1
ONE CIVIC SQUARE ICI DULUX PAINT CENTERS
CARMEL, INDIANA 46032 21033 NETWORK PLACE CHECK AMOUNT: $2,128.82
CHICAGO IL 60673 -1210 CHECK NUMBER: 170898
CHECK DATE: 4/16/2009
DEPARTMENT ACCOUNT PO NUMBER INVO NUMBER AMOUNT DESCRIPTION
1125 4235000 193118 2,128.82 BUILDING MATERIAL
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CUSTOMER
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TRANSACTION PAGE INVOICE NO.
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CUSTOMER P.O. NO. SHIP VIA DATE SHIPPED !ERR. EMP. ID PAYMENT TYPE ORG. INVOICE NO. RSN MRS. NO. CR APP.
PRODUCT CODE SIZE TINT DESCRIPTION ORDERED 1 SHIPPED UNIT PRICE PRICE EXTENSION
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TOTAL
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AUTHORIZED APPROVAL
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EMERGENCY CONTACT 1 800 424 -9300 D.O.T. CERTIFICATION: THIS IS TO CERTIFY THAT THE HERE IN NAMED MATERIALS
ARE PROPERLY CLASSIFIED, DESCRIBED, PACKAGED, MARKED AND LABELED, AND
HAZARDOUS ::MATERIAL SHIPPING PAPER
1 ARE IN PROPER CONDITION FOR TRANSPORTATION ACCORDING TO THE APPLICABLE
1 ^DR 2 GAL'CANS 5 GAL. D.O.T. HAZARDOUS REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION.
IN FIBRE BOXES DRUMS, MATERIAL PROPER WEIGHT
NO. PCS. NO. PCS. SHIPPER NAME THE ICI PAINTS COMPANY- SHIPPER PER
UN 1263, PAINT, 3;PG it
TINT BASES MAY BE SHORT FILLED TO ALLOW ADDITION OF COLORANT.
UN 1263, PAINT 3 ':PG III THIS MATERIAL IS SOLD SUBJECT TO THE TERMS AND C NDITIONS CONTAINED
ON THE REVERSE E.
FORM 3540 PRINTED IN U.S.A. 4/07
TOTAL x
C Sf�pffR SIGNATURE
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renmS AND CONDITIONS
T sale m any products desc mr referred m herein
any statement or intent to purchase any such products or any direct to proceed with such purchase shall constitute assent to said terms and conditions.
Any additional m,different terms v, conditions set forth m any such communication from the Buyer are hereby objected mur/o Paints ;aexmj and shall not
be effective or binding unless assented to in writing by an authorized representative of Seller.
TERMS
Unless otherwise provided, net 30 days, F.O.B. manufacturing point, freight collect.
TITLE AND RISK OF LOSS
Title and risk of loss shall pass from Seller to Buyer at the time the products are placed on board at the point of manufacture.
No goods may be returned for any reason without Seller's written no,mmmvo. It returned for reasons other than Seller's error in mnnn our=rm order, the
Buv*moreo°iv*w"muumme amount m the billed price of the goods returned less un no and 1emnnall
other items, xreturned in days invoice date. Amount wcredit given for materials returned after 90 days (30 days for
weucow°rinom) im subject to negotlation. Goods returned to SefleT-are to be shipped b the Buyer F.O.B. Seiler's designated warehouse.
FAIR LABOR STANDARDS ACT
Seller warrants that all goods furnished hereunder have been nmuvoao in compliance m* all applicable laws and pqu/atioom including the applicable
requirements orthe m/, Labor Standards Act, as amended, and of ,vov/aunnm and orders mthe U.S. Department of Labor issued xnmunuv,. Seiler also is in
compliance with applicable requirements of Executive Order 11141 and 11246, as well as the Rehabilitation Act of 1973, as amended.
FORCE MAJEURE
Seller shall not be liable for delays in delivery or performance or for failure to manufacture, deliver or perform due to a cause beyond its reasonable control
or an act of God, act of Buyer. act of civil or military authority. strike or other labor disturbance, delay in transportation or car shortage, inability of Seller to
oumm necessary materials (including energy soume) mu services facilities. ooa,mmm au °xrvteo aom/ be nommamu from this contract
without liability, but this contract shall otherwise remain unaffected Seller may during any period o, shortage due to any m the above causes. allocate its
supply nfraw materials among its various uses therefor (e.y, manufacturing and oo/eo) in such manner ua Seller deems practicable and allocate its supply
of such goods among such various users thereof in an manner which Seller deems fair and reasonable.
LIMITED WARRANTY
Subject to the 'umnmovo of actions" and the ^omxawvn of liability" nem/vnm ue`mm the Seller warrants that the ouudn yvm hereunder will conform to its
standard specifications. osusnmAKsswonsrneeswrmnomonmwnexwrvorxwvonwERmmo.expnsoaon/MPuso.vvn*nsepEurroTnE
GOODS WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER.
LIMITATION OF ACTIONS
In aoonmanvo with the onxv,m commn,c/°/ cuuo, the aonxoau/a mmmtn of Limitations is muuoeu from +ov, vnm,o to one (1) year. Buyer must
commence any action arising out of this contract of sale within one (1) year after tender of delivery is made.
LIMITATION OF LIABILITY
SELLER SHALL NOT BE RESPONSIBLE, OBLIGATED OR LIABLE FOR ANY APPLICATION OR USE OF OR TO WHICH PRODUCTS DELIVERED HEREUNDER
MAY BE PUT EITHER SINGLY OR IN COMBINATION WITH OTHER PRODUCTS OR INGREDIENTS. meemmm
FURTH IT IS EXPRESSLY UNDERSTOOD AND AGREE
LOSSES AND DAMAGES TO BUYER RESULTING FROM Ad�� OAS NEGLIGENCE, ALLEGED DAMAGED OR
DEFECTIVE GOODS IRRESPECTIVE OF WHETHER SUCH DE IN NO EVENT EXCEED THE PURCHASE
PRICE OF THE PARTICULAR PRODUCTS WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMEDOR, AT THE ELECTION OF THE SELLER, THE
REPAIR OR REPLACEMENT OF DEFECTIVE OR DAMAGED OF A CLAIM OF NEGLIGENCE, SHALL
SELLER BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. D A
No urrderstanding promise or representation and oo waiver,"IRWWPA -6reof shall be binding on the Seller unless
approved in writing by an authorized representative of the Seller.
Any controversy or claim arising out of or relating to this corffr0 each thereo she e settlk ar itration in accordance with the Commercial
Arbitration Rules of the American Arbitration Association, 4- ,,Ct ator(s) may be entered in any Court having
jurisdiction thereof.
,CUSTOMER
Paints COPY
TRANSACTION PAGE INVOICE NO.
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STORE NO MER O. DATEI ICED
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;USTOMER.P.O. NO SHIP—VIA v DATE SHIPPED; TERR. EMP. ID PAYMENT TYPE, ORG. INVOICE NO. RSN MRS. NO. CR APP.
PRODUCT CODE SIZE TINT i sDESCRIPTION t, i ORDERED SHIPPED UNIT PRICE PRICE EXTENSION
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SUB TOTAL
TOTAL
B/L NO.: SHIPPED:
AUTHORIZED APPROVAL
INVOICE TOTAL
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APR 0 6 1009
BY:
EMERGENCY CONTACT 1 800 424 -9300 D.O.T. CERTIFICATION: THIS IS TO CERTIFY THAT THE HERE IN NAMED MATERIALS
HAZARDOUS;MATERIAL SHIPPING PAPER ARE PROPERLY CLASSIFIED, DESCRIBED, PACKAGED, MARKED AND LABELED, AND
ARE IN PROPER CONDITION FOR TRANSPORTATION ACCORDING TO THE APPLICABLE
I OR 2 GAL•=GAN3 5 GAL. ss: D.O. HAZARDOUS REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION.
IN FIBRE BOXES DRUMS MATERIAL PROPER WEIGHT
NO..PGS.. NO'..PCS SHIPPER NAME THE ICI PAINTS COMPANY- SHIPPER PER
UN 1263, PAINT, 3; PG II
TINT BASES MAY BE SHORT FILLED TO ALLOW ADDITION OF COLORANT.
UN 1263, PAINT I PG III THIS MATERIAL IS SOLD SUBJECT TO THE TERMS AND CONDITIONS CONTAINED
ON THE REVERSE SIDE.
FORM 3540 PRINTED IN U.S.A. 4/07 L TOTAL# X
CUSTOMER SIGNATURE
Paints
TERMS AND CONDITIONS
The sale m any products described or referred m herein o expressly conditioned upon the terms and conditions set forth below. Any xm m
any statement or intent to purchase any such products or any direction to proceed with such purchase shall constitute assent to said terms and conditions.
Any additional u,different terms u, conditions set forth m any such communication from the Buyer are hereby objected to by ICI Paints (Seller) and shall not
be effective or binding unless assented to in writing by an authorized representative of Seller.
TERMS
Unless otherwise provided, net 30 days, F.O.B. manufacturing point, freight collect.
TITLE AND RISK OF LOSS
Title and risk of loss shall pass from Seller to Buyer at the time the products are placed on board at the point of manufacture.
RETURNED qOOD!j
No cs may be returned m /m mSeller's ntte i u returned oo other than Seller's error in filling Buyer's
Buyer will receive a credit in the amount of the billed price of the goods returned less a handling charge not to exceed 25% on wallcovering and 15% on all
other items, if returned in 90 days (30 days for wallcoverings) of the Invoice date. Amount of credit given for materials returned after 90 days (30 days for
wallcoverings) is subject to negotiation, Goods returned to Seller are to be shipped by the Buyer F.O.B. Seller's designated warehouse.
FAIR LABOR,.5TANDARDS ACT
Seller warrants that all goods furnished hereunder have been n,*uuoru in compliance with all applicable laws and ,eoulmuons, including the applicable
requirements of the Fair Labor Standards Act, as amended, and of regulations and orders of the U.S. Department of Labor issued hereunder. Seller also is in
compliance with applicable requirements o, Executive Order 111wand 11c*o.ao well an the Rehabilitation Act m1yro.uoamended.
FORCE MAJEURE
Seller shall not be liable for delays in delivery or performance or for failure to manufacture, deliver or perform due to a cause beyond n,,*ywmnomroomm/
v,on act vf God, act v/ Buyer. act of civil or military authority, strike or other labor disturbance, delay in transportation or car shortage, inability of Seller to
obtain necessary mmenu/o ynr/uu/uy energy source), components, services mfacilities. ovuonuey so ,nvxteu oman be eliminated from this contract
without liabilit but this contract shall otherwise remain unaffected. Seller may, during any period of shortage due to any of the above causes, allocate its
supply of raw materials among its various uses therefor (e.g., manufacturing and sales) in such manner as Seller deems practicable and allocate its supply
of such goods among such various users thereof in any manner which Seller deems fair and reasonable.
LIMITED WARRANT Y
Subject mthe 'nmxaovn of actions" and the ^//mxeovn of /mmmy" sections ue/mm. the Smnv, warrants that the onpdm sold hereunder will *o"m,m to its
standard specifications. osucnmxaEowonepnsoswrmnomonmmneAwrvnpAwvor*snx/wo.emPoea000/Mpuso.vvn*nEmpsurror*s
GOODS WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER.
LIMITATION OF ACTIONS
In occv,uo^ce wwx the umm^n Commercial Code, the annxoumu Statute of um/muuns is ,euuxwu from mu, (4) years to one (1) rear. Buyer must
commence any action arising out of this contract of sale within one (1) year after tender of delivery is made,
LIMITATION
SELLER SHALL NOT BE RESPONSIBLE, OBLIGATED OR LIABLE FOR ANY APPLICATION OR USE OF OR TO WHICH PRODUCTS DELIVERED HEREUNDER
MAY BE PUT EITHER SINGLY OR IN COMBINATION WITH OTHER PRODUCTS OR INGREDIENTS.
Funr*sn. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT auvse'n sxoLuems REMEDY AND osusn'a SOLE uAB/ury FOR ANY AND ALL
LOSSES AND DAMAGES TO auvse nsaucr/wo FROM ANY CAUSE WHATSOEVER /moLuo/ma sEusnS NEGLIGENCE, ALLEGED DAMAGED on
DEFECTIVE GOODS IRRESPECTIVE orWHETHER SUCH DEFECTS ARE DISCOVERABLE OR LATENT SHALL /m wo EVENT EXCEED THE PURCHASE
PRICE OF THE PARTICULAR PRODUCT$-WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED OR, AT THE ELECTION OF THE SELLER, THE
REPAIR OR REPLACEMENT OF DEFECTIVE OR DAMAGED PRODUCTS. IN NO EVENT, INCLUDING IN THE CASE OF A CLAIM OF NEGLIGENCE, SHALL
SELLER ac LIABLE FOR INCIDENTAL oo CONSEQUENTIAL DAMAGES.
No understanding, promise or representation and no waiver, alteration or modification of any of the provisions hereof shall be binding on the Seller unless
approved mwriting b»an authorized representative m the Seller.
Any controversy or claim arising out of or relating to this contract or the breach thereof shall be settled by arbitration m accordance with the Commercial
Arbitration Rules of the American Arbitration Association, and judgement upon the award rendered by the Arbitrator(s) may be entered in any Court having
jurisdiction merevf`..
l ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
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.
00350878 ICI Paints Terms
21033 Network Place
Chicago, IL 60673 -1210
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) PO Amount
3/31/09 193118 Painting supplies 20588 F 2,128.82
Total 2,128.82
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.
00350878 ICI Paints Allowed 20
21033 Network Place
f° Chicago, IL 60673 -1210
In Sum of
2,128.82
ON ACCOUNT OF APPROPRIATION FOR
101 -General Fund
PO# or INVOICE NO. ACCT #/TITLE AMOUNT Board Members
Dept
1125 193118 4235000 2,128.82 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
9 -Apr 2009
Signature
2,128.82 Accounts Payable Coordinator
Cost distribution ledger classification if Title
claim paid motor vehicle highway fund