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Home My WebLink About206213 02/14/2012 CITY OF CARMEL, INDIANA VENDOR: 00350601 Page 1 of 1 ONE CIVIC SQUARE DUNCAN VIDEO INC CHECK AMOUNT: $262.35 CARMEL, INDIANA 46032 702 ADAMS oN CARMEL IN 46032 CHECK NUMBER: 206213 CHECK DATE: 2/14/2012 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1093 4238000 74622 262.35 SMALL TOOLS MINOR E duncan video, inc. x 702 adams strect 02/02/12 Ju cannel, indiana 46032 INVOICE DATE 77286 i telephone 317- 815 -6300 Fax 317- 815 -6310 800- 538 -2800 PAGE 1 CARMEL CLAY PARKS RECREATION CARMEL CLAY PARKS RECREATION o THE MONON CENTER /L WILLIARD H THE MONON CENTER /M. COMPTON L 1235 CENTRAL PARK DRIVE EAST 1 1235 CENTRAL PARK DRIVE EAST D CARMEL, IN 46032 P CARMEL, IN 46032 T T O O CUSTOMER NO. P.O. NO. ORDER NO. SHIP VIA c. TYPE SALESMAN NO. 124tO 30398 CUSTOMER PICK—UP QTY. ORD. QTY. SHP. B O DESCRIPTION PRICE TOTAL AMOUNT 1 1 ULX2 /58 —M1, SHURE HANDHELD XMITTER 253.00 253.00 W/ SM58 MICROPHONE TUNEABLE FREQ RANGE (MHz) (36 MHz) 662 -698 THANK YOU FOR YOUR ORDER! SHIP /HAN 9.35 ALL RETURNS MUST BE ACCOMPANIED BY AN RMA ALL RETURNS ARE SUBJECT TO A 30% RESTOCKING CHARGE FEB 0 3 7012 BY: Purchase Description M l('R[1 EM FOR AWTALS P.O. 30393 P 0CF G.L. I0 93 �F2380 Budget Line Descr Purchaser Date Approval Date 'x i SUBTOTAL 262.35 NET 30 DAYS Please Remit To: Duncan Video, Inc. TAX 0.00 702 Adams Street Carmel, IN 46032 FREIGHT 0.00 INVOICE 77286 262.35 TOTAL rVice charge Of 2 °l0 qeC 1110nth W be 266e6 to Past Due Accounts. Purchaser shall pay costs of collection including attorney tees and court ��a Ce @SLO a11�2CC(�S Onthe levelse side of this document which supersede any other agreement of the parties. �t 'TERMS AND COIYDTrFRONS ARTICLE 1.0 CERTIFICATION: Purchaser cenrl that it will purchase Products only as a bonatide end user, for its own internal use, and except ter used Pronucis. will not resell same. unless otherwise provided In this Agreement. the other notice thereof promptly after it becomes known to that party. If any of these acts or events of force majeure exceed sixty (60) continuous or cum latve days, then either party may, as Its sole remedy, cancel ARTICLE 2.0 PREVAILING TERMS AND CONDITIONS: Except In the event of Duncan Video, Inc. this Agreernenl to the extent not previously fulfilled by giving the other notice. and neither pany will p financing of the Products hereunder, the ter ms and conditions of this Aareentent. and the terms and to the other for damages resulting from that cancellation, cor.allons contained in any Appendices to this Agreemert. together form the entire agreement between the parties. Any terms or conditions contained :n any Company purchase order, request for quotation, ARTICLE 14.0 LIMITED WARRANTY: The warranty cards enclosed with Products state Duncan Video acceptance of other purchasing documents concerning Products which are inconsistent with different from Inc 's limited warranty to Purchaser applicable to those Products if Products are not accompanied by or in addition to the terms and cordmors of this Agreement are void. .warranty cards. Duncan Video, Int.'s then current warranty applicable to those Products wilt apply. Unless a separate service agreement has been entered into between the parties, all repairs to or replacements of ARTICLE 3.0 APPROVAL OF ORDERS: This Agreement and all Company purchase orders for Products Products after the expiration of the applicable warranty period will be Purchaser's responsibdtlb, under this Agreement are subject to acceptance by Duncan Video Inc. including, if appropriate. approval by Duncan Video, Inc's Credit Department. Upon nonce by Duncan Video, Inc., Purchaser will furnish EXCEPT FOR THE FOREGOING WARRANTIES. Duncan Video, Inc. HEREBY DISCLAIMS AND Duncan Video. Inc such financial mformat;on as Duncan Video, Inc. may reasonably request for this EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. INCLUDING, BUT NOT LIMITED TO. approval. Duncan Video, Inc. may..) its sole discretion, cancel this Agreement at any time or delay THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. shipment of Products it Purchaser fads to meet credit requirements established by Duncan Video, Inc. ANY WARRANTY WITH REGARD TO ANY CLAIM OF INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2.312 (3) OF THE UNIFORM COMMERCIAL CODE AND /OR IN ANY OTHER COMPARABLE Purchaser authorizes Duncan Video. Inc. to file financing statements, sinned only by Duncan Video, Inc., STATE STATUTE RESPECTING PRODUCTS IS EXPRESSLY EXCLUDED. DUNCAN VIDEO. INC. which Duncan Video, Inc. deems necessay to estab'ilsh or maintain a security interest in the Equipment HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT PRODUCTS ARE COMPATIBLE listed on this invoice. WITH ANY COMBINATION OF NON DUNCAN VIDEO. INC. PRODUCTS Purchaser MAY CHOOSE TO CONNECT TO PRODUCTS. ARTICLE 4.0 PRODUCTS: Products covered by this Agreement, and the quarriaes thereof, arc only those specifically identified in this Agreement. Products may be added to this Agreement only by the parties' ARTICLE 15.0 LIMITATION OF LIABILITY: THE LIABILITY OF DUNCAN VIDEO. INC., IF ANY. AND agreement in writing. Duncan 'Video, Inc. may i changes to Products that do not adversely affect their Purchaser's SOLE AND EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND form, if or function without the prior approval of or notification to Purchaser. Duncan Video, Inc. will give WHATSOEVER UNDER THIS AGREEMENT, REGARDLESS OF LEGAL THEORY, WILL NOT BE Purchaser prior notice if Duncan Video. Inc makes changes to Products that affect their form, fit or function GREATER THAN THE ACTUAL PURCHASE PRICE OF THOSE PRODUCTS WITH RESPECT TO WHICH or discontmues any Products prior to fulhument hereunder In such event Duncan Video. Inc. will use SUCH CLAIM IS MADE. UNDER NO CIRCUMSTANCES WILL DUNCAN VIDEO, INC. BE LIABLE TO reasonable efforts to hid a substitute oroduct acceptable to Purchaser. in Purchaser's sole irscietion. but. Purchaser FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RELATIVE 11 i0 THIS AGREE':1ENT INCLUDING. BUT NOr LfrMTED TO DAMAGES FOR COP,IPENSAT,ON e I�a r. r REIMBURSEMENT OR LOSS OF PRESENT OR PROSPECTIVE PROFITS. EXPENDITURES res,,iLtiq INVESTMENTS OR COMMITMENTS. WHETHER MADE IN THE ESTABLISHMENT- DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL. COST OF CAPITAL. OP. FOR ANY ARTICLE 5.0 PRICES AND PAYMENT: Purchaser will pay Duncan Video. Inc. those prices indicated in OTHER REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO THE CLAIMS OF ANY THIRD this Agreement for Products. Unless otherwise provided, Duncan Video. Inc. may change prices for any PARTY, This limitation of liability will in no way affect Purchaser's right to seek appropriate relief Products, whose estimated delivery date indicated in this Agreement is more than sixty (60) days after the at law arising from or incident to any death. personal injury or property damage which is in any way date; hereof, by giving Purchaser p -nor notice. It because of any price increase. Purchaser does not wish connected to Duncan Video, Inc.'s negligence, willful misconduct or strict liability in tort with to purchase Products previously ordered. then Purchaser may, as its sole remedy. cancel this Agreement respect to Products and their use. to the extent not previously fulfilled by giving Duncan Video, Inc. notice within ten IT 0) days of that notice. a Unless otherwise provided m this Agreement. Purchaser must pay for Products in full within thirty (30i days ARTICLE 16.0 DEFAULTS: If Purchaser is In default of any of the terms or conditions of this Agreement f at their Invoice date. Purchaser may not make deductions or offsets of any kind from payments due Duncan or any other agreement with Duncan Video, Inc., Duncan Video, lric may suspend further pedevnance Video. Inc. unless Purchaser has received a written credit memorandum from Duncan Video, Inc. under this Agreement authonzrng that deduction or offset ARTICLE 17.0 TRADEMARKS: Purchaser acknowledges the validity of Duncan Video. Inc.'s tradenames ARTICLE 6.0 TRANSPORTATION COSTS: Unless otherwise provided in ih;s Agreement, the prices for and trademarks appeanrg on Products, and Purchaser will have no right to or interest in any traderna•ks Products n.d ;cated in this Agreement exclude all transpor ion costs, including but not limited to. freight. or tradenames owned. used or claimed now or in the future by Duncan Video, Inc. insurance and special handling and packaging, and Duncan Video. Inc will prepay these costs and invoice them to Purchaser ARTICLE 18.0 NOTICES: Any notice given under this Agreement will be deemed to be sufficiently y, e- when sent in writing by certified or registered mail or by facsimile or other rapid form of transmission wne ARTICLE 7.0 TAXES: i he once, `or Products indicated it this Agreement exclude all taxes, including. receipt is acknowledged to file parties at their respective addresses set forth herein or as those aucresses but not limited to sales excise or use taxes. Purchaser shall pay all sales, use, ad valorem, excise andior may be subsequently changed by giving notice. The date of mating or transmission of any notice hereur tC• any other taxes Imposed on either party by virtue of this Agreement, except for taxes based on Duncan will be deemed the date on which that notice has been given. Video. Inc 's net income. Duncan Video Inc. will invoice Purchaser for any of these taxes Duncan Video. Inc. is legaiv obligated to collect from Purchaser. ARTICLE 19.0 EXPORT: Purchaser will not export any Products or related technology or software violation of applicable U.S. laws and regulations. Purchaser will be responsible for obtairnng any rel: ARTICLE 8.0 ADJUSTMENTS: If the prices for Products indicated in this Agreement are prices :which export licenses for Products. have been reduced. either based: (a) on Purchaser's representation that Company would purchase certain minimum quantities of Products and Purchaser fads to purchase those minimums, or, (b) on Purchaser's ARTICLE 20.0 ASSIGNMENT: Purchaser may not assign any of its rights or lasagne, any of its representation that Purchaser was purchasing Products for its own use and not for resale but Purchaser or obligations under this Agreement without Duncan. Video. Inc.'s prior written consent. which consort w. ress is same,. then, in addition to any other remedies available to Duncan Video. Inc. under this Agreement net be. unreasonably delayed or withheld. Any assignment or delegation hereof by Purchase w,:^-•, or allowed by law for that default. Duncan Video, Inc. may retroactively increase those prices to :Hake them Duncan Video. Inc 's consent will be deemed void. equal to those prevailing for the quantities of Products actually purchased by Company andior for the appropriate resale class of trade, and Duncan Video. Inc. will invoice Purchaser for any resulting increase ARTICLE 21.0. WAIVER: Either party's waiver of the other's default in its obligations under any term in prices condition of this Agreement will not in any way limit or affect that party's right to enforce and compel shit compliance with that term or condition at any other time or with any other term or condition. ARTICLE 9.0 FINANCE CHARGE /COSTS OF COLLECTION: It Purchaser fails to pay Duncan Video, Inc. for Products when due, then in addition to any other remedies available to Duncan Video. Inc under ARTICLE 22.0 REMEDIES: Each specific right or remedy accorded either party under this Agreer tf. d^nt'r Purr, -sc' 'N ;.r.; a^`lcfr" in. ?n r, r x i a,ait6. .Y a f.r S "_..t S ^n .i f'te' it _.er of ;a, ,-it 2 0 c: ;b, tno max ;m_rtn 'I or h= r, tart nts past due cha•geahle during ea& ^onih tnat payn e er,ia n, oulsterd�ng and Duncan or-; rc s ,aaserable excerses of cohecmnn. includng. but not l ;mneo to. ARTICLE 23.0 INVALIDITY: It ary term or condition a A�recroe•r s ne n.,aiio attorneys' and expert s r'ees and .;girt costs. by any court, in whole or in part, that hem; or condition will be construed and enforced to the grew: s: e possible and the validity of the remaining terns and conditions will not be affected thereby. ARTICLE 10.0 DELIVERY: Au delivery dates for Products indicated in this Agreement are estimates given for reference only and Duncan Video, Inc. will use reasonable efforts to meet then) Purchaser will ARTICLE 24.0 CHOICE OF LAW: This Agreement will be construed and enforced in accordance not be excused from its obligation to pay for Products when finally delivered or from any of its ether the laws of the State of Indiana. without reference to its conflicts of taw, nnr ^e= 0 11 obligations hereunder. However if Duncan Video. Inc delays delivery of Products by anal, than sixty 601 actions arising from this Agreement shall be Hamilton County. tnd'ar =:a days after the estimated delivery date. then Purchaser may, as its sole remedy. cancel any purchase order for Products to the extent not previousy fulfilled by giving Duncan Video. Inc notice within ten (10i days. ARTICLE 25.0 SOFTWARE: A Lice),,, A;Iri e• it ii e ?')ai factory packagi^• and neither party will be liable to the other for damages resulting front that cancellation Products will state those additional feria; i I it i e, granted to Purchaser bol-car those Products. In all other cases air: zoftw e f, t e .i b Du Video Inc wider I. Aore. ARTICLE 11.0 METHODS AND POINT OF DELIVERY: Unless otherwise providea in this Agreer ^eat done so on a non transferable ice sr i, :o na-,_ •:m v ignt iJe and .mere, ttie ev is are w, Duncan Video, Inc will choose the carte for shipping Products, and all shipments of Products to Purchaser vested exclusively in Duncan Video_ trio of P r :-aser .v I, not decomp will be from F O.B. Duncan Videu irc otherwise derive the source code of any tofu: i i, Duncan •i oeo, Inc nor wdf PorcIM" any copies of such software, except th.,` t'. f r r .lie (1) copy of eacn such software P- ARTICLE 12.0 RISK OF LOSS: R sk of loss of or damages to any Products will pass to Purchaser upon for backup purposes only. Duncan i i i Feu,m or destroy all copies of software upon ces- Dun t get. Ix e, Me:^t to a cornmerciaf carrier. All claims for damage to or loss of Products of related Product usage. All sof ii e.f by Duncan Video, Inc. is to be considered cor'rd mu> be i .ache c7 c i :arner or the Insurance company (as may be the case), information and will be held by Punch,;,. t •.In confidence anti disclosed on a need -to -know oast; these of its employee who ha ic creed in writing to maintain the confidentiality of Purchaser provide ARTICLE 13.0 FORCE 6,JAJEURE ,.'arty will be excused from any default in its obligations under party confidential inlormaton °r Agree, cthi, ti 2 fv. I ;^ey due resulting nom any act or event beyond its rearm r; rr i o esn rn .ry lie. �•erd to, acts of God ccident. fie, flood. storm, r o a °anCe'O ot rr o ARTICLE 26.0 ENTIRE AGREEMENT, A and afiv At? a, h u uemert, government 9 p 7G�lCES ;T- Supersed fn r;rla;' aAU f 01nG 7 n <uri. ry rn��r r y t n Or Curtailment Of elect K ✓ll'll dtiT a�1� G', G) Y4J f n i tf r eat unmm�`pc, parties V7 t� P t i� (fl'U /1 Vi �l�f('� r l I Tr e 9en Which tire Ut u rU /'I r gOf/R8l 5 t C' u I parry net c9 cy on any of ese ur ii,'netY pE/lOrm �r deSChp 1 71i�CF0 PI1JdtY' T Jr a p G 1 i 1 I x $ar 0 (S'? II �h l�f, ..roe (na This A�reE r e, RJ9t 4 sure must +7y 1/) r u 1�f �ac i, r EJaren m4} i'B 1D f V ur' /I l �I if cehe'�; n,r u,JtA i v ii X 1 11 n 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. 00350601 Duncan Video, Inc. Terms 702 Adams Street Carmel, IN 46032 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) PO Amount 212112 77286 Microphone for rentals 30398 262.35 Total 262.35 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. Warrant No. 00350601 Duncan Video, Inc. Allowed 20 702 Adams Street Carmel, IN 46032 In Sum of 262.35 ON ACCOUNT OF APPROPRIATION FOR 109 Monon Center PO# or INVOICE NO. ACCT #/TITLE AMOUNT Board Members Dept 1093 74622 4238000 262.35 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 -Feb 2012 Signature 262.35 Accounts Payable Coordinator Cost distribution ledger classification if Title claim paid motor vehicle highway fund