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Home My WebLink About177236 09/15/2009 CITY OF CARMEL, INDIANA VENDOR: 359475 Page 1 of 1 ONE CIVIC SQUARE HELENA CHEMICAL CO CHECK AMOUNT: $1,575.00 y 1,io CARMEL, INDIANA 46032 98324 COLLECTION CENTER DR «o CHICAGO IL 60693 -0983 CHECK NUMBER: 177236 CHECK DATE: 9/15/2009 DEPARTMENT ACCOUNT PO NUMBE IN VOICE NUMBER AMO D ESCRIP TION 1207 4238900 73652865 1,575.00 OTHER MAINT SUPPLIES (Liberty Center (IN)) Helena Chemical Co 3073 S Main St aL��L Invoice 73652865 Liberty Center IN 46766 260 694 -6926 invoice Date 09/09/2009 `Bill T6 CITY OF CARMEL BROOKSHIPE GOLF COURSE Due'Date -Y 10/15/2009 12120 BROOKSHIRE PWY CARMEL, IN 46033 Customer l) 3576723 I Salesperson 17090 Shipping Loc. 4 1 hip To 12120 BROOKSHIRE PWY CARMEL, IN 46033 Ti"ket(s) 73642204 Quantity Description Unit Price Total a 15.000 GAL T- Methyl E -Pro 4.5F (2x2.5 Gal)(Gal) 105.00 /GAL 1,575.00 I S ub Total _.,,.1, 57_5..00__..... NOTE: By acceptance of the products or services reflected on this invoice, the purchaser agrees to be bound by nArnount Due 1,575.00 all the terms and conditions of sale set forth in this invoice, including those on the reverse side of this invoice. Remit To: Helena Chemical Company 98324 Collection Center Drive Chicago IL 60693 -0983 Recommendation Was Made By or Provided to the Seller. Yes No Invoice 73652865 CITY OF CARMEL BROOKSHIPE GOLF COURSE TERMS AND CONDITIONS OF SALE LIMITED WARRANTY AND LIMITATION OF LIABILITY AND REMEDIES LINIP FF) ��rARRANTY ANr i...IRtITATION OF LIABILITY AND REMEDIES It is understood and agreed that the following Conditions of Sale and Limitation of Warrant Lianility, and Rerraedtes apply to Lu hsases made by the purchaser. A. PRODUCTS OF OTHER MANUFACTURERS SOLO BY HELENA OTHER THAN SEED Helena makes no warranty regarding products of other rn<anufacturers sold by Helena and to ere extent, if any any warranty Of "he rnanrrfactu1_3 r inures by its terms tea the benefit of the purchaser, the N;arcnaser agrees to Zook only td, f °.e manufacturer as, the sole and exclusive recouise B. HELENA BRAND PRODUCTS OTHER THAN SEED The dirtechwis for use of Helena brand products are believed to be reliable and should be followed carefully, I- 7owever, it is impossible to elinrinate Fill risks inherently associated with the use of the products. Crop injury, ineffectiveness or other unintended consequences may result because of suctr fz -icters as =aath Fir conditions, presence of other materials er the marine; a# use Fir application, all of- 3t�ieh are beyond the control of Helen a or the seller. It is agreed that all such risks shall be assumed by the purch,,aser and user, Helena warrants that Helena brand products corafonn to the chemi.c zl description on Inc label subject to the inherent ris'<s referred to above, C. SEED The only warranty of Helena regarding seed is that the seed,, conforms to the label deseriptior on the date of the test shown or, the label. D. LIMITATIONS OF "v'F „�;RANTY. LIABILITY AND REMEDIES HELENA 1 NO `NARRANTY OR iREPRESENTATiON OF ANY KIND, EXPRESS OR IMIFILIED. CONCERNING THE ABOVE GOODS OR THE PROVIDING OF SERVICES, EXCEP "I tl tL EXPRESS WARRAN I`IES St_ i FORTH ABOVE, AND HEREBY DISCLAIMS TO THE FULLEST EXTENT PERMITTED} BY APPLICABLE LAW ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS OF THE GOODS OR SERVICES FOR ANY PARTICULAR PURPOSE OR WARRANTY AGAINST IN FRINGEMENT. AND NO SUCH WARRANTIES SHAL1_ BE IMPLIED BY t._AW OR OTHERWISE. X 'J_LjSIVE RE i i' F_r, Y AGAINST r t !_ENA FOR ANY CAUSE OF AC71ON RELr" T iN TO /\NY Rd,: "Ot r1, 'G aTIt3 W. ,._E '-draNDLi UISE OR C viANC E Or =,E'OVE C O ?S OR THE FROIt'1DING OF S _I' CES IS A C Lt,lt,1 FOR DAMAG(S AND IN NO EVE SHALL r. ;r fir: ANY t_ i I ER RECOVERY Oi= ANY KIND AGAINST HELENA EXCEED THE PRICE FOR THE H SPECIFIC &,"KIDS OR SERI IC ES WHICH CAUSE THE ALL E DGED LOSS, DAMAGE, INJURY, OR OTHER CLAIfti". HELENA SHALL NOT BE LIABLE AND ANYA :ND ALL CLAIMS AGAINST HELENA ARE VI/AIVED, FOR SPECIAL., INDIRECT, iN°CiDENTAL, OR CONSEQUENTIAL DAMAGES OR EXPENSES OF ANY NATURE, INCLUDING BUT NOT LIMITED TOf LOSS OF PROFITS OR INCOMES, AND CROP OR PROPERTY LOSS OR DAk4AG)F, yJIHETHER OR NOT BASED ON HELENA'S NEGLIGENCE, BREACH OR WARRANTY, STRICT LIABILITY IN TORT CSR ANY OTHER CAUSE OF ACTION, NO LlAbs`twITY HEREUNIDER SHALL BE ASSERTED UNLESS ANY LOSS. DAMAGE, INJ UITV OR OTHER CLAIM IS REPORTED TO HELENA IN WRITING `IT r il' ,'Hir Y (X), DAYS AFT ER D;SCC"VERY. AND 11 IL FAILURE: T O ,IVE� NOTICE 10 HELENA OF ANY CLAIM WITHIN SUCH PERIOD SHALL CsONS1 ITUTE AN AB`3Ot UTF UNCONDITIONAL WAIVER OR SUCH CLAIM. OWN AND USES TItIRD PARTIES Puraatirser agrees the' a products and services are purchased for purchaser's own use. To dhe extent, if any, purchaser's use of such products and services is for or involves others owchaser agrees tnat Helena Condition of Sale edies also apply to such third paftic'„ -WC.i purchaser -Al hold harmless and indemnify Helena for any loss in r xc,ess C IS OF COLLECT !C)Irl In th€ ctierrt purchaser to make p? yinent for the goods rind services, the account arty be considered by I leleml_ at ics option to tae r” defauh rand Helena may select to declare any arnounts outstanding due and payable and the purchaser shall be responsible for the payment of all coasts of cotlectiorr incurred by Helena, Including expenses and reasonable attorney's fees In such event, or in the event of any other legal action or other resolution proceeding. BINDING ARBITRATION It is e e,ed that any controversy, claim., aot on or dispute a €ising out of of trig goods and ?or servicels provided hereunder, or the <�s ;amm ^ndation, sale, handling, use or rrnance cf Goods or service,:', r,"ust be resolver? by binding arbitration administered by the Americ<art Arbitration Association under it.S Cr.-mmercial Arbil -ation Rule ttfae k .h. a before a single arblfraior, s h shall determine all issues of r- irbitrability and the scrape of the proceedings. The Exr)edited Procedures prescribed by the Rules will apply in all cases, ,vithout regard to the amount in controversy, and any hearings; will occur at a location in Memphis. Tennessee, selected b the arbitrator. The arbitration will be governed by the United States Arbitration Act, 9 U.S_C. 1 1 g, and judgment upon the award of the arbitrator maybe entered by any court having jurisdiction of the parties and the subject matier. Substantive issues will be gcverned by the ltaw of the State of rentr withorft =ec ;ard to Choice e )r IaVv toles. The costs and expenses of the arbitration, including the fees and expenses of the arbitrator, will be borne by the pnr.!e s or eit her of Ihem as the ar brt, ator may deterrri e ire the award ors supplernent tht The arbitrtrfor may award any rernedy or ri diet, including eClit r ,di.'; -e.ra E, Jie.S; 1 iJ Ill e ar,.,, rate m y af3t t, _"'ar ar. n,-,n.e:,dv Jr re'iel -,'V1 i5 if CrJnziiSt {d Pf Ifih ilie t erms of r le of tic ,b C;Orllii S..Is„S and Services Agree end o Credit Sales ag: eerneut or as otherwise contained herein. fie Arbitrator array apportion reasow.ab'e attorneys fees and expenses"; and ,vimess fees and expensess between the parties or assess such fees Band expense;; of all the parties against one of them as the arbitrator deems just a nd equitable upon tennis riot inconsistent _m the terms of thr, :applicable Credit Sale and Sc ,ices Agrees lens Gr Credit Safes Ag ecrnent or as o the'rhlise contained herein. Shouio any of the terrn or conditions of this Bindinc Arbifriat +ran paragraph ..ofiflict n arty "mitt, the ter of an appiicabir, Credit Sfa;v:, and Services Agreem, -nt or Credi* Sales Agreement Fir: executed net -.can Helena rand pu c?iaser, the ter m l such tappli gab,c Ag:eene;A r:al; control. AGREED PAYMENT Lt: CMS For ca -n puCchasers, pal 'lent is due at the tlrne of or before delivery of t' e product or S r :1..;;. I or credltlapproV :d per ChaserS Which hale eXeCUted the app rop6ate Credit Sale;, Ac,,eentert or Credit Sates and ,Services Agreerriont. full payment for each item of product or service is dup upon the dnie of Helena's firs nl'onil ;Ily sta ern {:rrl milecting SUICh „,rAfr,Iaase, in the ev nt the purchase pierce is not paid,; in full within 30 day- from the due date, a time pri ,r, differential (Finance Charge) will be assessed at the; rnaximum rate ailo> ved by lav crud will be due on the unpaid balance from the date of "the first rnonthiv statement reflecting such purchase until payment is received in full by Helena and credited to custorne:'s %account, SEE REVERSE SIDE FOR ADDITIOLhA TERMS AND CONDITIONS OF SALE, Should any ten"!? of this paragraph or clause conflict in any manner with the terms of a Credit Sales Agreement or Credit Sales and Servic Agreement eni,ered between purchaser and Helena, the terms of such Agreement shall control. in the event that advances are made to purchaser under fa promissory note: made by purchaser in favor of Helena for the purpose of paying eery amounts of +led by purchaser to 1 ieli.tia hereunder, then to the extent that. any such pr rnissory note i; unenforceable andfor uncoiiectiblo, in whole or in part, by Helena or its assignee, {s) foraoy reason, lh?. obligations of purer zzser to Helena herelinder that would have been sah,sfre;d using any advances under such promissory note, shall not be vitiated or rnerged into or extirfguli ;bed by such prrrnissory note. ar.d instead shall be enforceable and collectible in full pursuant to the terms hereof. Rev. ramw Prescribed by State Board of Accounts ACCOUNTS PAYABLE VOUCHER City Farm No. 201 (Rev. 1995) 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 &45y'1 S_ 6Wg Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 9 �v s S'1_a0 Total I Z S -4 2P 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. y /J ALLOWED 20 IN SUM OF ON ACCOUNT OF APPROPRIATION FOR Board Members PO# or INVOICE NO. ACCT #/TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or /ZG 796 524,5 L OC 1'O"i 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 20 �i rn v Cost distribution ledger classification if TI e claim paid motor vehicle highway fund