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Home My WebLink About173862 06/24/2009 CITY OF CARMEL, INDIANA VENDOR: 359475 Page 1 of 1 ONE CIVIC SQUARE HELENA CHEMICAL CO CARMEL, INDIANA 46032 98324 COLLECTION CENTER DR CHECK AMOUNT: $1,760.00 CHICAGO IL 60693 -0983 CHECK NUMBER: 173862 CHECK DATE: 6/2412009 DEPA RTMENT ACCO PO NUMB INV OICE NUMBER AMOUNT DESCRIPT 1207 4238900 73651792 1,760.00 OTHER MAINT SUPPLIES ;enter (IN)) Helena Chemical Co. 3073S in St H ELENA Invoice 73651792 Liberty Center IN 46766 260- 694 6926 invoice Date° 06/17/2009 ,,Bill To: CITY OF CARMEL BROOKSHIRE GOLF COURSE Due Date 3 07/15/2009 12120 BROOKSHIRE PWY CARMEL, IN 46033 Customer iD 3576723 I Salesperson 1 17090 Sh °ipping Loc. 1 Ship To 12120 BROOKSHIRE PWY' CARMEL, IN 46033 .Ticket(s) 73641347 j 3 7p Conments':`'UPSed from Columbus, OH.- Ctuanttty Descrtptior%� Uni# Price Total 2.000 HGL Acelepryn (4x.5 Gal)(Hgl) 880.00 /HGL 1,760.00 i Sub:Tntal `3 7G( Amount Due 1,760.00 NOTE: By acceptance of the products or services reflected on this invoice, the purchaser agrees to be bound by 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 73651792 CITY OF CARMEL BROOKSHIPE GOLF COURSE TERMS AND CONDITIONS {)F SALE LIMITED WARRANTY AND LIMITAT OF LIABILITY AND REMEDIES uMir LID WARRANTY AND LIMITATION np LIABILITY AND REMEDIES It is understood and agreed that the following Conditions of Sale arid Lirnitalion of Warranty, Liability, and Remedies apply to PLArChases made by the purchaser, A. PRODUCTS or OTHER MANUFACTURERS SOLD ev HELENA OTHER THAN SEED Helena makes nnwarranty regarding products of other manufacturers sold by Helena and to the extent, if any. any warranty of the manufacturer inures by its te,msm the benefit or the purchaser, the p� agrees m the mvnma�unaraome sole and oxm uoi,*n,roue. e. HELENA BRAND PRODUCTS 0THERTHAN SEED Thpmre:000x for use nf Helena brand products are believed mbem|inme and should bemooweucarefully, However, uisimnuasimem eliminate all risks inherentlyassociated with the use of the product-,. Crop InjUry, ineffectiveness or other Jninwnded consequences may result because Of such facton." as wea'her conditions, presence of other- materials or the manner of use or application, all of wt0ch are beyond the control of Helena or the seller. It is agreed that all such risks shall bn assumed by the purchaser and user. Helena warrants that Helena brand products conform to the chemical clescription on the label subject to the inherent risks referred voabove. C,S�ED The on|vwarranty m Helena regarding seed /s that the seed conforms *om* label description or) the date of the test shown on the label. o. LIMITATIONS op WARRANTY, LIABILITY AND REMEDIES HELENA MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED. CONCERNING THE ABOVE GOODS OR THE PROVIDING OF SERVICES, EXCEPT THE EXPRESS WARRANTIES ssTFORTH ABOVE, AND HEREBY DISCLAIMS T0 THE FULLEST EXTENT PERMITTED BYAPPLICABLE LAW ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS OF THE GOODS OR SERVICES FOR ANY PARTICULAR PURPOSE OR WARRANTY AGAINST INFRINGEMENT, AND NO SUCH WARRANTIES SHALL BE IMPLIED BY LAW OR OTHERWISE. r*sExC1.UBvsREIvIEDY AGAINST HELENA FOR ANY CAUSE 0F ACTION RELATING TO ANY RECOMmEwoAT|ON,SALE. HANDLING, USE Dn PER�O��ANCEO�THEAB�VEGO�D8DRTHEPROV|D|MG0FSERV|CES|SACLA|��OR�A�A�ESAN�|wNnEVENTSH��L DAMAGES On ANY OTHER RECOVERY OF ANY KIND AGAINST HELENA EXCEED THE PRICE FOR THE SPECIFIC GOODS OR SERVICES WHICH CAUSE THE ALLEDGED LOSS, DAMAGE, INJURY, OR OTHER CLAIM. HELENA SHALL NOT BE LIABLE AND ANY AND ALL CLAIMS AGAINST HELENA ARE WAIVED, FOR SPECIAL, INDIRECT, INCIDENTAL, Vn CONSEQUENTIAL DAMAGES OR EXPENSES, or ANY NATURE, INCLUDING BUT NOT LIMITED TO. LOSS OF PROFITS OR INCOMES, AND CROP OR PROPERTY LOSS OR DAMAGE, \NHETHER OR NOT BASED ON HELENA'S NEGLIGENCE, BREACH oR WARRANTY, STRICT LIABILITY |w TORT on ANY OTHER CAUSE opACTION. NO LIABILITY HEREUNDER SHALL BE ASSERTED UNLESS ANY LOSS, DAMAGE, INJURY OR OTHER CLAIM IS REPORTED TO HELENA IN WRITING WITHIN THIRTY (30) DAYS AFTER DISCOVERY, AND THE FAILURE TO GIVE NOTICE TO HELENA OF ANY CLAIM WITHIN SUCH PERIOD SHALL ComanTuTsAm ABSOLUTE UNCONDITIONAL WAIVER OR SUCH CLAIM. OwwuoE AND USE aY THIRD PARTIES Purc agrees that all products and services are purchased for purchaser's own use. To the extent. if any, purchaser's use of such prodWrS andservices is for or involves Others, purchaser agrees that Helena Condition of Sale Limited Warranty and Limitation of Liability and Remedies also apply to Such third parties, and purchaser will hold harmless and Indemnify Helena for any loss in excess thereof. COSTS OFCOLLECTION m the event purchaser fails m make payment for the goodsand services, theaccount may be considered by Helena. at its option to be in default and Helena mayelect to declare any arnounts outstancing due arid payable, arid the purchaser shall be responsible for the payment ofall costs ofcollection 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 i mgreed that any controversy, claim. action or dispute arising out ofor the goods an�hrssmioeopnmidodhereunder.nr�emoommendadon. sale, handling, u;aurp*nbnnanneof goods o/newoeomu�»emsn|v*ubyuinmoga/ui��ionagminimo=duv the American Arbitration Association under its Commercial Arbitration Rule (the "RUIes"), before a single arbitrator, who shall determine ail issues of arbitrability and the scope of the proceedings. The Expedited Procedures prescribed by the Rules will apply in all cases, without regard to the arnOUnt in controversy, and any hearing(s) will occur- at a location in Memphis, Tenneusee, selected by the arbitrator, The arbitration will be governed by the United States/lo bitruion Act, eU.S.C.y51'>n. and judgment upon the award o, the arbitrator maybe entered by any Court having jurisdiction of the parties and the subject matter. Substantive issues will be governed by the law ofthe State of Tennessee without regard to choice or law rules. The costs and expenses of the arbitration, including the fees and expenses of the -arbitrator, will be borne by the parties or either of thern as the arbitrator may determine in the award or asunplement thereto, The arbitrator may award any rernedy or rolinf, including u� may nuA award any romeavo, relief matioinconsistent the to,msof the apv/icamcCneu// Sales and Services Agreement orCmuit Sales agreement oraumhonw/,n contained herein. The Arbitrator may apportion reasonable atwmeyo'moo and expenses and witness fees and expenses between the parties or assess such fees and expenses of all the parties against one of them as the arbitrator deems just and equitable upon terms not inconsistent with the terms cx the opp|/uau|e Credit Sales and Services Agreementor Credit Sales Agreement or as otherwise contained herein. Shouldany of the ternis or conditions of this Binding Arbitration paragraph conflict in any manner with the tennon/an applicable Credit Sales arid Services xgre Credit Sales Agreement ao executed between Heenaanupurcxnre/,mete,mawsumuppocameAgrevmcnt,xaxcontm|. AsnesupAYwswTTsRMs For cash purchasers, payment ia due at the, time of or before delivery of theproduct or service. For credit-approved purchasers which have executed the appropriate Credit Sales Agreement or Credit Sales and Services Agreement, full payment for each item of product v, service ix due upon the date n[Helena's first monthly statement reflecting suonpurchase, m the event the purchase price is not paid in full within 30 days from the due date, a time price differential (Finance Charge) will he assessed at the maximum rate allowed by law arid will be due on the unpaid balance from the date of the first monthly statement o:neuono such purchase until payment ia received m full ux Helena and cmuimuto cuStomar'saccount. SEE REVERSE SIDE FOR ADDITIONAL TERMS AND CONDITIONS oFSALE. Should any term of this paragraph or clause conflict in any manner with the terms of a Credit Sales Agreement or Credit Sales and Set-vices Agreement entered between purchaser and Helena, the terms of such Agreement shall control. In the event that advances are made to purchaser under a promissory note made by purchaser in favor of Helena for the purpose of paying any arnounts owed by purchaser to Helena hereunder, then tothe extent that any such promissory note is unenforceable andior LIF)C011eCtible, in whole or in part, by Helena or its assignee(s) for any reason, the obligations of purchaser to Helena hereunder that would have been satisfied using any advances under such promissory note, shall not be vitiated or merged into or extinguished by such promissory note, and instead shall be enforceable anti collectible in full pursuant to the terms hereof. Prescribede 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 he-1 e_Q\cz_ (ike (`cat cc- Purchase Order No. j I Terms 600 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) to l d 0� '731, 1 297 7(.0,00 Total 1 26 p 0 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. WAJRANT NO. ALLOWED 20 T e\ -p- C` e rn; C-C2 Co C�N e 0 IN SUM OF C� IL co Do ON ACCOUNT OF APPROPRIATION FOR a o eN R-"\ f4-- �,�Ea i:flv C i �b Board Members Po# or INVOICE NO. ACCT #!TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or -D 7 3 &S) 7 1D, 3 L)0 60 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 ign ur�e�� Title Cost distribution ledger classification if claim paid motor vehicle highway fund