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Home My WebLink About173909 06/24/2009 CITY OF CARMEL, INDIANA VENDOR: 362923 Page 1 of 1 ONE CIVIC SQUARE LASER SHOT INC CARMEL, INDIANA 46032 4214 BLUEBONNET DRIVE CHECK AMOUNT: $1,35D.00 STAFFORD TX 77477 CHECK NUMBER: 173909 CHECK DATE: 6/24/2009 DEP ARTMENT ACCOUNT PO NUM I NVOICE NU AMOUNT DESCRIPTION 852 5023990 21000 13883 1,360.00 SOFTWARE Lf4SE i- R Laser Shot, Inc. Invoice 4214 Bluebonnet Dr. Phone 281 240 -1122 Invoice 0013883 Stafford TX 77477 Fax 281 240 -8210 E -Mail customer Carmel PD -IN Date 6/5/2009 Order 0010354 Bill To Ship To City of Carmel Police Dept City of Carmel Police Dept 3 Civic Square 3 Civic Square Carmel, IN 46032 -2584 Carmel, IN 46032 -2584 Purchase Order Ship Via FOB Reference I Entered By Sales rep Terms 21000 FedEx JJS 6/3/2009 SL Purchase Order Product Quantity I Description Price Disc Amount CD- 1344003 1 Ea Disturbances Vol.1 450.00 Ea 0.00 $450.00 CD- 1344018 1 Ea Traffic Stops Vol. 2 450.00 Ea 0.00 $450.00 CD- 1344010 1 Ea Investigative Scenarios Vol. 1 450.00 Ea 0.00 $450.00 CD- 1344001 1 Ea Assorted Scenarios Vol. 2 450.00 Ea 0.00 $450.00 Freight 1 Ea Freight 10.00 Ea 0.00 $10.00 FED EX TRACKING F/ 81106984-001-1380 Sub -total $1,810.00 Discount $450.00 Total $1,360.00 I Laser Shot, Inc. "Company Terms Conditions Priority of Terms and Conditions: Unless otherwise agreed to in writing by the Company, the following terms and conditions shall govern the purchase and sale of Company's products. Company's failure to object to any term or condition contained in any customer communication shall not be construed as consent to such terms or conditions nor be deemed a waiver of any term or condition set forth herein. Payment: An order is not binding upon Company until it is accepted; Company must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by check, money order, credit card, wire transfer, or some other method prearranged with Company. Payment for a sale based on an approved credit account is due in full within 30 days from the date of the original invoice. Late payments may be subject to late payment penalty of 1.5% of the amount due for each month payment is overdue. Product Availability: Company shall use its best efforts in filling orders submitted by customer in a reasonable and timely fashion. Company shall immediately notify customer of any known or anticipated delays in filling new or previously entered orders and the estimated duration of any delays so that customer may fairly represent this information to existing or potential,customers. Under no circumstances shall Company be responsible to customer or anyone else for its failure to fill accepted orders, or for its delay in filling accepted orders, when such failure or delay is due to strike, accident, labor trouble, acts of nature, freight embargo, war, civil disturbance, vendor problems, or any cause beyond Company's reasonable control. Final Acceptance: Customer must notify Company of shortages or nonconforming products within ten (10) days after receip' of a shipment. Customer's failure to notify Company within this time period shall constitute an irrevocable acceptance of the products and shall waive all of customer's claims regarding the products, except claims for defects governed by the of Company's warranty provision. Return Policy: A Company product ma'y -b' returned within 30 days of shipment for a full refund (excluding transportation charges, insurance or other expenses associated with a return), provided the product is contained in its original packaging and is in condition for resale; after 30 days a 20% restocking tee will apply. No returns will be accepted after 60 days All returns must be accompanied by an RMA. Please contact Company (281- 240 -1122) to request an RMA. Modifications or Cancellation: After acceptance by Company, modifications or cancellations agreed to by Company are subject to charges for cost of labor and material resulting from such change. Customer shall be liable for costs resulting from interruption in production and /or delivery caused by customer. Company Remedies: If customer fails to comply with any terms and conditions set forth herein, Company may: (a) cancel this order without notice to customer; (b) with or without legal process immediately take possession of the products wherever located; (c) refuse to deliver undelivered product to customer; and (d) exercise any other rights and /or remedies available to Company at law or in equity. Any refusal to accept delivery of the products relieves Company from further obligation hereunder. Any rights or remedies exercised by Company shall be without prejudice to the rights of the parties with respect to products sold or delivered to customer prior thereto. Customer hereby waives all claims for damages in connection with any repossession of the products by Company and agrees to pay all expenses incurred by Company in recovering possession and /or locating the products, including reasonable attorney's fees. Warranty: Company warrants its products to be free from defects in materials and workmanship under normal use during the warranty period. The warranty period commences on the day of purchase by the end -user. The warranty period is for one year. During the warranty period, Company will at no charge repair or replace defective parts. The end user's sales receipt or invoice showing the date of purchase of the product is the proof of date of purchase. The warranty extends only to the original customer and is not transferable. This limited warranty does not extend to any Company product that has been damaged or been rendered defective (a) as a result of accident, misuse or other abuse; (b) by the use of parts not manufactured or sold by Company; (c) as a result of floods, hurricanes, fire, earthquakes, power surges, lightning, explosions or other acts of God; (d) by modification of the product; or (e) as a result of servicing by unauthorized personnel. This is a Limited Warranty. The foregoing warranty is expressly in lieu of any other warranties, expressed or implied including without limitation warranties of merchantability or fitness for a particular purpose. To the extent not prohibited by law, all statutory warranties are hereby waived and excluded from this warranty. Company expressly disclaims all warranties not stated in this Limited Warranty. NO RETURNS ON ARCADES OR SHOOT HOUSES. All arcade and Shoot House sales are final and non returnable. Due to the custom nature of these goods, we are unable to offer refunds. Please review these products thoroughly to ensure they will meet your needs prior to purchase. No exceptions will be made. LIMITATION OF LIABILITY: CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OF ANY NATURE AGAINST COMPANY SHALL BE THE RETURN OF THE GOODS UPON WHICH THE CLAIM IS BASED AND EITHER (A) THE REPAYMENT BY COMPANY OF THE PRICE PAID BY CUSTOMER TO COMPANY FOR THE GOODS INVOLVED, OR (B) THE REPAIR OR REPLACEMENT OF THE GOODS BY COMPANY AT ITS EXPENSE, AS ELECTED BY COMPANY. COMPANY SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE. UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. COMPANY SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER; OR FOR MALFUNTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES OR EXEMPLARY DAMAGES, WHETHER OR NOT COMPANY IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES. Governing Law: Any contract arising hereunder for the sale of products shall be deemed to have been entered into in Texas and shall be enforced in accordance with the laws of the State of Texas. Jurisdiction shall be proper in Fort Bend County, State of Texas, if in state court, or the Southern District of Texas, Houston Division, if -in federal court. If the parties agree to alternate dispute- resolution (ADR), such ADR will be held -in Houston, Texas, or the nearby metropolitan communities, and be governed by the rules and procedures of the American Arbitration Association by a single arbitrator to be selected by two separate arbitrators who shall be independent selected by Company and customer respectively. Severability: If any provision contained herein is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of these Terms and Conditions, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable Texas law. Export: "The BUYER must obtain at his own risk and expense any export and /or import license or other official authorization and carry out, where applicable, all customs formalities necessary for the export and /or import of the goods. Laser Shot, Inc. shall under no circumstances be responsible for any failure to fill an order due to:1) failure of buyer to obtain export licenses, 2) export controls or authorizations, or 3) any existing or future laws or acts of Government (including specifically, but not exclusively, any orders, rules, or regulations issued by an official of any such government)" Waiver The failure of either party to require performance by the other party of any provision of these Terms and Conditions shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision contained herein shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing. Entire Agreement: These terms and conditions, together with the Company's invoice respecting the products ordered by the customer, are the complete and exclusive agreement between the Company and the customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Company and customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage. Laser Shot, Inc. reserves the right to modify or supplement these terms and conditions at any time. 4 INDIANA RETAIL TAX EXEMPT PAGE kl y f Carmel CERTIFICATE NO. 003120155 002 0 PURCHASE ORDER NUMBER Police Department FEDERAL EXCISE TAX EXEMPT 21000 35- 60000972 34 r CIVIC SQUARE THIS NUMBER MUST APPEAR ON INVOICES, A/P .N_ CARMEL, INDIANA 46032 -2584 VOUCHER, DELIVERY MEMO, PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE. F06 APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL -1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION May 28 2009 software VENDOR Laser Shot, Inc. SHIP City of Carmel police Department 4214 Bluebonnet Drive TO 3 Civic Squacan Stafford, TIC 77477 Carmel, IN 46032 ATn: Lt, Dwight Frost CONFIRMATION BLANKET CONTRACT PAYMENTTERMS FREIGHT QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Quote #0010354 1 CD 844003 Disturbances Vol 1 450,00 1 CD- B44018 Traffic Stops Vok 2 450.00 I CD- B44010 InvestigffiitueSScenarios 450.00 450.00 1 CD- 844001. Assorted Scenarios shipping 10.00 discount i 450.00 U 411 a n G O Send Invoice To: City .of Carmel Po l ATTN: Teresa Anderso 3 Civic Square Carmel, IN 46032 PLEASE INVOICE IN DUPLICATE 1,360.00 DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT 852 852 police gift fund PAYMENT VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN AFFIDAVIT ATTACHED. SHIPPING INSTRUCTIONS I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN SHIP REPAID. THIS APPROPRIATION SUFFICIENTTO PAY FOR THE ABOVE ORDER. C.O.D. SHIPMENTS CANNOT BE ACCEPTED. f /q ORDERED BY PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABELS. THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99, ACTS 1945 TITLE Chief of P AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. 1. P Q CLERK- TREASURER DOCUMENT CONTROL NO. A•P• .COPY; SI AND RETURN TO CLERIC'S OFFICE VOUCHER-NO.—._ WARRANT NO.—_..__ ALLOWED 20 IN THE SUM OF ON ACCOUNT OF APPROPRIATION FOR e Board Members PO# or INVOICE NO. ACCT /TITLE AMOUNT DEPT. I 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_ 20 Signature Title Cost distribution ledger classification if claim paid motor vehicle highway fund Prescribed by Stale 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 L aser Shot, Inc. Purchase Order No. 21000F 4 214 Bluebonnet Drive Terms S tafford, TX 77477 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 6/5/09 13883 payment for software 1,360.00 Total 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. ALLOWED 20 y Laser Sh6t, Inc. IN SUM OF 4214 Bluebonnet Drive Stafford, TX 77477 1,360.00 ON ACCOUNT OF APPROPRIATION FOR police gift fund Board Members PO# or INVOICE NO. ACCT #!TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or 21000F 13883 852 1 360.00 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 June 16 20 09 J) 4=At Signature Chief of Police Cost distribution ledger classification if Title claim paid motor vehicle highway fund