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173536 06/10/2009 *f CITY OF CARMEL, INDIANA VENDOR: 360665 Page 1 of 1 ONE CIVIC SQUARE SEW EURODRIVE CHECK AMOUNT: $121.69 CARMEL, INDIANA 46032 PO BOX 75701 CHARLOTTE NC 28275 -0701 CHECK NUMBER: 173536 CHECK DATE: 6/10/2009 DEPAR TMENT ACCOUNT PO NUMBE I NVOICE NUMBER AMOUNT DESCRIPTION 651 5023990 299633 121.69 OTHER EXPENSES earm4w arive Electronics 1 Drive Automation_ T E L 937 335 -0036 F A X 937- 440 -3799 INVOICE NO. 299633 REMIT TO: P.O. BOX 75701 INVOICE DATE: 5/27/09 CHARLOTTE, NC 28275 -0701 SOLD TO: SHIP TO: CITY OF CARMEL CARMEL WWTP WATER WASTEWATER UTILITIES 9609 HAZEL DELL PARKWAY 760 3RD AVE SW INDIANAPOLIS IN 46280 CARMEL IN 46032 OUST.## 04410050 S.O.## 85813344 P.O.# S11722 -ORDER DATE: 5/27/09 REQ.DATE: 6/07/09 TERMS DUE 6/26/09 PROD. CODE: 3231 SHIP DATE: 5/27/09 TAG SALESMAN: 3600 SHIP VIA: UPS 124922030346631912 PREPAID UNIT BACK SHIP EXTEND QTY PARTS DESCRIPTION PRICE ORDER QTY AMOUNT 6 00104671 M12X1.5 BPLUG RSKF70 -80 13 1.44 0 6 8.64 8 00114308 M12X1.5 -ST -PHR PLUG A2L RS 1.44 0 8 11.52 8 00104.663. M10X1 P/R BREATHER 013 9.39 0 8 75.12 6 0011426X M10X1 -ST -PHR PLUG A2L RSKF 1.44 0 6 8.64 6 00114316 M22X1.5 -ST -PHR C /PLUG RSKF 2.17 0 6 13.02 ORDER COMMENTS ITEM AMOUNT: 116.94 FREIGHT OUT 4.75 TOTAL AMOUNT DUE: 121.69 PAGE: I OF 1 I N V O I C E This Invoice Subject To Terms And Conditions Of Sale. See Reverse Side. Form AF030ACS7101105 ate SEW-C URODG3IVE, Inc. Terms and CondNons of 36 GENERAL as the maker thereof gives Eurodrive and Eurodrive is able to enforce, but such All orders for products and drawings furnished in connection therewith (herein- items are not warranted by Eurodrive in any way. Use of products above rated ca- after collectively called "products manufactured or supplied by SEW- pacity, misuse, field alterations of products, damage due to lack of maintenance Eurodrive, Inc. "Eurodrive shall be subject to these terms and conditions of or improper storage, neglect or accident are also excluded from this Limited sale. No modifications or additions hereto will be binding unless agreed to in Warranty, writing by an authorized officer of Eurodrive. This Limited Warranty is effective provided: 2. QUOTATIONS a) The purchaser notifies Eurodrive in writing of the alleged defect immcdi- Price quotations by Eurodrive are subject to change without notice. All products ately after it becomes known to the purchaser; and sold are subject to price in effect at time of shipment. b) no alterations, repairs, or services have been performed by the purchaser or third parties on the products without written approval of an authorized oft 3. 'TAXE cer of Eurodrive. Prices do not include Sales, Use, Excise, or other taxes payable to any govern- Eurodrive's obligation under this Limited Warranty is limited to the repair or re- od factory mental authority in respect of the sale of Eurodrive's products. The purchaser placement FOB Eur is or any part or parts found to be detective Li e- in shall pay the amount of any such taxes or shall reimburse Eurodrive for the material or workmanship, B Eur amount thereof that Eurodrive may be required to pay. Eurodrive shall, in no event, be liable to the user /purchaser under this Limited PAYMENTS Warranty, or otherwise, for claims, expenditures or losses arising from opera Unless otherwise provided, terms of payment are 30 days net from date of in- tional delays or work stoppages or damages to property or people caused by de- voice for purchasers whose credit is approved. Eurodrive reserves the right to fective products or for consequential or indirect damage of any nature charge interest on any balance outstanding at 2clo per month (or fraction thereof) whatsoever. or as Eurodrive shall determine, up to the maximum rate allowed by law, from the EXPRESS [hTE date payment is due to the date payment is actually received. Pro rata payments THIS Ili IMPLIED WTF AD WARRANTY IS 11N WARRANTIES INC LIIIF;>(J 1AFU OF AII,L G� I ]EIER EX ANY dVAt3118 ;N' SS shall become uc as shipments are made. shipments are delayed is or at the re- MERCHANTABILITY OR (FITNESS FOR ANY PARTICULAR PUIR- quest of the purchaser, payment shall become is me due when Eurodrive prepared to ®SE make ehiprnent. If the cost to Eurodrive of products is increased by reason of de- lays caused by the purchaser, such additional cost incurred by Eurodrive shall be 12 ASSIGNMENT by the purchaser. Eurodrive may, if it deems itself insecure by reason of the financial condition of purchaser or otherwise, require full or partial payment in No contract to purchase goods from Eurodrive may be assigned by the purchaser advance and as a condition to the continuance of production or shipment on the without prior agreement in writing by an authorized officer of Eurodrive. terms specified herein. I3 SE CvliBJ[TY 1[N'II'IF'R ES t7 S ACCEPTANCE Unless and until the products are fully paid for. Eurodrive reserves a security in- No order or other offer shall be binding upon Eurodrive until accepted in writing tcrest in them to secure the unpaid balance of the price and all other oblieatioas of by an authorized officer of Eurodrive, the purchaser to Eurodrive however arising. The purchaser herchy L rmlt Eurodrive a power of attorney to execute and file on behaif of purchaser all no,: G CHANGES essary financing statements and other similar dOeLmlent', required it) protect the Eurodrive will not accept changes in specification unless such changes are re- security interest granted herein. quested in writing and agreed to in writing by an authorized officer of Eurodrive I� l[DPa1V1[AGIES LIMITATION and the purchaser agrees to pay, if necessary, in addition to the original purchase price a sum so set by Lurodrive. In the event of breach of this agreement by Eurodrive, the ri,-tits of the ourcha:,er are limited to the amount therefore paid to Eurodrive for the goods. Tl!F Pt R- 7. CANCELLATION CHASER SHALL HAVE NO RIGHT TO CONSEQUENTIAL OR INIIIVT Any order when placed with and accepted by Eurodrive is not subject to cancel- DAMAGES, WHETHER FOR INJURIES TO PERSONS. PROPER Il OR lation unless agreed to in writing by an authorized officer of Eurodrive. Cancel- OTHERWISE. lations are subject to reasonable charges based upon expenses already incurred and I5. DE FAULT made by Eurodrive. If the purchaser defaults in performing any of its obligations to Eurodrive under S DELIVERY this agreement, or any other agreements. Eurodrive may, at its option and without Any indicated dates of delivery are approximate only, but Eurodrive will attempt incumng any liability thereby, elect to terminate this agreement or to terminate to meet them where possible. Eurodrive shall not be liable for delays in manufac- any or all other agreements with the purchaser or to terminate this agreement to- turing or delivery or failure to manufacture or deliver due to any event in the na- gether with any or all such other agreements. Furthermore, Eurodrive shall have ture of force majeure or any cause beyond Eurodrive's reasonable control, a right to all damages sustained, including loss of profits. Eurodrive will not be bound by any penalty clause contained in any specification 1�. INSOLVENCY or order submitted by the purchaser unless such clause is agreed to in writing by -an authorized officer of Eurodrive. Delivery of products shall be made FOB If the purchaser shall be insolvent or cease doing business or be the subject of any Eurodrivc s factor: nnlrss otherwise agreed to in writing by authorized officer of proceedings under any bankruptcy, instil cot, s, icw 11111:11it'll Eur.odr ivc statute or law, such act shall at the option ref Lurodnv,. b, ,:crr,ic,! a u( i,Iult Ithd r this agreement, and Eurodrive may elect to cease pi rhrr,ning and cane: l III 9 PATENTS agreement with respect to any products not delivered or received prior to the cicc- Eurodrive shall indemnify and hold harmless the purchaser against all claims or Lion. All of the foregoing shall be without prejudice to recovery by Eurodrive of actions that are instituted against the purchaser on the grounds that the purchaser damages for work performed and for loss of profits and material and products de- bits infringed the patent rights of others by using, reselling, or promodng the sale livered. or resale of Eurodrive's products, provided that Eurodrive shal not be obligated 17 MISCELLAN hereunder if: The provisions of this agreement shall be governed and construed in accordance a) The purchaser fails to give Eurodrive prompt notice of any such claim or with the laws of the State of South Carolina. These terms and conditions set forth actions, or the entire understanding and agreement of the parties hereto in respect to the Bub- b) Such claims or actions against the purchaser are based wholly or in part on ject matter hereof, and all prior undertakings between the parties hereto, together the existence or operation of any complete installation or apparatus incor- with all representations and obligations of such parties in respect to such subject porating Eurodrive's products as components and which is designed or matter, shall be superseded by and merged into this agreement. No provisions manufactured by the purchaser or its customers. hereof shall be waived, changed, terminated, modified, discharged or rescinded, 10. REGULATORY LAWS OR STANDARDS such or otherwise, except by a writing signed by the party to be charged by any such waiver, change, termination, modification, discharge, or rescission. No Eurodrive makes no representation that its products conform to state or local waiver of any breach of any provision of this agreement shall constitute an laws, ordinances, regulations, codes or standards except as may be otherwise amendment or modification of this agreeement, or any provision thereof. If any agreed to in writing by an authorized officer of Eurodrive. provision of this agreement shall be held to be unenforceable or inapplicable in 11. LIMITED WARRANTY provision way or respect, such holding shall riot affect the enforceability of any other provision of this agreement under any other circumstances. The provisions of Eurodrive warrants all its products against defects in material and workmanship this agreement shall bind and inure to the benefits of the parties hereto and their for a period of one (1) year from the date the product is placed in service to a respective heirs, executors, administrators, successors, and (subject to any re- maximum of eighteen (18) months from date of shipment. Parts subject to re- strictions on assignment hereinabove set forth) assigns. In the event unspecified placement clue to operational wear and tear, viz. Varigear belts and Varimot trac- redress or commitments develop not covered above, terms of the Uniform Com- tion elements, are not covered by this Limited Warranty. Notwithstanding the mercial Code under the laws of South Carolina will be construed as being effec- foregoing, any equipment or components of the products not of Eurodrive's own tive as they may pertain. manufacture and/or specified by the purchaser is sold under only such warranty r,T� Prescribed by State 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 of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee 360665 SEW EURODRIVE Purchase Order No. PO Box 75701 Terms Charlotte, NC 28275 -0701 Due Date 6/2/2009 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 1 6/2/2009 299633 $121.69 hereby certify that the attached invoice(s), or bill(s) is (are) true and orrect and I have audited same in accordance with IC 5- 11- 10 -1.6 G /Y C_--( Date Officer VOIsOHER 095754 WARRANT ALLOWED 360665 IN SUM OF SEW EURODRIVE PO Box 75701 Charlotte, NC 28275 -0701 Carmel Wastewater Utility ON ACCOUNT OF APPROPRIATION FOR Board members C3 INV ACCT AMOUNT Audit Trail Code 299633 01- 7202 -06 $121.69 �1 Voucher Total $121.69 Cost distribution ledger classification if claim paid under vehicle highway fund