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Home My WebLink About208657 05/10/2012 CITY OF CARMEL, INDIANA VENDOR: 361104 Page 1 of 1 ONE CIVIC SQUARE CYBEX INTERNATIONAL INC CARMEL, INDIANA 46032 PO BOX 8500 -1401 CHECK AMOUNT: $112.50 PHILADELPHIA PA 19178 -1401 CHECK NUMBER: 208657 CHECK DATE: 5/10/2012 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1096 4237000 829983 112.50 REPAIR PARTS Global Headquarters Remit to: _<WME R 10 Trotter Drive Cybex International, Inc. INVOICE Medway, MA 02053 P.O. Box 8500 -1401 Cybex International, Inc. (508) 533 -4300 Philadelphia, PA 19178 -1401 (508) 533 -5500 fax United States Page: 1 of 1 Sold To: Carmel Clay Parks Recreatioi Ship To: Carmel Clay Parks Recreatior Invoice Information 1411 E. 116th St. 1235 Central Park Dr. E. Invoice Date: Apr 10 2012 Carmel IN 46032 Monon center Invoice: 0000829983 USA Carmel IN 46032 USA Customer No: CYB0037634 Payment Terms: Net 30 Due Date: May -10 -2012 BIII To: Carmel Clay Parks Recreation AMOUNT DUE: 112.50 USD Carrie Keaveney 1411 E. 116th St. Carmel IN 46032 United States Shipment Information Date Shipped: Apr -09 -2012 Sales Order No: SVCO581633 Purchase Order No: MC002764 Pro No: 1Z5638020354954099 Carrier: United Parcel Service Inc. Ship Via: GROUND Freight Terms: Prepaid Line Product No. Description Quantity UOM Unit Amt Tax Net Amount 1 9101 -002 CABLE SA 2.00 EA 52.50 N 105.00 2 OWTPRTFRT Shipping and Handling Charge 1.00 EA 7.50 N 7.50 Subtotal: 112.50 Subtotal (Sales /Use): 0.00 AMOUNT DUE: 112.50 USD Order entered by Martin Stewart. Thank you for your order. Part number provided by customer Purchase 1� Description A /1_ 7�1" i�"'�"_ P.O. W O_P boo p° APR 1 a 2012 G.L. ld9lo •21 /�Z�a Eludget Line Dtscr Purchaser Date BY: Approval elhurtt BUYER ACCEPTS AND AGREES TO PRICES, SPECIFICATIONS, STANDARD TERMS CONDITIONS OF SALE, INCLUDING WARRANTY TERMS ON THE REVERSE SIDE OF THIS DOCUMENT, TOGETHER WITH ALL ATTACHMENTS HERETO. CYBEX IN'T'ERNATIONAL, INC. STANDARD TERMS AND CONDITIONS L SE LLER:S TERMS TO GOVERN: This document, whether designated as it quote. offer, 9. CANCELLATION or ALTERATION: No order may be canceled or altered after the or sales acknowledgment. is an offer to sell made by Cybex International. Inc. i" Cybex" of mailing of the sales acknowledgment unless agreed to by Seller. Cancellation or alteration of "Seller Acceptance is expressly limited to tine teens of Cybex`s contact, and in the event orders. if agreed in writing by Seller, will obligate Buyer to pity to Scher it handling charge that Buyer's acceptance or other response hereto states tenns additional to or different from of 25% of the, sales order amount plus any and all expenses incurred and damages sustained those set fitnh herein, this document shall be deemed a notice of objection to such additional by Seller to return the product to the point of manufacture, Custom orders obligate Buyer to of different tends and rejection thereof. pay Seller 100?� of the sales order amount plus any and all expenses sustained by Seller to 2 PR1C:'l.S: Prices shown on quote ae Seller's prices iu effect on that date and are shown in refuel the product the point of rnamufacnire. Seller will make every reasonable effort to U.S. dollar. Quotes shall expire in thirty (30) days unless otherwise noted thereon. Verbal ship by the estimated date, but failure to do so shall not be cause for cancellation, prim representations carrot supersede a written price quote. Seller reserves the right to 10. RETURNED GOODS: When agreed to by Seller in waiting. Buyer may return products coocct any clencal or mathematical errors prior to Buyer acceptance. Shipments will Ire with a Return Authorization Number, obtainable by writing to Cybex International, Inc., Idled at pries stated on accepted orders unless delays have been initiated or requested by Attn: Customer Service Department, 10 Trotter Drive. Medway. MA 02053 or by calling fluycr which shall entitle- Seller to any and all additional costs and expenses resulting from the Customer Service Depattment at 1- 888- GO -CYBI X. Buyer's failure to obtain this tile delay. Return Authorization Number will prevent Seller from being liable whether or not the 3. LSXE:.S AND DUTIFS: The price (toes not include any federal, state or local taxes, product is accepted by Seller's receiving dock. Buyer roust ship all returned products freight asscasments or duties. 'Ilaerefore, in addition to the price; stated herein, any applicable sales, prepaid. Use or other taxes and government charges imposed by any governmental body upon the 11. PRODUCT CHANGES: Seller reserves the right to change of revise specifications and u Jll1atti0n Shall be an additional charge and shall be the responsibility of the Buyer, unless product design in connection with any feature of Seller's products. Such changes do not the Pave; is exempt front such taxes and the Sellr receives the Buyer's Certificate of entitle Buyer to corresponding changes, improvements, additions, or replacements for Exemption prior to shipment. product previously sold or shipped. d. 1 HZN OF PAYMIitiT: Unless the Seller's credit department has given the Buser its 12. INDEMNIFICATION BY NON CONSUMER BUYERS: Non consumer Buyers agree ;,nor written approval, the terms of payment are as they appear at the top of the quote or to and do hereby indemnify and hold harmless Seller against all costs and expenses, ales order documents. Seller reserves tile right to require full or partial payment in advance including attorney's fees, damages, liabilities and judgments for personal injuries. including of :mv shipment. or other payment atTangenientS whenever, in its judgment, the Financial death, resulting from the use of misuse of Seller's products, the Buyer's failure to provide condition of Buyer flocs not justify shipment of the goods on the terms specified. U payment adequate instmcfions to individuals using the products, failure to provide required product on the goods to Seller is in .irresrs, Seller shall have the right and option to ,,ithhold maintenzu -cc, arnUor I'mitire to bolt product as provided in Seller's Owner's Manual, however warrt:rty rights. as outlined in the Cybex written Limited Warranty pertaining to each caused or alleged to have been caUSrd directly or indirectly by Buyer, its agents otficci:, product or service sold or provided hereunder (the "Limited Warranty"), of to withhold directors andemployccs. service and parts. If Buyer does not make payment(s) when due, Seller may declare all 13. AJOENDMENT, MODIFICATION or SUBSTITUTION: This document, together with invoice amounts due and payable without notice to Buyer and shall have the right to charge it the Limited Warranty, shall contain the entire agreement between the patties. Any finance fee of I t�z ;o or the highest rate allowed by law, if less) per each 30 day period. or modifications thereof must he in writing and signed by Seller. No prior dealings of the pan thereof. for any invoice that is past due. Should Seller commence any actionts) or parties of trade custom not embodied herein shall alter the interpretation or enforcement of otherwise seek to enf+.nce this agreement against Buyer, Buyer agrees to pay all attorneys) this contract. er. Court and other collection expenses incurred by Seller, whether or not a law suit is filed. Id. DISCLAIMER OF WARRANTIES AND LIMITATION OF REMEDIES: All disputes arising under this clrtcument shall be governed by the laws of the State of SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, IVITH REGARD TO Yl assachusrtls- GOODS OR SERVICES PROVIDED BY SELLER OTHER THAN THOS): SET FORTH /A' 5 S11IP1vtFN(': All products we shipped P.O.B. front origin, unless otherwise specified. THE APPLICABLE LIrb1ITAI) WARRAATY. BUYER SHOULD CONSULT 771E LIMITED Howovei. it Buyer fails to make full payment as required, title shall revert to Seller upon IVARRAA"TY FOR THE TERMS, CONDI"TIOA'S AND LIMITATIONS OF "THE EXPRESS detaolt by Buyer. Buyer is responsible for any loss of damage to shipments after leaving the WARRANTY PROVIDED HEREUNDER. BUYER ,ACKNOtVLEDGES AND AGREES point of manufacture. Buyer is responsible for recording any shortages. damages or losses THAT BUYER HAS RECEIVED A COPY OF THE. LIA1171-1) WARRANTY APPLICABLE on the Delivery Receipt at the time of delivery. A copy of Buyer's Delivery Receipt must be TO THE PRODUCT OR PRODUCES PURCHASED IIEREUNDF,R. ADDITIONAL forwarded to the Cybex Customer Service Department. at the address identified in paragraph COPIES OF THE LIMITED IVARRANTY XIAY BE OBTAINED BY CALLING CYBEX 10 hereof, when damage or losses are claimed. All concealed damage, or damage not C'USTOXIERSERVICE TOLL FREPAT1- 888 GO- CYBEX. apparent until the equipment is unpacked and examined, must be repotted to the Cybex NO PERSON HAS AUTHORITY TO AIAKE ANY STATFAIEN7S ABOUT THE Customer Service Department at the address or telephone number identified in paragraph 10 PRODUCES SOLD IIERE:U.NDER AND SUCH STATEMENTS DO NOT CONSTITUTE hereof within 48 horn of delivery. All concealed damage claims must he matte within WARRANTIES, .SHALL NOT BE RELIED UPON BY TI1E BUYER, AND ARE N'O'1 PART iiican i 1 t days from fie delivery date. Buyer is responsible for notifying the Carrier to OF THESE STANDARD TERMS AND CONDITIONS, INCLUDING TIIE LIA111 1.1) perllmn art inspection of the damages before the close of business on the tifteentlh day after WARRANTY INCORPORATED HEREIN. AL I. WARRgA "TIES OTHER THAN 7 kliwcry All packaging materials must be kept available by Buyer for the inspection. Failure WARRANTIES EXPRESSLY PROVIDED IIEREIN AND IN THE LlitfITLD WARRANTY to rel?on it concealed dannage claim as outlined above will affect Buyer's ability to fully ARE SPECIF'IC'ALI Y EXCLUDED. IN THE CASE OF NON CONSUMER BUYERS, ALL recover damages from the Carrier and will result in Buyer assuming any costs incurred for Lb1PLIED WARRANTIES OF AIERCHAN7ABILITY OR FITNESS FOR A PARTICULAR ieplacing or repairing the damage. PURPO.SEAREIIERE13YDISCI -4fAIED, fi. BIDS AND PERFORMANCE: BONDS: Any or all administrative and handling charges IN THE CASE OF CONSUMER BLiYERS, THE, DURATION OF ALL I.�IPI_!FD ihai may occur over surd above the prices quoted will be assumed by Buyer. WARRANTIES OF AIE'RCHAA OR FITNESS FOR A PARI'ICUI_AR PURPOSE INSTALLATION: Buyer is responsible for installation of the equipment.. °zcept as IS 161 TO THE DURATION OF THE EXPRESS LVARRANTIES PRO1 %IDED othhewise Provided herein or requested by Seller. In.stalla6on includes mmpackmg, 11F.R1 ANN) hV 771FAP1 LI.1,113F'I) tb':ARRAN _'Y. and an olmati(mal check of the equipment. Unless otherwise specifically provided ill SETLER WILL ArOT Bli LLARIX FOR ANY DIRECT OR 1.1`DIREC7: writing. Buyer has full responsibility for assuring the Carrier places the equipment in its final COA'SEQX FN7IAL OR INC'IDE;VIAh DA.b1AGES, LOSSES OR EXPEASES, use location. Shipping and handling charges cover truckin and placement of equipment in INCLUDhVG. BUT N07' LIMITED TO COAIMERCLAI, LOSSES, BUSINESS any predctennined location in your facility or home. Buyer will assume all costs and INTL;RRUPTION, OR DAMAGE TO PROPERTY OTHER THAN THE PRODUCT OR cspertses uncwrcd as a result of deliveries requiring the equipment to be carried more than PRODUC'ISSOLO HEREUNDER. 100 feet front the closest point accessible by it commercial tractor trailer or those deliveries Notice to Consumer Buyers: Sonde States do not allow imitations on how long an requiring the use of a hoist, other special equipment, services or additional manpower. implied warranty [asts, so the above limitation may not apply to you. Some States do not Installation does not include the anchoring of product. Buyer is responsible for all anchoring. allow the exclusion or limitation of incidental or consequential damages, so the above Buyer will asurnc all costs and expenses associated with transportation, storage, manpower, limitation or exclusion may not apply to you. `Chis warranty gives you specific legal rights, and waiting tune for the equipment that is delivered to the requested location when delivery and you may also have odherrights which vary from State to State, cannot be accepted for any reason. 15. ALTERNATIVE DISPUTE RESOLUTION FOR NON CONSUMER BUYERS 8- DFL.]VFRY: Any delivery date stated under this contract is the Seller's best estimate and ONLY: is based upon prompt receipt of all necessary information and payment from Buyer. Seller SELLER RESERVES THE RIGHT TO ..MANDATE ALTERNATIVE DISPUTE stakes no guataince of delivery by such date and shall have no liability of other obligation RE.SOLUTIO.N TO SETTLE ANY OR ALL 0,41AIS RESULTING FRO:1_1 THIS SALES foe rdlurc to deliver on such date, regardless of cause, unless expressly stated otherwise. TRANSACTION. ALTERNATIVE DISPUTE RESOLUTION PROC'E'EDINGS WILL BE Seiler shall have it( 'liability of other obligation hereunder if its performance is delayed or CONDUCTED IN THE STATE OF AIASSACHUSETTS ACCORDING TO THE prevented to any extent by any event such as. but not limited to, any act of God, strike or C'O ;VAIF,RCIAL RULE'S OFTIIEAAIERICANARB ITRA770NASSOCIATIO:Sr. work stoppage. fire. flood, accident, allocation or other controls of the Government It is understood between the parties that damage to the product, ineffectiveness of the a ttlhorities, shortage of transportation. fuel, material and labor, or any other cause beyond tine product, or other unintended consequences may result because of many factors including the Seller's reasonable control. nnanner of use or application of the product, all of which arc beyond the control of the Seller. All such risks shah] be assumed by the Buyer. 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. 361104 Cybex International, Inc. Terms P.O. Box 8500 -1401 Philiadelphia, PA 19178 -1401 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) PO Amount 4/10/12 829983 Cable for fitness machine 112.50 Total 112.50 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. Warrant No. 361104 Cybex International, Inc. Allowed 20 P.O. Box 8500 -1401 Philiadelphia, PA 19178 -1401 In Sum of 112.50 ON ACCOUNT OF APPROPRIATION FOR 109 Monon Center PO# or INVOICE NO kCCT #rrITLl AMOUNT Board Members Dept 1096 -21 829983 4237000 112.50 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 3 -May 2012 Signature 112.50 Accounts Payable Coordinator Cost distribution ledger classification if Title claim paid motor vehicle highway fund