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Home My WebLink About213493 10/09/2012 CITY OF CARMEL, INDIANA VENDOR: 127200 Page 1 of 1 ONE CIVIC SQUARE HEXAGON TECHNOLOGIES INC CARMEL, INDIANA 46032 PO BOX 23163 CHECK AMOUNT: $16,104.00 LOUISVILLE KY 40223 CHECK NUMBER: 213493 CHECK DATE: 10/9/2012 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 651 5023990 26765 16, 104 . 00 OTHER EXPENSES ,5 INVOICE Hexagon Technologies,Inc. 3600 Chamberlain Lane#802 DATE INVOICE # Louisville, KY 40241 9/25/2012 26765 BILL TO - SHIP TO Carmel Wastewater Utilities Carmel WWTP 9609 Hazel Dell Parkway 9609 Hazel Dell Parkway, Gate 2 Indianapolis, IN 46280 Indianapolis, IN 46280 - ATTN: ACCTS PAYABLES f. P.O. NUMBER TERMS SHIPPED DATE SHIPPED VIA S13257-- Net 30 9/25/2012 Estes Express QUANTITY DESCRIPTION PRICE EACH AMOUNT 13,200 Hexafloc 618,'cationic emulsion, 2,200 lbs per tote 1.22 16,104.00 (6 totes) FREIGHT BILL TO HEXAGON, PO BOX 23163, LOUISVILLE, KY, Total $16,104.00 40223 PLEASE PAY BY: 10/25/2012 THANK YOU! Please remit payment to: Hexagon Technologies, Inc., P.O. Box 23163, Louisville, KY 40223 CONDITIONS OF SALE: The terms and conditions listed on the reverse are incorporated herein by reference,-including disclaifiiers of warranties-and constitute an-integral-part of-this invbice. -- a TERMS AND CONDITIONS OF SALE 1.ACCEPTANCE 5.DAMAGES AND RISK OF LOSS Seller's acceptance of Buyer's order is expressly made conditional on Buyer assumes all responsibility for and risk of loss of,or damages to, Buyer's assent to the terms and conditions on thq front and back hereof. the goods furnished hereunder,upon delivery to destination.In no event Buyer shall be deemed to have assented to the provisions hereof_'in all shall Seller be liable for anticipated profits or for damages on account of respects by its use of any goods shipped, or by failure to'give Seller negligence,or for incidental or consequential damages.Seller shall not written notice of objection which is received by Seller within.ten (10) be liable for,and Buyer assumes responsibility for all personal injury,and days of Buyer's receipt of products or receipt of Seller's acknowledge- property damage resulting from the handling, possession or use of the ment,whichever is earlier.Buyer'may return goods for which it has timely goods by Buyer. objected to Seller's terms and conditions. Seller's commencement of For shipments where Buyer assumes the cost and responsibility of performance and or delivery shall be for Buyer's convenience only and snipping from Seller's warehouse, Seller will not be liable for loss and shall not be construed as acceptance of Buyer s.terms and conditions. damage in transit. Seller's products are.offered for sale only on the terms and conditions Buyer's only and exclusive remedy and the limits of Seller's liability contained herein. Prior dealings between the parties, Buyers purchase including for negligence,shall be the purchase price of that portion of the order or other documents shall not effect said terms and conditions. product proved to be defective. Failure to make a claim within ten (10) Seller hereby specifically rejects any terms or conditions contained in days of receipt of the products shall be deemed to constitute a any writing submitted to seller by buyer and objects to and shall not be satisfactory performance by Seller and a waiver of all claims by Buyer. bound by any oral or written agreement or other understanding, or by. any change in, addition to,*or waiver of any provisions hereof, unless 6. DISCLAIMER OF WARRANTIES approved in writing by an authorized representative of Seller. if_Buyer requests Seller to make suggestions concerning the use of any product,alone or in combination with other products,Buyer understands and agrees that Seller makes no warranty whatsoever of results and 2 PRICES assumes no obligations or liabilities with respect thereto. Prices and terms of payment are subject to change without notice,and Seller reserves the right,witheut prior notice to change sales specifica- as to any shipment will be the men current price in.effect for that tions listed in its product brochures, bulletins or any other descriptive product(s) unless superseded by the terms or conditions of a particular material which may have been given to Buyer as the goods are altered or written contract,letter agreement of written proposal(sometimes known improved. At Sellers sole option, the obligation of Seller (and Buyer's as a Quotation)that has become a contract.If Buyer requires a means of sole and exclusive remedy hereunder)shall be limited to replacement of shipment other than selected by Seller any extra cost incurred by reason any goods returned to Seller's plant,transportation charges prepaid,and thereof shall be paid by Buyer. if the goods are then determined by Seller not to be as described,or,if For price differentials for small packages,pricing will followasstated in Seller is unable to remedy any such deviation in the goods,Buyer's sole product brochure.Similarly,for deliveries outside metropolitan Louisville and exclusive remedy,at the sole option of Seller,shall then be a pro rata area,-minimum size order is required to cover cost of delivery. refund of the purchase price allocable to the deviant goods so long as Buyer has paid for all of the goods contained in that particular shipment. Buyer shall inspect the goods immediately upon delivery. Buyer's 3 FORCE MAJEURE failure"to give notice of any claim within ten (10) days from the date of Seller shall not be liable in damages for any delay in deliveries caused delivery shall constitute a waiver by Buyer of all claims with respect by an Act of God, war, riots; fire, explosion, flood, strike, lockout, thereto. injunction,inability to obtain fuel,power,raw materials,labor,containers, EXCEPT AS SET FORTH HEREIN, IT IS EXPRESSLY AGREED (a) or transportation facilities,accident,breakage of machinery or apparatus, THAT THERE IS NO WARRANTY OF MERCHANTABILITY,NO WAR- national.defense requirements or any..cause beyond the control or such RANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, NOR ANY party, preventing the manufacture,shipment, acceptance or consump- OTHER WARRANTY,EXPRESS, IMPLIED,OR STATUTORY,NOR ANY tion of a shipment of the goods or of a material upon which the AFFIRMATION OF FACT, OR PROMISE, MADE BY,SELLER WITH manufacturer of the goods is dependent. If, because of any such _REFERENCE TO THE GOODS, AND_(b.). BUYER ACKNOWLEDGES -cifcumstani e,Seller is tina6le to supply the total demand fog ttTe goods,T- THAT THE GOODS ARE BEING PURCHASED SOLELY ON THE BASIS Seller may allocate its..available supply among itself and all of its OF THE TERMS AND CONDITIONS EXPRESSLYSET FORTH HEREIN. customers, including those not under contract,in an equitable manner. Should delivery be delayed by any such causes more than thirty(30)days 7,PATENTS beyond the delivery period specified in the order,either Seller or Buyer Seller does not warrant that the use of any goods sold ht:raunder,or -- may,by written-notice delivered-no later-than ten (10)days afterthe end- - --articles made-therefrom,-either alone-or in conjunction-with-other — of such thirty day period,cancel the order.If neither party should deliver materials will not infringe a patent.Seller's recommendations or instruc- notice of cancellation within such ten (10) day period,all terns and tions about use of products are not intended to suggest operations which conditions shall remain in full force and effect: would infringe any patents belonging to third parties under which Seller is not licensed with the right to grant sublicenses,and Seller assumes no 4.CONTAINERS liability or responsibility for infringement of any such patents. (a)Deposits Seller shall have no patent obligation or other liability to Buyer for infringement or charges of infringement arising from use of the goods All returnable containers remain Seller's property.Container charges furnished hereunder in processes covered by patents, or in patented hereon.are a part of this invoice;not subject to discount,and must be combinations with other materials or arising from any alterations made in paid for in full as invoiced.If containers are returned within W days,in the,goods by Buyer.Buyer agrees to indemnify and save Seller harmless good condition,full return charges prepaid,credit will be issued at the from any cost or expense arising in connection with an alleged infringe- price as charged,otherwise at reduced value in Seller's sole discretion. ment relating to the goods resulting from composition or other special (b)Regulations Goveming Retuin of Empty Containers requirements specified by Buyer or the result of the application or-;se to The provisions of the Interstate Commerce Commission regulations which the goods are put by Buyer, or others. governing the transportation of empty packages previously used for 6, SPECIAL ORDERS the transportation of,acids,corrosive liquids,etc:require that before In the event Buyer places an order for goods mace up specially for him being accepted for transportation: or for the goods not customarily carried by Seller, and Buyer cancels 1. Em f y barrels,kegs or drums must have their filling and vent holes such order,Buyer agrees to pay Seller as liquidated damages the properly cleaned. 2. Empty carboys when presented to carriers must be equipped with published price agreed upon price for such goods as are comp)V;aC gO an stoppers well secured. equitable price based upon the percentage of completion o such goods 3. Empty bottles previously used for acids or corrosive or toxic as are in process at the time of cancellation. materials must be securely stopped. 9. FAIR LABOR STANDARDS ACT Your compliance with the above is eamestly recommended for the Seller certifies,that the materials covered by this invoice were produced protection of employees and to minimize the dangers of incident to the in compliance with the requirements of the Fair Labor Standards Act of transportation of these articles. 1938 as amended. 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 127200 HEXAGON TECHNOLOGIES INC Purchase Order No. PO BOX 23163 Terms LOUISVILLE, KY 40223 Due Date 10/3/2012 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount ' 10/3/2012 26765 $16,104.00 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 I v A-/ Date Officer VOUCHER # 125819 WARRANT # ALLOWED 127200 IN SUM OF $ HEXAGON TECHNOLOGIES INC PO BOX 23163 LOUISVILLE, KY 40223 Carmel Wastewater Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO# INV# ACCT# AMOUNT Audit Trail Code 26765 01-7182-05 $16,104.00 Voucher Total $16,104.00 Cost distribution ledger classification if claim paid under vehicle highway fund