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214137 10/23/2012 CITY OF CARMEL, INDIANA VENDOR: 366660 Page 1 of 1 ONE CIVIC SQUARE COMMWORLD OF INDIANAPOLIS CHECK AMOUNT: $193.75 6011 E HANNA AVE SUITED CARMEL, INDIANA 46032 INDIANAPOLIS IN 46203 CHECK NUMBER: 214137 <roM CHECK DATE: 10/23/2012 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 651 5023990 20120844 193 . 75 CONT SVS-OTHER-S PLAN American Voice&Data,Inc.dba COMMWORLD COMMWORLD OF INDIANAPOLIS 6011 E.Hanna Avenue, Ste D Invoice Indianapolis, IN 46203 317-889-7593•Fax 317-889-7777 20120844 Date: October 12, 2012 Bill To: Site Location: LISA KEMPA TERESA LEWIS- CITY OF CARMEL-WASTEWATER UTILITIES CITY OF CARMEL-WASTEWATER UTILITIES 760 3RD AVE. SW SUITE 110 9609 HAZEL DELL PARKWAY CARMEL IN 46032 INDIANAPOLIS IN 46280 Order# Technician PO Number Phone Number 20120947 David Howell ACCOUNTS PAYABLE (317)571-2634 Services Performed: JEN WORKED REMOTELY TO RESET THE VM BOX AT EXT 225. THE CHANGES WOULD NOT TAKE EFFECT. DAVID HOWELL CAME TO SITE AND CLEARED AN UNWANTED MESSAGE WAITING LIGHT, DISCUSSED THE MESSAGE WAITING LIGHT FUNCTION, RESET PASSWORDS AS PER KEVIN, UPDATED NAMES & CHECKED EXT 225. Qty Item Number Item Description Unit Price TOTAL Materials: $0.00 Labor: $148.75 Service Call Chg.: $45.00 Other $0.00 Sales Tax: $0.00 Subtotal: $193.75 **** INVOICE DUE ON RECEIPT**** Deposit: $0.00 Cotal Amt Due: $193.75 SECURITY AGREEMENT/TERMS AND CONDITIONS 1. TITLE: Title to the Equipment shall pass to Customer upon the date that the Equipment is delivered to the Installation Site. 2. SECURITY INTEREST/SECURITY AGREEMENT: Customer hereby grants to COMMWORLD a security interest in the equipment in order to secure Customer's obligations hereunder are=d agrees upon request of COMMWORLD to execute any documents necessary to perfect such interest. In the event that Purchase Price is not paid in accordance with the payment terms, COMMWORLD shall have all the rights and remedies of a secured party as provided for in Article 9 of the Uniform Commercial Code and COMMWORLD shall be entitled to reasonable attorneys'fees and legal expenses incurred with respect to this security interest and the enforcement of arry of COMMWORLD's other rights under this Agreement. 3. RISK OF LOSS: All risk of loss passes to Customer upon Delivery of the Equipment to the Installation Site, 4. DELIVERY: The equipment delivery date shall be at <a time to be mutually agreed upon by the parties with appropriate adjustment for conditions beyond the commercially reasonable control of COMMWORLD. 5. INSTALLATION: COMMWORLD will install the Equipment, provided Customer provides a suitable place for installing the Equipment, all electrical outlets, conduit, power hoof-ups, and any related carpenter work as specified by COMMWORLD. Customer will provide an Equipment area climatized to computer requirements in terms of temperature. . INDEMNIFICATION: Customer shall in=lernnify COMMWORLD against and hold COMMWORLD harmless from any and all ciairns, actions, suits, r)roceedings, costs, expenses, darriages and liabilities, including attorneys'fees, claimed by any person, organization, association, or ozherwrse arising out of, or r;w�atirng to the Equipment, u°xa, possession, operation, and/or condition, thereof, except as caused exclusively by COMMWORLD. 7, WARRANTIES AND LIMITATION OF LIABILITY: (a)WARRANTIES: COMMWORLD warrants to Customer good and clear title to the Equipment free and clear of liens and encumbrances subject to the security interest retained by COMMWORLD. COMMWORLD hereby warrants all new telephone equipment, against defects in materials and workmanship for a period of 2 years from Cut over and Acceptance Date; provided that no repairs, substitutions, modifications, or additions have been made except by COMMWORLD and provided that after delivery to Customer the Equipment has not been subject to accident, neglect or roisuse, or used in violation of any instructions supplied by COMMWORLD. COMMWORLD's sole liability hereunder shall be to repair or replace the Equipment at its own expense during normal working hours and the foregoing warranty shall constitute the exclusive remedy of Customer and the exclusive liability of COMMWORLD for any breach of any Warranty related to this agreement. All.Computer and related equipment is warranted pursuant to manufactures warranty, under the same conditions as set forth above. THE WARRANTIES SET FORTH HEREIN AND IN THE RELATED EQUIPMENT WARRANTY AGREEMENT ARE EXCLUSIVE, AND COMMWORLD EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, WORKMANSHIP, OR FITNESS FOR A PARTICULAR PURPOSE. (b) LIMITATION OF LIABILITY: COMMWORLD shall not be liable for any special, indirect, incidental or consequential damages or loss, damage, expense, or costs, including but not limited to attorney fees, directly or indirectly arising from Customer's use of or inability to use the Equipment either separately or in combination with other Equipment, or for personal injury or loss or destruction of ether property, or from any other cause. . LAW: The laws of Indiana snail govern this Agreement. Any dispute arising out of the agreement shall be brought in the circuit or superior court of Marion County, Indiana. 9, DEFAULT: If any of Customer's obligations to COMMWORLD are not promptly paid when due; or if Customer breaches any provision hereof, Customer shall be in default hereunder and all unpaid amounts shall become immediately due and payable. Upon Customer's default, COMMWORLD shall have the rights and remedies o;a secured party under the Uniform Commercial Code and any other laws, including the right to any delinquent payments for which Customer agrees to remain fully liable. if default continues for ten (10) days after written or telegraphic notice thereof by COMMWORLD, COMMWORLD may, at its option, render the Equipment unusable until COMMWORLD receives payment in full: and/or enter upon the premises where the Equipment is installed and retake possession thereof free from any claims of the purchaser without notice. 10. ASSIGNMENT: This agreement may not be assigned by Customer without the written consent of COMMWORLD may not assign this Agreement. 1 . MISCELLANEOUS: Titles to the paragraphs of the Agreement are solely for the convenience of the parties and do not explain, modify, or interpret the provisions herein. If more that one (1) Customer is named in this Agreement; the liability of each shall be joint and several. COMMWORLD is not liable,for any failure or delay in performance clue to any cause beyond its control. If any provisions of this agreement are in conflict with any statute or rule of law of any state or territory wherein it may be sought to be enforced, then such provisions shall be deemed null and void to the extent that they may conflict therewith, but without invalidating the remaining provisions hereof. Customer will permit or arrange for access for COMMWORLD personnel to the premises for COMMWORLD installation and warranty service. The terms and conditions of sale set forth in writing by this agreement and agreed to by the parties to this transaction are intended by the parties as a final expression of the agreement with respect to such terms as are included herein and may not be contradicted by evidence of any p=rior afire F~°ent or of a coritemporai -,cus oral agreement. 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 359100 COMMWORLD OF INDIANAPOLIS Purchase Order No. 50 SOUTH PARK BLVD Terms GREENWOOD, IN 46143 Due Date 10/16/2012 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 10/161201: 20120844 $193.75 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 /�.//4//L Cw v Date Officer VOUCHER# 125926 WARRANT # ALLOWED 359100 IN SUM OF $ COMMWORLD OF INDIANAPOLIS 50 SOUTH PARK BLVD GREENWOOD, IN 46143 Carmel Wastewater Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO# INV# ACCT# AMOUNT Audit Trail Code 20120844 01-7362-06 $193.75 I Voucher Total $193.75 Cost distribution ledger classification if claim paid under vehicle highway fund