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Home My WebLink About216736 01/29/2013 CITY OF CARMEL, INDIANA VENDOR: 127200 Page 1 of 1 ` ONE CIVIC SQUARE HEXAGON TECHNOLOGIES INC CARMEL, INDIANA 46032 PO BOX 23163 CHECK AMOUNT: $21,472.00 LOUISVILLE KY 40223 CHECK NUMBER: 216736 CHECK DATE: 1129/2013 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 651 5023990 26984 21, 472 . 00 OTHER EXPENSES INVOICE Hexagon 'Technologies, Inc. 3600 Chamberlain Lane #802 DATE INVOICE # Louisville, KY 40241 1/10/2013, 26984 BILL TO SHIP TO Carmel Wastewater Utilities Carmel WWTP 9609 Hazel Deli Parkway 9609 Hazel Dell.Parkway, Gate 2 Indianapolis, IN 46280 Indianapolis, IN 46280 ATTN: ACCTS PAYABLES P.O. NUMBER TERMS SHIPPED DATE SHIPPED VIA S13444 Net 30 1/10/2013 Estes Express QUANTITY DESCRIPTION PRICE EACH AMOUNT 17,600 Hexafloc 618, cationic emulsion, 2,200 lbs per tote 1.22 21,472.00 (9,totes) FREIGHT BILL TO HEXAGON, PO BOX 23163, LOUISVILLE, KY, Total $219472.00 40223 PLEASE PAY BY: 2/9/2013 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 disclaimers of warranties and constitute an integral part of this invoice. TERMS AND CONDITIONS OF SALE 1I.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 the"front and back hereof. the goods furnished hereunder,upon delivery to destination.In no event B6yer shall be deemed to have assented to the provisions hereof,in all shall Seller be liable foranticipated*prof its•or for damageson 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 injuryand 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.Buyermay return goods forwhich it hastimely goods by Buyer. objected to Sellers terms and conditions. Setter's commencement of For shipments where Buyer assumes the cost and responsibility of performance and or delivery shall be for Buyers convenience only and shipping from Sellers warehouse, Seller will not be liable for loss and shall not be construed as acceptance of Buyers.terms and conditions. damage in transit. Sellers products are-offered for sale only on the terms and conditions Buyers 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 io 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 then 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 Buyers 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 follow asstated in Seller is unable to remedy arty 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' Buyers 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, blecause of any such REFERENCE TO THE GOODS, AND (b.) BUYER ACKNOWLEDGES circumstance,Seller is unable to supply the total demand for the goods, _ 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 h:; aunder,or may,by written notice delivered no later than ten(10)days after the 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 liability or responsibility for infringement of any such patents. 4.CONTAINERS Seller shall have no patent obligation or other liability to Buyer for. (a)Deposits infringement or charges of infringement arising from use of the goods All returnable containers remain Sellers 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 90 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 Sellers sole discretion. ment relating to,the goods resulting from composition or other special (b)Regulations Governing Return of Empty Containers requirements specified by Buyer or the result of the application or ;se to which the goods are put by Buyer,or others. The provisions of the Interstate Commerce Commission regulations governing the transportation of empty packages previously used for S.SPECIAL ORDERS the transportation of acids,corrosive liquids,etc: require that before In the event Buyer places an order for goods made up specially for hens being accepted for transportation: or for the goods not customarily carried by Seller, and Buyer cancels 1. EmFry barrels,kegs or drums must have theirfilling and vent holes such order,Buyer agrees to pay Seller as liquidated damages the 5::1!er s properly cleaned. published or agreed upon price for such goods as are compl::ac;snd an 2. Empty carboys when presented to carriers must be equipped with equitable price based upon the percentage of completion of sect,goods stoppers well secured. as are in process at the time of cancellation. 3. Empty bottles previously used for acids or corrosive or toxic materials must be securely stopped. 9. FAIR LABOR STANDARDS ACT Your compliance'with the above is earnestly 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 1/23/2013 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 1/23/2013 26984 $21,472.00 } 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 Date Officer VOUCHER # 126533 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 26984 01-7182-05 $21,472.00 Voucher Total $21,472.00 Cost distribution ledger classification if claim paid under vehicle highway fund