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Home My WebLink About218786 04/09/2013 CITY OF CARMEL, INDIANA VENDOR: 033825 Page 1 of 1 ONE CIVIC SQUARE CDW GOVERNMENT INC CARMEL, INDIANA 46032 75 REMITTANCE DR CHECK AMOUNT: $117.00 '? SUITE 1515 CHECK NUMBER: 218786 CHICAGO IL 60675-1515 CHECK DATE: 4/9/2013 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1125 4230200 2885283 117 . 00 OFFICE SUPPLIES INVOICE DATE INVOICE NUMBER PAYMENT TERMS DUE DATE 03/13/13 Z885283 Net 30 Days 04/12/13 ORDER DATE SHIP VIA PURCHASE ORDER NUMBER CUSTOMER NUMBER 03/06/13 UPS Ground(Indy 1-2 day) #A0000221 11644812 ITEM NUMBER DESCRIPTION QN QTY QTY UNIT PRICE TOTAL ORD SHIP r B/O 1673383 H-P-REF-BASIC PORT REPLICATOR/DOC 1 1 0 117.00 117.00 Manufacturer Part Number:EN488AA °arch pie /1110 �`%� i�escri Lion P.O.#_�DODD,g9I- F� G.L.# / 5-1- Budget Line bescr ' Purchaser Date Approval Date GO GREEN! CDW is happy to announce that paperless billing is now available! If you would like to start receiving your invoices as an emailed PDF, please email CDW at paperlessbilling @cdw.com. Please include your Customer number or an Invoice number in your email for faster processing. REDUCE PROCESSING COSTS AND ELIMINATE THE HASSLE OF PAPER CHECKS! Begin transmitting your payments electronically via ACH using CDW's bank and remittance information located at the top of the attached payment coupon. Email credit @cdw.com with any questions. ACCOUNT MANAGER SHIPPING ADDRESS: SUBTOTAL $117.00 CHRISTY PRALJAK CARMEL CLAY PARKS&RECREATION 312-705-4052 DAWN KOEPPPER SHIPPING $0.00 chripra @cdwg.com 1411 E 116TH ST SALES ORDER NUMBER CARMEL IN 46032-7611 SALES TAX $0.00 DHLW142 AMOUNT DUE $117.00 Cage Code Number 1KH72 HAVE QUESTIONS ABOUT YOUR ACCOUNT? DUNS Number 02-615-7235 PLEASE EMAIL US AT credit @cdw.com ISO 9001 and ISO 14001 Certified VISIT US ON THE INTERNET AT www.cdwg.com 0001:0001 CDW GOVERNMENT FEIN 36-4230110 Page 1 of 1 ____ ..... ....,,.......,.,....,, - . relying on any statements,specifications,photographs or other illust,iions representing the Product,that maybe provided by Seller ar its A!liliales.SELLER AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED,RELATED TO PRODUCTS,INCLUDING,BUT NOT LIMITED T'O.ANY WARRANTY OF TITLE,ACCURACY,MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.WARRANTY OF NONINFRINGEMENT,OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES, TIIE DISCLAIMER CONTAINED IN THIS PARAGRAPH DOES NOT AFFECT THE TERMS OF ANY MANUFACTURER'S WARRANTY. Cusmmer expressly xmisas any claim that it only have against Seller or its AlBli..based on any pod-liability or infringement or alleged infringement of any patent,copyright,code secret m other inlcll-old nopem right,(cash a"Claim")with respect to any Product and also u-ai—any right to indemnification from Scllcr or its ARliates against any such Claim made against Cusmmer by a thiod p:uty.Customer acknowlcdgcs that no amp 1,),e of Sel In or its A IT,[late,is aulb,,iz,d to took,any reprccentwion or warranty on behalf of Sol ter or any of its Affiliates that is not in this Agreement. Scllcr wenanls that the Services will be performed in a good and workmanlike manner.Customers sole and caclusive remedy and Sellers anti to liability xith respect to this wmnanly will be,at the stile option of Scllcr,to either I.)use it,reasonable eommercial,ffons on,,perform or sous,b be reperformed any S—ices not in subsantial compliance with This wanann or(Ill refund amounts paid by Cusmmer related to the portion of the Services not io substantial compliance;provided,in ea,h case,Cust......tifies Seller in writing within five(5)busines_.days afar pe.brmonce ofthe applicable S— s.FXCF,PT AS SET FORTH HEREIN OR IN AN STATEMENT OF WORK THAT EXPRESSLY AMENDS SELLER'S WARRANTY,AND SUBJECT TO APPLICABLE LAW.SELLER MAKES NO OTHER.AND EXPRESSLY DISCLAIMS ALL OTHER, REPRESENT'ATION'S,WARRANTIES,CONDITIONS OR COVENANTS,EI'T'HER EXPRESS OR IMPLIED(INCLUDING WITHOUT LIMITATION,ANN' EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE. MER CI IAN7'.ABILITY,DURABILITY.TITLE,ACCURACY OR NON-INFRINGEMENT)ARISING OUT OF OR RELATED TO TIIE PER OR NON-PERFORMANCE OF TIIE SERVICES,INCLUDING BUT NOT LIMITED TO ANN'WARRANTY RF;LAI'ING TO TIIIRD PARTY SERVICES,ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OF ANY HARDWARE OR SOFTWARE USED IN PERFORMING SERVICES AND ANY WARRANTY CONCERNING THE RESULTS TO BE OBTAINED FROM THE SERVICES.THIS DISCLAIMER AND EXCLUSION SHALLAPPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SEI FORTII HEREIN FAILS OF ITS ESSENTIAL PURPOSE.CUSTOMER AC'KNOW'LEDGES THAT NO REPRESENTATIVE OF SELLER OR OF ITS AFFILIATES IS AUTHORIZED TO MAKE,ANY REPRESENTATION OR WARRANTY ON BEHALF OF SELLER OR ANY OF ITS AFFILIATES THAT IS NOT IN THIS AGREEMENT OR IN A STATEMENT OF WORK EXPRESSLY AMENDING SELLER'S WARRANTY. Cunnmcr shall be solely responsible for daily back-up and other pmtmti,,of its data and,ort„are againn Inns,damage or corruption.C.,lomer shall be.solely re,ponsrble for retonst—mg dote[including but.1 limited w data lo,ated on disk files and memories)and sofxare that rimy be Ion, d—agod or corrupted during the r—onnan,e of Services.SELLER,ITS AFFILIATES,AND ITS AND THEIR SUPPLIERS,SUBCONTRACTORS AND AGENTS ARE HEREBY RELEASED AND SHALL CONTINUE TO BE RELEASED FROM ALL LIABILITY IN CONTECTION WITH IHE LOSS,DAMAGE OR CORRUPTION OF DATA AND SOFTWARE,AND CUSIOMER ASSUMES ALL RISK OF LOSS,DAMAGE Olt CORRUPTION OF DATA AND SOFTWARE IN ANY WAY RELATED T'O OR RESULTING FROM IIE SERVICES. Scllcr x'ill not be—T—ible for and nu liability shall result to Seller or any of its Affiliates for any delays in dcli,ery ur in pert—oe which,os.11 from any circumstances beyond Seller's reasonable control,including,but not Ihniled m.Product unavailability,timer delays.delays due to Ciro, wemhcr conditions,failure ofp—,n.labor problems,acts ofxar,terrorism,embargo,acts of God or aces m lax,Df am'go—onnol or agency.Any shipping dates or completion dales provided by Seller or any polp—ed deadline,contained in.Statement Df Work or any other document are ,shot-1 only. Pricing I.Hlon lion;Availability D-lai.- SNler re,enes the right to mole adjosonrnt,to pricing,Products and Service ofr6d,,for reaxm,including,but not limited to,changing mark,t conditions,Product discuminuation.Pnal net unmai tub i l i ty, an.f.....er price chungcs,supplier PH.changes and errors in olverli.—Is.All orders subjat to Pmdun...ilab i 1,ry and the mailability of Personnel to perfomt the Services.Then role.Seller,annol St.--that it will be ob),to tut li ll Customer's orders.If Services me being performed on a lime and material,basis,any estitnmes provided by Seller arc for planning purp- only. Credits Any credit issued by Seller to Customer for any reason musl be used within two(2)years from the date that the credit was issued and may only be used for future purchases of Products Md/or S—ices..Any credit or portion Ill at used within the Iwo(2)year period will automatically e,pi,. Limnalion or Loltolit,• 4 s UNDER NO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN,WILL SELLER,ITS AFFILIATES OR ITS OR THEIR SUPPLIERS,SUBCONTRACTORS OR AGENTS BE LIABLE FOR:(A)ANY INCIDENTAL,INDIRECT,SPECIAL,PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO,LOSS OF PROFITS,BUSINESS,REVENUES OR SAVINGS,EVEN IF SELLER HAS-BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE,IN EACH CASE,WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT,WARRANTY,NEGLIGENCE,STRICT LIABLITY OR OTIIER THEORY OF LIABILITY;(R)ANY CLAIMS,DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY;(C)ANY LOSS OR CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMER'S IMPLEMENTATION OF ANY CONCLUSIONS OR RECOMMENDATIONS BY SELLER OR ITS AFFILIATES BASED ON,RESULTING FROM,ARISING OUT OF OR OTHERWISE RELATED TO THE PRODUCTS OR SERVICES;OR(D)ANY UNAVAILABILITY OF THE PRODUCT FOR USE OR ANY LOST,DAMAGED OR CORRUPTED DATA OR SOFTWARE.IN THE EVENT OF ANY LIABILITY INCURRED BY SELLER OR ANY OF ITS AFFILIATES,THE ENTIRE LIABILITY OF SELLER AND ITS AFFILIATESFOR DAMAGES FROM ANY CAUSE WI IATSOEVER WILL NOT EXCEED TIIE LESSER OF:(A)THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S)GIVING RISE TO THE CLAIM OR THE SPECIFIC SERVICES GIVING RISE.TO THE CLAIM;OR(B)550,000.00. Confidential Information Each party anticipates that it may be necessary to provide access to information of a confdrntial nature of such pony,the ABiliata or a third pony(hercihafe,refined to as"Confidential Information')to the other pony in the performance of this Agreement and any Statement of Work. "Confidential Information"means any mfoHoa ion"dam in Dole electronic or written form which the receiving parry knows ar has reason to know is proprietary or confidential and which is disclosed by.pang in connection xith Ibis Agreement a which the receiving party may have access to in with this Agreement,including but not limited to the Icons and conditions of each Smlemenl of Work.Confidential Infoonnow. ill—include information which:(a)becomes known to the public through no an of the receiving party(b)was known to the receiving party,.,b-- knoxm tin the receiving pony from a third party having the right to disclose it and having no obligation of confidentiality to the disclosing pony with respect to the applicable inf wetion;or(c)is independently developed by agents,employee,or subcontractors of Ne receiving party who have not had access to such information.To the,,tent practicable,Confidential Infin—tion should be clearly identified or labeled as such by the disclosing party at the time ofdiwl,,,,or as promptly thcreafler as possible,howmer,failurt to so identif,ar label such Confidential Information will not be evidenc,that such mfomation is not confidential or protectable. Each pony agrees to hold the other parry's Confidential Information confidential fora period of three(3)years following the date ofdiwlos...and w do so in a manner at least es protective as it holds its own Confidential Information of like kind but to ass no less than a reasonable degree of care. ❑'..:.., "•a-^•'• pony's -^till!nfennn:ia:xi!l bey Hl led Ill..lose iedirdaala whore p.H''pcfimg in for!'m-,—,4 it;; .:.ta��;eal�u i:.z�.p:::ile S:m ..,�of^. H.1 L�Cw xidi:. '^stir.,c.........,n Co.,,......_ zo t 'Dr:en.tn v.;:v:n.,...s•._:,^.,,..-.tie., mzti�,.;a:.vu:pts:s of pro Qunrecciving ti,e-rrwucu or Services or otherwise in connection wilh this Agreement or the applicable Statement of Work,at Hi)ID its business,legal and financial advisors,each on a confidential basis.Each patty agrees not ro use any Confdenlial Information of the oI her pony for any purpose other than the business purposes contemplated by this Agreement and the applicable Statement of Work.Upon the written request of a party,the other pony will either rttum or certify the destmclion of the Confidential Infomation of the other puny. If,receiving party is requid by law,rule Dr mgulmion,or requested in anyjudicial or adminiswtive proceeding or by any governmental or regulatory authority,to disclose Confidential Information of the other party,the receiving pany will give the disclosing pan)prompt notice ofs,ch request so that th<disclosing parry may seek en appropriate protective order or similar protalivc measure and will use reasowble eR ns to obtain confidential wamtcm of the Confidential Infomation so disclosed. Return I'milegee To obtain Sellcr's—on policy,Customer should contact CDW Customer Relations I 966.SVC 4CDW or email at CustomerRclationsrac,b,,— Customer must notify CDW Costumer Relations ofany damaged Products within ten(10)day,,!receipt. Ami—wo Any claiut dispme,ar mntrm'er,y(whetbrr in,Dower,ton ar othen ire,xitether preexisting,present or fume,and including,but not limited to,smwory,common law,intentional tan and equitable claim,)arising from on relating on the Products,the S—1 the interpretation or application of these Tenn.,and Conditions.,..y S.o,—,H of Work.,,he breach,termination or validity thereof the relationships xhkh result frmn Ihe,e To..and Conditions or any Smlemenl of Work[including,to the full extent pernilled by applicable law,el,two hips with third ponies who are not signatories hereto),or Sellers or any of its Affiliates ad—ismg or marketing(collectively,a"Claim")WILL BE RESOLVED,UPON THE ELECTION OF ANY OF SELLER,CUSTOMER OR TIIE THIRD PARTIES .INVOLVED,EXCLUSIVELY AND FINALLY BY BINDING ARBITRAT'ION.Ifarbivation is chosen,it will beconducted pursuantmthe Rules of Ilse American Arbitration As—its ion.Ifarbiwlionischosen by any party with respect to a C'loim,neither Seller nor Customer w ill I a the right m litigate that Claim in coon or to have ajury trial m,that Claim engage in pre-arbitration discovery,o—jo as providW to,in the applicable urbilrmion rules or by npreemern of the punier involved.Furlher,Customer will not have the righl to panicipme as-presentative or member 11`11Y class of claimants P,rmining to am•Claim.Notwithstanding any ,ho c,of law prm'ision included in Ill Temss and Conditions,his arbitration ogre on,is.bj eel ID the Federel Abiwtion Act IS U.S.C.F(1-16).The arbitration rill take place exclusively in Chicago.Illinois.Any con.havingjurisdicu.a tray tinter judgment oa the award rendered by the arbiwtor(sl.Each panty involved will bear its awn a—ofany legal representation.discovery or research required to complete obi u...The a,ko,nce or result of—arbiwlion will k treated as confidential.Notwith-soling anything to do,—tmry contained herein,all mane,,pertaining to the collection of amounts due to Seller arising out ofth,Products m Services will be caclusively litigated in coup rather than through arbiwlion. Miscellaneous Scllcr may assign or sobconnacl all or an Portion of its rights or obligations with respect m Ibe sale of Pmducts ur the perfol—n—e of S,rvi,es Dr assign the right to receive payments,without Customer's,on—L Customer may not assign these Terns and Conditions,or any of its rights er obligation,herein without the Prior written eonsent of Seller.Subjnt to the resvietions in assignment contained herein.lhese Penn,end Condhioms will be binding nn and inure to the benefit fthe parties hereto and their succe.sors and assigre.No pro,isinn of,hi,Agreement or any Statement of Work will be dcetrsW waived,.mended or modified by either p..y unless such waiver,amendment or modification is in writing and signed by both panics,TIt,rtI,ti,mhip between Seller end Customer is That of independent conlmcrors and not that of employ,,/employee,pnn—hip Dr joint — I any term or condition of this Agrennenl or a Statement of Work is found by,coon of competent jurisdiction m be invalid,illegal or otheruisc unenforceable-the some shall not offset the other terms or conditions hereof m thereof or the whole of this Agreement or the applicable Statement of Work Notices prorided order this Agreement will be given in tinting and deemed received upon the earlier of actual receipt or three(3)days afar mailing if mailed posmgc prepaid by regular mail or aiwail or one(I)day eMr such notice is sent by courier or facsimile uvnsmission. Any delay or failure by either parry to exercise any right or remedy will not mnatitare a waiver of that patty to thereafter enforce such rights. Version Dye:02123/_010 —-------------_��