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219900 05/07/2013 CITY OF CARMEL, INDIANA VENDOR: 00353046 Page 1 of 1 ONE CIVIC SQUARE SIMPLEXGRINNELL LP ). DEPT CH 10320 CHECK AMOUNT: $1,174.00 CARMEL, INDIANA 46032 PALATINE IL 60055-0320 CHECK NUMBER: 219900 CHECK DATE: 5/7/2013 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 2201 4350900 76117058 1, 174 . 00 OTHER CONT SERVICES � �® INVOICE NO. INVOICE DATE CUSTOMER PO: ell 76 170 5 8 04-24-13 D-U-N-S 09-4738007 FED. ID 58-2608861 CONTRACT# MODIFIER District # 331 16023344 R31-DEC-2012 11820 Pendleton Pike INDIANAPOLIS, IN 46236-3979 317-826-2130 PAYMENT TERMS, 331-00910576 NET 30 Carmel Street Dept = 331-00910576 3400 W 131ST ST Carmel Street Dept WESTFIELD IN 46074-0000 3400 W 131ST ST WESTFIELD IN 46074-0000 • Stewart, Jeff • CONTRACT ;;,CONTRACT CONTRACT DESCRIPTION= ............ START DATE END DATE Carmel Street Dept-3400 W 131ST ST-00910576-SIMPLEX 01-MAY-13 30-APR-14 INVOICE NOTES: Total Contract Amount - $1,174.00 Amount Of Current Invoice - $1, 174.00 Sales Tax - $0.00 Total Amount Included - $1,174.00 Payment Received - $0.00 Total Amount Due &1 - 174 - 00 TERMS AND CONDITIONS OF SALE 1. Acknowledgement.Customer acknowledges and agrees that equipment or services provided pursuant to this invoice shall be provided pursuant to the terms and conditions hereof,unless otherwise provided pursuant to an executed agreement between the parties. 2. Payment.Payment shall be made in accordance with the terms designated on this invoice. In the event payment is not received when due;-Company may,at its discretion,assess late fees at the rate of 1.5%.per month.or.the maximum rate.allowed, by law.Customer agrees to pay all costs of collection,including without limitation costs,fees,and attorneys'fees. 3.-Security Interest.Customer-grants to SimplexGrinnell LP(Company)and Company-retains,a security_interest in all. -- equipment shipped pursuant to this invoice and proceeds thereof until Customer shall have made full payment. In the event of Customer's failure to make payment of any amount when due,the entire balance shall become due and payable immediately, In case of default, Company shall have the right to take possession of the equipment immediately,wherever it may be found,and remove it with or without process of law and may retain all money paid hereunder as liquidated damages and rental for said equipment. Customer shall not sell(except in the ordinary course of business),mortgage,pledge or lease said equipment without prior permission of Company. 4. Limited Warranty.COMPANY WARRANTS THAT ITS WORKMANSHIP AND MATERIAL FURNISHED UNDER THIS AGREEMENT WILL BE FREE FROM DEFECTS FOR A PERIOD OF NINETY(90)DAYS FROM THE DATE OF FURNISHING. Company's liability shall be limited to repair or replacement of equipment that Company's inspection discloses is defective.Where Company provides product or equipment of others,Company will warrant the product or equipment only to the extent warranted by such third party.EXCEPT AS EXPRESSLY SET FORTH HEREIN,COMPANY DISCLAIMS ALL WARRANTIES,EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES PERFORMED OR THE PRODUCTS,SYSTEMS OR EQUIPMENT,IF ANY,SUPPORTED HEREUNDER.IN NO EVENT SHALL COMPANY BE LIABLE FOR SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.This warranty does not apply to equipment that has been subjected to abuse, mishandling,improper use or installation by any third party. 5. No Acceptance. Issuance of this invoice shall not be construed as an acceptance of the terms or conditions of any Customer purchase order or like document,or any certification of any kind by Company 6, Taxes.Customer shall pay any tax,however designated, levied or based. 7. Indemnity.Customer agrees to indemnify,hold harmless and defend Company against any and all losses,damages,costs, including expert fees and costs, and expenses including reasonable defense costs,arising from any and all third party claims for personal injury,death, property damage or economic loss;including specifically any damages resulting from the exposure of workers to Hazardous Conditions whether or not Customer notifies Company in advance of the existence of said hazardous conditions,arising in any way from any act or omission of Customer or Company relating in any way to this Agreement, including but not limited to the Services under this Agreement,whether such claims are based upon contract,warranty,tort(including but not limited to active or passive negligence),strict liability or otherwise.Company reserves the right to select counsel to represent it in any such action. 8. Liability.Company shall not be liable for loss or damage of any kind resulting from delay or inability to deliver on account of acts of god, labor troubles,accident,acts of civil or military authorities,fuel, labor or material shortages,or any other condition beyond Company's control. 9. General. If any provision of this invoice is held by any court or other competent authority to be void or unenforceable in whole or in part,this invoice will continue to be valid as to the other provisions and the remainder of the affected provision. It is agreed that no suit,or cause of action or other proceeding shall be brought against either party more than one(1)year after the accrual of the cause of action or one(1)year after the claim arises,whichever is shorter,whether known or unknown when the claim arises or whether based on tort,contract;or any other legal theory.The laws of Massachusetts shall govern the validity, enforceability,and interpretation of this invoice. VOUCHER NO. WARRANT NO. ALLOWED 20 SimplexGrinnel IN SUM OF $ Dept. CH 10320 Palatine, IL 60055-0320 $1,174.00 ON ACCOUNT OF APPROPRIATION FOR Carmel Street Department PO#/Dept. INVOICE NO. ACCT#/TITLE AMOUNT Board Members 2201 1 76117058 1 43-509.001 $1,174.00 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 n 0 / / y, May 03, 2013 Street Co4jwioner Title Cost distribution ledger classification if claim paid motor vehicle highway fund 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 service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 04/24/13 76117058 $1,174.00 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