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Home My WebLink About221385 07/02/2013 CITY OF CARMEL, INDIANA VENDOR: 364397 Page 1 of 1 ONE CIVIC SQUARE AKZO NOBEL PAINTS CHECK AMOUNT: $903.15 CARMEL, INDIANA 46032 62802 COLLECTION CENTER DRIVE + CHICAGO IL 60693-0628 CHECK NUMBER: 221385 CHECK DATE: 7/2/2013 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 8003012666 903 . 15 OTHER EXPENSES 148 W CARMEL DR CARMEL, IN 46032 Glidden PROFESSIONAL 317-8464221 lEi)Tm SOLD TO SHIPPED TO 001057 CARMEL UTILITIES CARMEL UTILITIES 3450 W 131 ST ST 3450 W 131 ST STREET WATER OPERATIONS WESTFIELD, IN 46074 WESTFIELD IN 46074-8267 DATE SHIPPED JOB REFERENCE CONTRACT NUMBER ORDER TYPE TERMS OF SALE 6/12/2013 - - - --- NET 30 DAYS P.O.NUMBER(S) P.O;:DATE BILL OF LADING NUMBER ': SHIPPED Wk. g eg - - - --- Our Truck LOCATION CUSTOMER NUMBER I-CARIVIS NUMBER T SHIPPED FROM Customer Service Telephone Number 0496 04960246200 0080 317-8464221 PRODUCT CODE. PRODUCT; . N COLOR, UNIT SIZE QUANTITY EXTENSION ,CUSTOMER AKZO. DESCRIPTION„/INFORMATION, NUMBER PRICE 4216-940OL01 01 DEVFLEX HP WB/ACR/SG ENA SAF Y 24 33.45 802.80 4216-050OL01 01 DEVFLX SG NTB 1G 3 33.45 100.35 SAFETY BLUE REMARKS COMMENTS SUIBTOTALS.'==> 903.15 SALES TAX 0.00 --------------- TINT BASES MAY BE SHORT FILLED TO ALLOW ADDITION OF COLORANT. THIS MATERIAL IS SOLD SUBJECT TO THE TERMS AND CONDITIONS CONTAINED ON THE REVERSE SIDE. RETAIL SALE OF AKZO NOBEL PAINTS LLC PRODUCTS REQUIRES THE USE OF AKZO NOBEL PAINTS LLC COLOR CARDSAND RELATED COLLATERAL; INVOICE TOTAL 903.15 AKZO NOBEL PAINTS LLC PROVIDES THESE MATERIALS ALONG WITH ORDERS OF AKZO NOBEL PAINTS LLC, SHIPPED S EPERATELY WITH FREIGHT PREPAID AND THE TITLE PASSING ON DELIVERY TO CARRIER Please Remit To: ORIGINAL INVOICE AKZO NOBEL PAINTS LLC Invoice Number: 008003012666 62802 COLLECTIONS CENTER DRIVE Invoice Date: 6/12/2013 CHICAGO, IL 60693-0620 Page I of I 1609 TERMS AND CONDITIONS The sale of any products described or referred to herein is expressly conditioned upon the terms and conditions set forth below.Any order for or any statement or intent to purchase any such products,or any direction to proceed with such purchase shall constitute assent to said terms and conditions.Any additional or different terms or conditions set forth in any such communication from the Buyer are hereby objected to by the Manufacturer and/or Akzo Nobel Paints LLC DBA Glidden Professional(Seller)and shall not be effective or binding unless assented to in writing by an authorized representative of Seller. 1. Risk of Loss: ShiDDing. Risk of loss shall pass from Seller to Buyer at the time the Products are removed from Seller's premises or, if applicable, tendered to the carrier.After risk of loss has passed to Buyer, Buyer shall file all claims for loss or damage with the carrier. Buyer shall be liable to Seller for the full price of the goods, irrespective of loss or damage in transit.Seller shall not be required to provide freight cost receipts to Buyer and freight charges may be estimated at the time of invoice.Shipping dates are estimates and Seller shall not be responsible if delays occur despite Sellers reasonable efforts. 2. Prices and Pavments. Product prices may be revised from time to time by Seller.All payments shall be made in U.S.currency. All late payments will bear interest at the rate of the lesser of 2%per month or the maximum allowable by applicable law. All government charges upon the production, shipment,sale,storage and disposal of the Products, including, but not limited to, use,occupation,export and import taxes and duties,shall be paid by Buyer. If credit is extended, Seller may withdraw or modify credit terms at any time without notice. If Seller determines it is insecure concerning Buyer's financial condition or Buyer has failed to timely pay for Products,Seller may revoke Buyer's credit, suspend or terminate performance on this and/or other orders,agreements or shipments,and seek other legal and/or equitable relief. 3. RETURNED GOODS.No goods may be returned for any reason without Seller's written permission. If returned for reasons other than Seller's error in tilling Buyer's order,the Buyer will receive a credit in the amount of the billed price of the goods returned less a handling charge not to exceed 25% on wallcovering and 15%on all other items, if returned in 90 days(30 days for wallcoverings)of the invoice date.Amount of credit given for materials returned after 90(30)days is subject to negotiation.Goods returned to Seller are to be shipped by the Buyer F.O.B.Seller's designated warehouse. 4. FAIR LABOR STANDARDS ACT. Seller warrants that all goods furnished hereunder have been produced in compliance with all applicable laws and regulations, including the applicable requirements of the Fair Labor Standards Act,as amended, and of regulations and orders of the U.S. Department of Labor issued hereunder. Seller also is in compliance with applicable requirements of Executive Order 11141 and 11246,as well as the Rehabilitation Act of 1973,as amended. 5. FORCE MAJEURE. Seller shall not be liable for delays in delivery or performance,or for failure to manufacture,deliver or perform, due to(1)a cause beyond its reasonable control,or(2)an act of God, act of Buyer, act of civil or military authority, governmental priority, strike or other labor disturbance,flood,epidemic,war, riot,delay in transportation or car shortage,or(3) inability on account of a cause beyond the reasonable control of Seller to obtain necessary materials(including energy source),components, services or facilities. Quantities so affected shall be eliminated from this contract without liability, but this contract shall otherwise remain unaffected. Seller may,during any period of shortage due to any of the above causes, allocate its supply of raw materials among its various uses therefor(e.g., manufacturing and sales) in such manner as Seller deems practicable and allocate its supply of such goods among such various users thereof in any manner which Seller deems fair and reasonable. 6. LIMITED WARRANTY.Subject to the `limitation of liability"section below,the Manufacturer and/or Seller warrants that the goods sold hereunder will conform to Manufacturer's standard specifications. MANUFACTURER AND/OR SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS, WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER. 7. LIMITATION OF LIABILITY. Buyer shall give written notice of any claim within thirty(30)days of the date of delivery and any action for breach of this contract must be commenced within one year after the cause of action has accrued. MANUFACTURER AND/OR SELLER SHALL NOT BE RESPONSIBLE, OBLIGATED OR LIABLE FOR ANY APPLICATION OR USE OF OR TO WHICH THE PRODUCTS DELIVERED HEREUNDER MAY BE PUT EITHER SINGLY OR IN COMBINATION WITH OTHER PRODUCTS OR INGREDIENTS. FURTHER, IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT BUYER'S EXCLUSIVE REMEDY AND MANUFACTURER'S AND/OR SELLER'S SOLE LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES TO BUYER RESULTING FROM ANY CAUSE WHATSOEVER INCLUDING MANUFACTURER'S AND/OR SELLER'S NEGLIGENCE,ALLEGED DAMAGED OR DEFECTIVE GOODS,IRRESPECTIVE OF WHETHER SUCH DEFECTS ARE DISCOVERABLE OR LATENT,SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PARTICULAR PRODUCTS WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED, OR AT THE ELECTION OF THE MANUFACTURER AND/OR SELLER,THE REPAIR OR REPLACEMENT OF DEFECTIVE OR DAMAGED PRODUCTS.IN NO EVENT,INCLUDING IN THE CASE OF A CLAIM OF NEGLIGENCE,SHALL MANUFACTURER AND/OR SELLER BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. 8. Related Products. "Related products"are goods not manufactured by Seller, or that are supplied as an accommodation to Buyer.Seller has no responsibility for related products,and such products, as between Buyer and Seller, are accepted by Buyer "as is",all prices are F.O.B. related product manufacturer's factory.SELLER MAKES NO,AND HEREBY DISCLAIMS ANY WARRANTY FOR RELATED PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING,WITHOUT LIMITATION,ANY WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.THE SOLE WARRANTY,IF ANY, CONCERNING RELATED PRODUCTS SHALL BE THAT OF THE RELATED PRODUCTS MANUFACTURER. Buyer agrees that Seller shall not be liable for claims,damage, injuries, delays or other loss arising from related products. Although Buyer and Seller agree Seller has no responsibility for related products, if Seller is nonetheless determined to be liable for such products,Seller's SOLE AND EXCLUSIVE OBLIGATION shall be limited to the difference between the related product manufacturer's price to Seller and Seller's price to Buyer for related product which is the subject of the specific dispute or claim. I FORM 7660-AN PRINTED IN U.S.A.(2-10) 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 364397 AKZO NOBEL PAINTS LLC-GLIDDEN Purchase Order No. 62802 COLLECTIONS CENTER DR Terms CHICAGO, IL 60693-0628 Due Date 6/25/2013 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 6/25/2013 8003012666 $903.15 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 61 icer VOUCHER # 131896 WARRANT# ALLOWED 364397 IN SUM OF $ AKZO NOBEL PAINTS LLC-GLIDDEN 62802 COLLECTIONS CENTER DR CHICAGO, IL 60693-0628 Carmel Water .Utility i ON ACCOUNT OF APPROPRIATION FOR Board members PO# INV# ACCT# AMOUNT Audit Trail Code 8003012666 01-6200-06 $903.15 i Voucher Total $903.15 Cost distribution ledger classification if claim paid under vehicle highway fund