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Home My WebLink About227877 1/9/2014 C.yti• CITY OF CARMEL, INDIANA VENDOR: 00351580 Page 1 of 1 ONE CIVIC SQUARE STRYKER MEDICAL CARMEL, INDIANA 46032 PO BOX 93308 CHECK AMOUNT: $55.71 CHICAGO IL 60673 •+.,,,o� oCHECK NUMBER: 227877 CHECK DATE: 1/9/2014 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1120 4237000 1411203 55 . 71 REPAIR PARTS INVOICE stryker® p:::: 1066238 MAKE.PA.....YMENT TO, .......... . . ... CARMEL FIRE EMS STRYKER SALES CORPORATION 2 CARMEL CIVIC SO P.O. BOX 93308 CARMEL, IN 46032 CHICAGO, IL 60673-3308 PH - 1-800-733-2383 ::CONTACT:..... . . .................... ........ ...... . ..... ... .....I.............. ........ I....I. .. .......... .......... ...... STRYKER MEDICAL CARMEL FIRE EMS 1901 Romence Rd Parkway Portage, MI 49002 2 CARMEL CIVIC SQ Phone Number: (800)327-0770 CARMEL, IN 46032 Fax Number: (866) 551-2618 www.stryker.com Service Invoice ... ....... INVOICE NUMBER ....... ........ 0 DW.....A....U...M....B...E..R..: .� ...... .......A.......t...M..... N...UV ............... ..... ..CUSTOMER:P0..: ........ .... ...... ........ 1411203 M 12/10/13 strykerparts 12.10.13 07484248 SV 959763941 1 of 1 ..........I ....... TERMS....: ............. ... ....SHIPPING:METHOD ....... q Net 30 days ................ ................ SHIP.PINGJNSTRU.CTIONS: X. .................... ....... . ..... :NUM.::........ ........ ... .... ....... 101040504 ...... -EXTENDED*: auANTITY UOM. DESCRIPTION:: NUMBER, PlRIC8:dq .... ......... EA WHEEL,ASS'Y,6 IN. MOLDED 6060002010 55.71 55.71 . ................ .......... CLAIMS FOR SHORT SHIPMENT MUST BE MADE WITHIN 30 DAYS LE$.::TAX ::.SA ... . .................. ... ............. OF RECEIPT. NO MERCHANDISE MAY BE RETURNED TO STRYKER ............... .... ...... FOR CREDIT WITHOUT OUR EXPRESS PERMISSION IN ADVANCE. 55.71 0.00 55.71 Subject to applicable shipping and handling charges. Invoice Terms and Conditions 1. General. "Seller" means Stryker Corporation, a Michigan corporation, and/or any THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS SOLD SUBJECT division or subsidiary identified on the front of this invoice. "Buyer" means the TO THESE TERMS AND CONDITIONS AND IS EXPRESSLY IN LIEU OF ANY person,firm or corporation executing an order for goods supplied by Seller(hereinafter OTHER WARRANTY BY SELLER, EXPRESSED OR IMPLIED, INCLUDING "Products").Seller shall be bound by all terms and conditions of this invoice upon the ANY IMPLIED WARRANTY OF MERCHANTABILITY.OR FITNESS FOR A occurrence of any of the following:(a)an order or acceptance is received from Buyer PARTICULAR PURPOSE. in response to Seller's quotation,or(b)written acceptance of Buyer's order is delivered (b) Stryker will hold Buyer harmless from and will indemnify Buyer for any and all to Buyer by Seller,or(c)Seller shall not have tendered refusal of such order to Buyer liability incurred resulting directly from a defect in workmanship or design of the within thirty (30) days after receipt by Seller of such order. These Terms and product. This indemnification applies only if the instructions outlined in the labeling, Conditions are in lieu of and replace any and all terms and conditions set forth in any manual,and/or instructions for use are followed. This indemnification will not apply documents issued by Buyer. Any additional, different, or conflicting terms and to any liability arising from: (a) an injury due to the negligence of any person other conditions on any such document issued by Buyer at any time are hereby rejected by than an employee or agent of Stryker; (b) the failure of any person other than an Seller and shall not be binding in any way on Seller. employee or agent of Stryker to follow any instructions for use of the product;or(c) 2.Price. the use of any product not purchased from Stryker or product that has been modified. (a)Unless otherwise indicated,prices do not include,and Buyer is responsible for and altered or repaired by any person other than an employee or agent of Stryker. Buyer agrees to pay(unless Buyer shall provide Seller at the time an order is submitted with will hold Stryker harmless from and indemnify Stryker for any claims or losses or an exemption certificate or other documents acceptable to taxing or custom injuries arising from (a). (b), or (c) arising from the acts of the negligent acts or authorities), all sales, use, value added, excise and all other federal, state or local or omissions of Buyer or its officers,employees or agents. foreign taxes, import or customs fees and duties associated with an order, however (c) In no event will Stryker's liability arising in connection with or under this invoice _ designated, except for Seller's franchise taxes and taxes on Seller's net income. If (whether under the theories of breach of contract, tort, misrepresentation, fraud, applicable,a separate charge for taxes will be shown on Seller's invoice. warranty, negligence, strict liability or any other theory of law)exceed the purchase (b) The price shown on this invoice is net of discounts provided at the time of price,current market value or residual value of the Products whichever is less.BUYER purchase. Some of the Products listed on this invoice may be subject to rebates or WILL IN NO EVENT BE ENTITLED TO,AND STRIKER WILL NOT BE LIABLE discounts, for which separate documentation is provided by Seller. Buyer nmst(i) FOR, DIRECT. INDIRECT. SPECIAL. INCIDENTAL, CONSEQUENTIAL OR claim the value of all rebates or discounts in the buyer fiscal year earned or the PUNITIVE DAMAGES OF ANY NATURE. INCLUDING, BUT NOT LIMITED immediately following fiscal year, (ii) properly report and appropriately reflect TO,LOSS OF PROFIT OR REVENUE. discounts and rebates in Medicare/Medicaid cost reports and all claims for payment 7.Force Majeure.Neither Party to this Agreement will be liable for any delay or failure filed with third-party payors as required by law or contract,and(iii)provide agents of of performance that is the result of any happening or event that could not reasonably the United States or a state agency with access to all information from Seller have been avoided or that is otherwise beyond its control, provided that the Party concerning discounts and rebates upon request. hindered or delayed immediately notifies the other Party describing the circumstances 3. Payment Terms. Unless otherwise indicated, this invoice shall be paid in full by causing delay. Such happenings or events will include,but not be limited to,terrorism, Buyer net thirty(30)days. Any amount not paid on time may be subject to a late fee of acts of war,riots,civil disorder,rebellions,fire,flood,earthquake,explosion,action of 1'/z%per month prorated(18%per annum),or the maximum interest rate allowable by the elements, acts of God, inability to obtain or shortage of material, equipment or law whichever is the highest. Additionally, Buyer may be subject to a fee of Fifty transportation, governmental orders, restrictions, priorities or rationing, accidents and Dollars($50.00)USD for any checks returned unpaid to Seller for any reason. In the strikes,lockouts or other labor trouble or shortage. event an attorney is employed or expense is incurred to compel payment of the invoice 8. Default and Cancellation. In the event of Buyer's default in payment for the or to declare any action or proceeding is commenced,Buyer agrees to pay all costs and Products purchased hereunder upon the terms and conditions agreed upon with Seller. expenses associated with collection of unpaid sums, including but not limited to Buyer shall be responsible for all reasonable costs and expenses(including reasonable attorney's fees. Seller, in its sole discretion, reserves the right to change terms of attorney's fees) incurred by Seller in collection of any sums owing by Buyer, and payment and/or discontinue further shipments, without prejudice to any other lawful Seller shall not be obligated to make any further deliveries to Buyer. Should Buyer remedy,until past due payments are made and satisfactory assurances of Buyer's credit elect to cancel its order, in whole or in part, Buyer shall be liable to Seller for standing is received by Seller. reasonable cancellation charges that shall include but not be limited to all costs and 4. Delivery and Title. Unless otherwise provided on the face of this invoice,delivery expenses incurred by Seller in connection with procuring and filling Buyer's purchase terms are FOB Seller's plant. Delivery shall be deemed to have been made when order. Buyer's shipment has been delivered to a carrier,specified by Buyer on purchase order 9.Returns.Products returned by Buyer for credit.replacement and/or repair shall be in or equivalent. In the event that Buyer does not specify the carrier,the carrier may be at accordance with the return policy of Seller, a copy of which may be obtained upon Seller's option. Title of the Products sold hereunder shall pass to Buyer upon delivery written request to Seller. by Seller. However, Buyer hereby agrees that Seller shall retain a purchase money 10.Compliance With Law;Not For Resale or Export. Buyer agrees to comply with all security interest in the Products, and to any proceeds from the disposition of such applicable laws and regulations of the various states and of the United States in the use Products,until the purchase price and other charges due Seller shall have been paid in of the Products. Buyer agrees and represents that it is buying for its own internal use full. Upon any default by Buyer hereunder, Seller shall have any and all rights and only;and-not-for resale or export. - - remedies of secured party under the Unifornied Commercial Code which right shall he 11. General. Except as provided below, neither Party may assign this Agreement cumulative. without the prior written consent of the other Party,except that Stryker will have the 5. Inspection and Acceptance. Upon receipt of the Products. Buyer agrees to inspect right to assign this Agreement or any rights under or interests in this Agreement to any and/or test the Products.The Products shall be deemed accepted by Buyer unless Buyer parent, subsidiary or affiliate of Stryker. All of the terms and provisions of this provides Seller a timely written notice specifically noting any defects or discrepancies Agreement will be binding upon, will more to the benefit of, and be enforceable by in the quality or quantity of the Products received. All notices regarding successors and assigns of the Parties to this Agreement. This Agreement will not nonconforming Products, shortages, rejection or revocation of acceptance must be confer any right or remedy upon any person other than the Parties hereto and their made in writing and received by Seller no later than thirty(30)days from the date of respective successors and permitted assigns. This Agreement and document referred Seller's invoice, which Buyer agrees is a reasonable time frame within which to herein constitutes the entire agreement between the Parties with respect to this subject diligently inspect and provide notice to Seller. Buyer waives any right to reject the matter,and any modification or amendments to this Agreement must be in wfiting,and shipment or revoke acceptance thereafter. signed by both Parties. If any provision of this Agreement is deemed illegal,invalid or 6.Warranties,Indemnity and Limitations of Liability. unenforceable the Parties will endeavor to replace it by another provision that will as (a) Unless otherwise provided in Seller's Price Catalog, the Products are warranted closely as possible reflect their original intention. No right or remedy conferred in this free from manufacturing and material defects for a period of one year after delivery of Agreement is intended to be exclusive of any other right or remedy,and each and every same. Any Products that become defective during this period shall be repaired or right and remedy will be cumulative and in addition to any other right or remedy given replaced either at Seller's plant or Buyer's location, such determination being of now or existing in law or in equity or by statute. The validity, legality and Seller's sole discretion.All warranties hereunder are made subject to the proper use by enforceability of the remaining provisions will not in any way be affected or impaired Buyer in the application for which such products were intended.The warranty provided thereby. IN NO EVENT WILL EITHER PARTY BE LIABLE(WHETHER ARISING hereunder does not cover any Products (i) that have been misused, modified, IN CONTRACT, TORT, WARRANTY OR OTHERWISE) FOR ANY SPECIAL, refurbished or repaired without the prior consent of Seller.(ii)that have been subjected INDIRECT, INCIDENTAL, EXEMPLARY. PUNITIVE. OR CONSEQUENTIAL to unusual stress or have not been properly maintained or(iii)on which any original DAMAGES (INCLUDING, BUT NOT LIN41TED TO. LOSS OF ANTICIPATED serial numbers or other identification marks have been removed or destroyed. In any PROFITS. This Agreement will be governed by and construed in accordance with the event. Sellers liability shall be limited to the replacement value of any damaged or laws of the Stale of Michigan as applicable to contracts made and to be performed in defective part. THE EXPRESS WARRANTY SET FORTH IN THIS SECTION 6 IS that state,without regard to conflicts of laws principles. Invoice Terms and Conditions Final 101006 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)) 1411203 $55.71 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 20 Clerk-Treasurer ,L VOUCHER NO. WARRANT=NO. ALLOWED 20 Stryker Medical IN SUM OF $ P.O. Box 93308 Chicago, IL 60673 lb $55.71 ON ACCOUNT OF APPROPRIATION FOR Carmel Fire Department PO#/Dept. INVOICE NO. ACCT#/TITLE AMOUNT Board Members 1120 1411203 I 42-370.00 I $55.71 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 JAN 6 11hw-, Fire Chief Title Cost distribution ledger classification if claim paid motor vehicle highway fund