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HomeMy WebLinkAbout232724 05/21/14 4�q M. CITY OF CARMEL, INDIANA VENDOR: 359271 ® ONE CIVIC SQUARE ADVANCED DRAINAGE SYSTEMS CHECK AMOUNT: $*****1,216.70* CARMEL, INDIANA 46032 1688 RELIABLE PARKWAY CHECK NUMBER: 232724 _��'��imi�°'_ CHICAGO IL 60686 CHECK DATE: 05/21/14 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 2200 4462000 16412549 671.02 OTHER STRUCTURE IMPRO 2200 4462000 16415131 534.31 OTHER STRUCTURE IMPRO 2200 4462000 16415382 11.37 OTHER STRUCTURE IMPRO Advanced Drainage Systems PAGE 1 288 Lafayette Street PO BOX 809 ® London OH 43140 ADVANCED DRAINAGE SYSTEMS,INC. INVOICE DATE MAY 06,2014 www.a5B-pipe.com 51-0105865 INVOICE NO. 16415382 CREDIT/DEBIT NO. 002439 0264 PMT.DUE DATE JUN 05,2014 CUST NO. 136878 ORDER NO. 11350217/2618695 PMT.DUE $11.37 BILL TO CUST NO. 136878 CUST P.O.NO. SHIP DATE MAY 06,2014 SALES REP NAME Adams,John E. WAREHOUSE P48 SHIP TO CARMEL STREET DEPARTMENT Attn:Accounts Payable 3400 WEST 131ST STREET CARMEL STREET DEPARTMENT WESTFIELD IN 46074 3400 WEST 131ST STREET WESTFIELD IN 46074 TERMS NET 30 BOL.NO. 2352031 TRACKING,NUMBER 0 N O " QTY= -QTY -U/M--PR^nUC-T_-NJMBER--DESCRIP-TION- —-UNFS-P-RIGB- AMOUNT--- G ORDERED SHIPPED a m 1 1 EA 1067AA 10".DWALL END CAP.(3BG) I L290 11.29 r FUEL SURCHARGE 0.08 INVOICE TOTAL $11.37 USI m a CSA BCOLLINS ENTERED BY BCOLLINS d Freight and Special Order Disclaimer - h 1.Quotm must be accepted within 30 days from above quotation date.Orders must be shipped within 30 days of order placement. 2.FreighNDmp charges will apply per the following parameters(order values listed below are not inclusive of Nyloplast,Baysaver,or Inserts Tee or non stock special order products which will incur actual freight charges or fuel surcharge as appropriate): a.All orders S3,500 or greater will be delivered freight prepaid. - oN b.AB orders less than 53,500 where ADS has ample time to match up the remainder of tnrck will loam a$50(minimum)drop charge. G -r c.AB orders less than$3,500 where ADS does not have ample time to match up the remainder of truck will incur the actual common carrier LTL rate. o d.Thmc drop charges are separate and in addition to any applicable fuel surcharges. 3.ADS reserves the right to requom when the quantities change by more than 10%.Prices quoted do not include state,local or use taxes.Prices quoted are based on the total project.Specific products such as Nyloplast N Drain and Catch Basins,Custom pipe or Specialty fabricated products will be offered only as an engineered system with ADS pipe.All returns are subject to a 25%restocking fee.Fittings,Nyloplast,non-standard - geotexfles and specialty ordered items cannot be returned The quantities listed—estimated based on our interpretations of the project quantities.The bidder is responsible for confirming quantities.ADS does not imply cn D t] that the material will be accepted on my jobsite for any specific project unless stated otherwise.Technical certification is available upon request. �j TO REQUEST EMAIL DELIVERY OF FUTURE INVOICES OR IF YOU HAVE QUESTIONS RELATED TO THIS INVOICE,PLEASE CALL 800-658-2809 OR FAX 866420-9551.INQUIRIES MUST BE N SUBMITTED WITHIN 30 DAYS FROM DATE OF INVOICE. .= A 1.00%PER MONTH(A RATE OF 12.00%PER ANNUM)SERVICE CHARGE WILL BE BILLED ON PAST DUE AMOUNT.BUYER ACCEPTS ALL TERMS AND CONDITIONS ON BOTH SIDES HERE OF THIS FORM,NONE OF WHICH MAY BE CHANGED BY BUYER ACCEPTANCE OF ANY SHIPMENT BY BUYER IS AN ACCEPTANCE OF THE TERMS OF THIS DOCUMENT,NOT WITHSTANDING ANY TERMS OR CONDITIONS CONTAINED IN ANY ACKNOWLEDGEMENT OR OTHER FORM OF BUYER.SUBJECT TO TERMS AND CONDITIONS PRINTED ON REVERSE SIDE. *SEND BOTTOM PORTION WITH PAYMENT ENCLOSED IN ENVELOPE* PAYMENT COUPON CUST NO. BILL TO CUST NO. INVOICE NO PAYMENT DUE PAYMENT DUE DATE BILL TO REMIT TO ***CONTINUED*** 645337(PCO) TERMS AND CONDITIONS OF SALE 1. PRICES.: Prices for Advanced Drainage Systems,Inc.("Seller')products as quoted by Seller.will be.made available for.Buyers acceptance for 30 days fromthe quotation date and are thereafter subject to change or withdrawal. Seller reserves the right to change any pricing terms when the quantities change.by more than 10%. All products will be shipped within 30 days from the date of Seller's acknowledgement of Buyer's order. 2. CREDIT APPROVAL: All sales and shipments are subject at all times to credit approval by Seller. 3. TAXES: Buyer shall be responsible for payment of all taxes associated with the sale,delivery,storage,processing;use or consumption of any of the products covered hereby. 4. PERMISSIBLE VARIATIONS:Variations in the products as to components,dimensions,quantity and the like shall.be permissible and shall not constitute cause for Buyers rejection of any product variations that fall within the applicable ASTM and/or AASHTO product specifications in effect at the time of manufacture. 5. INSPECTION AND REJECTIONS:Any claim by Buyer based upon delivery,of products that are of incorrect size, type or quantity,,or have been damaged in shipment,, ascertainable upon visual inspection thereof,must be presented to Seller or its representative within 15 days following date.of receipt of such non-conforming.or damaged products by Buyer. In the absence of.any such claim within 15 days,Buyer's receipt of any products delivered hereunder shall be an unqualified acceptance and a waiver by Buyer of any and all claims related to incorrect size,type or quantities or shipment damage. No claim of any kind,whether as to products delivered or for nondelivery of products,and whether or not, based on negligence or other tort,shall be greater in amounts than the purchase price of the products'in respect of which such claim is made.. 6. STATEMENT OF LIMITED WARRANTY: a) Limited Warranty. Subject to the limitations and exclusions set forth below, Sellerwarrants that the products to be delivered hereunder shall be free from defects in materials and workmanship in normal use and service.This warranty is applicable only to Buyer and there are no other intended beneficiaries of this warranty. b) Warranty Limitations and Exclusions: (i) For the warranty to apply,the products must be installed in accordance with all site conditions.required by state and local codes,applicable product or.industry. specifications and guidelines,manufacturers installation recommendations and other applicable laws. Specifically excluded from the warranty are damages to the products arising from ordinary,wear and tear,alteration or repair by anyone other than Seller,accident,misuse,abuse or neglect,or any other event not caused by. Seller. (ii) Sellers obligation under this warranty shall not include any transportation charges or,costs of installation.' (iii) Except as specified above,no other express warranty is given and.no affirmation on Seller's part or on the part of Seller's representatives or agents,byword or act, shall constitute a warranty or otherwise alter,vary or expand the express warranty set forth above. (iv) IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF BUYER OR ANY THIRD PARTY,including loss of production and profits,labor and materials,overhead costs or other loss or expenses incurred by Buyer or any third party. (v) TO THE EXTENT ALLOWED BY LAW;THE WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS(WHETHER EXPRESS,IMPLIED OR STATUTORY),INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE: c) Claims:Remedies.All claims made under this warranty shall be presented to.Seller in writing at Sellers corporate headquarters,4640 Trueman Boulevard,Hilliard,Ohio 43026,no later than sixty(60)days after Buyers discovery of defects in the products for which such claim is made. Any claim under this warranty that isnot so presented to Seller in writing within sixty(60)days after discovery shall be deemed unconditionally waived. Seller agrees to replace those products determined by Seller to be defective and covered by this warranty. The supply of replacement products is the sole remedy of Buyer for breaches of this warranty. Seller's liability specifically excludes the cost of removal of the replaced products and/or installation of the replacement products. 7, EXCUSED PERFORMANCE—FORCE MAJEURE:Seller shall not be held responsible for any delay in performance under these Terms and Conditions of Sale resulting in whole or in part from or made impossible or impracticable by any cause beyond the control of Seller, including, but not limited to,terrorism, natural disaster,war,fire,explosion, accident,breakdown,strike,adverse weather conditions,failure or refusal of any carrier to transport materials,delay in transport thereof,inability to obtain,on terms deemed by Seller to be commercially practicable,any raw material or other needed resources(including energy),failure of any transportation media,sale or transfer of manufacturing facilities,embargo or any act of God or action or request of any governmental authority,failure or refusal of any carrier or contractor,or any other contingency or delay or failure or cause beyond Sellers control. 8. HANDLING AND USE OF PRODUCTS: Even if Seller offers directions, recommendations or suggestions-for the use-of products delivered hereunder; it is solely Buyer's responsibility to determine whether products are suited for Buyer's specific needs,and there are no representations or.warranties except as.set forth herein. Buyer assumes full responsibility for compliance with all governmental laws,rules and regulations governing,and assumes all risks and liabilities arising from,unloading,discharge,storage,handling, installation,and use of Seller's products,including use of Seller's products as part of or connection with other equipment or materials. Buyer agrees to indemnify Seller,its agents and employees for any and all claims,liabilities and expenses arising out of or caused by the failure to comply with the terms set forth herein or to follow instructions,warnings or recommendations furnished by Seller in connection with any products delivered hereunder. 9. LIMITATION OF ACTIONS: No action arising out of these Terms and Conditions of Sale shall be brought by Buyer against Seller more than two years after the accrual of the., cause of action therefor. g 10. CHOICE OF LAW: These Terms and Conditions of Sale and the,transactions contemplated hereby shall be governed in all respects by the laws of the State of Ohio,without 00 reference to its choice of law principles. 11. RETURNS/RESTOCKING CHARGES: Seller reserves the right to reject the return of any.products returned by Buyer pursuant to these Terms and Conditions of Sale. All i3 returned products must be in resaleable condition,undamaged and in standard inventory packages and/or coils(no partial coils;pieces,etc.will be accepted for credit).Productsm accepted for return by Seller are subject to a restocking charge,including any applicable freight/shipping charges,based upon the price in effect at the time of original sale. Special order items cannot be returned. 12. NO OTHER TERMS:ANY TERMS OR CONDITIONS ON BUYER'S PRINTED FORMS OR ANY OTHER DOCUMENT OF BUYER SHALL NOT APPLY.ACCEPTANCE OF ANY GOODS SHIPPED WILL CONFIRM BUYER'S ASSENT TO.THESE TERMS AND CONDITIONS OF SALE EXCLUSIVELY WITHOUT MODIFICATION. 13. BUYER ACCEPTS ALL.TERMS AND CONDITIONS HEREOF,.NONE OF WHICH MAY BE CHANGED BY BUYER.-ACCEPTANCE OF ANY SHIPMENT BY BUYER IS AN . ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE,NOTWITHSTANDING ANYACT OF SELLER INCLUDING SHIPMENT ORACCEPTANCE OF PAYMENTS,AND NOTWITHSTANDING ANY TERMS OR CONDITIONS CONTAINED IN ANY ACKNOWLEDGMENT OR OTHER DOCUMENT OF BUYER. 14. SERVICE CHARGE AND COLLECTION:A 1%per month(a rate of 12%per annum)service charge will be due and billed on past due amounts. Buyer shall be responsible for paying any costs associated with any collection effort,including,but not limited to,reasonable attorney fees as permitted by state law. QTY U/M PRODUCT NUMBER DESCRIPTION UNIT PRICE AMOUNT HIPPED TO PAY BY CREDIT CARD CALL 888-524-7373 51, 002439 0104 0 e r 'w a 645331(PCO) TERMS AND CONDITIONS OF SALE 1. PRICES: Prices for Advanced Drainage Systems,Inc.("Seller")products as quoted by Seller will be made available for Buyer's acceptance for 30 days from the quotation date and are thereafter subject to change or withdrawal. Seller reserves the right to change any pricing terms when the quantities change by more than 10%. All products will be shipped within 30 days from the date of Seller's acknowledgement of Buyer's order. 2. CREDIT APPROVAL: All sales and shipments are subject at all times to credit approval by Seller. 3. TAXES: Buyer shall be responsible for payment of all taxes associated with the sale,delivery,storage,processing,use or consumption of any of the products covered hereby. 4. PERMISSIBLE VARIATIONS:Variations in the products as to components,dimensions,quantity and the like shall be permissible and shall not constitute cause for Buyer's rejection of any product variations that fall within the applicable ASTM and/or AASHTO product specifications in effect at the time of manufacture. 5. INSPECTION AND REJECTIONS: Any claim by Buyer based upon delivery of products that are of incorrect size, type or quantity, or have been damaged in shipment, ascertainable upon visual inspection thereof,must be presented to Seller or its representative within 15 days following date of receipt of such non-conforming or damaged products by Buyer. In the absence of any such claim within 15 days,Buyer's.receipt of any products delivered hereunder shall be an unqualified acceptance and a waiver by Buyer of any and all claims related to incorrect size,type or quantities or shipment damage. No claim of any kind,whether as to products delivered or for nondelivery of products,and whether or not based on negligence or other tort,shall be greater in amounts than the purchase price of the products in respect of which such claim is made. 6. STATEMENT OF LIMITED WARRANTY: a) Limited Warranty. Subject to the limitations and exclusions set forth below, Seller warrants that the products to.be delivered hereunder shall be free from defects in materials and workmanship in normal use and service.This warranty is applicable only to Buyer and there are no other intended beneficiaries of this warranty. b) Warranty Limitations and Exclusions. (i) For the warranty to apply,the products must be installed in accordance with all site conditions required by state and local codes,applicable product.or industry specifications and guidelines,manufacturer's installation recommendations and other applicable laws. Specifically excluded from the warranty are damages to the products arising from ordinary wear and tear,alteration or repair by anyone other than Seller,accident,misuse,abuse or neglect,or any other event not caused by Seller. (ii) Seller's obligation under this warranty shall not include any transportation charges or costs of installation. (iii) Except as specified above,no other express warranty is given and no affirmation on Seller's part or on the part of Seller's representatives or agents,by word or act, shall constitute a warranty or otherwise alter,vary or expand the express warranty set forth above. (iv) IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL,INDIRECT OR CONSEQUENTIAL DAMAGES OF BUYER OR ANY THIRD PARTY,including loss of production and profits,labor and materials,overhead costs or other loss or expenses.incurred by Buyer or any third party. (v) TO THE EXTENT ALLOWED BY LAW,THE WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS(WHETHER EXPRESS,IMPLIED OR STATUTORY),INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. c) Claims:Remedies. All claims made under this warranty shall be presented to Seller in writing at Seller's corporate headquarters,4640 Trueman Boulevard,Hilliard,Ohio 43026,no later than sixty(60)days after Buyer's discovery of defects in the products for which such claim is made. Any claim under this warranty that is not so presented to Seller in writing within sixty(60)days after discovery shall be deemed unconditionally waived. Seller agrees to replace those products:determined by Seller to be defective and covered by this warranty. The supply of replacement products is the sole remedy of Buyer for breaches of this warranty. Seller's liability specifically excludes the cost of removal of the replaced products and/or installation of the replacement products. 7. EXCUSED PERFORMANCE—FORCE MAJEURE:Seller shall not be held responsible for any delay in performance under these Terms and Conditions of Sale resulting in whole or in part from or made impossible or impracticable by any cause beyond the control of Seller, including, but not limited to,terrorism, natural disaster',war,fire,explosion, accident,breakdown,strike,adverse weather conditions,failure or refusal of any carrier to transport materials,delay in transport thereof,inability to obtain,on terms deemed by Seller to be commercially practicable,any raw material or other needed resources(including energy),failure of any transportation media,sale or transfer of manufacturing facilities,embargo or any act of God or action or request of any governmental authority,failure or refusal of any carrier or contractor,or any other contingency or delay or failure or cause beyond Seller's control. 8. HANDLING AND USE OF PRODUCTS: Even if Seller offers directions, recommendations or suggestions for the use of products delivered hereunder, it is solely Buyer's responsibility to determine whether products are suited for Buyer's specific needs,and there are no representations or warranties except as set forth herein. Buyer assumes full responsibility for compliance with all governmental laws,rules and regulations governing,and assumes all risks and liabilities arising from, unloading,discharge,storage,handling, installation,and use of Seller's products,including use of Seller's products as part of or in connection with other equipment or materials. Buyer agrees to indemnify Seller,its agents and employees for any and all claims,liabilities and expenses arising out of or caused by the failure to comply with the terms set forth herein or to follow instructions,warnings or recommendations furnished by Seller in connection with any products delivered hereunder. 9. LIMITATION OF ACTIONS: No action arising out of these Terms and Conditions of Sale shall be brought by Buyer against Seller more than two years after the accrual of the, cause of action therefor. G 10. CHOICE OF LAW: These Terms and Conditions of Sale and the transactions contemplated hereby shall be governed in all respects by the laws of the State of Ohio,without reference to its choice of law principles. N 11. RETURNS/RESTOCKING CHARGES: Seller reserves the right to reject the return of any products returned by Buyer pursuant to these Terms and Conditions of Sale. All W returned products must be in resaleable condition,undamaged and in standard inventory packages and/or coils(no partial coils,pieces,etc.will be accepted for credit).Products07 accepted for return by Seller are subject to a restocking charge,including any applicable freight/shipping charges,based upon the price in effect at the time of original sale. Special order items cannot be returned. 12. NO OTHER TERMS:ANY TERMS OR CONDITIONS ON BUYER'S PRINTED FORMS OR ANY OTHER DOCUMENT OF BUYER SHALL NOT APPLY.ACCEPTANCE OF ANY GOODS SHIPPED WILL CONFIRM BUYER'S ASSENT TO THESE TERMS AND CONDITIONS OF SALE EXCLUSIVELY WITHOUT MODIFICATION. 13. BUYER ACCEPTS ALL TERMS AND CONDITIONS HEREOF,NONE OF WHICH MAY BE CHANGED BY BUYER. ACCEPTANCE OF ANY SHIPMENT BY BUYER IS AN ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE,NOTWITHSTANDING ANY-ACT OF SELLER INCLUDING SHIPMENT ORACCEPTANCE OF PAYMENTS,AND NOTWITHSTANDING ANY TERMS OR CONDITIONS CONTAINED IN ANY ACKNOWLEDGMENT OR OTHER DOCUMENT OF BUYER. 14. SERVICE CHARGE AND COLLECTION:A 1%per month(a rate of 12%per annum)service charge will be due and billed on past due amounts. Buyer shall be responsible for paying any costs associated with any collection effort,including,but not limited to,reasonable attorney fees as permitted by state law. STRAIGHT BILL OF LADING- ORIGINAL- NOT NEGOTIABLE Pa.q e 1 o '1 ,• TODAY'S DATE: 4�y.i-I•s1AY--`1=:� SHIPPER: l='48--Braz i 1 SCHEDULED DATE/ETA: (,'16--I AY* 14. '08.-00-.010 . C'=I aa i 1 S5 -MILES- TRIP I LES- . � Ee?� Advaanced Draainage Systems, Ince STOP SEQUENCE: / .TflAIIGHf�AI�I Brat i I IN 47934 BILL OF LADING NO.: 23.5208 1. ORDER NO.: 11350217 l 26 186951 -SHIPTO: CARMEL STREET DEPARTMENT CUSTOMER P.O. NO.: WESTF I ELD I trl CUSTOMER CONTACT- _ am Y 34.00 WEST 1.31ST STREET PREPAID WESTFIE 'L.D IN. 46074 , Customer Late SOLD TO: CARMI wl__ STREWET DEPARTMENT WES (FIELD IN 3400 WEST 131ST- .STREET' F WE STF I ELD ..IN 4E074 If this shipment is to be delivered to the consignee without recourse on the consignor,the consignor shall sign or stamp the following statement:The carrier may decline to make delivery of this shipment without payment of freight and all other lawful charges. , ' SIGNATURE(STAMP)OF CONSIGNOR - Notice:If this shipment is arranged through a broker,the carrier agrees that it will look solely to the broker for - payment of its charges and shall not seek payment from the shipper,consignee or beneficial owner of the shipment. NOTE:ADS installation procedures require lube for all Basketed pipe and fitting joints. - The appropriate quantity of lube will be shipped on all orders that require lube. DRIVER: FIT Z F' TRAILER NO.: QUANTITY QUANTITY SHIPPED RELEASED UOM PRODUCT NO. PRODUCT DESCRIPTION ' 1 J. EA 1067AA 10". DWALL END CAP. (3/136) THIS _SHIPMEI':IT IS CORRECTLY DE:.SC.RIBED. SHIPPER 6,lf-S RESP'ONS I.-BI_E FOR LOADING TRAILER AND COUNT I Ne THE FREIGHT CORRECT WE I GFIT I S': E LBS DE LI VI=RY {'MOTES e -------------- 1-31'77-7.3320Q,1 (Business) Pr,e caII Contact -- JIM HOBBS . Phone 3.17. 733. x=01.41 Requested aip Vim -. ADS ...0-H I P ASAI' CARRIER NAME. Advanced Drainage CUSTOMER (PRIEST) �_�•,—^� _____ Syst=-ems -LJSDOT 1:,)i9949 I have received, read and understand the ADS Loading Pre auticps. SrApment received subject to tJt9e Td. lspa.r-t'aatioil f' AgrePmen"'; between sh, ppe_r; nd carrier. DRIVER' S SICNATLtFtEo ___ CUS1-OMERS LS7'GNATCJRF==: Advanced Drainage Systems PAGE 1 288 Lafayette'Street PO BOX 809 ® London OH 43140 ADVANCED DRAINAGE SYSTEMS,INC. INVOICE DATE MAY 06,-2014 www.ags-pipe.com 51-0105665 INVOICE NO. - .16415131 CREDIT/DEBIT NO. 002439 0404 PMT.DUE DATE JUN 05,2014 CUST NO. 136878 ORDER NO. 11350217/2614274 PMT.DUE $534.31 BILL.TO CUST NO. 136878 _ CUST P.O.NO. - SHIP DATE MAY 06,2014 SALES REP NAME Adatns,John E.`, .. WAREHOUSE P48 SHIP TO . . CARMEL STREET DEPARTMENT Attn:Accounts Payable 3400 WEST 131ST STREET CARMEL STREET DEPARTMENT WESTFIELD IN 46074 3400 WEST 131ST STREET WESTFIELD IN 46074 TERMS NET 30 BOL.NO. . 2352032 TRACKING NUMBER 0. Q.T2'�-- --UFM- -P RODUCT_NUMBER=- -DESC-RIP-TION ;UNIT-PR:C-Er -A1`10i3NT- - c - ORDERED SHIPPED Cl) af 80 80 FT. 12850020DW 12".DWALLF2648.STIB.SOLID.20' . 4.950 396.00 2 . . 2 EA 1294ST 12".DWALL ST 45 DEG BEND(BxB) 54.880 109.76 4 4 EA 1265AA 12".SPLIT COUPLER 7.020 28.08 a 3 3 EA 0201LU 2#CAN LUBRICANT.(27XL) .000 0.00 o FUEL SURCHARGE 4.00 IB DISCOUNT -3.53 INVOICE TOTAL $534.31 USD o cli Ar N N V *SEND BOTTOM PORTION WITH PAYMENT ENCLOSED IN ENVELOPE* PAYMENT COUPON CUST NO. BILL TO CUST NO. INVOICE NO PAYMENT DUE PAYMENT DUE DATE BILL TO REMIT TO **:CONTINUED*** 845337(PCO) TERMS AND CONDITIONS OF SALE 1. PRICES: Prices for Advanced Drainage Systems,Inc.("Seller")products as quoted by Seller will be made available for Buyer's acceptance for 30 days from the quotation date and are thereafter subject to change or withdrawal. Seller reserves the right to change any pricing terms when the quantities change by more than 10%. All products will be shipped within 30 days from the date of Seller's acknowledgement of Buyer's order. 2. CREDIT APPROVAL: All sales and shipments are subject at all times to credit approval by Seller. 3. TAXES: Buyer shall be responsible for payment of all taxes associated with the sale,delivery,storage,processing,use or consumption of any of the products covered hereby. 4. PERMISSIBLE VARIATIONS:Variations in the products as to components,dimensions,quantity and the like shall be permissible and shall not constitute cause for Buyer's rejection of any product variations that fall within the applicable ASTM and/or AASHTO product specifications in effect at the time of manufacture. 5. INSPECTION AND REJECTIONS: Any claim by Buyer based upon delivery of products that are of incorrect size, type or quantity, or have been damaged in shipment, ascertainable upon visual inspection thereof,must be presented to Seller or its representative within 15 days following date of receipt of such non-conforming or damaged products by Buyer. In the absence of any such claim within 15 days,Buyer's receipt of any products delivered hereunder shall be an unqualified acceptance and a waiver by Buyer of any and all claims related to incorrect size,type or quantities or shipment damage. No claim of any kind,whether as to products delivered or for nondelivery of products,and whether or not based on negligence or other tort,shall be greater in amounts than the purchase price of the products in respect of which such claim is made. 6. STATEMENT OF LIMITED WARRANTY: a) Limited Warranty. Subject to the limitations and exclusions set forth below,Seller warrants that the products to be delivered hereunder shall be free from defects in materials and workmanship in normal use and service.This warranty is applicable only to Buyer and there are no other intended beneficiaries of this warranty. b) Warranty Limitations and Exclusions. (i) For the warranty to apply,the products must be installed in accordance with all site conditions required by state and local codes,applicable product or industry specifications and guidelines,manufacturer's installation recommendations and other applicable laws. Specifically excluded from the warranty are damages to the products arising from ordinary wear and tear,alteration or repair by anyone other than Seller,accident,misuse,abuse or neglect,or any other event not caused by Seller. (ii) Seller's obligation under this warranty shall not include any transportation charges or costs of installation. (m) Except as specified above,no other express warranty is given and no affirmation on Seller's part or on the part of Seller's representatives or agents,by word or act, shall constitute a warranty or otherwise alter,vary or expand the express warranty set forth above. (iv) IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF BUYER OR ANY THIRD PARTY,including loss of production and profits,labor and materials,overhead costs or other loss or expenses incurred by Buyer or any third party. (v) TO THE EXTENT ALLOWED BY LAW,THE WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS(WHETHER EXPRESS,IMPLIED OR STATUTORY),INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. c) Claims:Remedies. All claims made under this warranty shall be presented to Seller in writing at Seller's corporate headquarters,4640 Trueman Boulevard,Hilliard,Ohio 43026,no later than sixty(60)days after Buyer's discovery of defects in the products for which such claim is made. Any claim under this warranty that is not so presented to Seller in writing within sixty(60)days after discovery shall be deemed unconditionally waived. Seller agrees to replace those products determined by Seller to be defective and covered by this warranty. The supply of replacement products is the sole remedy of Buyer for breaches of this warranty. Seller's liability specifically excludes the cost of removal of the replaced products and/or installation of the replacement products. 7. EXCUSED PERFORMANCE—FORCE MAJEURE:Seller shall not be held responsible for any delay in performance under these Terms and Conditions of Sale resulting in whole or in part from or made impossible or impracticable by any cause beyond the control of Seller, including, but not limited to,terrorism, natural disaster,war,fire,explosion, accident,breakdown,strike,adverse weather conditions,failure or refusal of any carrier to transport materials,delay in transport thereof,inability to obtain,on terms deemed by Seller to be commercially practicable,any raw material or other needed resources(including energy),failure of any transportation media,sale or transfer of manufacturing facilities,embargo or any act of God or action or request of any governmental authority,failure or refusal of any carrier or contractor,or any other contingency or delay or failure or cause beyond Seller's control. 8. HANDLING AND USE OF PRODUCTS: Even if Seller offers directions, recommendations or suggestions for the use of products delivered hereunder, it is solely Buyer's responsibility to determine whether products are suited for Buyer's specific needs,and there are no representations or warranties except as set forth herein. Buyer assumes full responsibility for compliance with all governmental laws,rules and regulations governing,and assumes all risks and liabilities arising from,unloading,discharge,storage,handling, installation,'and use of Seller's-products,including use of Seller's products as part of or in connection with other equipment or materials. Buyer agrees to indemnify Seller,its agents and employees for any and all claims, liabilities and expenses arising out of or caused by the failure to comply with the terms set forth herein or to follow instructions,warnings or recommendations furnished by Seller in connection with any products delivered hereunder. 9. LIMITATION OF ACTIONS: No action arising out of these Terms and Conditions of Sale shall be brought by Buyer against Seller more than two years after the accrual of the. cause of action therefor. g 10. CHOICE OF LAW. These Terms and Conditions of Sale and the transactions contemplated hereby shall be governed in all respects by the laws of the State of Ohio,without reference to its choice of law principles. N 11. RETURNS/RESTOCKING CHARGES: Seller reserves the right to reject the return of any products returned by Buyer pursuant to these Terms and Conditions of Sale. All returned products must be in resaleable condition, undamaged and in standard inventory packages and/or coils(no partial coils, pieces,etc.will be accepted for credit). Productsd0 accepted for return by Seller are subject to a restocking charge,including any applicable freight/shipping charges,based upon the price in effect at the time of original sale. Special order items cannot be returned. 12. NO OTHER TERMS:ANY TERMS OR CONDITIONS ON BUYER'S PRINTED FORMS OR ANY OTHER DOCUMENT OF BUYER SHALL NOT APPLY.ACCEPTANCE OF ANY GOODS SHIPPED WILL CONFIRM BUYER'S ASSENT TO THESE TERMS AND CONDITIONS OF SALE EXCLUSIVELY WITHOUT MODIFICATION. 13. BUYER ACCEPTS ALL TERMS AND CONDITIONS HEREOF,NONE OF WHICH MAY BE CHANGED BY BUYER. ACCEPTANCE OF ANY SHIPMENT BY BUYER IS AN ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE,NOTWITHSTANDING ANYACT OF SELLER INCLUDING SHIPMENT OR ACCEPTANCE OF PAYMENTS,AND NOTWITHSTANDING ANY TERMS OR CONDITIONS CONTAINED IN ANY ACKNOWLEDGMENT OR OTHER DOCUMENT OF BUYER. 14. SERVICE CHARGE AND COLLECTION:A 1%per month(a rate of 12%per annum)service charge will be due and billed on past due amounts. Buyer shall be responsible for paying any costs associated with any collection effort,including,but not limited to,reasonable attorney fees as permitted by state law. QTY U/M PRODUCT NUMBER DESCRIPTION UNIT PRICE AMOUNT ADVANCEDDRAINAGESYSTEMS,INC.. WWW aGS�-P�r,(Pe dWLINS ENTERED BY BCOLLINS 51-01 99gmand Special Order Disclaimer , I'Quotes must be accepted within 30 days from above quotation date.Orders must be shipped within 30 days of order placement. 2.Fmight/Dmp charges will apply Per the following parameters(order values listed below are not inclusive of Nyloplast,Buysaver,or Inserm Tee or non stock special order products which will incm actual height charges or fuel surcharge es appropriate): a.All orders S3,500 or greater' he delivered freight prepaid. b.All orders les than$3,500 where ADS has ample time to match up the remainder of imek will incur a S50(minimum)drop charge. 002439 0304 ..All orders less than 53;500 where ADS does not have ample time to match up the remainder of truck will incm the actual common carrier LTL rate. d.These drop charges are separate and in addition to any applicable fuel surcharges. 3.ADS reserves the right to re-quote when the quantities change by marc than 10%.Prices quoted do not include state,local or use taxes.Prices quoted are based on the total project.Specific products such as Nyloplast Drain and Catch Basins,Custom pipe or Specialty fabricated products will be offered only as an engineered system with ADS pipe.All returns arc subject to a 25%restocking fee.Fittings,Nyloplast,non-standard geatextiles and specialty ordered items cannot be retumed.The quantities listed are estimated based on am interpretations of the project quantities.The bidder is responsible for confirraing quantities.ADS does not imply that the material will be accepted on any jobsite for my specific project unless stated otherwise.Technical certification is available upon request. TO REQUEST EMAIL DELIVERY OF FUTURE INVOICES OR IF YOU HAVE QUESTIONS RELATED TO THIS INVOICE,PLEASE CALL 800-658-2809 OR FAX 866-420-9551.INQUIRIES MUST BE SUBMITTED WITHIN 30 DAYS FROM DATE OF INVOICE. A 1.00%PER MONTH(A RATE OF 12.00%PER ANNUM)SERVICE CHARGE WILL BE BILLED ON PAST DUE AMOUNT.BUYER ACCEPTS ALL TERMS AND CONDITIONS ON BOTH SIDES HERE OF THIS FORM,NONE OF WHICH MAY BE CHANGED BY BUYER,ACCEPTANCE OF ANY SHIPMENT BY BUYER IS AN ACCEPTANCE OF THE TERMS OF TIES DOCUMENT,NOT WITHSTANDING ANY TERMS OR CONDITIONS CONTAINED IN ANY ACKNOWLEDGEMENT OR OTHER FORM OF BUYER.SUBJECT TO TERMS AND CONDITIONS PRINTED ON REVERSE SIDE. �t -ice VISA.AiX TO PAY BY CREDIT CARD CALL 888-524-7373 0 0 0 0 _S N - 645337(PCO) TERMS AND CONDITIONS OF SALE 1. PRICES: Prices for Advanced Drainage Systems,Inc.("Seller")products as quoted by Seller will be made available for Buyer's acceptance for 30 days from the quotation date and are thereafter subject to change or withdrawal. Seller reserves the right to change any pricing terms when the quantities change by more than 10%. All products will be shipped within 30 days from the date of Seller's acknowledgement of Buyer's order. 2. CREDIT APPROVAL: All sales and shipments are subject at all times to credit approval by Seller. 3. TAXES: Buyer shall be responsible for payment of all taxes associated with the sale,delivery,storage,processing,use or consumption of any of the products covered hereby. 4. PERMISSIBLE VARIATIONS:Variations in the products as to components,dimensions,quantity and the like shall be permissible and shall not constitute cause for Buyer's rejection of any product variations.that fall within the applicable ASTM and/or AASHTO product specifications in effect at the time of manufacture. 5. INSPECTION AND REJECTIONS:Any claim by Buyer based upon delivery of products that are of incorrect size, type or quantity, or have been damaged in shipment, ascertainable upon visual inspection thereof,must be presented to Seller or its representative within 15 days following date of receipt of such non-conforming or damaged products by Buyer. In the absence of any such claim within 15 days,Buyer's receipt of any products delivered hereunder shall be an unqualified acceptance and a waiver by Buyer of any and all claims related to incorrect size,type or quantities or shipment damage. No claim of any kind,whether as to products delivered or for nondelivery of products,and whether or not based on negligence or other tort,shall be greater in amounts than the purchase price of the products in respect of which such claim is made. 6. STATEMENT OF LIMITED WARRANTY: a) Limited Warranty. Subject to the limitations and exclusions set forth below, Seller warrants that the products to be delivered hereunder shall be free from defects in materials and workmanship in normal use and service.This warranty is applicable only to Buyer and there are no other intended beneficiaries of this warranty. b) Warranty Limitations and Exclusions. (i) For the warranty to apply,the products must be installed in accordance with all site conditions required by state and local codes, applicable product or industry specifications and guidelines,manufacturer's installation recommendations and other applicable laws. Specifically excluded from the warranty are damages to the products arising from ordinary wear and tear,alteration or repair by anyone other than Seller,accident,misuse,abuse or neglect,or any other event not caused by Seller. (ii) Seller's obligation under this warranty shall not include any transportation charges or costs of installation. (iii) Except as specified above,no other express warranty is given and no affirmation on Seller's part or on the part of Seller's representatives or agents,by word or act, shall constitute a warranty or otherwise alter,vary or expand the express warranty set forth above. (iv) IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL,INDIRECT OR CONSEQUENTIAL DAMAGES OF BUYER OR ANY THIRD PARTY,including loss of production and profits,labor and materials,overhead costs or other loss or expenses incurred by Buyer or any third party. (v) TO THE EXTENT ALLOWED BY LAW,THE LI TO THE PRODUCTS(WHETHER EXPRESS,IMPLIED OT D OR STATUTORY),INCLUDING ANY EXCLUSIVETH HEREIN IS PL EDIWARRANTY OF MERCHANTABIN LIEU OF ALL OTHER LITY OR FITNESS FOR A PARTICULAR PURPOSE. c) Claims:Remedies. All claims made under this warranty shall be presented to Seller in writing at Seller's corporate headquarters,4640 Trueman Boulevard,Hilliard,Ohio 43026,no later than sixty(60)days after Buyer's discovery of defects in the products for which such claim is made. Any claim under this warranty that is not so presented to Seller in writing within sixty(60)days after discovery shall be deemed unconditionally waived. Seller agrees to replace those products determined by Seller to be defective and covered by this warranty. The supply of replacement products is the sole remedy of Buyer for breaches of this warranty. Seller's liability specifically excludes the cost of removal of the replaced products and/or installation of the replacement products. 7. EXCUSED PERFORMANCE—FORCE MAJEURE:Seller shall not be held responsible for any delay in performance under these Terms and Conditions of Sale resulting in whole or in part from or made impossible or impracticable by any cause beyond the control of Seller, including, but not limited to,terrorism, natural disaster,war,fire,explosion, accident,breakdown,strike,adverse weather conditions,failure or refusal of any carrier to transport materials,delay in transport thereof,inability to obtain,on terms deemed by Seller to be commercially practicable,any raw material or other needed resources(including energy),failure of any transportation media,sale or transfer of manufacturing facilities,embargo or any act of God or action or request of any governmental authority,failure or refusal of any carrier or contractor,or any other contingency or delay or failure or cause beyond Seller's control. 8. HANDLING AND USE OF PRODUCTS: Even if Seller offers directions, recommendations or suggestions for the use of products delivered hereunder, it is solely Buyer's responsibility to determine whether products are suited for Buyer's specific needs,and there are no representations or warranties except as set forth herein. Buyer assumes full responsibility for compliance with all governmental laws,rules and regulations governing,and assumes all risks and liabilities arising from,unloading,discharge,storage,handling, installation,and use of Seller's products,including use of Seller's products as part of or in connection with other equipment or materials. Buyer agrees to indemnify Seller,its agents and employees for any and all claims,liabilities and expenses arising out of or caused by the failure to comply with the terms set forth herein or to follow instructions,warnings or recommendations furnished by Seller in connection with any products delivered hereunder. 9. LIMITATION OF ACTIONS: No action arising out of these Terms and Conditions of Sale shall be brought by Buyer against Seller more than two years after the accrual of then cause of action therefor. g 10. CHOICE OF LAW: These Terms and Conditions of Sale and the transactions contemplated hereby shall be governed in all respects by the laws of the State of Ohio,without reference to its choice of law principles. 11. RETURNS/RESTOCKING CHARGES: Seller reserves the right.to reject the return of any products returned by Buyer pursuant to these Terms and Conditions of Sale. All N returned products must be in resaleable condition, undamaged and in standard inventory packages and/or coils(no partial coils,pieces,etc.will be accepted for credit). Productsm accepted for return by Seller are subject to a restocking charge,including any applicable freight/shipping charges,based upon the price in effect at the time of original sale. Special order items cannot be returned. 12. NO OTHER TERMS:ANY TERMS OR CONDITIONS ON BUYER'S PRINTED FORMS OR ANY OTHER DOCUMENT OF BUYER SHALL NOT APPLY.ACCEPTANCE OF ANY GOODS SHIPPED WILL CONFIRM BUYER'S ASSENT TO THESE TERMS AND CONDITIONS OF SALE EXCLUSIVELY WITHOUT MODIFICATION, 13. BUYER ACCEPTS ALL TERMS AND CONDITIONS HEREOF, NONE OF WHICH MAY BE CHANGED BY BUYER. ACCEPTANCE OF ANY SHIPMENT BY BUYER IS AN ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE,NOTWITHSTANDING ANYACT OF SELLER INCLUDING SHIPMENT OR ACCEPTANCE OF PAYMENTS,AND NOTWITHSTANDING ANY TERMS OR CONDITIONS CONTAINED IN ANY ACKNOWLEDGMENT OR OTHER DOCUMENT OF BUYER. 14. SERVICE CHARGE AND COLLECTION:A 1%per month(a rate of 12%per annum)service charge will be due and billed on past due amounts. Buyer shall be responsible for paying any costs associated with any collection effort,including,but not limited to,reasonable attorney fees as permitted by state law. ` STRAIGHT BILL OFLADING- OR|6|NAL- NOT NEGOTIABLE Page 1 of 2 =.. 05-MAY-14 TODAY'SDATE: P48-Brazil 06-MAY-14 08:00:00 SHIPPER: SCHEDULED DATE/ETA: P48-Brazil LMG18695 209 MILES TRIP NO.: Advanced Drainage Systems, Inc. STOP SEQUENCE: 2 / JBAUGHMAN Brazil IN 47834 � 2352032 � BILL OF LADING NO.: ORDER NO.: 11350217 / 2614274 SHIP TO: CARMEL STREET DEPARTMENT CUSTOMER O : WESTFIELD IN CUSTOMER CONTACT P.O.'—' amy 3400 WEST 131ST STREET PREPAID WESTFIELD IN 46074 Customer Site SOLD TO: CARMEL STREETDEPARTMENT | WESTFlELD IN � 3400 WEST 131ST STREET WESTFlELD IN 46074 If this shipment is to be delivered to the consigne ithout recourse on the consignor,the consignor shall sign orLotilf this shipment is arranged through a broker,the carrier agrees that it will look solely to the broker for� stamp the following statement:The carrier may decline to make delivery of this shipment without payment of freight and all other lawful charges. SIGNATURE(STAMP)OF CONSIGNOR paymen, lits charges and shall not seek payment from the shipper,consignee or beneficial owner of the shipment. | ` �oamo��mnpmv�umomnu�mu mvuxoa�o�up�o�mnmn°kum� NOTE: -' / | The appropriate quantity mlube will uvshipped vnall orders that require mueDR|yER: JFITZP TRAILER NO.: � QUANTITY QUANTITY SHIPPED RELEASED UOM PRODUCT NO. PRODUCT DESCRIPTION � ST 12850020DW 12". DWALL � F2648. STIB. S0LID. 20' \ ' � 2 2 /- EA 1294S 12". DWALL ST 45 DEG BEND ` 4 4 EA 1265A A. 12". SPLIT COUPLER � // . D=J ' 3 EA 020u1L /�� u�� 2# CAN LUBRICANT. (27XL) � Total Piece : 13 THIS SHIPMENT IS CORRECTLY DESCRIBED. SHIPPER WAS ' R E S F'QN S IBLE FORLOADING TRAILER AND COUNTING THE � FREIGI-IT / CORRECT WEIGHT IS- DEL. S: 283 LBS DELIVERY NOTES: < < <------------------�---- | �r---�--------- , | 1-317-7332001 (Business) -------------------- -� -----------> > > ' , '' / Pre-cal l Contact _ JIM HbBBS Phone - 317. 733.�2 Requested Ship ' - SHIP ASAP ` CARRIER NAME: Advanced Drainage CUSTOMER (PRINT) : SystUSDOT 019949 2. ' ` | / l STRAIGHT BILL OF LADING- ORIGINAL= NOT NEGOTIABLE 0 � PR �r MLI�LY� TODAY'S DATE: 4 a_ IsiG1Y-1 t ! i. I I G -It`I F1't' -1 ZlI• 0 7.�,:,;;21 Ir.1 nl 171 SHIPPER: SCHEDULED DATE/ETA: ' p �.P,_E.i' a 1. L_It1 �. t' �r,��9 IYI i L.EG, TRIP NO.: Advariced Drainage Systems, [i1t u 2 / .�I3A►J�I'Iitil�tl'd �' � STOP SEQUENCE: BILL OF LADING NO.: ORDER NO.: 1135172 1 f ( � i. ,:5:1.11-j1 11• SHIP TO: I%(DIRM - STPEDET DC=PARTIIENT CUSTOMER P.O. NO.: WE.S-TFIELD 11\1 CUSTOMER CONTACT: -�•rl%� 400 WEST ST L•?1 a"f STREET ID REF A a.:•'_'? WE`:-FF'T.EI_P ' IN 46074 i,i_trt.omer Site SOLD TO: l;%{�F?I�IL:i ';TPI:_ET I)EIDARTIYIE:I`,IT IAELS I•FTELD IN 31,ilih WEST 131.61- STREIET WEST'F I ELL 'r PSI 46.0 11 If this shipment is to be delivered to the consignee without recourse on the consignor,the consignor shall sign or stamp the following statement:The carrier may decline to make delivery of this shipment without payment of freight and all other lawful charges. SIGNATURE(STAMP)OF CONSIGNOR - Notice:If this shipment is.arranged thiough a broker,the carrier agrees that it will look solely to the broker for payment of its charges and shall not seek payment from the shipper,consignee or beneficial owner of;the shipment. i NOTE:ADS installation procedures require lube for all gasketed pipe and fitting joints. The appropriate quantity of lube will be shipped on all orders that require lube. DRIVER: `TF 'I'T Z F' TRAILER NO.: QUANTITY QUANTITY UOM PRODUCT NO. PRODUCT DESCRIPTION SHIPPED RELEASED y.l♦i .E I:av ? r'e!'_pivedr't?:gidd zand I.Inder. y-aind tIte ADE'). Loading Precautions. Sf-iiprnent / received .subject to t I'a 2 1 i''•7.n ti D i)r"G a'I� 1 t',}f l F �/ �:; Ag-r-eefiieii' betf.Neen sl••iipper and carrier. Ri.�)E{ `' R LTi l�lFiTURE"^ � - GJF; . i"t`f11TR' S T.C�i�li'11'[IRE C/ __ _ _ Advanced Drainage Systems PAGE 1 288 Lafayette Street PO BOX 809 ® London OH 43140 ADVANCED DRAINAGE SYSTEMS,INC. - INVOICE DATE MAY 02,2014 www.ads-pips.com INVOICE NO. 16412549 51-0165665 CREDIT/DEBIT NO. 007208 0202 PMT.DUE DATE JUN 01,2014 CUST NO. 136878 ORDER NO. 113.50224/2614703' PMT.DUE $671.02 BILL TO CUST NO. 136878 CUST P.O.NO. SHIP DATE MAY 02,2014 _ SALES REP NAME Adarps;John E. WAREHOUSE N85 SHIP TO" CARMEL STREET DEPARTMENT Attn:Accounts Payable 3400 WEST 131ST STREET - CARMEL STREET DEPARTMENT WESTFIELD IN 46074 3400 WEST 131ST STREET WESTFIELD IN 46074 TERMS NET 30. BOL.NO. 2348893 TRACKING NUMBER HMES 102-6405958 4 QTY''" "-QTY- U/1Dr— RODUCT-NIJNIBER-�-DESCRIPTION^ UNIT.PRICE` OUNT J' - ORDERED SHIPPED . ry 1• 1 EA 2815AG 15".NYLOPLAST DRAIN BASIN 577.000 577.00 M Ref No-PLAIN BASIN 5 FT TALL M 1 1 EA 6010AGN -10"ADDABRANCH.N-12 FIELD .000 0.00 m a INSTALLATION KIT c" 1 1 EA 6012AGN 12""ADDABRANCH.N-12 FIELD ,000 0.00 r` INSTALLATION KIT - 1 1 EA 1599CGD 15".DOMED GRATE 000 0.00 m o FREIGHT CHARGE 94.02 C, INVOICE TOTAL $671.02 USD co a o Go N <Y *SEND BOTTOM PORTION WITH PAYMENT ENCLOSED IN ENVELOPE" PAYMENT COUPON CUST NO. BILL TO CUST NO. INVOICE NO PAYMENT DUE PAYMENT DUE DATE BILL TO REMIT TO ***CONTINUED*** 645337(PCO). TERMS AND CONDITIONS OF SALE 1. PRICES: Prices for Advanced Drainage Systems,Inc.("Seller')products as quoted by Seller will be made available for Buyer's acceptance for 30 days from the quotation date and are thereafter subject to change or withdrawal. Seller reserves the right to change any pricing terms when the quantities change by more than 10%. All products will be shipped within 30 days from the date of Sellers acknowledgement of Buyer's order. 2. CREDIT APPROVAL: All sales and shipments are subject at all times to credit approval by Seller. 3. TAXES: Buyer shall be responsible for payment of all taxes associated with the sale,delivery,storage,processing,use or consumption of any of the products covered hereby. 4. PERMISSIBLE VARIATIONS:Variations in the products as to components,dimensions,quantity and the like shall be permissible and shall not constitute cause for Buyers rejection of any product variations that fall within the applicable ASTM and/or AASHTO product specifications in effect at the time of manufacture. 5. INSPECTION AND REJECTIONS:Any claim by Buyer based upon delivery of products that are of incorrect size, type or quantity, or have been damaged in shipment, ascertainable upon visual inspection thereof,must be presented to Seller or its representative within 15 days following date of receipt of such non-conforming or damaged products by Buyer. In the absence of any such claim within 15 days,Buyers receipt of any products delivered hereunder shall be an unqualified acceptance and a waiver by Buyer of any and all claims related to incorrect size,type or quantities or shipment damage. No claim of any kind,whether as to products delivered or for nondelivery of products,and whether or not based on negligence or other tort,shall be greater in amounts than the purchase price of the products in respect of which such claim is made. 6. STATEMENT OF,LIMITED WARRANTY: a) Limited Warranty. Subject to the limitations and exclusions set forth below, Seller warrants that the products to be delivered hereunder shall be free from defects in materials and workmanship in normal use and service.This warranty is applicable only to Buyer and there are no other intended beneficiaries of this warranty. b) Warranty Limitations and Exclusions. (i) For the warranty to apply, the products must be installed in accordance with all site conditions required by state and local codes, applicable product or industry specifications and guidelines,manufacturer's installation recommendations and other applicable laws. Specifically excluded from the warranty are damages to the products arising from ordinary wear and tear,alteration or repair by anyone other than Seller,accident,misuse,abuse or neglect,or any other event not caused by Seller. (ii) Seller's obligation under this warranty shall not include any transportation charges or costs of installation. (iii) Except as specified above,no other express warranty is given and no affirmation on Seller's part or on the part of Seller's representatives or agents,by word or act, shall constitute a warranty or otherwise alter,vary or expand the express warranty set forth above. (iv) IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL,INDIRECT OR CONSEQUENTIAL DAMAGES OF BUYER OR ANY THIRD PARTY,including loss of production and profits,labor and materials,overhead costs or other loss or expenses incurred by Buyer or any third party. (v) TO THE EXTENT ALLOWED BY LAW,THE WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS(WHETHER EXPRESS,IMPLIED OR STATUTORY),INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. c) Claims:Remedies. All claims made under this warranty shall be presented to Seller in writing at Seller's corporate headquarters,4640 Trueman Boulevard,Hilliard,Ohio 43026,no later than sixty(60)days after Buyer's discovery of defects in the products for which such claim is made. Any claim under this warranty that is not so presented to Selier in writing within sixty(60)days after discovery shall be deemed unconditionally waived. Seller agrees to replace those products determined by Seller to be defective and covered by this warranty. The supply of replacement products is the sole remedy of Buyer for breaches of this warranty. Sellers liability specifically excludes the cost of removal of the replaced products and/or installation of the replacement products. 7. EXCUSED PERFORMANCE—FORCE MAJEURE:Seller shall not be held responsible for any delay in performance under these Terms and Conditions of Sale resulting in whole or in part from or made impossible or impracticable by any cause beyond the control of Seller, including, but not limited to,terrorism, natural disaster,war,fire, explosion, accident,breakdown,strike,adverse weather conditions,failure or refusal of any carrier to transport materials,delay in transport thereof,inability to obtain,on terms deemed by Seller to be commercially practicable,any raw material or other needed resources(including energy),failure of any transportation media,sale or transfer of manufacturing facilities,embargo or any act of God or action or request of any governmental authority,failure or refusal of any carrier or contractor,or any other contingency or delay or failure or cause beyond Seller's control. 8. HANDLING AND USE OF PRODUCTS: Even if Seller offers directions, recommendations or suggestions for the use of products delivered hereunder, it is solely Buyers responsibility to determine whether products are suited for Buyer's specific needs,and there are no representations or warranties except as set forth herein. Buyer assumes full responsibility for compliance with all governmental laws,rules and regulations governing,and assumes all risks and liabilities arising from,unloading,discharge,storage,handling, installation,and use of Sellers products,including use of Seller's products as part of or in connection with other equipment or materials. Buyer agrees to indemnify Seller,its agents and employees for any and all claims, liabilities and expenses arising out of or caused by the failure to comply with the terms set forth herein or to follow instructions,warnings or recommendations furnished by Seller in connection with any products delivered hereunder. 9. . LIMITATION OF ACTIONS: No action arising out of these Terms and Conditions of Sale shall be brought by Buyer against Seller more than two years after the accrual of the o cause of action therefor. o 10. CHOICE OF LAW: These Terms and Conditions of Sale and the transactions contemplated hereby shall be governed in all respects by the laws of the State of Ohio,withouts reference to its choice of law principles. 11. RETURNS/RESTOCKING CHARGES: Seller reserves the right to reject the return of any products returned by Buyer pursuant to these Terms and Conditions of Sale. All returned products must be in resaleable condition, undamaged and in standard inventory packages and/or coils(no partial coils, pieces,etc.will be accepted for credit). Products accepted for return by Seller are subject to a restocking charge,including any applicable freight/shipping charges,based upon the price in effect at the time of original sale. Special order items cannot be returned. 12. NO OTHER TERMS:ANY TERMS OR CONDITIONS ON BUYER'S PRINTED FORMS OR ANY OTHER DOCUMENT OF BUYER SHALL NOT APPLY.ACCEPTANCE OF ANY GOODS SHIPPED WILL CONFIRM BUYER'S ASSENT TO THESE TERMS AND CONDITIONS OF SALE EXCLUSIVELY WITHOUT MODIFICATION. 13. BUYER ACCEPTS ALL TERMS AND CONDITIONS HEREOF,NONE OF WHICH MAY BE CHANGED BY BUYER. ACCEPTANCE OF ANY SHIPMENT BY BUYER IS AN ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE,NOTWITHSTANDING ANYACT OF SELLER INCLUDING SHIPMENT OR ACCEPTANCE OF PAYMENTS,AND NOTWITHSTANDING ANY TERMS OR CONDITIONS CONTAINED IN ANY ACKNOWLEDGMENT OR OTHER DOCUMENT OF BUYER. 14. SERVICE CHARGE AND COLLECTION:A I%per month(a rate of 12%per annum)service charge will be due and billed on past due amounts. Buyer shall be responsible for paying any costs associated with any collection effort,including,but not limited to,reasonable attorney fees as permitted by state law. gQTY U/M PRODUCT NUMBER DESCRIPTION UNIT PRICE AMOUNT HIPPED ADVANCED DRAINAGE SYSTEMS,INC. Ww,dJ&ff_Prr,,(PB&I�LLINS ENTERED BY BCOLLINS 51-01 ggpand Special Order Disclaimer ].Quotes must be accepted within 30 days from above quotation date.Orders must be shipped within 30 days of order placement. 2.Freight/Dmp charges will apply per the following parameters(order values listed below are not inclusive of Nyloplast,Baysaver,or Inserts Tee or non stock special order products which will incur actual freight charges or fuel surcharge as appropriate): a.All orders S3,500 or greater will be delivered freight prepaid. b.All orders less than$3,500 where ADS has ample time to match up the remainder of truck will incur a$50(minimum)drop charge. 007208 0102 c.All orders less than$3,500 where ADS dam not have ample time to match up the remainder of truck will incur the actual common carver LTL rate. d.These drop charges are separate and in addition to any applicable fuel surcharges. 3.ADS reserves the right to re-quote when the quantities change by more than 10%.Prices quoted do not include state,local or use taxes.Prices quoted are based on the total project.Specific products such as Nyloplast Drain and Catch Basins,Custom pipe or Specialty fabricated products will be offered only as an engineered system with ADS pipe.All returns are subject to a 25%restocking fee.Fittings,Nyloplast,non-standard geatextiles and specialty ordered items cannot be returned.The quantities listed are estimated based on our interpretations of the project quantities.The bidder is responsible for confirming quantities:ADS does not imply that the material will be accepted on any jobsite far any specific project unless slated otherwise.Technical certification is available upon request. TO REQUEST EMAIL DELIVERY OF FUTURE INVOICES OR IF YOU HAVE QUESTIONS RELATED TO THIS INVOICE,PLEASE CALL 800-658-2809 OR FAX 856420-9551.INQUIRIES MUST BE SUBMITTED WITHIN 30 DAYS FROM DATE OF INVOICE. A 1.00%PER MONTH(A RATE OF 12.00%PER ANNUM)SERVICE CHARGE WILL BE BILLED ON PAST DUE AMOUNT.BUYER ACCEPTS ALL TERMS AND CONDITIONS ON BOTH SIDES HERE OF THIS FORM,NONE OF WHICH MAY BE CHANGED BY BUYER.ACCEPTANCE OF ANY SHIPMENT BY BUYER IS AN ACCEPTANCE OF THE TERMS OF THIS DOCUMENT,NOT WTTHSTANDING ANY TERMS OR CONDMONS CONTAINED IN ANY ACKNOWLEDGEMENT OR OTHER FORM OF BUYER.SUBJECT TO TERMS AND CONDITIONS PRINTED ON REVERSE SIDE. VSA Atv� TO PAY BY CREDIT CARD CALL 888-524-7373 0 0 0 0 _ o Ca V 'I 645337(PCO) TERMS AND CONDITIONS OF SALE 1. PRICES: Prices for Advanced Drainage Systems,Inc.("Seller")products as quoted by Seller will be made available for Buyer's acceptance for 30 days from the quotation date and are thereafter subject to change or withdrawal. Seller reserves the right to change any pricing terms when the quantities change by more than 10%. All products will be shipped within 30 days from the date of Seller's acknowledgement of Buyer's order. 2. CREDIT APPROVAL: All sales and shipments are subject at all times to credit approval by Seller. 3. TAXES: Buyer shall be responsible for payment of all taxes associated with the sale,delivery,storage,processing,use or consumption of any of the products covered hereby. 4. PERMISSIBLE VARIATIONS:Variations in the products as to components,dimensions,quantity and the like shall be permissible and shall not constitute cause for Buyer's rejection of any product variations that fall within the applicable ASTM and/or AASHTO product specifications in effect at the time of manufacture. 5. INSPECTION AND REJECTIONS:Any claim by Buyer based upon delivery of products that are of incorrect size, type or quantity, or have been damaged in shipment, ascertainable upon visual inspection thereof,must be presented to Seller or its representative within 15 days following date of receipt of such non-conforming or damaged products by Buyer. In the absence of any such claim within 15 days,Buyer's receipt of any products delivered hereunder shall be an unqualified acceptance and a waiver by Buyer of any and all claims related to incorrect size,type or quantities or shipment damage. No claim of any kind,whether as to products delivered or for nondelivery of products,and whether or not based on negligence or other tort,shall be greater in amounts than the purchase price of the products in respect of which such claim is made. 6. STATEMENT OF LIMITED WARRANTY: a) Limited Warranty. Subject to the limitations and exclusions set forth below, Seller warrants that the products to be delivered hereunder shall be free from defects in materials and workmanship in normal use and service.This warranty is.applicable only to Buyer and there are no other intended beneficiaries of this warranty. b) Warranty Limitations and Exclusions. (i) For the warranty to apply, the products must be installed in accordance with all site conditions required by state and local codes,applicable product or industry specifications and guidelines,manufacturer's installation recommendations and other applicable laws. Specifically excluded from the warranty are damages to the products arising from ordinary wear and tear,alteration or repair by anyone other than Seller,accident,misuse,abuse or neglect,or any other event not caused by Seller. (ii) Seller's obligation under this warranty shall not include any transportation charges or costs of installation. (iii) Except as specified above,no other express warranty is,given and no affirmation on Seller's part or on the part of Seller's representatives or agents,by word or act, shall constitute a warranty or otherwise alter,vary or expand the express warranty set forth above. (iv) IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL,INDIRECT OR CONSEQUENTIAL DAMAGES OF BUYER OR ANY THIRD PARTY,including loss of production and profits,labor and materials,overhead costs or other loss or expenses incurred by Buyer or any third party. (v) TO THE EXTENT ALLOWED BY LAW,THE WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS(WHETHER EXPRESS,IMPLIED OR STATUTORY),INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. c) Claims:Remedies-All claims made under this warranty shall be presented to Seller in writing at Seller's corporate headquarters,4640.Trueman Boulevard,Hilliard,Ohio 43026,no later than sixty(60)days after Buyer's discovery of defects in the products'for which such claim is made. Any claim under this warranty that is not so presented to Seller in writing within sixty(60)days after discovery shall be deemed unconditionally waived. Seller agrees to replace those products determined by Seller to be defective and covered by this warranty. The supply of replacement products is the sole remedy of Buyer for breaches of this warranty. Seller's liability specifically excludes the cost of removal of the replaced products and/or installation of the replacement products. 7. EXCUSED PERFORMANCE-FORCE MAJEURE:Seller shall not be held responsible for any delay in performance under these Terms and Conditions of Sale resulting in whole or in part from or made impossible or impracticable by any cause beyond the control of Seller, including, but not limited to,terrorism, natural disaster,war,fire,explosion, accident,breakdown,strike,adverse weather conditions,failure or refusal of any carrier to transport materials,delay in transport thereof,inability to obtain,on terms deemed by Seller to be commercially practicable,any raw material or other needed resources(including energy),failure of any transportation media,sale or transfer of manufacturing facilities,embargo or any act of God or action or request of any governmental authority,failure or refusal of any carrier or contractor,or any other contingency or delay or failure or cause beyond Seller's control. 8. HANDLING AND USE OF PRODUCTS: Even if Seller offers directions, recommendations or suggestions for the use of products delivered hereunder, it is solely Buyer's responsibility to determine whether products are suited for Buyer's specific needs,and there are no representations or warranties except as set forth herein. Buyer assumes full responsibility for compliance with all governmental laws,rules and regulations governing,and assumes all risks and liabilities arising from,unloading,discharge,storage,handling, installation,and use of Seller's products,including use of Seller's products as part of or in connection with other equipment or materials. Buyer agrees to indemnify Seller,its agents and employees for any and all claims,liabilities and expenses arising out of or caused by the failure to comply with the terms set forth herein or to follow instructions,warnings or recommendations furnished by Seller in connection with any products delivered hereunder. 9. LIMITATION OF ACTIONS: No action arising out of these Terms and Conditions of Sale shall be brought by Buyer against Seller more than two years after the accrual of the. cause of action therefor. g 10. CHOICE OF LAW: These Terms and Conditions of Sale and the transactions contemplated hereby shall be governed in all respects by the laws of the State of Ohio,without. reference to its choice of law principles. 11. RETURNS/RESTOCKING CHARGES: Seller reserves the right to reject the return of any products returned by Buyer pursuant to these Terms and Conditions of Sale. All returned products must be in resaleable condition,undamaged and in standard inventory packages and/or coils(no partial coils, pieces,etc.will be accepted for credit).Products 6 accepted for return by Seller are subject to a restocking charge,including any applicable freight/shipping charges,based upon the price in effect at the time of original sale. Special order items cannot be returned. 12. NO OTHER TERMS:ANY TERMS OR CONDITIONS ON BUYER'S PRINTED FORMS OR ANY OTHER DOCUMENT OF BUYER SHALL NOT APPLY.ACCEPTANCE OF ANY GOODS SHIPPED WILL CONFIRM BUYER'S ASSENT TO THESE TERMS AND CONDITIONS OF SALE EXCLUSIVELY WITHOUT MODIFICATION. 13. BUYER ACCEPTS ALL TERMS AND CONDITIONS HEREOF,NONE OF WHICH MAY BE CHANGED BY BUYER. ACCEPTANCE OF ANY SHIPMENT BY BUYER IS AN ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE,NOTWITHSTANDING ANYACT OF SELLER INCLUDING SHIPMENT OR ACCEPTANCE OF PAYMENTS,AND NOTWITHSTANDING ANY TERMS OR CONDITIONS CONTAINED IN ANY ACKNOWLEDGMENT OR OTHER DOCUMENT OF BUYER, 14. SERVICE CHARGE AND COLLECTION:A 1%per month(a rate of 12%per annum)service charge will be due and billed on past due amounts. Buyer shall be responsible for paying any costs associated with any collection effort,including,but not limited to,reasonable attorney fees as permitted by state law. STRAIGHT BILL OFLADING-ORIGINAL- NOT NEGOTIABLE Page 1 of 2 ' TODAY'S DATE: 02-MAY-14 � SHIPPER-85-Nyloplast-Findlay SCHE0JLEDD�TE/ ==�M�Y-14 00: 10:00 � 5-Nyloplast-Findlay TR|pNOn �9797097 � ADS Nylnplast STOP SEQUENCE: 1 / JWELLS Findlay OH 45839 BILL OFLADING N(In2348893 DRDERNOz 11350224 / 2614703 | SH|pTJARMEL STREET DEPARTMENT CUSTOMER PO. NO.: WESTFIELD IN CUSTOMER CONTACT 3400 WEST 131ST STREET PREPAID WESTFIELD IN 46074 Customer Site ARMEL STREET DEPARTMENT GDLDTO WESTFIELD IN � 3400 WEST 131ST STREET WESTFIELD IN 46074 CARRlER Nyloplast Inc. INVOICE C/O CTS Freight Payment Plan, � If this shipment I to be cWhered to the consigndee without recourse on the consignor,the cioripignoryshall sign or P. O. Box 441326, statement:The carrier may ecline to make delivery of this shipment without pa ment of Kennesaw, GA 30160 SIGNATURE(STAMP)9F CON Notice:U:is shipment is arrang=h a brokerth carrier agrees that it Will looksolely to h broker r, payment its charges and shall not seek payment fr m the shipper,cansignm or Welicial ownw of M&Wwt. P {@ HMES 102-6405958 4 w�s:ADS m�a����m�n=u�|u�xx�u���u��un �n6�n� nnoappropriate nuoMnymmuovwnuoompneuon000rdemmamqu/m/uua DR|VER: TRAILER NO.: QUANTITY QUANTITY UOM - PRODUCT NO. PRODUCT DESCRIPTION SHIPPED RELEASED 1 1 EA 291503 15''. NYLOPLAST DRAIN BASIN Reference Num : PLAIN | � BASIN 5 FT TALL ' - -- - - 1 1 EA 6010AGN 10" ADDABRANCH. N-12 FIELD INSTALLATION KIT 1 1 EA 6012AGN 12" ADDABRANCH. N-12 FIELD INSTALLATION KIT 1 1 EA 159900D 15". DOMED GRATE Total Piece : 4 THIS SHIPMENT IS CORRECTLY DESCRI8ED. SHIPPER WAS RESPONSIBLE FOR LOADING TRAILER AND COUNTING THE FREIGHT CORRECT WEIGHT IS: 128 LBB ! DELIVERY NOTES: < < <--------------- ---------------------- 1-317-7332001 (Business) ------------------------------------- Pre-call Contact - JIM HOBBS Phone - 317. 733. 2001 Requested Ship Via - ADS SHIP ASAP ' CARRIER NAME: CUSTOMER (PRINT) ; GTRNGHTBILL OFLADING-ORIGINAL- NOT NEGOTIABLE Page 2 of 2 TODAY'S DATE: 85-Nyloplast-Findlay | — 17, -MAY-14 �0: 1Q:00 SH|PPER� SCHEDULEDD/�E/E]�� mB5-Nyloplast-�Findlay ' �/97097 > TR|PND � � ADS Nyloplast ' �� 1 / JWELLS STOP� Findlay OH 45839 ` 2348893 BILL OF LADING ND'� | 11350224 / 2614703 � ORDER NO.: rARMEL STREET DEPARTMENT ` SH|PTO� CUSTOMER P[). NO.: WESTFIELD IN ' , CUSTOMER CONTACT.., 3400 WEST 131ST STREET ' PREPAID WE3TFIELD IN 46074 Customer Site ' SOLDO ARMEL STREET DEPARTMENT } WEGTFlELD I� i 3400 WEST 131ST STREET WESTFIELD' - IN- ' 46074 ` ��RRI -^''-N�loplas� Inc. INVOICEj C/O CTS Freight Payment Plan, 0 this shlmerd I M be delivered to Ile consignee without recourse on the consignor,the doftslg=t-g.!,n P. O. Box 441326, ===Statement:The carrier may decline to make delivery of this shipment without I lawful charges. Kennesaw, GA 30160 SIGNATUI�E(STAMP)OF CONSIGNOR NMw It th Mment!:::Cd through a broke the carrier agree=will look sole ' S8 r�rn the shipper,oosn beneficial'y'o the or payment of its charges t seek payment fr or owner ol=pmem. P # HMES 102-6405958 4 NOTE:ADS installation procedures require lube for all gasketed pipe and fitting joints. The appropriate quantity oflube will ueshipped onall orders that require tube. DRIVER: TRAILER NO.: � SHIPPED RELEASED ""'° ,"""""' '"". '"""""' "E"°"''''"'` ` - I have received, read and understand the ADS Loading Precautions. Shipment received subject to the Transportation Agreement between shipper and ,carrier. DRIVER' S SIGNATURE: CUSTOMER' S SIGNATURE:______ - --- per/ ' ` | | ` | . 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 Advanced Drainage Systems Purchase Order No. 288 Lafayette Street P.O. Box 809 Terms London, OH 43140 Date Due Invoice Invoice Description Date Number (or note attached invoice(s)or bill(s) Amount 5/6/2014 16415382 Hartman project-Street dept $ 11.37 5/6/2014 16415131 Hartman project-Street dept $ 534.31 5/2/2014 16412549 Hartman project-Street dept $ 671.02 Total $ 1,216.70 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 VOUCHER NO WARRANT NO. Advanced Drainage Systems ALLOWED 20 IN SUM OF $ $ 1,216.70 ON ACCOUNT OF APPROPRIATION FOR Board Members Po#or INVOICE NO. ACCT#/TITLE AMOUNT DEPT# I hereby certify that the attached invoice(s), or 0 16415382 2200-4462000 $ 11.37 bill(s) is (are)true and correct and that the materials or services itemized thereon for 0 16415131 2200-4462000 $ 534.31 which charge is made were ordered and 0 16412549 2200-446200 $ 671.02 received except 5/5/2014 Signature City Engineer Cost Distribution ledger classification if Title claim paid motor vehicle highway fund