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HomeMy WebLinkAbout243704 03/31/15 (9, CITY OF CARMEL, INDIANA VENDOR: 088550 ONE CIVIC SQUARE EVERETT J PRESCOTT INC CHECKAMOUNT: $*******205.65* CARMEL, INDIANA 46032 PO BOX 350002 CHECK NUMBER: 243704 BOSTON MA 02241.0002 CHECK DATE: 03/31/15 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 4906422 65.00 OTHER EXPENSES 601 5023990 4907228 75.65 OTHER EXPENSES 601 5023990 4908744 65.00 OTHER EXPENSES SEE CONDITIONS OF SALE AND PAYMENT TERMS ON REVERSE Pipeline Specialists Everett J.Prescott Inc, WIN.VtOZIOEF)A 1 32 Prescott Street 4907228 P.O.Box 600Gardiner, Me.04346-0600 2/26/15 Cip, NO. 4907228 Everett J.Prescott,Inc. rlo. 4755 HOUSE 220 REMIT TEAM EJP W. Indianapolis WAREHOUSE> TEAM EJP W. Indianapolis ORIGINAL INVOICE TO> E.J. PRESCOTT INC. 8309 W. Washington St. P.O. BOX 350002 BOSTON, MA Indianapolis, IN 46231 02241-0502 Telephone: 317-247-0005 SOLD TO> SHIP TO> CITY OF CARMEL UTILITIES CITY OF CARMEL UTILITIES 3450 W. 131st Street 3450 W. 131st Street Carmel, IN Attn:Jerry Smith 46074 Carmel, IN 46074 EUSTtC•3MEii�P1•.N•. a30 iiSA ��rJ0�BtNO:S�o .,a[�+D Epi.�QA3i�N,tP.P[ ��. .tt•� 'IEgf�;t STOCK SMITTY STOCK I 1 106 3/28/15 2/26/15 Our Truck PRODUCT NUMBER AND ITEM DESCRIPTION M UNIT PRICE EKFENDED AMOUNT 1 54964 F 4X12 FLS1 REP CLAMP 474514 EA 1 75.65 75.65 RECEIVE YOUR INVOICES AND STATEMENTS FASTER! THANK YOU '0070"OTA 75.65 CALL YOUR LOCAL OFFICE FOR FAX AND E-MAIL OPTIONS! FOR YOUR BUSINESSI .00 PLEASE NOTE: OUR TERMS jRE=IC-HTi .00 ARE NET 30 DAYS.YOUR .00 SERVICE CHARGE IS 1%PER MONTH(18%A.P.R.)ON THE BALANCE OVER 30 DAYS OF AGE.THE HELP IS NEEDED AND • ' BUYER AGREES TO PAY ALL COSTS AND EXPENSES OF COLLECTION,INCLUDING REASONABLE 75.65 ATTORNEY'S FEES,AND EJP CLAIMS A MECHANICS'S LIEN UNDER APPLICABLE STATE LAW. APPRECIATED. The Prescott Companies Everett J. Prescott, Inc. (EJP) Terms and Conditions of Sale • Prices: All prices are Subject to change without notice, except Where firm quotations have been provided in writing by authorized manage)tnent personnel of EJP. 'faxes: Prices do not include any present or future federal, state,or local taxes(including, Without limitation.Sales tax, use tax,excise tax,or oncCrlviSe) unless Specifically Stated. It is the responsibility of the Buyer to pay all such taxes. Taxes Where applicable may be added to the price of the products and shall be paid by the Buyer, unless the Buyer furnishes to EJP a tax exemption certificate in a form agreeable to the applicable taxing authorities. If EJP is required to prepay any such tax, Buyer will reimburse EJP in full upon demand. • Payment Terms: EJP Open Credit accounts are established for commercial.non-consumer use only. Unless an approved commercial Open Credit account is established.payment in good funds or approved check must be made before or at time of delivery. Connnerciaf Credit terms are Net 30 clays, no cash discounts allowed. Service Charges continence.after 30 days and are calculated on the last day of the month in which the 30th day falls. SERVICE CHARGE IS Il, % PER MONTH (18% A.P.R.) ON THE BALANCE OVER 30 DAYS OF AGE. THE BUYER AGREES TO PAY ALL COSTS AND EXPENSES OF COLLECTION, INCLUDING REASONABLE ATTORNEY'S FEES, and EJP claims a mechanic's lien under applicable state law. • Acceptance by EJP: All orders from the Buyer are subject to acceptance by authorized personnel of EJP, and, in the case of Open Account Sales,approval of the EJP Credit Department. • Cancellations: SPECIAL OR NON-STOCK ITEMS iviAY NOT BE CANCELLED OR RETURNED AFTER THE PRODUCT(S) IS PLACED INTO PRODUCTION. All charces and costs incurred by EJP as a result of cancellations or order changes will be billed to (lie Buyer. • Delivery: EJP will make a good faith effort to complete delivery of the products; provided. however, that EJP assumes no responsibility or liability for loss or damage due to delay or inability to deliver, it'such non-performance Was the result of any events or circumstances beyond the control of FJP. including.but not limited to, acts of God, war. labor difficulties, fire, accidents, inability to obtain materials. and de_lays of carriers, contractors, suppliers, or manufacturers. Under no circumstances shall EJ13 be liable for any special.. consequential, incidental indirect, or liquidated damages, losses,or expense (Whether or not based on negligence) arising directly or indirectly from delays or failure to ,Yiye notice of delay. • Shipment: Shipment of all products is to one given destination for all items Including pipe, unless otherwise indicated in Writing. Risk of' loss shall transfer to the Buyer upon tender of-goods to Buyer, Buyer's representative, or common carrier. The cost of any Special packing or Special handling caused by Buyer's requirements or requests shall be added to the amount of the order. If Buyer causes or requests a shipment delay, or if EJP ships or delivers the products erroneously as a result of inaccurate, incomplete or misleading information supplied by Buyer or its agents or employees, storage and all other additional costs and risks shall be borne solely by Buyer. Claims for products damaged or Ipst in transit should be made by Buyer to the carrier. as EJP's responsibility ceases upon tender of goods to Buyer, Buyer's representative or common carrier. Delivery will be made on hard surfaces only. Any damage or towing charges resulting from "non hard surface deliveries" shall be the responsibility of the Buyer. • inspection and Acceptance: Claims for damage, shortage or errors in shipping must be reported Within lU days following delivery to Buyer. Buyer shall have 10 days from the date Buyer receives any products to inspect such products and services for defects and nonconformance and notify EJP, in writing. of any defects, nonconformance or rejection of Such products. After such 10 day period. Buyer shall be deemed to have irrevocably accepted the products, if not previously accepted. After such acceptance. Buyer shall have no right to reject the products for any reason or to revoke acceptance. Buyer hereby agrees that Such 10 day period is a reasonable amount of time for such inspection incl revocation. • Returns: Materials cannot be returned without EJP'S written consent. NO RETURNS ARE ALLOWED AND NO REFUNDS WILL BE MADE ON (i) PIPE OR (ii) SPECIALLY FABRICATED OR ORDERED ITE,\4S. THE SOLE AND EXCLUSIVE. REMEDY FOR.SUCH ITEMS ALLEGED TO BE DEFECTIVE IN WORKMANSHIP OR MATERIAL WILL BE THE RE-PLACE110ENT OF THE ITEMS SUBJECT TO THE MANUFACTURER'S INSPECTION AND WARRANTY. All other returned material is subject to a MiNIMUM 25% R_E-HANDLiNG CHARGE, plus transportation glares. Unless otherwise agreed by the Buyer incl EJP; all credit for returned material will be applied to future orders, subiect to approval by the EJP Credit Department. • Warranty: T.FIE BUYER'S SOLE AND EXCLUSIVE WARRANTY. IF ANY, IS THAT PROVIDED BY THE PRODUCT'S %MANUFACTURER. EJP (MAKES NO EXPRESS OR IMPLIED WARRANTIES. EJP HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES. WHETHER IMPLIED BY OPERATION OF LAW OR OTHERWISE, iNCI..UDIN. G, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERC11ANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUM.STANC'ES.AND IN NO EVENT, WILL EJP BE LiABLE FOR PERSONAL INJURY OR PROPERTY DA\,IAGE OR ANY OTHER LOSS. DAMAGE, COST OR REPAIRS OR INCIDENTAL, PUNITIVE. SPECIAL,CONSEQUENTIAL.OR LIQUIDATED DAMAGES OF ANY KiND, WHETHER BASED UPON WARRANTY, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE' OF AC'T'ION ARISING IN CONNECTION WWII Ti-iE DESIGN, MANUFACTURE, SALE, TRANSPORTATION, INSTALLATION,OR REPAIR OF THE PRODUCTS SOLD BY EJP. BUYER ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, AND IN NO EVENT, SHALL EJP'S LIABILITY, IF ANY, EXCEED THE NET SALES PRiCE OF THE DEFECTIVE..,PRODUCT(S). • Entire Aoreement: This document constitutes the entire. complete, and exclusive agreement between the parties with respect to (fie subject matter hereof and contains all (lie agreements and conditions of sale; no course of dealing or usage of the trade shall be applicable unless expressly incorporated herein. The terms and conditions contained herein may not be added to, modified, superseded orotherwise altered except by a written modification signed by authorized management personnel o1'EJP. All transactions shall be governed solely by the terms and conditions contained herein. All purchase orders issued pursuant to an EJP quotation shall be deemed issued subject to all EJP terms and conditions herein contained. These terms and conditions shall supersede those of the Buyer. • Governing Law: This transaction shall be governed in all1 respects by the laws of the State of ivlaine (excluding choice of lawprovisions). All actions, regardless of form, arising out of.or in connection with this transaction, the products sold by EJP, or the relationship between the Buyer and EJP shall be brought in the courts of the State of Maine within the applicable statutory period. • Communications: Payments only should be directed to: E.J. Prescott, Inc., P.O. Box 350002, Boston, MA 02241-0502. All other correspondence and inquiries should be directed to your local EJP Division. The Home Oflice address is 32 Prescott Street. P.O. Box 600. Gardiner, Maine 04345.Telephone(207)582-1851. Fax(207) 582-5637. E-mail cjp@cjprescott.corn. SEE CONDITIONS OF SALE AND PAYMENT TERMS ON REVERSE Pipeline Specialists Everett J.Prescott Inc, AGE NO. 1 32 Prescott Street P.O.Box 600 • • 4906422 Gardiner, Me,04345-0600 IN OICEDATE 2/26/15 PAC INGsuPN 4906422 Everett J.Prescott,Inc. CUSjTDMER NO. 4 7 5 5 �A EHOUS 220 REMIT TEAM EJP W. Indianapolis WAREHOUSE> TEAM EJP W. Indianapolis ORIGINAL INVOICE TO> E.J. PRESCOTT INC. 8309 W. Washington St. P.O. BOX 350002 BOSTON, MA Indianapolis, IN 46231 02241-0502 Telephone: 317-247-0005 SOLD TO> SHIP TO> CITY OF CARMEL UTILITIES CITY OF CARMEL UTILITIES 3450 W. 131st Street 3450 W. 131st Street Carmel, IN Attn:Jerry Smith 46074 Carmel, IN 46074 - S,F.OME..P..O.N•. .,AM � OB,, _S��C9R,. U =_ ©,4T _ .(P-R _ "�'�" JERRY STOCK 108 3/28/15 1 2/26/15 1 Our Truck PRODUCTLINE • UNIT PRICE EXTENDED AMOUNT 1 54707 F 3X12 FLS1 REP CLAMP 373400 EA 1 65.00 65.00 RECEIVE YOUR INVOICES AND STATEMENTS FASTER! THANK YOU AMOUNT 65.00 CALL YOUR LOCAL OFFICE FOR FAX AND E-MAIL OPTIONS! FOR YOUR BUSINESSI TAX .00 PLEASE NOTE: OUR TERMSF.FE!_G rHT� .00 ARE NET 30 DAYS.YOUR .00 SERVICE CHARGE IS 1%PER MONTH(18%A.P.R.)ON THE BALANCE OVER 30 DAYS OF AGE.THE HELP IS NEEDED AND • BUYER AGREES TO PAY ALL COSTS AND EXPENSES OF COLLECTION,INCLUDING REASONABLE 65.00 ATTORNEY'S FEES,AND EJP CLAIMS A MECHANICS'S LIEN UNDER APPLICABLE STATE LAW. APPRECIATED. The Prescott Companies Everett J. Prescott, Inc. (EJP) Terms and Conditions of Sale • Prices: All prices are subject to change without notice, except Nwhere firm quotations have been provided in writing by authorized management personnel of EJP. •'faxes: Prices do not include any present or future federal,state, or local taxes(including,\vithout limitation,sales tar,use tax,excise taxor otherwise) unless specifically stated. It is the responsibility of the Buyer to pay all such taxes. Taxes where applicable may be added to the prig of the products and shall be paid by the Buyer, unless the Buyer furnishes to EJP a tax exemption certificate in a form agreeable to (he applicable taxing authorities. if EJP is required to prepay any such tax, Buyer will reimburse EJP in full upon demand. • Payment Terms: EJP Open Credit accounts are established for commercial; non-consumer use;only. Unless an approved commercial Open Credit account is established, payment in good funds or approved check must be made before or at time of delivery.Corruncrcial Credit terms are Net 30 clays, no cash discounts allowed. Service Char-es commence after 0 days and are calculated on the last clay of the month in which the 30th day falls. STatVICI CI-IARGf 1S 1!z `;b PER MONTH (I S'-o A.P.R.) ON THE BALANCE OVER 30 DAYS OF AGE. THE BUYER AGREES TO PAY ALL COSTS AND EXPENSES OF COLLECTION. INCLUDING REASONABLE ATTORNEY'S FEES, and EJP claims a rrrechanic's.lien under applicable state law. •Acceptance by EMI: All orders from the Buyer are subject to acceptance by authorized personnel of EJP, and, in the case of Open Account Sales,approval of the EJP Credit Department. • Cancellations: SPE.,CiAL OR NON-STOCK ITEMS MAY NOT BE CANCLL.L.ED OR RE TURNI=:D AFTLIZ TETE: PRODUCT(S) 1S PLACED INTO PRODUCTION. All charges and costs incurred by EJP as a result of cancellations or order changes will be billed to (lie Buyer. • Delivery: EJP will make a good faith effort to complete delivery of the products; provided. however, that EJP assumes no responsibility or liability for loss or damalr clue to delay or inability to deliver. if such non-performance was the result of any events or circumstances beyond the control of EJP, including. but not limited to,acts of God, war. labor difficulties, fire. accidents, inability to obtain materials. and delays of carriers, contractors, suppliers, or manutacturers. Under no circumstances shall EJP be liable for any special, consequential, incidental, indirect, or liquidated damages. losses.or expense (whether or not based on negligence)arising directly or indirectly from delays or failure to give notice of'delay. • Shipment: Shipment of all products is to one given destination for all items including pipe. unless otherwise indicated in 4\riting. Risk of loss shall transfer to the Buyer upon tender of goods to Buyer, Buyer's representative, or common carrier. The cost of'any special packing or Special handling caused by Buyer's requirements or requests shall be added to the amount of the order. if Buyer causes or reques(s a shipment delay. or if I_.JP ships or delivers the products erroneously as a result of inaccurate, incomplete or misleading inlor ation supplied by Buyer or its agents or employees,storage and all other additional costs and risks shall be borne solely by Buyer. Clainis for products damaged or lost in transit should be made by Buyer to the carrier, as EJP's responsibility ceases upon tender of goods to Buyer. Buyer's representative or common carrier. Delivery will be made on hard surfaces only. Any damage or towing charges resulting from "non hard surface deliveries" shall be the responsibility of the Buyer. • Inspection and Acceptance: Claims for damage, shortage or errors in shipping must he reported within 10 days following delivery to Buyer. Buyer shall have 10 days from the date Buyer receives any products to inspect such products and services for defects and ncneoniormance and notify EJP, in writing, of any detects, nonconformance or rejection of such products. After such 10 day period. Buyer shall be deemed to have irrevocably accepted the products, if'not previously accepted. After such acceptance. Buyer shall have no right to reject the products for any reason or to revoke acceptance. Buyer hereby agrees that such 10 day period is a reasonable amount of time for such inspection and revocation. • Returns: Materials cannot be rCtUrned without EJP'S written consent. NO RETURNS ARE ALLOWED AND NO REFUNDS WILL BE MADE. ON (i) PIPE OR (ii) SPECIALLY FABRICATED OR ORDERED ITEMS. TME SOLE AND I-XCLUSIVE REMEDY FOR SUCH ITEMS ALI..I_`GED TO BE DEFECTIVE IN WORKMANSHIP Olt MATERIAL WILL BL TI-11= REPLACEMENT Of-- THE ITEMS SUBJECT TO THE NIANUFACTURER'S INSPECTION AND WARRANTY. All other returned material is subject to a MINIMUM 25110 RE-11.\NDLiNG Ci IARGI ; plus transportation charges. Unless otherwise agreed by the Buyer and [-"JII; all credit for returned material will be applied to future orders,subject to approval by the EJP Credit Department. • Nkarranty: TI-11= BUYi:R'S SOLE AND L•XCLUSiVE WARRANTY. IF ANY, IS THAT PROVIDED BY THE PRODUCT'S MANUFACTURER. EJi' iv1AKl:S NO EXPRESS OR IMPLIED WARRANTIES. EJP 11EREi3Y DISCLAIMS :ALL EXPRESS OR IMPLIED WARRANTIES. \11-iL=THER IMPLIED BY OPERATION OF LAW OR OTHE-RWISE. INCLUDING, WiTHOUT LIMITATiON. ALL IMPLIED WARRANTIES OF MERCiiANT;\BILITY AND FITNESS OR FiTNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES. AND iN NO EVENT.NT. WILL E.111 13E LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE OR ANY OTHER LOSS. DAMAGE,COST OR REPAIRS OR INCIDENTAL, PUNITIVE. SPECIAL,CONSEQUENTIAL, OR LIQUIDATED DA1-iAGES OF ANY KiND. WHETi-IER BASED UPON WARRANTY. CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING IN CONNECTION WITi-1 THE DESIGN, MANUFACTURE:. SALE, TRANSPORTATION, INSTALLATION,OR IZF:PAIR O1-TI-IE PRODUCTS SOLD BY EJP. BUYER ACKNOWLEDGE=S AND AGREES THAT UNDER NO CIRCUtMSTANCES. AND IN NO EVENT, SIIALL EJP'S LIABILITY, IF :ANY, EXCEED 1i11" NFT SALES PRICE OF THE DEFECTIVE PRODUCT(S). • Entire Agreement: This document constitutes the entire. complete. and exclusive agreement between the parties with respect to the subject matter hereof and contains all the aLrcetnents and conditions of sale; no course of dealing or usage of the trade shall be applicable unless expressly incorporated herein. The terms and conditions contained herein may not be added to. modified, superseded or otherwise altered except by a written modification signed by authorized management personnel of EJP. All transactions shall be governed solely by the terms and conditions contained herein. All purchase orders issued pursuant to an L.JP quotation shall be deemed issued subject to all 1=.I11, terms and conditions herein contained.These terms and conditions shall supersede those ofthe Buyer. • Governing Law: This transaction shall be governed in all respects by the laws oT the State of Maine (excluding choice of law provisions). All actions. regardless of form, arising out of or in connection with (his transaction, the products sold by IJP, or the relationship between the Buyer and LJi'shall be brought in the courts of the State of Mainc within the applicable statutory period. • Communications: Payments only should be directed to: E.J. Prescott, Inc., P.O. Box 350002, Boston, MA 02241-0503. All other correspondence and inquiries should be directed to your local HIP Division. The Home Office address is 32 Prescott Steer, P.O. Box 600. Gardiner, Maine 043=15. Telephone(207)582-1851. Fax(20 7)532-5637. E-mail ejp(iueiprescott.cont. SEE CONDITIONS OF SALE AND PAYMENT TERMS ON REVERSE Pipeline Specialists Everett J. Prescott Inc, "=S11, R 1 32 Prescott Street PA.Box 600 4908744 13 P, Gardiner, Me.04345-0600 3/10/15 4908744 Everett J.Prescott,lnc. 4755 ARE RUSE 220 REMIT TEAM EJP W. Indianapolis WAREHOUSE> TEAM EJP W. Indianapolis ORIGINAL INVOICE TO E.J. PRESCOTT INC. 8309 W. Washington St. P.O. BOX 350002 BOSTON, MA Indianapolis, IN 46231 02241-0502 Telephone: 317-247-0005 SOLD TO> SHIP TO> CITY OF CARMEL UTILITIES CITY OF CARMEL UTILITIES 3450 W. 131st Street 3450 W. 131st Street Carmel, IN Carmel, IN 46074 46074 _ CUSTOM R P.•.NO. •B N. JOB NO. SL DAM E DAT- SHIPP I - JERRY STOCK 1 1 108 4/09/15 1 3/10/15 Our Truck LINE PRODUCT NUMBER AND ITEM DESCRIPTION UNIT PRICE EXTENDED AMOUNT 1 54707 F 3X12 FLS1 REP CLAMP 373400 EA 1 65.00 65.00 RECEIVE YOUR INVOICES AND STATEMENTS FASTER! THANK YOU ;MOUNT 65.00 CALL YOUR LOCAL OFFICE FOR FAX AND E-MAIL OPTIONS! FOR YOUR BUSINESSI TAX .00 PLEASE NOTE: OUR TERMSFRELG INTI .00 ARE NET 30 DAYS.YOUR .00 SERVICE CHARGE IS 1%PER MONTH(16%A.P.R.)ON THE BALANCE OVER 30 DAYS OF AGE.THE HELP IS NEEDED AND • BUYER AGREES TO PAY ALL COSTS AND EXPENSES OF COLLECTION,INCLUDING REASONABLE 65.00 ATTORNEY'S FEES,AND EJP CLAIMS A MECHANICS'S LIEN UNDER APPLICABLE STATE LAW. APPRECIATED. The Prescott Companies Everett J. Prescott, Inc, (EJP) Terms and Conditions of Sale • Prices: All prices are subject to change without notice, except where firm quotations have been provided in writing by authorized management personnel of EJP. •'Taxes: i'rices do not include any present or future federal,state,or local taxes(including, without limitation, sales tax,use tax,excise tax,or othertvisO) unless specifically stated. It is the responsibility of lite; Buyer to pay all such taxes. Taxes where applicable may be added to the prig of the products and shall be paid by the Buyer, unless the Buyer furnishes to EJP a tax exemption certificate in a form agreeable to the applicable taxing authorities. 1171--:JP is required to prepay any such tax. Buyer will reimburse EJP in full upon demand. • l ayntent"Terms: EJ!' Open Credit accounts are established for commercial, non-consumer use only. Unless an approved commercial Open Credit account is established. payment in good funds or approved check must he made before or at tune:ol'delivery. Commercial Credit terms are Net 30(lays, no cash discounts allowed. Service Charges commence after 30 days and are calculated on the last day of•the month in which the 3001 day falls. SERVICE CHARGE IS l;'z `:b PER MONTH (18% A.P.R.) ON THE BALANCE OVER 30 DAYS OF AGE. THE BUYER AGREES TO PAY ALL COSTS AND EXPENSES OF COLLECTION, INCLUDING REASONABLE ATTORNEY'S FEES, and EJP claims a Mechanic's lien under applicable state law. • Acceptance by EJ-P: All orders front the Buyer are subject to acceptance by authorized personnel of EJP, and, in the case of Ope;rt Account Sales,approval ()['the E,IP Credit Department. • Cancellations: SPECIAL OR NON-STOCK iTIHNIS MAY NOT 13E CANCELLED OR RETURNED AFTER THE PRODUCT(S) IS PLACU INTO PRODUCTION. All charges and costs incurred by E.111 as a result of cancellations or order changes will be billed to the Buyer. • Delivery: EJP will make a good faith effort to complete delivery of the products; provided, however, that HP assumes no responsibility or liability for loss or damage clue to delay or inability to deliver, il'such non-performance was the result of any events or circumstances beyond Ill,, control of•FIP. including. but not limited to,acts of'God, war, labor difficulties, fire, accidents, inability to obtain materials. and delays of` tamer.,, e;ernuactors. supl:rlicr�, or manul'u;urrers. Under no circumstances shalt EIP be liable for anv special, consequential, incidental, indirect, or liquidated damages; losses• or expense(whether or not based on negligence) arising directly or indirectly Rom delays or failure to ,,ive notice of delay. • Shipment: Shipment of all products is to one given destination for all items including pipe, unless otherwise indicated in writing. Risk of loss shall transfer to the Buyer upon tender of goods to Buyer, Buyer's representative, or common carrier.The cost of any special packing or special handlin�(I caused by Buyer's requirements or requests shall be added to the amount of the order. If l3uyer causes or requests a shipment delay. or if`EJP ships or delivers the products erroneously as a result of inaccurate, incomplete or misleading information supplied by Buyer or its agents or employees,storage and all other additional costs and risks shall be borne solely by Buyer. Claims for products damaged or lost In transit should be made by Buyer to the carrier. as EJP's responsibility ceases upon tender of 1100ds to Buyer, Buyer's representative or common carrier. Delivery will be made on hard surfaces only. Any damage or lowing charges resulting from -non hard surface deliveries" shall he the responsibility of the Buyer. • Inspection and Acceptance: Claims for damage, shortage or errors in shipping must be reported within 10 days following delivery to Buyer. Buver shall have 10 days from the date Buyer receives any products to inspect such products and services for defects and rtonconlorntance and notify EJP, in writing, of anv delects, nonconformance or rejection of'such products. After such 10 day period. Buyer shall be deemed to have irrevocably accepted the products, if not previously accepted. After such acceptance. Buyer shall have no right to reject the products fir any mason or to revoke acceptance. Buyer hereby agrees that such 10 day period is a reasonable amount of time I'or such inspection and revocation. • Returns: Zlatcrials cannot be returned without E,IP'S written consent. NO RETURNS .ARI: ALLOWED AND NO REFUNDS WILL BE MADE ON (i) PIPE OR (ii) SPECIALLY FABRICATED OR ORDERED ITEMS. THE SOLE AND EXCLUSIVE REMEDY FOR SUCH f•fE19S ALLI'GED TO BE DEFECTIVE IN WORKMANSHIP OR 1�A TERiAL WILL BI TIME REPLACEMENT OF TIME ITEMS SUBJECT TO THE NIANUFACTURER'S INSPECTION AND WARRANTY. All oilier returned material is subject to a MINIMUM 25% RE'41 ANDLiNG CHARGE, plus transportation charges. Unless otherwise agreed by the Buyer and EJI', all credit for returned material will be applied to future orders,subject to approval by the E,11'Credit Department. • Warranty: "fl-IE BUYER'S SOLI AND EXCLUSIVE 1'�rARR;\N`IY, II ANY, ]S 1'fI:�T PROVIDED BY •hlfE I'ROI T, MANUFACTURER. EJI' MAKES NO EXPRESS OR IJviPLJED WARRANTIES. EJP HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES. WIIETHE'R IMPLIED BY OPERATION OF LAW OR OTHEIRW1SF_, INCLUDING, WITHOUT LIMITATION. ALL 11.1PLiED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES, AND IN NO i:VFNT, WILL EJP BE LIABLE FOR PERSONAL INJURi' OR PROPERTY DAMAGE OR ANY OTHER LOSS. DAMAGE,COSI'OR REPAIRS OR INCIDENTAL, PUNITIVE. SPECIAL,CONSEQUENTIAL, OR LIQUIDATED DAMAGES OF .ANY KiND, WHETHER BASED UPON WARRANTY, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTi-11 R CAUSE OF ACTION ARISING IN CONNECTION WiTH THE DESIGN, MANUFACTURE, SALE, TRANSPORTATION, INSTALLATION,OR REPAIR OF THE PRODUCTS SOLD BY EJP. BLIYER ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, AND IN NO EVENT, Sl IALL I JP-S LIABILITY. 1F ANY, EXCEED THE NET SALES PRICE OF THE DEFECTIVE PRODUCT(S). • Entireui-eement: This dOeultlent constitutes the entire, complete. and exclusive agreement between the parties with respect to the subject matter hereof and contains all the agreements and conditions of sale; no course of dcalin- or usage of the trade shall be applicable unless expressly incorporated herein. The terms and conditions contained herein may not be added to, modified, superseded or otherwise altered except by a written modification signed by authorized management personnel of E,IP. All transactions shall be governed solely by the terms and conditions contain.el herein. All purchase orders issued pursuant to an EJP quotation shsll be doomed issued subject to all E,iP terms and conditions herein contained.These terms and conditions shall supersede those of the Buyer. • Governing; Law: This transaction shall be governed in all respects by the• laws of the State of M,tine (excluding choice oftaw provisions). All actions, regardless of form, arising out of or in connection with this transaction, the products soli! by L:JP, or the relationship between the Buyer and EJP shall be brought in the courts of the State of iMaine within the applicable statutory period. • COn1111UniCatiOnS: Payments only should be dirocted to: E.J. Prescott, Inc., P.O. Box 350003, Boston, MA 02241-0502. All other correspondence and inquiries should be directed to vour local E.111 Division. The I-force Ot'lice address is 32 Prescott Street. P.O. Box 600. Gardinor, Maine 0.1345.Telephone(207) 582-1851. Fax(207) 583-5637. F: mail e,jp(iuejprescott.com. i VOUCHER# 151321 WARRANT# ALLOWED 88550 IN SUM OF $ E.J. Prescott, Inc. P.O. Box 350002 Boston, MA 02241-0002 I Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR i Board members PO# INV# ACCT# AMOUNT Audit Trail Code 4907228 01-6200-06 $75.65 9D� a� �r (�� cc Lr�x)s 7141A 11 i b Voucher Total $ Cost distribution ledger classification if claim paid under vehicle highway fund Prescribed by State Board of Accounts City Form No.201 (Rev 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show, kind of service,where performed, dates of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee 88550 E.J. Prescott, Inc. Purchase Order No. P.O. Box 350002 Terms Boston, MA 02241-0002 Due Date 3/24/2015 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 3/24/2015 4907228 $75.65 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 O i er