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Home My WebLink About243797 03/31/15 aY � CITY OF CARMEL, INDIANA VENDOR: 368981 ONE CIVIC SQUARE RED VALVE COMPANY INC CHECK AMOUNT: $*****7,396.00* " CARMEL, INDIANA 46032 600 NORTH BELL AVE CHECK NUMBER: 243797 PO BOX 548 CHECK DATE: 03/31/15 CARNEGIE PA 15106-0548 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 912 R4462300 31916 630279 7,396.00 40" TF-1 TIDEFLEX CHE Z1deflex. Invoice: 630279 fachnplopiee Red Wive Company,Inc RKL Caltrals INVOICE Page: 1 of 1 Date: 3/30/2015 Sold To: CAR46032 Ship To: City of Carmel City of Carmel One Civil Square One Civil Square Carmel IN 46032 Carmel IN 46032 USA USA Phone:317-780-1555 Phone:317-780-1555 i PO Number: 31916 Terms: Net 30 Days FOB: Freight FOB Destination Ordered: 3/27/2015 Packing Slip: 30125 Ship Via: ESTES Sales Order: 48635 Sales: REP BI- Anderson Ship Date: 3/30/2015 THEMATERIAL YOU HAVE ORDERED IS NOT KEPT IN OUR REGULAR INVENTORYAND IS BEING MADE SPECIAL. WE THEREFORE CANNOT ACCEPT CANCELLATION OR RETURN. Legal Number: 630279 - -- ,Line '�. 'Part'�Nirmber/Descri-tion " °� ...• °r .'= , ._� :Rev:. �"Quanti .UnitPrice`� .FrxtPrice,�; 1 TF1 R-240-66-2700-L A 1.00 EA 6,966.00 6,966.00 TF-1,27"CUFF,EPDM/EPDM,SPL, ED PO Number:31916 Warehouse Code NCMAIN 2 CLAMP-238/290-316 A 2.00 EA 0.00 0.00 TF2 CLAMP,23.8-29.0 PIPE,316SS PO Number:31916 Warehouse Code: NCMAIN THIS ORDER SHIPPED FROM THE NC PLANT BY ESTES FREIGHT. FOR TRACKING CALL 704-597-9130. PRO#0105852789 -- -- Miscellaneous Charges Description .10.) Neg Frt TFNC 430:00 Item Subtotal: 6,966.00 Total: 7,396.00 All prices are In United States Dollars($)and are subject to credit approval. Please see attached Terms&Conditions or visit www.redvalve.com for a copy. Red Valve Company,Inc. P.O.Box 548 Carnegie,PA 15106 1 P 412.279.0044 F 412.279.0143 1 www.redvalve.com y Tid -� Sales Order: 48635 - Taehnola Blae . Printed:3/24/2015 Red Valve company,Inc. RKL Controls Sales Order Acknowledgement Page: 1 of 1 Sold To: Ship To: Kate Lustig City of Carmel City of Carmel One Civil Square One Civil Square Carmel IN 46032 Carmel IN 46032 USA USA Phone:317-780-1555 Phone:317-780-1555 Fax: Fax: Email: Email: — PO Number: 31916 Ship Via. --- - - -- ---- - - - -- - - -- -- - -� Best Rate-Ground - -- _-- -- - ---- Order Date: 3/23/2015 FOB: Freight FOB Destination_-- - Terms: 'Net 30 Days P.0. 31g1 IV 12-LI-1102300 THE MATERIAL YOU HAVE ORDERED IS NOT KEPT IN OUR REGULAR INVENTORY AND IS BEING MADE SPECIAL. WE THEREFORE CANNOT ACCEPT CANCELLATION OR RETURN. Line" .-Paft Nurriber/Description Order Qty Unit Once; Ext Pnce 1 TF1 R-240-66-2700-1- 1.000 EA 6,966.00 6,966.00 TF-1,27"CUFF,EPDM/EPDM,SPL, ED Rel Ship Date Quantity 1 4/13/2015 1.000 Line ;:Part Number/Description order Qty Unit Price Ezt.Price` 2 CLAMP-238/290-316 2.000 EA 0.00 0.00 TF2 CLAMP,23.8-29.0 PIPE,316SS Rel Ship Date Quantity 1 4/13/2015 2.000 Order Miscellaneous Charges: - -- — Quantity Unit Price Frea Description Ext. Price 1) 1 430.00( E ) Neq Frt TFNC 430.00 430.00 Sales Rep(s):REP-009 Line Total: 6,966.00 Line Miscellaneous Charges: 0.00 Order Miscellaneous Charges: 430.00 Total Tax: 0.00 Order Total 7,396.00 For order status contact:deliverystatus@redvalve.com All prices are in United States Dollars($)and are subject to credit approval. Please see attached Terms&Conditions or visit www.redvalve.com for a copy. Red Valve Company,Inc. P.O.Box 548 Carnegie,PA 15106 1 P 412.279.0044 F 412.279.7878 1 www.redvalve.com RED VALVE'S CONDITIONS OF SALE These conditions apply to all quotations,orders and contracts for Red Valve,Tideflex Technologies,and RKL Controls products. 1.ENTIRE CONTRACT These Conditions of Sale and the terms set forth on the Sales Order Acknowledgement on the reverse Valve, anything on the contrary contained in purchaser's order, or represented by any agent or side hereof (the "Acknowledgement") shall constitute the sole and exclusive conditions of sale employee of Red Valve in writing or otherwise,not withstanding implied warranties. regarding all equipment, materials, labor and services (hereinafter collectively referred to as "Products")sold to Buyer.Acceptance of Buyer's order by Red Valve is expressly made conditional NOTWITHSTANDING ANY OTHER PROVISION OF THIS CONTRACT TO THE CONTRARY,RED upon Buyer's acceptance of these Conditions of Sale, whether such acceptance is by written VALVE SHALL NOT BE LIABLE IN CONTRACT,IN TORT(INCLUDING BUT NOT LIMITED TO acknowledgment or by conduct of Buyer that recognizes the existence of a contract,including Buyer's NEGLIGENCE OR STRICT LIABILITY)OR OTHERWISE FOR DAMAGE TO OR LOSS OF OTHER receipt of any Product.These Conditions of Sale constitute notification of Red Valve's objection to and PROPERTY OR EQUIPMENT,LOSS OF TIME,LOSS OF PROFITS OR REVENUE,LOSS OF USE rejection of any conditions of sale,whether contained in Buyer's purchase order,bid documents or in OF EQUIPMENT, COST OF CAPITAL, COST OF TEMPORARY EQUIPMENT (INCLUDING any other writing,that are different from,inconsistent with or additional to the Conditions of Sale set ADDITIONAL EXPENSES INCURRED IN USING EXISTING FACILITIES),CLAIMS OF CUSTOMERS forth herein.These Conditions of Sale and the Acknowledgement shall constitute the entire and OF BUYER, OR FOR ANY SPECIAL, , INCIDENTAL, PUNITIVE, EXEMPLARY OR complete agreement of the parties with respect to the subject matter hereof,and there are no other CONSEQUENTIAL DAMAGES OR EXPENSES, WHETHER DIRECT OR INDIRECT, promises,conditions,understandings,representations or warranties,oral or written,relating thereto WHATSOEVER. RED VALVE'S TOTAL LIABILITY, NO MATTER HOW ARISING, SHALL NOT except as expressly set forth herein. EXCEED THE PURCHASE PRICE OF THE PRODUCTS INVOLVED. 2.PRICES;PAYMENT Buyer is wholly responsible for determining the suitability of Red Valve Product.The express warranty All orders are subject to Red Valve credit department approval.If in Red Valve's judgment the credit of Buyer becomes impaired,Red Valve at its sole option,may suspend production,shipment or delivery obligations of Red Valve are conditioned upon the assembly and use of the products in complete and request that Buyer provide it with reasonable guarantees and/or security.The failure or refusal of accordance with Red Valve's instructions and requirements, which are hereby incorporated by Buyer to provide such guarantees and/or security within ten(10)days after Red Valve's request reference into the contract between Red Valve and Buyer.Red Valve shall not be responsible for any therefore shall constitute a repudiation of the entire contract and Red Valve,in addition to all other defect,deficiency or failure to perform in or any damage whatsoever caused by products which have remedies legally available to it,may terminate this contract accelerate and declare immediately due been modified by any person. Buyer's entire accounts. Unless otherwise specified,terms of payment are net thirty(30)days from 8.DESIGN the date of invoice. Red Valve shall not be responsible for the correctness of structural or system designs of details 3.TAXES _ prepared by others. To the extent legally permissible,all present and future taxes imposed by any Federal,State,Foreign 9.ERRORS - — —' or Local authority which Red Valve or its contractors or suppliers may be required to pay or collect, Stenographic and clerical errors may be corrected by Red Valve. upon or with reference to the sale,purchase,transportation,delivery,storage,use or consumption of 10.WAIVER the Products,except Red Valve's income taxes,shall be for account of Buyer and If Red Valve or its Any waiver by Red Valve of any breach or default by Buyer of any of Buyer's obligations under these contractors or suppliers are required to pay any such taxes,such amount shall be added to and Conditions of Sale,and any failure by Red Valve to enforce any rights arising under these Conditions become part of the price payable by Buyer. of Sale,shall not be construed as a waiver of any other breach or default by Buyer or of Red Valve's 4.TITLE;RISK OF LOSS right to enforce its rights in any other circumstances. Title to Products priced at Red Valve's shipping point and risk of loss shall pass to Buyer upon delivery 11.APPLICABLE LAW;FORUM;SEVERABILITY at such shipping point.Title to Products priced at destination and risk of loss shall pass to Buyer upon This contract, and the parties' performance thereof, shall be governed by the laws of the delivery at the destination specified,and any charges at destination for spotting,switching,handling Commonwealth of Pennsylvania without regard to the,conflict of laws principles thereof,including the storage,and other accessorial services,and demurrage,shall be for Buyers account. Uniform Commercial Code as enacted in the Commonwealth of Pennsylvania, but excluding the 5.CANCELLATIONS AND CHANGES Convention on Contracts for the International Sale of Goods.In the event of any dispute relating to this Orders which have been accepted by Red Valve are not subject to cancellation or changes in contract,Buyer consents to suit relating to any such matter in the state or federal courts located in specifications;except upon Red Valve's express prior written consent,and may require as a condition Allegheny County in the Commonwealth of Pennsylvania,and Buyer expressly waives any objections of such consent,reimbursement for any cost incurred in performance of order in original form. or defenses it may have to jurisdiction or venue in such courts.The parties further agree that any 6.CHECKING MATERIALS,CLAIMS,CREDITS action at law or equity against Red Valve arising hereunder may be brought only in the state or federal Buyer agrees to check Products against shipping papers upon unloading at destination. Claims, courts located in Allegheny County, Pennsylvania, and that such courts shall have exclusive including shortage claims,must be made in writing within (ten) 10 days following delivery of the jurisdiction over any such actions.If any portion of this Contract is declared to be unenforceable by a product to Buyer. Buyer shall place any such Products in safe storage for inspection by Red Valve. court of competent jurisdiction,all other portions are considered to be valid and enforceable to the Any defect of the products which would have been observable on reasonable inspection by Buyer and extent they are reasonably severable. which is not objected to in writing within len(10)days after receipt of such products by Buyer is hereby 12.EXPORT LAW waived,and Buyer shall have no right to reject or revoke its acceptance based upon any such defect, Buyer acknowledges that any commodities,technology,or software that are exported from the United nor shall any such defect give rise to any claim under Red Valve's warranty. States of America are subject to U.S.A.Export Administration Regulations and/or other U.S.A.export laws and regulations and agrees to not divert any products purchased from Red Valve in a manner Red Valve issues commodity credits only. that is prohibited by U.S.A.laws and regulations. 13.PROPRIETARY INFORMATION Authorization,shipping instructions and other conditions related to the return of any of the Products All specifications, drawings, data, manuals, designs, information, ideas, methods, patterns and must be obtained by Buyer from Red Valve before returning any of the Products. inventions made,conceived,developed or generated by Red Valve incident to the procurement or _7.-WARRANTIES_REMEDIES_DIS.CLAIMERS--LIMITATION9F LIABILITY - performance of this Contract("Work Product" shall vest in,inure to and be the_sole properrtt!of Red Unless otherwise agreed to in writing signed by Red Valve,all Products supplied by Red Valve shall Valve.Buyer will not copy,publish or otherwise disclose,in whole or in part,to others such Work conform to the description in the specifications set forth on the face hereof. Product without the express prior written permission of Red Valve. Buyer will not use any such information furnished hereunder for any purpose other than for operation and maintenance of the THE-LIMITED WARRANTIES SET FORTH IN THIS CONTRACT ARE-EXCLUSIVE AND IN LIEU OF _ products or for any purpose other than as explicitly intended by Red Valve. ALL OTHER WARRANTIES WHETHER STATUTORY, EXPRESS OR IMPLIED(INCLUDING ALL 14.SHIPPING DELAYS;FORCE MAJEURE 1— WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL Shipping dales are approximate only and are subject to change.Red Valve shall not be liable for any WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OR TRADE). delay in performance or delay or failure to deliver,in whole or in part,caused by but not limited to, fires,storms,floods,earthquakes,governmental regulation or direction,acts of the public enemy,war, Red Valve Products are warranted for a period of one year from date of shipment,against defective rebellion, insurrection, riot, invasion, strikes, work stoppages or slowdowns, disaster, failure of workmanship and material,as determined by Red Valve's manufacturing and production standards, supplies, labor shortage,delays in transportation however caused, or an act of God or causes, only when properly installed, operated and serviced in accordance with Red Valve's whether foreseen or unforeseen,beyond Red Valve's control.If any such events occur,Red Valve recommendations.Replacement for items of Red Valve's manufacture will be made free of charge if shall have additional time within which to perform the contract and shall have the right to apportion its proved to be defective within such year; but not claim for transportation, labor or consequential production. The foregoing shall be in addition to and not in limitation of any excuses for non- damages shall be allowed.Red Valve has the option of requiring the return of the defective product to performance available to Red Valve under the Uniform Commercial Code or other applicable law. its factory,with transportation charges prepaid,to establish the claim and our liability shall be limited to the repair or replacement of the defective product,F.O.B.our factory.Red Valve will not assume costs 15.ASSIGNMENT incurred to remove or install defective products nor shall we incur back charges or liquidated damages Buyer shall not assign this Agreement or any interest herein without the written consent of Red Valve. as a result of warranty work.Red Valve does not guarantee resistance to corrosion,erosion,abrasion 16.MODIFICATION or other sources of failure,nor does Red Valve guarantee a minimum length of service,or that the No terms or conditions,other than those stated herein,and no agreement or understanding,oral or product shall be fit for any particular service. written, in any way purporting to modify these conditions shall be binding on Red Valve unless hereafter made in writing and signed by its authorized representative.All proposals,negotiations,and Failure of purchaser to give prompt written notice of any warranty claim under this Contract upon its representations,if any,made prior,and with reference,hereto are merged herein.Any clause required discovery,or use,and possession thereof after an attempt has been made and completed to remedy to be included in a contract of this type by any applicable law or administrative regulation having the defects therein,or failure to return product or part for replacement as herein provided,or failure to effect of law shall be deemed to be incorporated herein. install and operate said products and parts according to instructions furnished by Red Valve,or failure to pay entire contract price when due,shall be a waiver by purchaser of all rights under these representations.All orders accepted shall be deemed accepted subject to this warranty which shall be exclusive of any other or previous warranty,and shall be the only effective warranty binding on Red JOUS 11 1A division of Red Valve Company, Inc. 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 Red Valve Company, Inc. Purchase Order No. P.O. Box 548 Terms Carnegie, PA 15106 Date Due Invoice Invoice Description Date Number (or note attached invoice(s)or bill(s) Amount 3/23/2015 0 TF-1 Tideflex Check Valve for Emerson Road $ 7,396.00 Total $ 7,396.00 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. (' Red Valve Company, Inc. ALLOWED 20 P.O. Box 548 IN SUM OF$ Carnegie, PA 15106 $ 7,396.00 ON ACCOUNT OF APPROPRIATION FOR i Board Members PO#or DEPT# INVOICE NO. ACCT#/TITLE AMOUNT �hereby EPT# I certify that the attached invoice(s), or 31916 0 912-4462300 $ 7,396.00 bill(s) is (are)true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except 3/30/2015 Signature City Engineer Cost Distribution ledger classification if Title claim paid motor vehicle highway fund