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HomeMy WebLinkAbout244230 04/15/15 .'1y u,��`9�f �! �� CITY OF CARMEL, INDIANA VENDOR: 088550 ONE CIVIC SQUARE EVERETT J PRESCOTT INC CHECK AMOUNT: $*******515.14* * �saN�o CARMEL, INDIANA 46032 BOSTONMA 02241-0002 CHECK DATE:CHECK 04/15/15 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 4909568 294.47 OTHER EXPENSES 601 5023990 4910017 56.87 OTHER EXPENSES 601 5023990 4910673 56.87 OTHER EXPENSES 601 5023990 4912255 106.93 OTHER EXPENSES SEE CONDITIONS OF SALE AND PAYMENT TERMS ON REVERSE Pipeline Specialists Everett J.Prescott Inc, W=�OWE 32 Prescott Street4909568 P.O. Box 600iE]P, Gardiner, Me.04345-0600 3/20/15 4909568 Everett J.Prescott,Inc, 4755 W' REHOUSE 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 USTOMERI .Q..N©.. JDB NAM _ _JO _-O _FS- 9SRIPWKG1MEfflHnD JS3915 STOCK 108 4/19/15 1 3/20/15 1 Our Truck PRODUCTLINE I • QUANTITY UNIT PRICE ExTENDEDAMOUNT 1 /NON01651353 611FS313 7.20 CC7 EA 1 68.66 68.66 "TAP 7.5" LENGTH 2 /NON01651355 81fFS313 ,9.40 CC7 EA 1 71.02 71.02 " TAP 7.5" LENGTH 3 /NON01651357 1011FS313 11.50 CC7 EA 1 75.41 75.41 " TAP 7.5" LENGTH 4 /NON01651359 1211FS313 13 .50 CC7 EA 1 79.38 79.38 i " TAP 7.5" LENGTH RECEIVE YOUR INVOICES AND STATEMENTS FASTER! THANK YOU AMOUNT 294.47 CALL YOUR LOCAL OFFICE FOR FAX AND E-MAIL OPTIONS! FOR YOUR BUSINESSI TAX .00 PLEASE NOTE: OUR TERMS PRE .00 .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 Aim BUYER AGREES TO PAY ALL COSTS AND EXPENSES OF COLLECTION,INCLUDING REASONABLE 294.47 ATTORNEY'S FEES,AND EJP CLAIMS A MECHANICS'S LIEN UNDER APPLICABLE STATE LAW. APPRECIATED. i The Prescott Companies Everett J. Prescott, Inc. (EJP) Terms and Conditions of Sale • Prices: Ali prices are subject to change without notice, except where firm quotations have been provided in writing by authorized nlananement personnel of EJP. •Taxes: Prices do not include any present or future federal,state,or local taxes(including,Without limitation, Sales tax, use tax,excise tax.or OlI1ClIViSC) unless specifically stated. it is the responsibility of the Buyer to pay all such taxes. 'faxes Wherc applicable may be added to the price of the products and shall be paid by the Buyer, unless the Buyer burnishes 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'rerms: 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. Commercial Credit terms are Net 30 clays.no cash discounts allowed. Service ice Charges commence after 30 days Inc]; are calculated on the last clay of the month in which the 30th day falls. SERVICE CHARGE IS l;, % PER MONTH (13% A.P.R.) ON THE BALANCE OVER 30 DAYS OF AGE. TFIF' BUYER AGREES TO PAY ALL COSTS AND EXPENSES OF COLLECTION, INCLUDING REASONABLE ATTORNEY'S FEES, and EJP claims a mechanic's lien tinder applicable state law. • Acceptance by i .1P: All orders from the Buyer are subject to acceptance by authorized personnel of IEP, and, in the case of Open Account Sales,approval ot'the EJP Credit Department. • Cancellations: SPECIAL OR NON-STOCK ITEMS MAY NOT BE CANCELLED OR RETURNED AFTER THE PRODUCT(S) IS PLACED INTO PRODUCTION. All charges and costs incurred by EJP as a result of cancellations or order changes will be billed to the Buyer. • Delivery: F.JP will make a good faith cfRrrt 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 ol,EJP, including.but not limited to,acts of God, war, labor difficulties. fire. accidents, inability to obtain materials, Inc] delays of caniers, contractors, suppliers, or manufacturers: 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 fi•oni 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 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 2t shipment delay. or it'EJ 11 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 goods to Buyer, Buyer's representative or common carrier. Delivery xvill 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 10 days following delivery to Buyer. BLIyer shall have 10 clays from (lie 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 tirr 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 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 ITEMS. THE SOLE AND EXCLUSIVE REMEDY FOR SUCi-f ITEMS ALLEGED TO BE DEFECTIVE IN WORKMANSHIP OR MATERIAL WiLL BE THE REPLACEMENT OF THE iTEMS SUBJECT TO ]'HE MANUFACTURER'S INSPECTION AND WARRANTY. All other returned material is subiect to a MiNIMUM 251/o RE-HANDLING CHARGE; plus transportation charges. Unless otherwise agreed by the Buyer and EJP, all ercclit for returned material Will be applied to future orders, Subject to approval by the EJP Credit Department. • Warranty: THE BUYER'S SOLE AND EXCLUSIVE WARRANTY, IF ANY, IS THAT PROVIDED BY THE PRODUCT'S RIP \4AKP.S NO FXPRFSS OR IMPLiFD WARRANTIES. FJP 1-I1".IZI BY DiSCI.AiMS AI.L EXPRESS OR iMPLIED WARRANTIES. WHEITIER IMPLIED BY OPERATION OF LAW OR OTi-(ERWiSE. INCLUDING. WfTI-iOU7- LIMITATION, ALL IMPLIED WARRANTIES OF MERCi-IANTABILITY AND FITNESS OR FiTNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES, AND IN NO EVENT, WILL EJP BE LIABLE FOR PERSONAL INJURY OR PROPL_RTY DAMAGE 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 ACTION ARISING IN CONNECTION WITH TFIE 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 A;reement: This document 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 dealirt- 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 othervise altered except by a Written modification signed by authorized management personnel of. All transactions shall be governed solely by the terms and conditions contained herein. All purchase orders issued pursuant to in EJP quotation shall be deemed issued subject to all EJP ternis and conditions herein contained.These ternis 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 Maine (excluding choice of late provisions). 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 EJi'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, IMA 02241-0502. All other correspondence and inquiries should be directed to your local EJP Division. The I-lonic Of'tice address is 32 Prescott Street, P.O. Box 600. Gardiner, iMaine 04345. Telephone(207)582-1£151. Fax (207) 582-5637. E-mail gip@cjprescott.com. SEE CONDITIONS OF SALE AND PAYMENT TERMS ON REVERSE Pipeline Specialists Everett J.Prescott Inc. N(DIOEONTE 1 32 Prescott Streetif]P P.O,Box6004910017 Gardiner, Me.043450600 IN 3/23/15 P.AC ING SL P NO, 4910017 Everett J.Prescott,Inc. CUSTOM :R NO, 4755 AREHOUSE 2 2 0 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 = GUSTiOMER P..O..NQ. JOB NAME 08 NO. _SLS DATE_DU __ DWTiE SHIP.EED _ SH PP.ING ME iH _ JERRY STOCK 1 108 4/22/15 1 3/23/15 Our Truck PRODUCT • • DAMOUNT 1 55695 F 6X7.5 FLS1 REP CLAMP 684724 EA 1 56.87 56 .87 RECEIVE YOUR INVOICES AND STATEMENTS FASTER! THANK YOU AMOUNT 56.87 CALL YOUR LOCAL OFFICE FOR FAX AND E-MAIL OPTIONS! FOR YOUR BUSINESSI TAX .00 PLEASE NOTE: OUR TERMS FIEIGH►Ti .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.THEHELP IS NEEDED AND • BUYER AGREES TO PAY ALL COSTS AND EXPENSES OF COLLECTION,INCLUDING REASONABLE 56.87 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: Prices do not include any present or future federal,state,or local taxes (including,without limitation.sales tax,use tax,excise tax,or otherwise) unless specifically stated. It is the responsibility of the Buyer to pay all such taxes. Taxes where applicable may be added to the price ol'the products and shall be paid by the Buyer, unless the Buyer furnishes to EJP a tax exemption certificate in a fftum agreeable to the applicable faxing authorities. If EJP is required to prepay any such tax. Buyer will reimburse EJP in full upon<fenutnd. • Payment Terins: 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 ofdelivery. Commercial Credit terms are Net 30 days,no cash discounts allowed. Service Charges commence alter 30 days and are calculated on the last day of the month in which the 30th day falls. SERVICE CHARGE iS 1'/ % PER MONTH (18% A.P.R.) ON THE BALANCE OVI R 30 DAYS OF AGE. Ti-IE BUYER AGREES TO PAY ALL COSTS AND EXPENSES OF COLLECTION. INCLUDING REASONABLE ATTORNEY'S FEES, and EJP claims a mechanic's lion under applicable state law. • Acceptance by EJP: All orders from the Buyer are subject to acceptance by authorized personnel of EJ1', and, in the case of Open Account Sales,approval of'the EJP Credit Department. • Cancellations: SPECIAL OR NON-STOCK ITEMS MAY NOT BE CANCELLED OR RETURNED AFTER THE PRODUCf(S) IS PLACED INTO PRODUCTION. All cltarges and costs incurred by EJP as a result of cancellations or order chanzes will be billed to the Buver. • Delivery: F_JP 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, i1 such non-performance was the result of any events or circumstances beyond the control of l Jil. including. but not limited to, acts of God, war. labor difficulties, fire, accidents, inability to obtain materials. and delays of carriers, contractors. SupplierS, or manufacturers. Under no circumstances shall GIP be liable for any special, consequential; iricidenial. 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 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 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 toxvine charges resulting from "non hard surftce deliveries" shall be 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. Buyer shall have 10 days from the date Buyer receives any products to inspect such products and services for defects and nonconformance and notify E.IP, 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, it'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 tirne for such inspection and revocation. • Returns: Materials cannot be returned without E.IP'S written consent. NO RI TURNS ARE ALLOWED AND NO REFUNDS WiLL BE MADE-,ON (i) PIPE OR (ii) SPECIALLY FABRICATED OR ORDERED ITEMS. THE SOLE AND EXCLUSIVE REMEDY FOR SUCH ITEN,IS ALLEGED 'f0 BE DEFECTIVE IN WORKMANSHIP OR NIATERiAL WILL BE THE REPLACEMENT OF THE ITEMS SUBJECT TO THE MANUFACTURER'S INSPECTION AND WARRANTY. All other returned material is subject to a MINIMUM 25% RE-HANDLING Ci�ARGE, plus transportation charges. Unless otherwise agreed by the Buyer and EJP, all credit for returned material will be applied to future orders,subject to approval by the EJP Credit Department. • Warranty: THE BUYER'S SOLE AND EXCLUSIVE WARRANTY, l.F ANY, IS THAT PROVIDED BY THE PRODUCT'S yl:�\l'P:\CTURf R. FJP MAKFS NO FXPRi-SS OR IMPLIED WARRANTIES. EJP I+EREBY_ DISCLAIMS ALL GXPR_ESS _OR IMPLIED WARRANTiES. WHETHER IMPLIED BY OPERATION OF LAM OR OTHERWISE. INCLUDING, WITHOUT LIMITATION. ALL IMPLIED WARRANTiE'S OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CiRCUMSTANCES, AND IN NO EVENT. WILL E.IP BE LIABLE''. FOR PERSONAL INJURY OR PROPERTY DAMAGE OR ANY OTHER LOSS. DAMAGE, COST OR REPAIRS OR INCIDENTAL, PUNITIVE. SPECIAL,CONSEQUENTIAL. OR LIQUIDATED DAMAGES OF ANY KIND, W-FIETHER BASED UPON WARRANTY, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARiSING IN CONNECTION WiTH THL DESIGN, MANUFACTURE, SALE, TRANSPORTATION, INSTALLATION,OR REPAIR OF THE PRODUCTS SOLD 13Y E.113. 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 Agreement: This document 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 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 EJP quotation shall be deemed 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 Maine (excluding choice of law provisions). 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: L.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 I-tome Office address is 32 Prescott Street, P.O. Box 600. Gardiner, Maine 04345. Telephone(207) 582-1851. Fax (207) 582-5637. E-mail eJpCcejprescott.com. SEE CONDITIONS OF SALE AND PAYMENT TERMS ON REVERSE Pipeline Specialists Everett J.Prescott Inc, WSMOM 1 P32 Prescott Street 4910673 P.O.Box 600 Gardiner, Me,04345-0600 3/23/15 , 4910673 Everett J.Prescott,Inc. 4755 WAREHOUSE 22Q 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 GWIS MEMER.0.N9. JOS NAME JOF ANO � ATE Dt DA , ,IP.P.ED.. H{P.P_IPJ D - JERRY STOCK 3.081 4/22/15 3/23/15 Our Truck PRODUCTLINE • ITEM DESCRIPTIONOUANTITY UNIT PRICE EXTENDED AMOUNT 1 55695 F 6X7.5 FLS1 REP CLAMP 684724 EA 7 56.87 56 .87 RECEIVE YOUR INVOICES AND STATEMENTS FASTER! THANK YOU AMOUNT 56.87 CALL YOUR LOCAL OFFICE FOR FAX AND E-MAIL OPTIONS! FOR YOUR BUSINESSI TAX .00 PLEASE NOTE:OUR TERMS FREI',GHT� .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 56.87 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 orl-7.111. •Taxes: Prices do not include any present or future federal,state,or local taxes(including,without limitation.sales tax, use tax,excise tax,or otherwise) 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 fornm agreeable to the applicable taxing authorities. 11'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 lunds or approved check must be made before or at time of delivery. Commercial Credit terms are Net 30 clays, no cash discounts allowed. Service Charges commence after 30 days and are calculated on the last day of the month in which the 30th day falls. SERVICE CHARGE IS 114, % 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 E.IP claims a mechanic's lien under applicable state law. • Acceptance by BJP: All orders from the Buyer are subject to acceptance by authorized personnel of EJP, and, in the case ol'Open Account Sales,approval of the EJP Credit Department. • Cancellations: SPECIAL OR NON-STOCK ITEMS MAY NOT BE CANCELLED OR RETURNED AFTER THE 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 the Buyer. • 1)elivery: E.11'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 Clue to delay or inability to deliver, if such nort-performance was the result of any events or circumstances beyond the control oI E.IP, including. but not limited to, acts of God, war. labor difficulties, fire, accidents, inability to obtain materials, and delays ol, carriers. contractors, suppliers, or manufacturers. Under no circumstances shall E.111 be liable for anti special, consequential, iricidenial, _ 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 writing. Risk of loss shall transfer to tic Buyer upon tender of goods to Buyer. Buyer's representative, or common carrier. 'file 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 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 lowing charges resulting from "non hard surlace deliveries" shall be 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. 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, nonconlornmance or rejection 017 Rich products. After such 10 day period, Buyer shall be deenmed to have irrevocably accepted the products. it'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 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 iTEMS. THE SOLE= AND EXCLUSIVE REMEDY FOR SUCH ITEMS ALLEGED TO BE DEFECTIVE IN WORKMANSHIP OR MATERIAL WILL BE THE REPLACEMENT OF THE ITEMS SUBJECT TO THE MANUFACTURER'S INSPECTION AND WARRANTY. All other returned material is subject to a MINIMUM 25% RGI iANDLiNG CIIARGI , plus transportation charges. Unless otherwise agreed by the Buyer and EJP, all credit for returned material will be applied to future orders,subject to approval by the EJP Credit Department. • VVarranty: THE BUYER'S SOLE AND E=XCLUSIVE WARRANTY, IF ANY, IS THAT PROVIDED BY THE PRODUCT'S r_�c:rani✓_rz._LJP,.Lvl c> �NSZ.>AXP.Jicss�R_1,��I ,c R,tz.���.IIY�,.>iJ,[�,.11C�r..ra. D ► l t t.t�t t�t�r��s .cam.... iM111.iI71) WARRANTIFS. WHEIT-IER IMPLii T) BY OPERATION OF LAW OR OTHLRWlSI:, iNCLUDING. WITHOUT LIN11TAT lON. ALL IMPLIED WARRANTiES OF MERCHANTABILITY AND FITNESS Olt FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCU v1STANCES. AND IN NO EVENT. WILL. EJP BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAiv1AGE OR ANY OTHER LOSS. DAMAGE,COST OR REPAIRS OR INCIDENTAL, PUNITIVE.SPECIAL,C'ONSEQUENTiAL, OR LIQUIDATED DAMAGES OF .ANY KIND, WHETHER BASED UPON WARRANTY, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING IN CONNECTION WITH THE DESIGN, MANUFACTURE, SALE, TRANSPORTATION, INSTALLATION,OR REPAIR OF THE PRODUCTS SOLD BY EJP. BUYER ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES. FIND IN NO EVENT, SHALL EJP'S LIABILITY, iF ANY, EXCEED THE NET SALES PRiCE OF THE DEFECTIVE PRODUCT(S). • Entire Agreement: This document constitules the entire, complete, and exclusive agreement between dile parties with respect to the subject matter hereof and contains all the agreenments 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 nmana-ement personnel of L'J1'. 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 E.111'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 Maine (excluding choice of law provisions). 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 ot'the State of'ivlaine within file applicable statutory period. • Communications: Payments only should be directed to: EJ. Prescott, Inc., P.O. Box 350002, Boston, MA 02241-0502. All other correspondence and inquiries stmould be directed to your local E.IP Division. The Home Office address is 32 Prescott Street, i'.O. Box 600. Gardiner, Maine 04345.Telephone(207)582-1851. Fax(207) 582-5637. E-mail ejp(ir),ejprescott.com. SEE CONDITIONS OF SALE AND PAYMENT TERMS ON REVERSE Pipeline Specialists Everett J, Prescott Inc, �paG No. 1 32 Prescott Street P, P.O.Box 600 • • 4912255 Gardiner, Me.04345-0600 (NVy0• CE DArTiE 3/23/15 P.AQKING IP No. 4912255 Everett J.Prescott,Inc. cusTOM=R No. 4 7 5 5 WAREHOUSE 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 US i• 11•q. • f. . � • -1. •� • ��a• .ii�' ' aava• .�i-t5,1002 JERRY STOCK 108 4/22/15 3/23/15 Our Truck PRODUCTLINE • QUANTITY UNIT PRICE EXTENDED AMOUNT 1 56608 F 8X12 FLS1 REP CLAMP 899939 EA 1 106 .93 106.93 2 /NON01682975 12 FS313 SADDLE 3/4CC 1310-13.50 EA 0 60.80 .00 RECEIVE YOUR INVOICES AND STATEMENTS FASTER! THANK YOU AMOUNT 106.93 CALL YOUR LOCAL OFFICE FOR FAX AND E-MAIL OPTIONS! FOR YOUR BUSINESS! TAX .00 PLEASE NOTE: OUR TERMS REIGF{ .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 106.93 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: Prices do not include any present or feature federal, state,or local taxes(including,without limitation,sales tax,use tax,excise tax,or otherwise) 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 in approved commercial Open Credit account is established,payment in good funds or approved check must be made before or at time of delivery. Commercial Credit terms are Net 30 days,no cash discounts allowed. Service Charges commence after 30 days and are calculated on the last day of the month in which the 30th day falls. SERVICE CHARGE iS 1'/z %, 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 Buver 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 MAY NOT BE CANCELLED OR RETURNED AFTER THE PRODUCT(S) 1S PLACED INTO PRODUCTION. All charges and costs incurred by EJP as a result of cancellations or order clianges will be billed to the Buyer. Delivery: E.IP will make a good faith effort to complete delivery of the products; provided, however, that EJP assumes no responsibility or liability for loss or damame due to delay or inability to deliver, if such non-performance was the result of any events or circumstances beyond the coni-ol 01'EJP, including. but not limited to, acts of God, war. labor difficulties, lire, accidents, inability to obtain materials. and delays of f carriers, contractors, suppliers, or manufacturers. 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 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 die 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 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. Arav damage or towing charges resulting fi-om "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 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 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 and 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 ITEMS. THE SOLE AND EXCLUSIVE REMEDY FOR SUCH ITEMS ALLEGED TO BE DEFECTIVE iN WORKMANSHIP OR MATERIAL WiLL BE THE REPLACEMENT OF THE ITEMS SUBJECT TO THE MANU'FACTURER'S INSPECTION AND WARRANTY. All other returned material is subject to a MINiMUM 25% RE-HANDLING CHARGE, plus transportation charges. Unless otherwise agreed by the Buyer and EJP, all credit for returned material will be applied to future orders,subject to approval by the EJP Credit Department. I • ti\'arranty: THE BUYER'S SOLE AND EXCLUSIVE WARRANTY, iF ANY, IS THAT PROVIDED BY THE PRODUCT'S Ir.....rV1A•��1diFr1 C+.T fdrRr�R-�r&iJP+tt1AK-ES-d�1�FaXaPrR E�SS4OR�C�hPL�tE-B—�N-A R R�.�3=i*3�L^��)•JiC:+�fofr�R:C��D�IS{�++1�ts,1��SyAinix�G�3C�PiCZLt�SSsO,it� IMPLIED WARRANTIES. WHETHER IMPLIED BY OPERATION OF LAW OR OTHERWISE. INCLUDING, 1VITIIOUT LIMITATION. ALL IMPLIED WARRANTIES OF MERCHANTABILiTY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES, AND IN NO EVENT, WILL EJP BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE 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 LIABTLITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING IN CONNECTION WTLI-I THE DESIGN, MANUFACTURE; SALE, TRANSPORTATION, INSTALLATION,OR REPAIR.OP THE PRODUCTS SOLD BY EJP. BUYER ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUIMSTANCES,AND IN NO EVENT, SHALL EJP'S LIABTLITY, IF ANY, EXCEED THE NET 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 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 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 EJP quotation shall be deemed 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 Maine(excluding choice of law provisions). 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, i3oston, NIA 02241-0502.All other correspondence and inquiries should be directed to your local E.IP Division.The Home Office address is 32 Prescott Street. P.O. Box 600, Gardiner,Maine 04345.Telephone(207)582-1851. Fax(207) 582-5637. E-mail ejp(i:uejprescott.com. VOUCHER # 151445 WARRANT# ALLOWED 88550 IN SUM OF $ E.J. Prescott, Inc. P.O. Box 350002 Boston, MA 02241-0002 1� Carmel Water-Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO# INV# ACCT# AMOUNT Audit Trail Code 4909568 01-6200-06 $294.47 9 56 I I I i Voucher Total $2 4.17— Cost . 7Cost 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 4/7/2015 't Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 4/7/2015 4909568 $294.47 I � i 4 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 r Date ( Officer