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HomeMy WebLinkAbout244695 04/29/15 (9, CITY OF CARMEL, INDIANA VENDOR: 088550 ONE CIVIC SQUARE EVERETT J PRESCOTT INC CHECK AMOUNT: $""'•1,808.73` CARMEL, INDIANA 46032 PO BOX 350002 CHECK NUMBER: 244695 BOSTON MA 02241-0002 CHECK DATE: 04/29/15 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 4914949 106.93 OTHER EXPENSES 601 5023990 4915639 1,323.00 OTHER EXPENSES 601 5023990 4915662 318.00 OTHER EXPENSES 601 5023990 4916563 60.80 OTHER EXPENSES SEE CONDITIONS OF SALE AND PAYMENT TERMS ON REVERSE Pipeline Specialists Everett J.Prescott Inc. PAGE NO. 1 32 Prescott Street P.O,Box 600 • • • 4914949 illp, Gardiner, Me.04345-0600 INVOICE -ATE 4/13/15 eAc�;N sr P No. 4914949 Everett J.Prescott,Inc. CUS1T= R —. 47551 WARE (OUSE 2201 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 B,TdA __.-108_iV©__SLS._ _ MIKE L STOCK 106 5/13/15 1 4/13/15 1 Our Truck LINE PRODUCT NUMBER AND ITEM • • AMOUNT 1 56607 F 8X12 FLS1 REP CLAMP 854894 EA 1 106.93 106 .93 RECEIVE YOUR INVOICES AND STATEMENTS FASTER! THANK YOU AMOUNT 106 .93 CALL YOUR LOCAL OFFICE FOR FAX AND E-MAIL OPTIONS! FOR YOUR BUSINESSI 7AX .00 PLEASE NOTE: OUR TERMSFREG IHT� .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 ATTORNEY'S FEES,AND EJP CLAIMS A MECHANICS'S LIEN UNDER APPLICABLE STATE LAW. APPRECIATED. 106.93 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 authoriiccf management personnel of EJP. •Taxes: Prices do not include any present or future federal,slate, or local taxes(including,wirhotit limita(ion,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 lorm 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 lot'commercial, non-consumer use only. Unless an approved conurrercial Open Credit account is established, payment in good funds or approved check must be made before or(it tirne of delivery. Commercial Credit terrrts are Net 30 days. no cash discounts allowed. Service Charges commence after 30 days and are calculated on the last day ofthe month in which the 30th day falls. SERVICE CHARGE IS 11.4 °t> PER MONTH (18% A.P.R.) ON THE BALANCI: OVER 30 DAYS 01= ,AGE. Till BUYER AGREES TO PAY :ALL COSTS :AND EXPENSES OF COLLECTION. INCLUDING REASONABLi= ATTORNEY'S FEES, and EJP claims a mechanic's lien under applicable state law. • Acceptance by E,IP: All orders from the Buyer are subject to acceptance by authorized personnel of EJP, and, in the case of Open Account Sales,approval ofthe E.IP Credit Department. • Cancellations: SPECiAL OR NON-STOCK ITE71MS MAY NOT BE CANCELLED OR RETURNED AFTER THE PRODUCT(S) IS PLACED INTO PRODUCTION. All charges and costs incurred by E.iP as a result of cancellations or order changes \.N ill be billed to tyre Buyer. • Delivery: E.IP xviil make a good faith effort to complete delivery of the products: provided; however, that E.111 assumeS no responsibility or liability for loss or damage due to delay or inability to deliver, il'Such non-performance \was the result of any events or circurristances 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. supplier, or manufacturers. Under no circumStanccs shall E.IP-be liable fir 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 anv special packing or special handling caused by Buyer'; rcquirementS or requests shall be added to the amount of the order. It*Buyer causes or requests a shipment delay, or it'EJP ships or delivers the products erroneouSly as a result of inaccurate, incomplete or misleading information sulaPliecf by Buyer or its agents or employees,storage and all other additional costs and risks shall be borne solely by Buyer. Claims 11or 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 surlitce deliveries" shall be the responsibility of the Buyer. • Inspection and Acceptance: Claims for damage. shortage or errors in shipping must be reported within 10 clays following delivery to Buyer. Buyer shall have 10 clays 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 ol'such products. After such 10 day period. Buyer shall be deemed to have irrevocably accepted the products, it not previously accepted. After such acceptance, Buycr shall have no right to reject the products for any reason or to revoke acceptance. Buyer hereby agrees that Such 10 clay period is a reasonable amount of time for such inspection and revocation. • Returns: Materials cannot be returned without E.JP'S written consent_ NO RETURNS ARE ALLOWED AND NO REFUNDS WILL BE MADE ON (i) PiPE OR (ii) SPECIALLY FABRICATED OR ORDERED ITI-HiMS. THE SOLi. AND EXCLUSIVE REMEDY FOR SUC.'I I ITEi11S ALLEGED TO BE DEFECTiVE IN WORKMANSHIP OR tMATERIAL WILL BE THE RI PIACI NIF;NT 01= f111, FI-I:\-1S SUBJECT TO THE MANUFACTURER'S INSPECTION AND WARRANTY. All other returned material is subject to a MINIMUtV1 '544, RE-HANDLING CI AIZGE, plus transportation charges. Unless otherwise agreed by the Buycr and FJP, all credit for returner] material will be applied to torture orders, subecr ito approval by the EJP Credit Department. • Warranty: THE BUYER'S SOLE AND EXCLUSIVE. WARRANTY. IF ANY. IS THAT PROVIDED BY THE' PRODUCT'S MANUFAC'TURFIZ. I-JP MAKE-S NO EXPRESS OR IMPLIED WARRANTIES. FJP i-IEREBY DISCLAIMS ALL L_XPRI_SS OR IMPLIED WARRANTIES, WHETHER IM131-IED BY OPERATION OF LAV OR OTHERWiSE. INCLUDING, WITHOUT LIZ'ifTATiON, ALL IMPLIED WARRANTIES Oi= MERCHANTABILITY AND FITNESS OR FITNESS l'OR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES, AND IN NO EVENT, WILL EJP BE LIABLE FOR PERSONAL INJURY OR PROPERTY" DAMAGE OR.ANY OTHER LOSS. DAN4AGE.COST OR REPAIRS OR iNC;IDENTAL, PUNITIVE.SPECIAL,CONSEQUENTIAL,OR LIQUIDATI_D DAMAGES OF ANY KiND. WHETHER BASED UPON WARRANTY. CONTRACT. STRICT LIABILITY. NEGLIGENCE OR ANY OTHER CAUSE OF AC'T'ION ARISING IN CONNECTION WITi-I THE DESIGN, MANUFACTURE, SALE, 'TRANSPORTATION, INSTALLATION,OR REPAIR OF THE PRODUCTS SOLD BY HIP. BUYER ACKNOWLCDCiES AND AGREES THAT UNDER NO CIRCUMSTANCES, AND IN NO EVENT.NT. SHALL E.IP'S LIABILITY. IF ANY, EXCEED THE NF-,T SALFS PRICE OF THE DEFECTIVE PRODUCT'S). • Entire Ai-cement: This dOeltment 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: TIO course of dealing or usage of the trade shall be applicable unless expressly incorporated herein. 'Tile 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 contained herein. All purchase orders issued pursuant to in HP quotation shall be deemed issued subject to all FLIP terms and conditions herein contained. These terms and conditions shall supersede those of the Buycr. • Governing Lan: This transaction shall be governed in all respects by the laws of the State oTMaine (excluding choice of law provisions). All actions, regardless of form, arising out of or in connection with this transaction, the products sold by F'Ji', or the relationship between the Buyer and EJP shall be brou011t in the Mull,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, i3ostorr, MA 02241-0502. ,All other correspondence and inquiries Should be dircctcd to your local E.1 11 Division. 'The Yong Office address is 32 Prescott Street, P.O. Box 600. Gardiner. Maine 04345.Telephone (207) 582-1851. Fax(707) 582-5637. E-mail ejp(i; SEE CONDITIONS OF SALE AND PAYMENT TERMS ON REVERSE Pipeline Specialists Everett J.Prescott Inc, "r=CU_S 1 32 Prescott Street 4915662 P.O.Box 600Gardiner, Me,04345-0600 4/10/15 4915662 Everett J.Prescott,Inc. 4755 WAREHOUSE 220 113P 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 greg hollander 46074 Carmel, IN 46074 GREG r STOCK I I 108 5/10/15 4/03/15 Direct Prepay/Add LINE PRODUCT NUMBER • • • 1 /NON01688814 LPDPITOTKIT EA 2 159.00 318 .00 RECEIVE YOUR INVOICES AND STATEMENTS FASTER! THANK YOU AMOUNT 318.00 7AX CALL YOUR LOCAL OFFICE FOR FAX AND E-MAIL OPTIONS! FOR YOUR BUSINESS! .00 NOTE:OUR TERMS & E .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 318.00 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. •TAXCS: 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 specilically stated. It is the responsibility of the; Buyer to pay all such tales. Taxes where applicable may be added to the price of the products and shall be paid by the. Buyer, unlesti the Buyer furnishes to EJP a tax exemption certificate in a form agreeable to the applicable taxing authorities. If E.1P 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. Commercial Credit terms are Net 30 days,no cash discounts allowed. Service Charges commence after 30 days and are calculated on the last clay of the month in which the 30th day falls. SERVICE CHARGE IS I;'� ". PER MONTH (18% A.P.R.) ON THE BALANCE OVER 30 DAYS OF AGE. TI-1.F 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 i3uyer are subject.to acceptance by authorized personnel of EJP; and, in t:he case of Open Account Sales,approval of the EJP Credit Departtiient. • 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 witl be billed to the Buver. • IDeliverv: 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, if such non-performance was the result of any events or circumstances beyond [lie control ol'EJP, including. but not limited to, acts of'God, war, labor difficulties. fire, accidents, inability to obtain materials, anal delays of carriers, contractors, suppliers; or manufacturers. Under no circumstances shall EJP be liable for any special, consequential, incidentai, indirect, or liquidated damages. losses,or expense(whether or not based on negligence) arising directly or indirectly from delays or failure to (,ive notice of delay. • shipment: Shipment ofall products is to one given destination for all items including pipe. unless othertivise indicated in writing. Risk Of' loss shall transfer to the Buyer upon tender ol'goods to Buyer. Buyer's representative, or common carrier. The cost ofany 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. Dclivery will be made on hard surfaces only. Anv damage or towing charges resulting froth "lion hard surface deliveries" shall be the responsibility of the Buyer. • Inspection and Acceptance: Claims for clamage. shortage or errors-in shipping must be reported within Ill days following delivery to Buyer. Buyer shall have 10 clays 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, raoncorrfonnance or rejection of such products. Atter 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: N9aterials cannot be returned without E.IP'S written consent. NO RETURNS ARE ALLOWED AND NO REFUNDS WILL BE MADE ON (i) PIPE OR (ii) SPECIALLY FABRICATED OR ORDERED ITL-'MS. THE SOLE AND EXCLUSIVE REMEDY FOR SUCH ITEMS ALLEGED TO BE DEFEC'TiVE IN WORKMANSHiP OR MATERIAL WILL BE THE REPLACEMENT OF THE ITE;1-VIS SUBJECT TO THE MANUFACTURER'S INSPECTION AND WARRANTY. All ocher returned material is subject to a MINIMUM 2540 RL--i IANDLING 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. • 'Warranty: THE BUYER'S SOLE AND EXCLUSIVE WARRANTY, IF ANY, IS TFIAT PROVIDED BY THE PRODUCT'S _ MANUFACTURER. .EJR-AI J_'1KES NC) EXPRESS O-R—INIP-LiED_\'v'ARR.LNTIES._LJP_ HEREBY DISCLfV11S_ ALL _LXPRES.S__OR__ IMPLIED WARRANTIES, WHETHER IMPLIED BY OPERATION OF LA\'l•'' OR OTHERWISE, INCLUDING, WiTHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTiCULAR PURPOSE. UNDER NO CIRCUMSTANCES. AND 1N NO EVENT, WiLL EJP BE L.iABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE OR ANY OTHER LOSS, DAMAGE, COST OR REPAIRS OR INCIDENTAL, PUNITIVE. SPECIAL,,CONSEQUENTIAL, OR LiQUIDATL-D DAMAGES OF .ANY KiND, WHETHER BASED UPON WARRANTY, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING IN CONNECTION WIT1-I THE 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, 1F 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 Nwirh respect to the subject matter hereof and contains all the agreements and conditions of sale: no course of dealings 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 F;JP. 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.11)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 ol'imv provisions). All actions. regardless of form, arising out of or in connection with this transaction,the products sold by EJP; or the relationship beta ten the Buyer and EJP Shall be brought to the Courts of the State of Niaine 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 E,IP.Division. The}-tome Office address is 32 Prescott Street, P.O. Box 600. Gardiner, Maine 04345. Telephone(207) 582-1851. Fax(207)582-5637. E-mail ejp@-ejprescott.com. SEE CONDITIONS OF SALE AND PAYMENT TERMS ON REVERSE Pipeline Specialists Everett J.Prescott Inc. W=GUSOMEn 1 il]Pk32 Prescott Street P.O.Box 600 4915639 Gardiner, Me.04345-0600 4/10/15 4915639 Everett J.Prescott,Inc. 4755 AREHOUSE 22 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 attn greg hollander 46074 Carmel, IN 46074 4'LLSTO = •B LIAM O NO LS T DAT SHtPP=• HIP- N-( aT. GH4315 STOCK 108 5/10/15 1 4/03/15 Direct Prepay/Add PRODUCT •ITEM DESCRIPTIONQUANTITY UNIT PRICE EXTENDED AMOUNT 1 /NON01688786 LPD CHLOR 140TAB EA 1 165.00 165.00 2 /NON01688787 VITA-D-CHLOR 140 EA 2 579.00 1,158.00 RECEIVE YOUR INVOICES AND STATEMENTS FASTER! THANK YOU AMOUNT 1,323 .00 CALL YOUR LOCAL OFFICE FOR FAX AND E-MAIL OPTIONS! FOR YOUR BUSINESS! WD .00 PLEASE NOTE: OUR TERMS .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 1,323.00 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 chance without notice, except where firm quotations have been provided in writing by authorized management personnel o('L-JP. •Taxes: Prices do not include any present or future federal,stale,or local taxes(including,wilhout 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 ~\,here applicable may be added to the price of the products and shall be paid by the Buyer, unless tile.. Buyer furnishes to EJP a tax exemption certificate in a form agreeable to the applicable taxing authorities. 1'f EJP is require([ to prepay any such (ax. 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 coil)nicrcial Open Credit account is established, payment in good funds of approved check must be made before or at time ofdclivery. Commercial Credit terms are Net 30 days.no cash discounts:lllovved. Service Chal'Qcs commence after 30 days and are calculated on the last day of the month in which the 30th day falls. SERVICE CHARGE IS i'.i ° PIR MONTH (18% A.P.R.) ON THE BALANCE OVER 30 DAYS OF AGI Till=: BUYER AGREES TO PAY ALL COSTS AND EXPE=NSES 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 aulhoriied personnel of EJP, and, in the case of Opcn Account Sales,approval of the E.111 Credit Department. • Cancellations: SPECIAL OR NON-STOCK ITEiMS MAY NOT 13E CANC'ELLE'D OR RE"TURNED AFTER THE PRODUCT(S) 1S PLACI''D INTO PRODUCTION. All charges and costs incurred by EJP as a result of cancellations or order changes will he billed to the Buyer. • Delivery: i-JP will make a good faith effort to complete delivery ol'the products: provided, however, that EJP assumes no responsibility or liability fur loss or dalnale dile to delay or inability to deliver, ifsuch non-performance was the result ofany events or circumstances hey-olid the control of E,IP, including. but not limited to, acts of God, war, labor difficulties, fire.accidents, inability to obtain materials, and delays of carrier,, contractors. suppliers; or manufacturers. Under no circunlstauees 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 five notice of delay. • Shipment: Shipment of all products is to one riven 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(he 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. Clainis for products damaged or lost in transit should be made by Buyer to the carrier, as IJP's responsibility ceases upon tender of goods to Buyer. Buyer's representative or common carrier. Delivery will be inade on hard surfaces only. Any damage or lowing charges resulting from "non hard surface deliveries" shall be the responsibility of the Buyer. • Inspection and :Acceptance: Claims for damage. shorta«e or errors in shipping must he reported within 10 days following delivery to Buyer. Buyer shall have 10 clays from the date Buyer receives any products to inspect such products and services Rir defects and nonconiornlance and notify E.1P, in writing. of any del'ects. nonconformance or rejection of such products. After such 10 clay period. Buyer shall be deemed to have irrevocably accepted the products, if not previously accepted. After such acceptance, Buyer shall ha VC no richt to r(ject the products for any reason or to revoke acccptancc. Buyer hereby agrees that such 10 clay period is a reasonable amount of time for such inspection arid revocation. • Returns: Materials cannot be returned without EJ1''S written consent_ NO RE.-FURNS :ARE ALLOWED AND NO REFUNDS WiLL. BE MADE ON (i) PIPE OR (ii) SPECiALLY FABRICATED OR ORDERED ITEjPv1S. THE SOLI: AND EXCLUSIVE REMEDY FOR SUC1 f iTEMS ALLEGED TO BE DEFECTIVE 1N WORKMANSHIP OR MATERIAL WILL BL: Ti-IE REPLACEMENT OI' 1'111' 11'E\-1S SUBJECT 1-0 THE MANUFACTURER'S INSPECTION AND WARRANTY. All other returned material is subject to a MINIMUM 15';i RGH;ANDLiNG CHARGE, plus transportation charges. Unless otherwise agreed by the Buyer and E.11', all credit for returned material will be applied to 11iture orders.subject to approval by the E.111 Credit Department. • NVarranty: THE BUYER'S SOLE AND EXCLUSIVE WARRANTY. IF ANY. IS THAT PROVIDED 13Y THE PRODUCT'S MANUFACTURER. EJP MAKES NO EXPRESS OR IMPLIED WARRANTIES. EJP IIERE13Y DISCLAiMS ALL I-XPRISS OR IMPLIED WARRANTIES, WHETHER IMPLIED BY OPL'RATION OF LAW OR OTHERWISE. INCLUDING. WITHOUT LMMIT;ATiON, ALL. IMPLIED WARRANTIES OF IMERCHANTABiLITY AND Fl"I"NESS OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES, AND IN NO EVENT, WILL E.111 Bi LIABLE FOR PERSONAL, INJURY OR PROPERTY DAMAGE OR ;ANY OTHER LOSS. DAMAGE.COST OR REPAIRS OR INCIDENTAL, PUNITIVE, SPECIAL,CONS EOUF:NTLAL. OR LIQUIDATED DAMAGES OF ANY KiND, W1-11 THER BASED UPON WARRANTY. CONTRACT. STRiCT LIABILITY,NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING IN CONNECTION WITi-I THE DESIGN, MANUFACTURl', SALE. TRANSPORTATION, INSTALLATION,OR REPAIR OF THE PRODUCTS SOLD 13Y FLIP. BUYER ACKNOWL_EDGES :AND AGREES TI-I.=AT UNDER NO CIRCUNISTANCL--S, AND IN NO EVENT. SHALL EJP-S LIABILITY. IF ANY, EXCEED THE NFT SALES PRICI_ OF 1-i iE DEFECTIVE PRODUCT(S). • Entire Agreement: This document constitutes the entire. complete. and exclusive agreement between the parties with respect to rhe 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. modilicd, superseded or otherwise altered except by a written modification signet( by authorized management personnel of E.IP. All transactions shall be governed solely by the terms and conditions contained herein. All purchase orders issued pursuant to an EJP cluotation shall be deemed issued subjec( 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 all respects by the laws of the State of Maine (excluding choice of law provisions). All actions. regardless of flirm. arising out ol'or in connection \with this transaction, the products sold by EJP, or the relationship between the Buyer and EJP shall be brourllt Irl the cOUr't1,of the State of Maine within the applicable statutory period. •Communications: Payments only should be directed to: E..I. Prescott, tile., P.O. Box 350002, Boston. MA 02241-0502. All other correspondence and inquiries should be directed to your local GIP Division. The Home Office address is 32 Prescott Street. P.O. Box 600. Gardiner. Maine 04345. Telephone(207) 582-1851. Fax(307) 582-5637. E-mail ejp(jt ejprescott.com. SEE CONDITIONS OF SALE AND PAYMENT TERMS ON REVERSE Pipeline Specialists Everett J.Prescott Inc. M�=EO 1 32 Prescott Street P.O.Box 600 4916563 Gardiner, Me.04345-0600 4/07/15 4916563 Everett J.Prescott,Inc. 4755 220 REMIT TEAM EJP W. Indianapolis WAREHOUSE> TEAM EJP W. Indianapolis ORIGINAL INVOICE TO> E.J. PRESCOTT INC. 6309 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 _DA7 .SHIFP,E JERRY STOCK 108 5/07/15 1 4/07/15 1 Our Truck PRODUCTLINE • QUANTIWI UNIT PRICE EXTENDED AMOUNT 1 /NON01682975 12 FS313 SADDLE 3/4CC 1310-13 .50 EA 1 60.80 60.80 RECEIVE YOUR INVOICES AND STATEMENTS FASTER! THANK YOU AMOUNT 60.80 TAS CALL YOUR LOCAL OFFICE FOR FAX AND E-MAIL OPTIONS! FOR YOUR BUSINESSI .00 NOTE: OUR TERMS .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 AND • BUYER AGREES TO PAY ALL COSTS AND EXPENSES OF COLLECTION,INCLUDING REASONABLE 60.80 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. •Tries: Prices do not include any present or future federal.state,or local taxes(including,without fitnitanon,sales tax, use tax,excise tax,ur 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 fun! upon denuuul. • 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 tirne of delivery. Commercial Credit term, are Net 30 days.no cash discounts allowed. Service Charges commence atter 30 days and are calculated on the last clay ofthe month ill which the 30th day falls. SERVICE CHARGE IS 1'/z %l PER MONTH (18% A.P.R.) ON THE BALANCE OVER 30 DAYS OF AGE. TiiF. BUYER AGREES TO PAY ALL COSTS AND EXPENSES OF COLLECTION. INCLUDING REASONABLE ATTORNEY'S FEES, incl 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 ol'Opern ACCOlinl Sales•approval of the GIP Credit Department. • Cancellations: SPECIAL OR NON-STOCK ITEMS MAY NOT BE CANCELLED OR RETURNED AFTER THE PR.ODUC'T(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. • 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 clue to delay or inability to deliver, il'such non-performance Nvas the result of any events or circumstance, 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 manufacturers. Under no circumstances shall E.IP 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 he added to the amount of the order. 1 f 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, Buyers representative or common carrier. Delivery will be made on hard surfaces only. Any damage or towing 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 roust be reported within 1.0 days Following delivery to Buyer. Buyer shall have 10 days froth 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 ol'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: ivIaterials cannot be returned without E.IP'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 REtilEDY FOR SL';CH ITEMS ALLEGED TO BE DEFECTIVE IN WORKMANSi-IIP OR MATERIAL WILL BE THE REPLACEMENT OF Ti-1L: VOUCHER # 151559 WARRANT # ALLOWED 88550 IN SUM OF $ E.J. Prescott, Inc. P.O. Box 350002 Boston, MA 02241zE)90S 02- Carmel ZCarmel Water Utility I ON ACCOUNT OF APPROPRIATION FOR 1 j I Board members PO# INV# ACCT# AMOUNT I Audit Trail Code 7 � I _ 4915639 01-6200-06 $1,323.00 Lj4Ile-�sL-�> 'i (� Lfet hitt 4ci I L-)6913 3IUD i Voucher Total Cost distribution ledger classification if claim paid under vehicle highway fund I i 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. r Payee 88550 E.J. Prescott, Inc. Purchase Order No. P.O. Box 350002 1 Terms Boston, MA 02241-0002 Due Date 4/21/2015 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 4/21/2015 4915639 $1,323.00 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 Date Officer