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248405 08/12/15 a.5�e CITY OF CARMEL, INDIANA VENDOR: 363353 ONE CIVIC SQUARE JWC ENVIRONMENTAL LLC CHECK AMOUNT: $*****3,637.34* :l ,=a: CARMEL, INDIANA 46032 PO BOX 848853 CHECK NUMBER: 248405 9M�<*dti�°� LOS ANGELES CA 90084-8853 CHECK DATE: 08/12/15 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 651 5023990 69623 3,637.34 OTHER EXPENSES Invoice No: 69623 Date: 7/2112015 �� 3��° Order No: S017768-GA [ Page No: 1 290 Paularino Ave. F.O.B: Origin Costa Mesa, CA 92626 (949) 833-3888 Sold o ShIPZ To Carmel Wastewater Utilities Carmel Waste Water Treatment Plant Attn: Paul Arnone Attn:Duane Jarvis 9609 Hazel Dell Pkwy 9609 Hazel Dell Pkwy Indianapolis, IN 46280-2935 Indianapolis, IN 46280-2935 US US TIN:45-2771126 DUNNS#61-059-2388 CUSTOMER ID CUSTOMER P_O „" ' PAYMENT TERMS'" FREIGHT TERMS 6013429 S15297 Net 30 Days Freight: Billed SALES REP ID SHIPPING METHOD SHIP DATE INVOICE DUE DATE 026 UPS Ground 7/21/2015 8/2012015 QUANTITY ,... T] UNIT"' EXTENDED . LI# ORD SHP BCK PART DESCRIPTION X;' PRICE PRICE 1 4 4 0 A34320-TV SEAL KIT, BEARING CRTG $875.53 $3,502.12 VITON/SPARES 2 2 2 0 34083 SPACER, BEARING $31.87 $63.74 3 2 2 0 34014-0002 GASKET, END HOUSING $11.56 $23.12 SUB TOTAL: $3,588.98 SALES TAX: $0.00 SHIPPING & HANDLING CHARGES: $48.36 TOTAL AMOUNT DUE: $3,637.34 PLEASE REFERENCE THIS INVOICE NUMBER ON YOUR CHECK AND REMIT TO: JWC Environmental,LLC _ P.O. Box 848853 Los Angeles, CA 90084-8853 IF PAYING BY ACH OR WIRE: ACH/WIRE INSTRUCTIONS BANK NAME:WELLS FARGO ADDRESS: IRVINE,CA. ABA#: 121000248 ACCOUNT#:4123519118 ACCOUNT NAME: JWC Environmental, LLC I JWC ENVIRONMENTAL TERMS AND CONDITIONS OF SALE Unless otherwise specifically agreed to in writing by the buyer("Buyer")of the products and or related services purchased hereunder(the"Products")and JWC Environmental(the"Seller'),the sale of the Products is made only upon the following terms and conditions. Whether these terms are included in an offer or an acceptance by Seller,such offer or acceptance is conditioned on Buyer's assent to these terms. Seller rejects all additional,condhonal and different terns in Buyer's form or documents. --PAYMENT TERMS--- -- - -- - - - - - --- - Subject to any contrary terms set forth in our price quotation,order acceptance or invoice the full net amount of each invoice is due and payable in cash within 30 days from the date of the invoice.If any payment is not received within such 30-day period,Buyer shall pay Seller the lesser of 1%%per month or the maximumlegal rate on all amounts not received by the due date of the invoice,from the 31st day after the date of invoiceuntil said invoice and charges are pard in full Unless Sellers documents provide otherwise,freight,storage,insurance and all taxes,duties or other governmental charges related to the Products shall be paid by the Buyer. If-Seller is required to pay any such charges,Buyer shall immediately reimburse Seller for said charges. In all cases,regardless of partial payment,title to the Products shall remain the Sellers until payment for the Products has been made in full.All orders are subject to creditapproval by Seller. All offers bySeller and/or acceptance of Buyers order shall be nullified by any failure of Buyer to obtain credit approval. Furthermore,Buyer shall not assert any claim against Seller due to Buyer's inability to obtain credit approval. Irrevocable Letter of Credit from Buyer in form and term acceptable to Seller is required for Product orders delivered outside the United States of America. DELIVERY Unless otherwise provided in our price quotation,delivery of the Products shall be made F.O.B.place of manufacture.Any shipment,delivery inor service dates quoted by the Seller are estimated and the Seller shall be obligated only to use reasonable efforts to meet such dates.The Seller shall in no event be liable for any delays in delivery or failure to give notice of delay or for any other failure to perform hereunder due to causes beyond the reasonable control of the Seller. Such causes shall include,but not be limited to,acts of God,the elements,acts or omissions of manufacturers or suppliers of the Products.or parts thereof acts'or omissions of Buyer or civil and military authorities,fires,labor disputes or any other inability to obtain the Products,parts thereof dr necessary power,labor,materials or supplies.The Seller will be entitled to refuse to make,or to delay,any slupments of the Products if Buyer shall faz]to pay when due any amount owed by it to the Seller,whether under this or any other contract between the Seller and Buyer.Any claims for shortages must be made to the Company in writing within five calendar days from the delivery date and disposition of the claim is solely subject to Sellers determination. PRICES Prices of the Seller's Products are subject to change without notice.Quotations are conditioned upon acceptance within 30 days unless otherwise stated and are subject to correction for errors and/or omissions.Prices include charges for regular packagingbut,unless expressly stated,do not include charges for special requiements of government or other purchaser.Prices are subject to adjustment should Buyer place an order past the validity period ofthe quotation or delay delivery ofProducts beyond the quoted lead timefor any reason. RETURNS No Products may be returned for cash.No Product may be returned for credit after delivery to Buyer without Buyer first receiving written permission from the Seller. Buyer must make a request for return of Product in writing to Seller at its place of business in Costa Mesa,Calfornia.A return material authorization number must be issued by theSeller to the Buyer before a Product may be returned. Permission to return Product to Seller by Buyer is solely and exclusively the Sellers.Product must be returned to Seller at Buyers expense,including packaging,insurance,transportation and governmental fees. Any credit for Product returned to Seller shall be subject to the inspection of and acceptance of the Product by the Siler and is at the sole discretion of the Seller. LIMITED WARRANTY— -- Subject to the terms and conditions hereof,the Seller warrants until one year after commissioning(written notification to Seller by Buyer required)of the Product or until 18 months after delivery of such Product to Buyer,whichever is earlier,that each Product will be free of defects in material and workmanship.If(a?the Seller receives written notAcation of such defect during the warranty period and the defective Products use is discontinued promptly upon discovery of alleged defect,and(b)if the owner("Owner')forwards the Product to the Seller's nearest service/repair facility,transportation and related insurance charges prepaid. Tire Seller will cause any Products whose defect is covered under this warranty to either be replaced or be repaired at no cost to the Owner.The foregoing warranty does not cover repairs required due to repair or alteration other than by the Seller's personnel,accident,neglect,misuse,transportation or causes other than ordinaryuse and maintenancem accordance with thelSeller's instructions and specifications.In addition,the foregoing warranty does not cover any Products,or components thereof,which are not directly manufactured by the Seller.To the extent a warranty for repair or replacement of such Products Or components not manufactured directly by the Seller is available to Buyer under agreements of the Seller with its vendors;the Seller will make such warranties available to Buyer.Costs of transportation of any covered defective item to and from the nearest service/repair center and related insurance will be paid or reimbursed by Buyer. Any replaced Products will become the property of the Seller.Any replacement Products will be warranted only for anyremaining term of the original limitedwarranty period and not beyond that term. DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITIES THE SELLERS FOREGOING LIMITED WARRANTY IS THE EXCLUSIVE AND ONLY WARRANTY WITH RESPECT TO THE PRODUCTS AND SHALL BE IN LIEU OF ALL OTHER WARRANTIES (OTHER THAN THE WARRANTY OF TITLE),EXPRESS,STATUTORY OR IMPLIED,INCLUDING,BUT NOT LIMITED TO,ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY STATEMENTS MADE BY EMPLOYEES,AGENTS OF THESELLER OR OTHERS REGARDING THE PRODUCTS.THE OBLIGATIONS OF THESELLER UNDER THE FOREGOING WARRANTY SHALL BE FULLY SATISFIED BY THE REPAIR OR THE REPLACEMENT OF THE DEFECTIVE PRODUCT OR PART,AS PROVIDED ABOVE,IN NO EVENT SHALL THE SELLER BE LIABLE FOR LOST PROFITS OR OTHER SPECIAL,INDIRECT OR CONSEQUENTIAL DAMAGES,EVEN IF THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.THE TOTAL LIABILITY OF THESELLER TO BUYER AND OTHERS ARISING FROM ANY CAUSE WHAT SOEVER IN CONNECTION WITH BUYER'S PURCHASE,USE AND DISPOSITION OF ANY PRODUCT COVERED HEREBY SHALL,UNDER NO CIRCUMSTANCES,EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT BY BUYER NO ACTION,REGARDLESS OF FORM, ARISING FROM THIS AGREEMENT OR BASED UPON BUYER'S PURCHASE,USE OR DISPOSITION OF THE PRODUCTS MAY BE BROUGHT BY EITHER PARTY MORE THAN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES,EXCEPT THAT ANY CAUSE OF ACTION FOR THE NONPAYMENT OF THE PURGIASE PRICE MAY BE BROUGHT AT ANY TIME.. The remedies provided to Buyer pursuant to the limitedwarranty,disclaimer of warranties and limitations of liabilities,described herein arethe sole and exclusive remedies. Unless specifically agreed to in writing by theSeller,no charges may be made to theSeller by Buyer or any third partyemployed by buyer for removing,installing or modifying any Product. The Seller and its representatives may furnish,at no additional expense,data and engineering services relating to the application,installation,maintenanceor use of the Products by Buyer.The Seller will not be responsible for,and does not assume any liability whatsoever for,damages of any kind sustained either directly or indirectly by any person through the adoption or use of such data or engineering services-in-whofe-orin-part.--- - - --- - --- - ------ - - ---- --- CONFIDENTIAL INFORMATION Except with the Sellers prior written consent,Buyer shall not use,duplicate or disclose any confidential proprietary information delivered or disclosed by the Seller to Buyer for any purpose other than for operation or maintenance of the Products. CANCELLATION AND DEFAULT Absolutely no credit will be allowed for any change or cancellation of an order for Products by Brayer after fabrication of the Products to fill Buyers order has been commenced.If Buyer shall default in paying for any Products purchased hereunder,Buyer shall be responsible for all reasonable costs and expenses,including(without limitation)attorney's fees incurred by the Seller iii collecting any sums owed by Buyer.All rights and remedies to the Seller hereunder or under applicable laws aze cumulative and one of them shall be exclusive of any other right to remedy.No failure by the Seller to enforce any right or remedy hereunder shall be deemed to be a waiver of such right or remedy,unless a written waiver is signed by an authorized management employee of the Seller and the Sellers waiver of a —breach�f this agreemEnTbyBuyers.l,rorbe deemcd�o-be arvraiverof azryoaerbreach�f the swine tirazryzstlrer�rratiisinn. CHANGES IN PRODUCTS Changes may be made in materials,designs and specifications of the Products without notice.The Seller shall not incur any obligation to furnish or install any such changes or modifications on Products previously ordered by,or sold to,Buyer. APPLICABLE LAW,RESOLUTION OF DISPUTES AND SEVERABILITY This agreement is entered into in Costa Mesa California.Tliis agreement and performance by the parties hereunder shall be construed in accordauce with,and governed by,the laws of the State of California.Any claim or dispute arising from or based ripen this agreement or the Products which form its subject matter shall baesolved by binding azbitrationbefore the American Arbitration Association in Los Angeles,California pursuant to the Commercial Arbitration Rules,excepting only that each of the parties shalIb e entitled to take no more than two depositions,and serve.0e than 30 interrogatories,10 requests for admissions and 20 individual requests for production of documents,such discovery to be served pursuant to the California Code of Civil Procedure.Any award made by the arbitrator may be entered as a final judgment in any court having Jurisdiction to do so. If any provision of this agreement shall be held by a court of competent jurisdiction or an arbitrator to be unenforceable to any eident that provision shall be enforced to the full extent permitted by law and the remaining provisions shall remain in fufbrce and effect. ASSIGNMENT This agreement shall be binding upon the parties and their respective successors and assigns.However,except for rights expressly provided to subsequent Owners of the Products under"Limited Warranty' above,any assignment of this agreement or any rights hereunder by Buyer shall be void without the Company's written consent first obtained.Any exercise of rights by an Owner other than Buyer shall be subject to all of the limitations on liability and other related terms and conditions set forth in this agreement. EXCLUSIVE TERMS AND CONDITIONS The terms and conditions of this agreement may be changed or modified only by an instrument in writing signed by an authorized management employee of the Seller.This instrument,together with any amendment or supplement hereto specifically agreed to in writing by an authorized management employee of the Seller,contains the entire and the only agreement between the parties with respect to the sale of the Products covered hereby and supersedes any alleged related representation,promise or condition not specificallynoorporated herein. SELLER'S PRODUCTS ARE OFFERED FOR SALE AND SOLD ONLY ON THE TERMS AND CONDITIONS CONTAINED HEREIN.NOTWITHSTANDING ANY DIFFERENT OR ADDITIONAL TERMS OR CONDITIONS CONTAINED IN BUYER'S SEPARATE PURCHASE ORDERS OR OTHER ORAL OR WRITTEN COMMUNICATIONS,BUYER'S ORDER IS OR SHALL BE ACCEPTED BY THE COMPANY ONLY ON THE CONDITION THAT BUYER ACCEPTS AND CONSENTS TO THE TERMS AND CONDITIONS CONTAINED HEREIN.IN THE ABSENCE OF BUYER'S ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED HEREIN, THE SELLER'S COMMENCEMENT OF PERFORMANCE AND/OR DELIVERY OF THE PRODUCTS, OR THE SELLER'S STATEMENT OF ACKNOWLEDGMENT OF THE RECEIPT OF BUYER'S PURCHASE ORDER,SHALL BE FOR BUYER'S CONVENIENCE ONLY AND SHALL NOT BE DEEMED OR CONSTRUED TO BE ACCEPTANCE OF BUYER'S DIFFERING TERMS OR CONDITIONS,OR ANY OF THEM.ANY DIFFERENT OR ADDITIONAL TERMS ARE HEREBY REJECTED UNLESS SPECIFICALLYAGREED UPON IN WRITING BY AN AUTHORIZED MANAGEMENT EMPLOYEE OF THE SELLER IF A CONTRACT IS NOT EARLIER FORMED BY MUTUAL AGREEMENT IN WRITING,BUYER'S ACCEPTANCE OF ANY PRODUCTS COVERED HEREBY SHALL BE DEEMED ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS STATED HEREIN. THE SELLER'S FAILURE TO OBJECT TO PROVISIONS INCONSISTENT HEREWITH CONTAINED IN ANY COMMUNICATION FROM BUYER SHALL NOT BE DEEMED A WAIVER OFTHE PROVISIONS CONTAINED HEREIN. F360JVVCE0107 VOUCHER # 156057 WARRANT # ALLOWED 363353 IN SUM OF $ JWC ENVIRONEMENTAL FILE 55921 LOS ANGELES, CA 90074-5921 Carmel Wastewater Utility s ON ACCOUNT OF APPROPRIATION FOR ;r i Board members PO# INV# ACCT# AMOUNT Audit Trail Code ,I 69623 01-7202-06 $3,637.34 i S ,I li ii I! t !l I i 1 � 1 i Voucher Total $3,637.34 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 363353 JWC ENVIRONEMENTAL Purchase Order No. FILE 55921 Terms LOS ANGELES, CA 90074-5921 Due Date 8/6/2015 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 8/6/2015 69623 $3,637.34 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 Officer