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HomeMy WebLinkAbout253865 01/26/16 it o�A\f i CITY OF CARMEL, INDIANA VENDOR: 088550 ® 31 ONE CIVIC SQUARE EVERETT J PRESCOTT INC CHECK AMOUNT: $*******381.52* s q CARMEL, INDIANA 46032 PO BOX 350002 CHECK NUMBER: 253865 9;._._�'� BOSTON MA 02241-0502 CHECK DATE: 01/26/16 ETON DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 5041509 56.87 OTHER EXPENSES 601 5023990 5041845 123.56 OTHER EXPENSES 601 5023990 5042527 144.22 OTHER EXPENSES 601 5023990 5043295 56.87 OTHER EXPENSES SEE CONDITIONS OF SALE AND PAYMENT TERMS ON REVERSE Pipeline Specialists Everett J.Prescott Inc. ;PAGE NO,�I',:'; 1 32 Prescott Street I'NJ P, P.O.Box 600 5041509 Gardiner,Me.04345.0600 INVOICE DATE; 1/05/16 PACKING SLIP NO'I 5041509 Everett J.Prescott,IAC, CUSTOMER'N6 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 Carmel, IN 46074 46074 __--CUSTOMEF?-P_.O-NOS=_—JOB_NAME�:-JOB.NO.. SLS:_. —DATE ]UES_-DATE_SHIPP-ED__.—___- SHIPP_ING;METHOD_ JERRY ISTOCK I 110812/04/16 1 1/05/16 1 Our Truck LINE -•r QUANTI'TY UNIT PRICE rXTENDCDAMOUNT 1 55695 F 6X7.5 FLS1 REP CLAMP 684724 EA 1 56.87 56.87 RECEIVE YOUR INVOICES AND STATEMENTS FASTERI THANK YOU LFR�E �� 56.87 CALL YOUR LOCAL OFFICE FOR FAX AND E-MAIL OPTIONSI FOR YOUR BUSINESS! .00 PLEASENOTE:OUR TERMS .00 ARE NET 30 DAYS. YOUR00 SERVICE CHARGE IS 1%PER MONTH(18%A.P.R. ON THE BALANCE OVER 30 DAYS OF AGE.THE HELP IS NEEDED ANDBUYER ,ATTORNEY FEES,AND EJP CEES TO PAY ALL LAIMS ASTS NMECHANI�CS'S LIEN UNES OF DER APPON INCLUDING LICABLE STATES AW BLE 56 .87 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 rraanagenrtent personnel of UP. • Ta xes: Prices cio not include any present or future federal,state, or local taxes(including,without limitation.sales tax, use Lax,excise tax.or odaet�vise),ttnless speciticall " stated. It i5 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 ihe. applicable Taxing authorities. 11'011 is required to prepay,any such tax, Buyer will reimburse EJP in full upon demand. Payment Terans: EJP Open Credit accounts are established for comrnercial,non-consutuer use only. Unless an approved commercial Opt_•rt Credit accoutlt is established.payment in good funds or approved check roust be made before or at time of delivery. C:onirnerc tat C iedit terms are Net 30 days.no cash discounts allowed. Service Charges commence,after 30 clays and are calculated on the last clay of the month in\which the 30th day falls. SERVICE CHARGE IS 1;"> "4, PER i1•IONTt-I (18`%. A.P.R.) ON TT-IE BALANCE OVER 30 DAYS OF AGE'. TI BUYER AGREES TO PAY ALL COSTS AND EXPI NSL-S OF COLLECTION, INCLUDING REASONA.BLi. ATTORNEY'S FEES, and UP clairns a mechanic's lien under applicable state law. AceeptGance by EJP. All orders Iror1 the Buyer are subject to acceptance by authorized personnel of EJP, and, in the case:of•Open Account Sales,approval ot'the EJP Credit Department. o Cancellations: SPECIAL OR N!ON-STOCK ITEMS MAY NOT BE CANCELLED OR RETURNED AYTE,R THE PRt){:)tt('T(St IS PLACED INTO PRODUCTION. All charges and costs incurred by UP as a result of cancellations or order changFes will be billed to iltc Buyer. . Deliverv: UP will make a good faith effort to complete delivery ()['tile products-. provided, however,that EJ13 assumes no responsibility or liability for loss or damage clue to delay or inability to deliver. 11'sueh non-perf'ormancc vvas the result of ally events or circumstances beyond 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 lar-tiers.eot�traetor�—suppliers;-ur--{t�anrrf<�eturcrs. L-`nder--no--cire:umstances-shall— -consequential. incidental. indirect,or liquidated damages, losses. or expense(whether or not based on negligence)arising directly or indirectly nom delays or tailttrC to give notice:of delay. . Shipment: Shipment-Of illprOducts is to 0110 (liven destination for all items including pipe, unless otherwise indicated in writing. Risk of loss shall transfer to the Buyer upon tender of'goods to Buver, Buyer's representative, or common carrier. The cost of'any special pae;kin}; or special handling caused by Buyer's.requiretrtents or requests shall be added to the amount of tale order. If Buyer causes or requests a shipment delay. or if UP ships or delivers the products erroneously as a result of inaccurate. incomplete or misleading hil'orrnation supplier{ by Buyer or its a gents or employees; storage and all other additional costs and risks shall be borne solely, by Buyer. C Claims for products damaged or Hist in transit should be trade by Buyer to the carrier. as EJP's responsibility ceases upon tender of,,gods to Buyer, Buyer's represenia.ttive or common carrier. Delivery will be made ort hard surfaces only. Any darnage or towing charges resulting; froru "non hard surface deliveries" shall be the responsibility of the Buyer. . Inspection and Acceptance: Claims for clama,�,e. shortage or errors in shipping must be reported 4%ithin 10 days l'ollowing delivery to Buyer. Bayer shall have 10 clays from the date Buyer receives any products to inspect such products and services for defects and nonconformance and notify F-,.}P, in writing, of any defects, nonconformance or rejection of such products. After such 10 day period, Buvcr shall be deemed to have irrevocably accepted the products. if not previously accepted. After such acceptance. 13uyer shall have PO right to reject the products for any reason or to revoke acceptance. Buyer hereby agrees that such 10 day period is a reasonable amount ot•time for such inspection and revocation. Returns: N'laterials cannot be returned without EJP'S written consent. NO RETURNS ARE ALLOWED AND NO REFUNDS WILL BE iMADL- ON (i) PIPE_, OR(ii) SPECIALLY FABRICATED OR ORDERED ITEMS. THE SOLE AND EXCLUSIVE: RL ME>DY FOR SU(_'l I ITEMS ALLEGED TO BE DEFECTIVE 1N WORKMANSHIP OR MATERIAL WILL BE THE REPLAC'EA4E_NT OF Till" SUBJECT''TC� 1 HE MANUFACTURE-A'S INSPECTION AND WARRANTY. All other returned material is subject to a 1.1IN1111_lNIM 2 RE-FIANDIANG 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 THAT PROVIDED BY li{1 PRODI_iC'T'S __1Ir1NUl ;�CT> R _LJP_1.1t\KE _NO F; }'RLSS OR IMPLIED WARRANTIES. EJP HEREBY DISCI.AfMS AIA, -FIXPIZ.I__5S OR .- IMPLIED WARRANTIES. WHETHER IMPLIEI.) BY OPERATION OF I..,t'1W OR OT`I-I.ERWISE. INCLUDING, WITHOUT LIMITATION. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR F1TNi::SS I OR A PART IC'UI_"AR PURPOSE. UNDER-NO (::1RC:tJ t-1ST:ANCES. AND IN NO EVENT.WILL EJP BE LIABLE FOR .PERSONAL INJURY OR 1'ROPFRT'� DAMAGE OR ANY OTHER LOSS. DAN;IAGE, COST OR REPAIRS OR INCIDENTAL,PUNITIVE.SPECIAL, C'ONSF-.01A"NTIAL, OR LIQUIDATED DA4•TAGES OF ANY KIND, WHETHER BASED UPON WARRANTY. CONTRACT. STRICT I.-.iABILITY, NEGLIGENCE OR ANY O'I'LIER CAUSE OF ACTION ARISING IN CONNECTION WITH THE DESIGN, MAN UFAC`T-t RE, 5.11:1_; TRANSP(.)RTATION,'.INSTALL.ATIC)N, OR REPAIR.Of-TiAE PRODUCTS SOLD BY EJP. BUYER ACKNO!'vI_1 DGt:S AND -1(JR1..11-1 THAT UNDER NO CIRCUIVIST ACES, AND IN NO EVENT. SHALL" EJP'S I_{ABILITY, IF ANY, EXCLI D TILL NE; SALES PR.iCE1 OF THE DEFECTIVE PRODUCT(S). • Entire agreement: This document constitutes the entire. complete, and exclusive agreement betiveen the parties with respect to rhe subject matter hereof and contains all the agreements and conditions of sale: no course of'clealing, 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 other%vise altered except by a -,kritten In0difSc8tion signed by authorized management: personnel of EJP. All transactions shall be governed solely by the toots and conditions contained herein. All purchase orders issued pursuant to an EJP quotation shall be deerned issued subject to all EJP terms and conditions herein contained. These terms and conditions shall supersede those of the Buyer. • Governing Law: This transaction shalt be governed in all respects by the laws of the State of Maine (eacluciinc= choice 01•la,N })r0vi iv(1S.). All actions.regardless of foram, arising out of or in connection with this transaction, the products sold by EJP, or the relationship bcttiveen the Buyer and EJP shall be brought in the courts of tile State«l.'Maine within the applicable statutory period. ® Communications: Payments only should be directed to: E.J. Prescott. Inc., P.O. Box .350002, Boston_ IMA 02241-0'02_ A!! <,ilwr correspondence and inquiries should be directed to your local.UP Division. The Home Office address is 32 Prescott Street. P.O. Bos 6=ay. Gardiner, Maine 04345. Telephone(207)582-1551. Fax(2071) 582-5637. E-mail gjpc'r�ejprcscott.com. SEE CONDITIONS OF SALE AND PAYMENT TERMS ON REVERSE Pipeline Specialists Everett J.Prescott Inc. MEH06USE�, 1 32 Prescott Street P.O.Box 600 5041845 iElp, Gardiner,Me.04345.0600 1/06/16 5041845 Everett J.Pr'sscott Inc, 4755 220 REMIT TEAM EJP W. Indianapolis WAREHOUSE> TEAM EJP W. Indianapolis ORIGINAL INVOICE TO> E.J. PRESCOTT INC. 8309 W. Washington St. P.O. BOX 350002 BOSTON, MA Indianapolis, IN 46231 02241-0502 Telephone: 317-247-0005 SOLD TO> SHIP TO> CITY OF CARMEL UTILITIES CITY OF CARMEL UTILITIES 3450 W. 131st Street 3450 W. 131st Street Carmel, IN Carmel, IN 46074 46074 --CUSTOMER,P.Q-NO— ' JO&NAME =JOB-NO..1 SGS==DATE-DUE -DATE-SHIPPED- GHIEP_1NG<MESHOD JERRY ISTOCK I 1 108 2/05/16 1 1/06/16 1 Our Truck LINE •-•s e 1 55695 F 6X7.5 FLS1 REP CLAMP 684724 EA 1 56.87 56.87 2 56556 F 8X7.5 FLS1 REP CLAMP 899939 EA 1 66.69 66.69 RECEIVE YOUR INVOICES AND STATEMENTS FASTERI THANK YOU AMOUNT, `_ 123.56 CALL YOUR LOCAL OFFICE FOR FAX AND E-MAIL OPTIONSI FOR YOUR BUSINESSI TAX., .00 PLEASE NOTE: OUR TERMS FREIGHT-.1i .00 ARE NET 30 DAYS.YOUR 00 SERVICE CHARGE IS 1%PER MONTH(16%A.P.R.)ON THE BALANCE OVER 30 DAYS OF AGE,THE HELP IS NEEDED AND • BUYER AGREES TO PAY ALL COSTS AND EXPENSES OF COLLECTION,INCLUDING REASONABLE ATTORNEY'S FEES,AND EJP CLAIMS A MECHANICS'S LIEN UNDER APPLICABLE STATE LAW. APPRECIATED. 123.56 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 pro\ided in e+ritine by autfioriz.cd management personnel of EJP. •'faxes: Plaices do 1101 include any present or future federal.state,or local taxes(includin(l,without limitation,:ales tax, USC tax, exei,e tax. or otherwise) unless specifically stated. It is the responsibility of the Buyer to pay all such taxes. Talcs where applicable may he added to the price 01'tile products and shall be paid by the Buyer, unless the Bever furnishes to EJP a tar exemption certificate in a form agreeable to the applicable taxing authorities. If EJP is required to prepay any such tax, Buyer swill reimburse I:;JP Ill full Upon dCllland. • Payment Terms: E.IP Open Credit accounts are established for commercial, non-consumer use.only. Unless in approved conlnle•rc•ial (>pcn Credit account is established, payment in good lands or approved check must be made before or at tithe of delivery. Commercial Credit terns, 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 CiL< I2GE IS 11:i `,.) PER MONTH (125% A.P.R.) ON THE BALANCE OVER 30 DAYS OF AOF. 'HH-. BUYER AGREES TO PAY ALL COSTS AND EXPENSES OF COLLECTION. INCLUDING REASONABLE ATTORNEY'S 1_ELS, and EJP clainis a mechanic's lien unifier applicable state law. • Acceptance by EJP: All orders from the Buyer arc subject to acecptance by authorized personnel of E.IP, and, in the case orOpcn Account Sales.approval of the. E.11)Credit Department. • Cancellations: SPECIAL OR NON-STOCK ITEMS MAY NOT BE CANCELLED OR RETURNED AFTER THE PRODUCT(S) IS PI,ACFD INTO PRODUCTION. All charges and costs incurred by E.JP as a result of cancellations or order changes «ill be billed io i w Buyer. • Deiverv: F.11' will slake a "ood lailh effort to complete delivery of the products; provided, however, that. 11111 assumes no responsihilit\' or liability fur los, or daunage due to delay or inability to deliver, it-Such non-performance \was the result of any events or circuinStanccs heyond the control of EJP. including, but not limited to,acts of God, war, labor difllCultieS, fire, accidents, inability to obtain materials. and delays of, carriers, contractors. suppliers, or manufacturers. Under no circumstances shall EJP be liable for any special, consequential'- incideitoi, indirect. or liquidated damages, losses. or expense(whether or not based on ne-h-ence) 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 wriling. 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. f f i3uyer causes or requests aI shipment delay, or if EJP ships or delivers Ilio 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 arid risk,shall be borne solely by Buyer. Claims for products data Vled or lost in transit should be made by Buver to the carrier, as F,JP's responsibility ceases upon tender of goods to Buyer. Buyer's representative or common carrier. Delivery will be made on hard surlaccs only. Ally damage or lowing charges resulting from "non hard surlilce deliveries" shall be the responsibility of'the Buyer. • Inspection and Acceptance: Claims I'or damage. shortage or errors in shipping must be reported within Its days lolloeving delivery to Buyer. Buyer shall have 10 days from the date Buyer receives any products to inspect Such products and services [or defects and nonconformance and notify E,11', in writino. of any defects, nonconformance or rejection of such products. Altcr 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 Iiu- such inspection aril revocation. • Returns: Materials cannot be returned without E.IP'S written consent. NO RETURNS ARE ALi_OWED AND NO REFUNDS 1V1LF. 131: NIADE ON (i) PIPE OR (it) SPECIALLY FABRICATED OR ORDERED ITE'N4S. TI IE SOLF AND EXCLUSIVI7 REIvILDi` FOR SUCIi ITL-'MS ALLEGED 'rO BL: DI FECTEVE IN WORKMANSHIP OR fMATFRIAL WiLL BI; THF. REPLACEMENT OF TIIF•: ITFMS SUBJECT TO TIMI; MANUFACTURER'S INSPECTION AND WARRANTY. All other returned material is subject to o MINIMUM '_5°4. Rl:_'*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 E.IP Credit Department. • Warranty: THE BUYER'S SOLE AND EXCLUSIVE WARRANTY. IF ANY. IS THAT PROVIDED BY Ti-lE i'120DUCT'S NIANUFACTURER. EJP MAKES NO .EXPRESS OR- 11\MPLIED �\'_U2R•1\TI[ S. .IJP_ -IILRGBY--DISCL:�.LA•95 -;�1v1Tt 3:-!'DESS-_U!Z—. IMPLIED WARRANTIES, WHETHER IMPLIED BY OPERATION Of- LAW OR OTHEI:WiSE. INCLUDING, WITFJOUT LIMITATION, ALL IMPLIED WARRANTIES Of= MERCHANTABILITY AND FITNESS OR FITNI SS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUiv1STANCES, AND IN NO EVENT, WILL E.lP BE LIABLE FOR PERSONAL INJURY OR PROI'ERTi' DA\MAGE OR ANY OTHER LOSS. DAMAGE.COST OR REPAIRS OR INCIDENTAL, PUNITIVE, SPECIAL,CONSEQUI;N'rIAL. OR LIQUIDATED DAMAGES OF ANY KIND. WHH.TFIER BASED UPON WARRANTY. CONTRACT. STRICT LIABILITY. NEGLIGENCE OR ANY OTi-fER CAUSE: 01= ACTION ARISING IN CONNECTION WITH THEH DESIGN, MANUFACTURE, SALE. TRANSPORTATION, INSTALLATION,OR REPAIR OFT E: PRODUCTS SOLD 13Y E.lf. BUYER ACKNOi LL;DGES AND AGREES THA-r UNDER NO CIRCUMSTANCES, AND IN NO EVI_NT. SHALL E,IP'S LIABILITY, IF ANY, I KCEED THF'. NI;T SAL I.'S PRI(..'[--' OF THE DEFECTIVE- PRODUCT(S). • Entire Agreement: This document constitutes the entire. complete, and exclusive agreement between the parties With respect to the Suhjcct matter hereof and contains all the agreements and conditions of'sale. no COLII-se of dealing or usage of the trade shall be applicable unless expressly incorporated hercin. The ternis and conditions contained herein may not he added to. modified, superseded or otherwise altered except by it «ritten 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 an EJP quotation shall be deemed issued subject to all E..11' terms Inc] 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 lane provisions). All actions, regfardless oform, irisin« f out oor in connection with this transaction, the products sold by EJP , or the relationship bet ween the BuyCr and EJl shall be brought in the COMAS of the State:of Maine within the applicable statutory period. • C0111ITlUnicati1111S: Payments only should be directed to: E.J. Prescott. Inc., P.O. Box 35000'_, Boston, iiMA 0224)-0501 All other correspondence and inquiries Should I)C directed to your local E.111 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 LJpla;ejprescott.com. SEE CONDITIONS OF SALE AND PAYMENT TERMS ON REVERSE Pipeline Specialists Everett J.Prescott Inc, tCUSTOMER146" 1 32 Prescott Street 1113P P.O.Box 600 5042527 Gardiner,Me.043450600 1/08/16 5042527 Everett J.Prescott,Inc, 4755 WAREHOUSE..,] 220 REMIT TEAM EJP W. Indianapolis WAREHOUSE> TEAM EJP W. Indianapolis ORIGINAL INVOICE TO> E.J. PRESCOTT INC. 9309 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 tlSi OMER P @ P @:- des NAME =DAT-ED ArT-E-S1-1{PP JERRY ISTOCK I 110812/07/16 1 1/08/16 Our Truck PRODUCTLINE M t 1 57364 F 10X12 FLS1 REP CLAMP 11041144 EA 1 144.22 144 .22 RECEIVE YOUR INVOICES AND STATEMENTS FASTERI THANK YOU AMOUNT::i' ; 144.22 CALL YOUR LOCAL OFFICE FOR FAX AND EMAIL OPTIONSI FOR YOUR BUSINESSI TAX 00 PLEASE NOTE: OUR TERMS FREIGHT' .00 ARE NET 30 DAYS. YOUR .00 SERVICE CHARGE IS 1%PER MONTH(18%A.P.REXPES)ON THE BALANCE OVER 30 DAYS OF AGE,THE HELP IS NEEDED ANDBUYER • EQ S FEES,AND EJP CREES TO PAY ALL LAIMS ANM CHANICS'S LIEN UNDER COLLECTI ON APbLICABLE STA EINCLUDINGSLANW. 144 .22___j ATTORNEY'S I 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 E.IP. •Tuxes: Prices do not include any present or future (lederal,state,or local taxes{including, without limitation, sales tax, use tax, excise tax,or otherwise) unless specifically slated. It is the responsibility oi'the Buyer to pay all such taxes. Taxes where applicable may be added to [lie 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 for commercial, norl-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 clays and are calculated on the last clay of the month in \vhieh the 30th day falls. SERVICE CHARGE IS I;'i `%b PER MONTH (18% A.P.R.) ON THE BALANCE OVER 30 DAYS OF AGE-. TIIE BUYER AGREES TO PAYALL.COSTS AND EXPENSES OF COLLECTION, INCLUDING REASONABLE'. ;ATTORNEY'S FEES, and E.iP claims a mechanic's lien under applicable state law. • :Acceptance by EJP: All orders from the Buyer are subject to acceptance by authorized personnel of EJP, and, in the case of'Open .Account Sales,approval of the E.11'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. • Delivers: 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 was the result oFany events or circumstances beyond the control of EJP, including, but not limited to, acts of God,war, labor difficulties. fire, accidents, inability to obtain materials, and delays Of carriers, contractors, suppliers, or manulacturers. 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 dive 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 inilormation supplied by Buyer or its agents or employees, storage and all other additional costs and risks shall be borne solely by Buyer. Claims Por products damaged yr lost in transit should be made by Buyer to [lie carrier, as EJP's responsibility ceases upon tender o1'goods to Buyer. Buyer's representative or common carrier. Delivery will be made on hard surfaces only. Any damage or towing charges resulting frorn "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 clays from the date Buyer receives any products to inspect such products and services for defects and nonconformance and noiify 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, il'not previously accepted. After such acceptance. Buyer shall have rro 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 BL MADE ON (i) PIPE OR (ii) SPE=CIALLY FABRICATED OR ORDERED ITEMS. THE SOLE AND EXCLUSIVE REMEDY FOR SUCI1 ITEMS :ALLEGED TO BE DEFECi'IVE IN WORKN9ANSHIP OR MATERIAL WILL BE THE REPLACE-HENT OF THE ITI MS SUBJL-C'T TO ']' fE MANUFACTURER'S INSPECTION :AND WARRANTY. All other returned material is subject to a MINIMUM 25',',' CHARGE, plus transportation charges. Unless otherwise agreed by the Buyer and EJP; all credit for returned material swill 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 TI-IL= PRODUC:T'S MANUFACTURER. _EJP N4:1KES- NO-EXPRESS-OR- IMPLIED WARRANTiES, NVI-iETI-tER IMPLiEi.) i3Y OPERATION OF LAW OR OTHERWISE. INCLUDING, WITHOUT LIMITATION, .ALL IN4PLIED WARRANTIES OF MERCi-IANTABILITY AND FITNESS OR FITNESS FOR :A PAR 'ICUILAR. 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 LIABILITY. NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING IN CONNECTION WiT'H Ti-iE DESIGN, MANUFACTURE, S,ALii, TRANSPORTATION, INSTALLATION,OR REPAIR OF THE PRODUCTS SOLI) BY [JP. BUYER ACKNOWLEDGES AND AGRE.F.S THAT UNDER NO CIRCUMSTANCES, AND IN NO EVENT, SHALL E.IP'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 a(,reemenis 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. Ail 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:JP 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 ol'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, NLA 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) 542-5637. E-mail t jp(2',;zjprescoti.com. SEE CONDITIONS OF SALE AND PAYMENT TERMS ON REVERSE Pipeline Specialists Everett J.Prescott Inc. PAGE NO;,!':: 1 1EIP32 Prescott Street P.O.Box 600 5043295 , Gardiner,Me.04345.0600 IN,oIGE'OATE_ 1/13/16 PWAREHOUqSE:� 5043295 Everett J.Prescott,Inc, NO, 4755 220 REMIT TEAM EJP W. Indianapolis WAREHCUSE> 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 GY`1STON1 -` OB RiANi OB Nf7 `S '—BA E1 Dl7 fkTESH1PPEf3 .. 1 ftPPVfhGttYVEi11© — VERBAL CLAMP I 1 108 2/12/16 1 1/13/16 1 Our Truck PRODUCTLINE OUANTITY UNIT PRICE: LXTENDEOAMOUNT 1 55695 F 6X7.5 FLS1 REP CLAMP 684724 EA 1 56.87 56 .87 RECEIVE YOUR INVOICES AND STATEMENTS FASTERI THANK YOU AMOUNT;! 56 .87 CALL YOUR LOCAL OFFICE FOR FAX AND E-MAIL OPTIONS! FOR YOUR BUSINESSI TAX; .00 PLEASE NOTE: OUR TERMS FREIGHT .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 of EfP. • 'Faxes: 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 file Buyer to pay all such taxes. Taxes where applicable may be adder( 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. I['EJP is required to prepay any such tax, Buyer will reimburse EJP in full upon demand. • Payment Terms: LJP 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 rrurs( be made before or at time of delivery. Commercial Credit terms arc Net 30 clays,no cash discounts allowed. Service Charges commence after 30 days and are calculated on the last clay of the month in which the 30th clay falls. SERVICE CHARGE 1S 1;4 %h PER ,MONTH (183o A.P.R.) ON THE BALANCE OVER 30 DAY'S OF AGE. THE BUYER AGREES TO PAY ALL COSTS AND EXPENSES OF COLI..,ECTION. INCLUDING REASONABLE ATTORNEY'S FEES, incl P..1P claims a niechania's lien under applicable state law. •Acceptance by EJP: All orders from the Buyer are subject to acceptance by authorized personnel of 17.111, and, in the ease of Open Account Sales,approval of the EJP Credit Department. • Cancellations: SPECIAL. OR NON-STOCK iTEMS MAY NOT BE CANC'Ei..,LFD OR RETURNED AFTER THE. PRODUCT(S) IS PLACED INTO PRODUCTION. All charges and costs incurred by EJP as a result of cancellations or order clian,es will be billed to the Buyer. • i)eliverv: FJP will male a good faith effort to complete delivery of the products; provided, however, that EJP assumes no responsibility or liability for-loss or darna�*.e clue to delay or inability to deliver.it'such non-performance was the result of any events or circumstances beyond the control of F.IP, including. but not limited to, acts of God, war, labor dilliculties, tire. accidents, inability to obtain materials. and delays of 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 10 one given destination for all items including pipe. unless otherwise indicated in vvritin�g. 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 SpCClal ban(linin cause([ by Buyer's requirements or requests shall be added to the amount ol'the order. If'Buyer causes or requests a shipment delay, or if'E.iP 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. Anv damage or towing charges resulting from .non hard surface deliveries" shall be the responsibility of rhe Buyer. v • Inspection and Acceptance: Claims for damage, shortage or errors in shipping must be reported vvithirl 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,II', in writing, of any detects. nonconformance 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 fur any reason or to revolve acceptance. Buyer hereby agrees that such 10 day period is a reasonable amount of rime for such inspection and revocation. • Returns: Materials 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 REMEDY FOR SUCH ITEA9S AlJ_EGED TO BE DEFECTIVE IN WORKMANSHIP OR MATERIAL WILL BE' THE REPL.ACI-MEN-r OF THE ITEMS SUBJECT TO THE MANUFACTURER'S iNSP'ECTION AND WARRANTY. All other returned material is subject to a %MININ4UM 25% Rf: I-iANDLfNG CHARGE, plus transportation charges. Unless otherwise agreed by the Bayer and EJP, all credit f'or returned material will be applied to future orders, subiect to approval by the EJP Credit Department. • Warranty: THE BUYER'S SOLE AND EXCLUSIVE WARRANTY, IF ANY, IS THAi' PROVLDED 13Y THE PRODUCT'S b1�?'1T �'R -DISCLA MS--.ALL—E=PRESS OR— ' IT- i1 IMPLIED WARRANTIES, AA HETHER IMPLIED BY OPERATION OF LAWOR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL. IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR .A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES,AND iN NO EVENT, WiLL EJP BE' LLABL I.-: FOR PL_,RSONAI... INJURY OR PROPERTY DAIMAGE OR ANY OTHER LOSS, DAMAGE, COST OR REPAIRS OR INCIDENTAL, PUNITIVE, SPECIAL,C'ONSEQUENTIrAL, OR LIQUIDATED DAMAGES OF ANY KiND, AtHETi-iER BASED UPON WARRANTY, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING iN CONNECTION WITH THE DESIGN, MANUFACTURE, STALE, TRANSPORTATION, INSTALLATION, OR REPAIR OF THE PRODUCTS SOLD BY E.11'. 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 clOCL1111CM constitutes the entire, complete, and exclusive agreement between rhe parties With respect to the subject matter hereof and contains all flee agreements and conditions of'sale: no course of dealin` Or usage of the trade shall be applicable unless expressly incorporated herein. The terms and conditions contained herein may not be added to. modified, superseded or otherwise altered except by a written modification Signed by authorized management personnel of E,IP. .All transactions shall be governed solely by the terms and conditions contained[ herein. All purchase orders issued pursuant to an EJP quotation shall be deemed issued subjecr to all E.111 terms and conditions herein contained. These terms and conditions shall supersede those of the Buyer. • Governing Lave: This transaction shall be governed in all respects by the laves of the Stare of Maine (excludin ' choice of law provisions). All actions, regardless of form. arising out of or in connection with Lhis transaction, the products scald by LJP, or the relationship between the Buyer and EJP shall be brOLl(fllt in the Courts Of the State of'iMaine within the applicable statutory period. • Communications: Payments only should lie directed to: E.J. Prescott, Inc., P.O. Box 350002, Boston. N1A 02241-0502. All other correspondence and inquiries should be directed to your local EJP Division. The Home Office address is 32 Prescott Street, P.O. Box 600, Gardiner, Maine 01345. Telephone(207) 582-1851. Fax(207)582-5637. E-mail ejp(.tvtZjprescott.com. 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 1/21/2016 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 1/21/2016 5042527 $144.22 hereby certify that the attached invoice(s), or bill(s) is(are) true and correct and I have audited same in accordance with IC 5-11-10-1.6 112-2-/,G Date Officer VOUCHER# 154126 WARRANT# ALLOWED 88550 IN SUM OF $ E.J. Prescott, Inc. P.O. Box 350002 Boston, MA 02241-0002 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO# INV# ACCT# AMOUNT y Audit Trail Code 5042527 01-6200-06 s $144-22 5b41 5 C>'� ,5 C>q-t q 5 C.P C5 Voucher Total Cost distribution ledger classification if claim paid under vehicle highway fund