Loading...
HomeMy WebLinkAbout258993 05/31/16 r u�.C`q� �/ z. CITY OF CARMEL, INDIANA VENDOR: 088550 ® ONE CIVIC SQUARE EVERETT J PRESCOTT INC CHECK AMOUNT: $*******402.86* s9 �_�; CARMEL, INDIANA 46032 PO BOX 350002 CHECK NUMBER: 258993 M,I TON ice, BOSTON MA 02241-0502 CHECK DATE: 05/31/16 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 5073720 221.00 OTHER EXPENSES 601 5023990 5075758 90.93 OTHER EXPENSES 601 5023990 5082323 90.93 OTHER EXPENSES VOUCHER# 161433 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 Audit Trail Code 5075758 01-6200-06 $90.93 -Zzc yac.�p Voucher Total 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 88550 E.J. Prescott, Inc. Purchase Order No. P.O. Box 350002 Terms Boston, MA 02241-0002 Due Date 5/9/2016 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 5/9/2016 5075758 $90.93 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 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 5075758 ill P4 Gardiner,Me.04345.0600 INVOICE DATE 5/02/16 PACKINGSLIPNQ.; 5075758 Everett J.Prescoft,Inc, CUSTOMER NO 4755, 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 —=-6USTOMER P-:O:-NO. JOB-NAME=— =JOB NQ: _ SI S. DATEDUE_ _:-DATE:SHIPP_ED_ �.'_ .___- SHIPPING METHOQ JERRY ISTOCK I 1 108 6/01/16 1 5/02/16 Our Truck LINE PRODUCT NUM13ER AND ITEM • QUANTITY • 1 55734 F 6X12 FLS1 REP CLAMP 684724 EA 1 90.93 90.93 RECEIVE YOUR INVOICES AND STATEMENTS FASTERI THANK YOU AMOUNT .' 90.93 CALL YOUR LOCAL OFFICE FOR FAX AND E-MAIL OPTIONS! FOR YOUR BUSINESSt 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 AQE THE HELP IS. NEEDED AND • BUYER AGREES TO PAY ALL COSTS AND EXPENSES OF COLLECTION,INCLUDING REASONABLE APPRECIATED. ATTORNEY'S FEES,AND EJP CLAIMS A MECHANICS'S LIEN UNDER APPLICABLE STATE LAW. • 9 O.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 \vriting 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 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 donuind. • 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 11,`2 % 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 Buyer 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 FJP 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 GIP assumes no responsibility or liability for loss or damaae clue to delay or inability to deliver, it such non-performance was the result of any events or circumstances beyond the control o1'EJP, includina, but not limited to,acts of God, war, labor difficulties, 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 liquiclated 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 inacctu-ate, 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 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 repotted within 10 days following deliver- to Buyer. Buyer shall have 10 clays from the date Buyer receives any products to inspect such products and services for defects and nonconforniance 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 revolve 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 THF_•, ITE\-1S SUBJECT TO TIME MANUFACTURER'S INSPECTION AND WARRANTY. All other returned material is subject to a MINIMUM 354 , RE-HANDLING CHARGE; plus transportation charges. Unless otherwise agreed by the Buyer and EJfP, 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 THE PRODUCT'S MANUFACTURER. EJP .MAKES NO EXPRESS OR IMPLIED WARRANTIES. EJP HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, WHETHER IMPLiED BY OPERATION OF LAW OR OTHERWISE. INCLUDING, WITHOUT LIMITATION; ALL IMPLIED WARRANTIES OF MERCHANTABILITY ANi:) 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 LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING IN CONNECTION WITH THE DESIGN, MANUFACTURE, SALE; TRANSPORTATION,.INSTALLATION,OR REPAIR.Oh THE PRODUCTS SOLD BY EJP. BUYER ACKNOWLEDGES ANIS AGREES THAT UNDER NO CIRCUI4STANCES, 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 ternis and conditions contained herein may not be added to, modified, superseded or otherwise altered except by a wri!ten modification signed by authorized management personnel of EJP. All transactions shall be governed solely by tine terms and conditions contained herein. All purchase orders issued pursuant to an EJP quotation shall be deemed issued subject to all i 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 brouglit in the courts of the State of Maine within the applicable statutory period. o 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 lie directed to your local EJP 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@)ejprescott.com. 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 5073720 Gardiner,Me.04345-0600 7APA VOICEDATE- 5/02/16 iiE3P, GKIfVQSLIPNG; 5073720 Everett J.Prescott,Inc. STOMER NO4755 WAREHOUSES 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 Carmel, IN 46074 46074 CUSTOMER P.O.NO. :>' ` . > °JOB NAME•; JOB NO,'"SLS.I` DATE`DUE I'DATESHIPPED' SHIPPING METHOD JERRY ISTOCK I 1 108 6/01/16 1 5/02/16 1 Our Truck LINE ROD • EXTENDED 1 42716 5 1/4 B62 HYD REPAIR KIT 1985 EA 1 221.00 221.00 RECEIVE YOUR INVOICES AND STATEMENTS FASTERI THANK YOU AMOUNT ". 221.00 CALL YOUR LOCAL OFFICE FOR FAX AND E-MAIL OPTIONSI FOR YOUR BUSINESS! 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 . ATTORNEY'S FEES,AND EJP CLAIMS A MECHANICS'S LIEN UNDER APPLICABLE STATE LAW, APPRECIATED221.00 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 tat, use tax,excise tax.or othenvise) unless speeiGcally 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 EJ.P 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 day of the month in which the 30th day falls. SERVICE CHARGE iS l'.,- °i, PER MONTH (18% A.P.R.) ON TI+E 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 mechanics lien under applicable state law. •Acceptance by EJP: All orders from the Buyer are subject to acceptance by authorized personnel of E.fP, and, in the case o1'Opcn Account Sales,approval of 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: EJP will make a good faith effort to complete delivery of the products; provided, however, that. EJP assumes no responsibility or liability fix loss or damage due to delay or inability to deliver, it such non-performance was the result of arty 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 oh carriers, contractors, suppliers; or manufacturers. Under no circumstances shall E,II' 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 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 at[ 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 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 1.0 days following delivery to Buyer. Bu_Ver 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 fix 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 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 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 251/0 RE.-H;1NJ)I_iNG 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 THE PRODUCT'S MANUFACTURER. EJP %wIAKES NO EXPRESS OR fibiPLiED WARRANTIES. EJP HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, WHETHER IMPLIED BY OPERATION OF LAW OR 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 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, WHETHER BASED UPON WARRANTY, CONTRACT, STRICT L.IABIL,ITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING IN CONNECTION WITH TFIL-•: 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, E'XC'EED THE NET SALL:S 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 Lite 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 EJ-P. All transactions shall be governed solely by rhe 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 oflaw 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 EJ13 shall be brought in the courts ofthe State of Maine within the applicable statutory period. • Communications: Payments only should be directed to: E.J. Prescott. Inc., P.O. Box 350002, Boston, NIA 0224 1-05 02. All other correspondence and inquiries should he directed to your local EJP Division.The Home Office address is 32 Prescott Street, P.O. Box 600. Gardiner, Maine 04345.Telephone(207)582-1551. Fax (207)582-5637. E-mail ejp(,uejprescotr.coin. Pipeline Specialists EVERETTJ.PRESCOTT,INC. icAi77 7c2111'� HOME OFFICE PEP SEE CONDITIONS OF SALE AND 1E]P4 32 PRESCOTT STREET °"'°�°^a"°" PAYMENT TERMS ON REVERSE. P.O.BOX 600 METER&BACKFLOW SERVICES • GARDINER,MAINE 04345P.O.Box 600 Everett J.Prescott,lnc. TELEPHONE(207)582-1851 210 SHEEP DAVID ROAD,CONCORD,NH 03301 Gardiner,ME 04345 (603)224-8425 FAX(603)224-3842 (207)582-501.9 FAX(207)562-9118 a, r r.i , r•,-v --r..r , •r•.. + t s. + i.l d_I i.,, iE jN S f-1• ` 10 Et. .�,. _ .. _4y -"j, �'ii � 0�., +1 r) ,.� ,1 � (. � '"('� l :u f`) ?.iyi 7 i `:ti°,1+,�i:i,' • • 1 i°�cl t F, �i a r r 'c:..�.'. T 5�1 )•p .Y l��._I ci d�..1,":fi l .. �.?'< +'rr lil ii �" ly '[l`moi i•f, .r��.i t ,' ''!� f z,,r�rr y;,. C-,y • • CUSTOMER COPY t.,S� .t I✓.L' l.•!-1.. :-L t:,�_ t-+� --1.,�. 4%.[::;~ I�: i. ;-" C: �.1 i���� ! .k.` ��`...S t'�., /-�•/""_.. • <r.7,`5 i't ?..- J. 1._, tit�u"r; S. �! `n I ;! ?.� :k. . r i`�:(:, t=?I: / (� �.!.11�e? � .L��1`t ...a}...f,�`" r %l V CUSTOMER P.O. NUMBER JOB NAME JOB NO. SLS SALES PROMISE DATE SHIPPING METHOD =' w<-5 G^ .tj y.,=J\f f; i "rRRY STOCK ourZ TRUCE E 0 PRODUCT NO./DESCRIPTION UNIT PRICE EXTENDED AMOUNT ,U•i 2 1i') 6.`tt,.1 i.. xl-E l P.E P C L-,A 1 i0 f f 7y kI uJ ., f S,M1 r PREPAID SHIPPED VIAo ' OUR TERMS ARE NET 30 DAYS. AMOUNT ALL SALES ARE SUBJECT TO THE TAX Ej COLLECT 'I. 0C 1. TERMS AND CONDITIONS OF SALE FREIGHT L PICKUP ON THE REVERSE SIDE ALL CLAIMS FOR SHORTAGES,DAMAGES,AND ERRORS IN THIS SHIPMENT MUST BE MADE IMMEDIATELY AND NOTED HEREON OR RECEIVED BY �' `- �-"-'" DATE RECEIVED WE WILL NOT ASSUME ANY RESPONSIBILITY FOR SAME.IF DELIVERY WAS MADE BY COMMON CARRIER,CLAIMS MUST BE FILED WITH THE CARRIER UPON RECEIPT OF GOODS.NO MERCHANDISE WILL BE ACCEPTED FOR RETURN OR ADJUSTMENT UNLESS WRITTEN AUTHORIZATION IS ISSUED.PRICES SUBJECT TO CHANGE WITHOUT NOTICE.A SERVICE CHARGE WILL BE CHARGED ON X • PAST DUE BALANCES. E.J. Prescott, Inc. 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 EIP. •Taxes:Prices.do riot 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.Waxes 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 FJP 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 clays and are calculated on the last day of the month in which the 30th day falls.SER- VICE CI-IAR.GE iS I%%F'ER MONTH(18%A.P.R.)ON THE BAL.,ANCF.,OVER 30 DAYS OF AGE.Ti-IE BUYER AGREES TO PAY ALI,COSTS AND EXPENSES OF COLLEC'i'ION,INCLUDING REASONABLE AITORNLY'S T LE.S,and EJP claims a mechanic:s Iien under applicable state law. Acceptance by E.JP: All orders from the Buyer are:subject to acceptance by authorized personnel of E.J.P.an([, in the case of 0pert Account:Sales, approval of the EJP Credit Department. •Cancellations:SPECIAL OR NON-STOCK ITEMS MAY NOT BE C ANCELLFD 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: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 icon-performance was the result of any events or circumstances beyond the control of EJP,includ- ing,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 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 trans- fer 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 slips or delivers the products erroneously as a result of inaccurate,incomplete or misleading imfoirnation supplied by Buyer or its agents or employees,storage and all other additional costs and risks shall be born::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 toBuyer,Buyer's representative or common carrier.Delivery will be made on hard surfaces only.Any darn- age 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 1.0 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 prod- ucts,if not previously accepted.After such acceptance,Buyer shal I have no right to reject the products for any reason or to revoke acceptance.Buyer here- by agrees that such 10 day period is a reasonable amount of time for such inspection and revocation. •Returns:Materials cannot be returned without F.JP'S written consent.NO RETURNS ARE ALLOWED AND NO REFUNDS WILI...BE MADE ON (i)PIPE OR(ii)SPECIALLY FABRiC/5 ED OR ORDERED ITEMS.THE SOLE AND EXCLUSIVE REMEDY FOR SUCH ITEMS ALLEGED TO BE DEFECTIVE IN WORKMANSHIP OR MATERIAL,WILL BE THE RF.,PLACEMENT'OF THE.ITF.MS SUBJECT TO THE MANUFACTURER'S 1NSPEC- TiOiN AND WARRANTY.All other returned material is subject to a MINIMUM 25%RE-HANDLING CHARGE,plus transportation charges.Unless 01her- wise agreed by the Buyer and FJP,all credit for returned material will be applied to future orders,subject to approval by the EJP Credit Department, •Warranty:'1 HE BUYER'S SOLE AND EXCLUSIVE WARRANTY,IF-ANY,IS THAT PROVIDED BY THE PRODUCT'S MANUI ACTURER.EJP MAKES NO EXPRESS OR IMPLIED WARRANTIES,EJP HEREBY DISCLAIMS ALL EXPRESS OR I.MPC:IED WARRAN'T'IES. WHETHER. IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDiNG, WiTHOUT LIMITATION, ALL., IMPLIED WARRANTIES OF MERCHANTABILITY AND F.iTNESS OR FffNESS FOR A PA1;(fICULAR PURPOSE. UNDER NO CIRCUMSTANCES,AND IN NO EVENT. WILL F.,J.P BE LIABLE FOR PERSONAL,INJURY OR PROPERTY DAMAGE OR ANY OTHER LOSS,DAMAGE,.COST OR REPAIRS OR.INCI- DENTAL,PUNITIVE,SPECIAL,CONSEQUENTIAL,OR'LIQUIDATED DAINIAGES OF ANY KIND,WHETHER BASED UPON WARRAN'T'Y, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE.,OF ACTION ARISING .IN CONNECTION WITH THE DESIGN, MANUFACTURE.SALE,TRANSPOR71'AI'ION,iNSTALLATION,OR REPAIR OF THE PRODUCTS SOLD BY EJP.BUYER ACi{NOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES,AND IN NO EVENT. SHALL F.IP'S LIABILITY.IF ANY, EXCEED THE NET SALES PRICE OF THE DEFECTIVE PRODUCT(S), •Entire Agreement:"Phis document constitutes the entire,complete,and exclusive agreement between the parties with respect to the subject matter here- ofand contains all the agreements and conditions of sale;no course of dealing or usage of the trade shall be applicable unless expressly incorporated here- in.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 EJR All transactions shall be governed solely by the terms and conditions contained herein..All purchase orders issued pursuant to air EJP quotation shall be deemed issued subject to all EJP terms and conditions herein contained.'These terms and condition,shall supersede those of:the Buyer. •Governing Law:This transaction shrill 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 EJI',or the relationship between the Buyer and EJP shall be brought in the courts of the State of Maine within the applicable statutory periost. •Communications:Payments only should be directed to:E.J.Prescott,Inc.,PO.Box 350002,Boston,MA 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 04345.Telephone (207)582-1851.Fax(207)582-5637.E-mail ejp@ejprescott.com. EJP T&e-Revision Dalo 4109 Pipeline Specialists EVERETT J.PRESCOTT,INC. 'Z.3.77 HOME OFFICE pEp SEE CONDITIONS OF SALE AND 10 PAI 32 PRESCOTT STREET '�^°�°"'"'°° PAYMENT TERMS ON REVERSE. P.O.BOX 600 METER&BACKFLOW SERVICES • GARDINER,MAINE 04345 P.O 0 EVereB J.Prescott,Inc. TELEPHONE(207)582-1 851 (60 SHEEP DAVID ROAD.,CONCORD,NH 03301 E 04345(603)224-8425 FAX(603)224-3842 19 FAX(207)582-9118 9 p+..Jy"1 y.+ !-' ,Y''�'�G- e h' �..)J .i t°i i. a _. .,. .,i I.,�? o''d ._ e . ,I,T t 1!.y,t...:-;,ro.'1 r s)). h- _ - t-)f dy?.)t.37ti? 4Ji.;�'. .�.+r>~;,:r. ?t:�rt:t:i""� ,± ;{ S:I`3 .• � :�ir, 't' ;s- CUSTOMER COPY C,..: �y I 3 � .,•f��t..ill;..,�a • �'', � �'? �'+) 1"',-31 i:J f s'L?-'`:'-G f "1 3" v.? '4 Sr.L dva !. 0;7 4 +1 % 7 R 5 s-�� 1�4)S: it .�'.i �} J t �, c.'�S CUSTOMER P.O.NUMBER JOB NAME JOB NO. SLS SALES PROMISE DATE SHIPPING METHOD 1='T'} " y d�'`-t ., 't , aJ FRR. c�'.s`a'i.J..,15. `1.Y:}_C4 rw jr✓6 .t .t 7:7 {fie. r? 'TPRU-17 .�,t 2 C PF30DUCT NO.I DESCRIPTION UNIT PRICE EXTENDED AMOUNT `=1 !/(1 B L% £lY D VE P,A I R, 'LIT .) ti F3 5 E A t El PREPAID • ® SHIPPED VIA murog'I i : : OUR TERMS ARE NET 30 DAYS. AMOUNT ALL SALES ARE SUBJECT TO THE COLLECT t `''.! C.,Y TERMS AND CONDITIONS OF SALE TAX % D PICKUP ON THE REVERSE SIDE FREIGHT ALL CLAIMS FOR SHORTAGES:DAMAGES,AND ERRORS.IN THIS SHIPMENT MUST BE MADE IMMEDIATELY AND NOTED HEREON OR RECEIVED BY �''z`''' '� '...ie. ab°`- DATE RECEIVED WE WILL NOT ASSUME ANY RESPONSIBILITY FOR SAME.IF DELIVERY WAS MADEBY COMMON CARRIER,CLAIMS MUST BE FILED WITH THE CARRIER UPON RECEIPT OF GOODS. NO MERCHANDISE WILL BE ACCEPTED FOR RETURN OR ADJUSTMENT UNLESS WRITTEN AUTHORIZATION IS ISSUED.PRICES SUBJECT TO CHANGE.WITHOUT NOTICE.A SERVICE CHARGE WILL BE CHARGED ON X TOTAL PAST DUE BALANCES.. E.J. Prescott, Inc. Terms and Conditions of Sale •Prices:All prices are subject to change without notice,except where firm quotations have been provided in writing,by autliorized management personnel of ETP. •'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.'faxes 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.,tf 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 finds or approved check must be mule before or at time ol'delivery.Commercial Credit terms are Net 30 days, no cash discounts allowed.Service' Charges commence after 30 clays and are calculated on the last day of the month in which the 30th clay f:dls.SER- VICE CHARGE iS I Y%PER MONTH(I g°4,A.P.R.)ON THE BALANCE OVER 30 DAYS OF AGE.THE.BUYER AGREES TO PAY AL I..,COSTS AND EXPENSES OI'COLLECTION,INCLUDING REASONABLE 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 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 C:ANCEI.-LED 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: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 darrta-ge due to delay or inability to deliver,if such non-performance was the result of any events or circumstances beyond the control of EJ P.includ- ing,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 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 trans- fer 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 requirementsor requests shall be added to the amount of the order.If Buyer causes or requests a shipment delay,or if[JP 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.Clai ins 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 niade oil hard surfaces only..Any darn- age or towing charges resulting from'`non hard surface deliveries"shall be the responsibility of the Buyer. 4 •Inspection and Acceptance:Claims for damage,shortage or errors in shipping must be reported within 10 clays following delivery to Buyer,BLlyer shall have 10 days from the date Buyer receives<my 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 1.0 day period,Buyer shall be deemed to have irrevocably accepted the prod- ucts,if not previously accepted.After such acceptance,Buyer shall have no right to reject the products for any reason or to revoke acceptance.Buyer here- by agrees that such 1.0 day period is a reasonable amount of time for such inspection and revocation. •Returns:Materials cannot be returned without FJP'S written consent.NO RETURNS ARE ALLOWED AND NO REFUNDS WILL BE MADE ON (i)PIPE OR(ii)SPECIALLY FABRTCNFED OR ORDERED ITEMS.THE SOLE AND EXCLUSIVE REMEDY FOR SUCH ITEMS ALLEGED TO BE DEFECTIVE IN WORKMANSHIP OR MATERIAL WILL.BETH.E REPLACEMENT OFTH.E.ITEMS SUBJECTTO THE MANUFACTURER'S INSPEC- TION AND WARRAN'T'Y.All other returned.material is subject to a MINIMUM 25',i RE-HANDLING CHARGE,plus transportation charges.Unless other- wise 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 ANI)EXCLUSIVE WARRANTY,IF ANY,IS TI IAT PROVIDED BY TILE PRODUCT'S MANUFACTURER.EJP MAKES NO EXPRESS OR IMPI...IED WARRANTIES. EJP HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES. WHETHER. IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. TINDER 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 INCI- DENTAL.PUNITIVE,SPECIAL,CONSEQUENTIAL,OR LIQUIDATED DAMAGES OF ANY KIND,WHETTIER BASED UPON WARRANTY, CONTRACT. STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE,OF ACTION ARISING .IN CONNECTION WITH THE DESIGN, MANUFACTURE,SALE,TRANSPOItIiYFION,INST'.ALLNFION.OR REPAIR OF THE PRODUCTS SOLD BY EJP.BUYER ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES,AND IN NO EVENT,SHALL FTP'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 here- of and contains all the agreerrueots and conditions of sale;no course of dealing or usage of the trade shall be applicable unless expressly incorporated here- in.'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.J.P.,All,transactions shall'be governed solely by the germs and conditions contained herein.Ail pluchase Orders issued pursuant to an EJP quotation shall be deemed issued subject to all EJP terms and conditions herein contained These terns 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 laiw provisions).All actions, regardless of form,arising out of or in connection with this transaction,the products sold by EiP,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,Boston,MA 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.Bos 600,Gardiner.Maine 04345.Telephone (207)582-1851.Fax(207).582-5637.E-mail ejp@ejprescott.com, EJP T&C-Revislon Oafs:4109 VOUCHER # 161597 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 Audit Trail Code 5082323 01-6200-06 $90.93 Voucher Total $90.93 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 88550 E.J. Prescott, Inc. Purchase Order No. P.O. Box 350002 Terms Boston, MA 02241-0002 Due Date 5/23/2016 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 5/23/2016 5082323 $90.93 1 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 SEE CONDITIONS OF SALE AND PAYMENT TERMS ON REVERSE Pipeline Specialists Everett J.Prescott Inc, 32 Prescott Street 4 No. 1 P.O.Box 600 •MPAOSH 5082323 illp, Gardiner, Me,04345.0600 5/13/16 5082323 Everett J.Prescott,Inc. 4755 AR-HOUS 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 E, ST17MFR O NO. .rB-81 NAM-EUM 9 O M NO. I s>f'�s� TiE LfAT SMIPX.EffP.iNCiME�fiHO _ JERRY STOCK 3.081 6/12/16 1 5/13/16 I Our Truck PRODUCTLINE • QUANTITY UNIT PRICE EXTENDED AMOUNT 1 55734 F 6X12 FLS1 REP CLAMP 684724 EA 1 90.93 90.93 2 /NON01830175 8 FS313 SADDLE 1CC 9.00-9.40 EA 0 0.00 .00 RECEIVE YOUR INVOICES FASTER!!PLEASE CONTACT YOUR THANK YOU90.93 LOCAL OFFICE FOR FAX OR E-MAIL OPTIONS-GO GREEN! FOR YOUR BUSINESSI TA .00 AMOU PLEASE NOTE: OUR TERMS FR=1Q T .00 ARE NET 30 DAYS.YOUR .00 SERVICE CHARGE IS I%PER MONTH(iB%A P.RS)ON THE BALANCE OVER 30 DAYS OF AGE.THE HELP IS NEEDED ANDBUYER AGREES TO PAY ALL COSTS AND • ATTORNEY'S FEES,AND EJP CLAIMS A MECHANICS'S LIEN ES OF OUNDERI APPLICABLE STINCLUDING ATE LAW. 9 0.93 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. Tares 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. II EJP is required to prepay any such tax, Buyer will reimburse EJP in full upon demand. • Payment Tams: EJP Open Credit accounts arc 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 oi'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 fulls. SERVICE CHARGE iS 1'/z 1!4o 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 AT'TORNEY'S FEES, and EJP claims a mechanic's lien under applicable state law. • Acceptance by E.111: All orders from the Buyer are subject to acceptance by authorized personnel of EJP,and, in the case o1'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) 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: 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, il'such non-perfbrmartce was the result of any 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 manufacturers. Under no circumstances shall FJP be liable for any special, consequential, incidental, indirect, or liquidated damages, losses. or expense(whether or not based on negligence) arising;directly or inclirectly 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. 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 alae carrier. as EJP's responsibility ceases upon tender of goods to Buyer, Buyer's representative or common carrier. Delivery will be made on hard surtaces only. Any damage or towing charges resulting from "non hard surface deliveries" shall be the responsibility of the Buyer. • Inspection and Acceptance: Claims Isar 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, nonconloumance or rejection ot'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 I0 day period is it reasonable amount of time t2n such inspection and revocation. • Returns: ]Materials cannot be returned without EJP'S written consent. NO RI 'TURNS ARE ALLOWED AND NO REFUNDS WiI:L BE MADE ON (i) PIPE OR (ii) SPECIALLY FABRICATED OR ORDERED iTEMS. THE SOLE AND EXCLUSIVE RErNIEDY FOR SUCH ITEIMS 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 251/o RE-HANDLING CHARGE, plus transportation charges. Unless otherwise agreed by the Buyer,and EJP, all credit for returned material will be applied to Velure 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 MANUFACTURER. EJP MAKES NO EXPRESS OR IMPLIED WARRANTIES. EJP FIERGBY DISCLAIMS ALL EXPRESS OR iMPLIED WARRANTIES. WIiE-TIiER iMPLiED BY OPERATION OF LAW OR OTHERWISE. INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCI-IANTABILITf' AND FITNESS OR I�ITNESS i OR A PARTICULAR PURPOSE. UNDER NO CIRCUib1STANCI S. AN13 IN NO EVENT. WILL E.111 BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE OR ANY OTHER LOSS, DAMAGE,COST OR REPAIRS OR INCIDENTAL, PUNITIVE. SPECIAL,CONSEQUENTIAL,OR LIQUIDA-1'ED DAb1AGES OF ANY KiND, WHETiIE;R BASED UPON WARRANTY. CONTRACT. STRICT LIABILITY, NEGLIGENCE OR ANY 01-I-11_R 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, AND IN NO EVENT, SHALL I_1:JP'S LIABILITY, IF ANY, EXCEED THE NET SALES PRICE OF THE DE'FEC'TIVE 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 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 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 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 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, Boston. MA 02241-0502. All other correspondence and inquiries should be directed to your local H.IP Division. The f-ione Office address is 32 Prescott Strect. P.O. Bos 600. Gardiner, Maine 04345.Telephone(207)582-185 1. Fax (207) 552-5637. E-mail cjp(irt ejprescotr.com. PipelineSpecialists EVERETTJ.PRESCOTT,INC. sc�i71 ''Em'� HOME OFFICE PEP SEE CONDITIONS OF SALE AND P, 32 PRESCOTT STREET L=;;;= PAYMENT TERMS ON REVERSE. • P.O.BOX 600 METER&BACKFLOW SERVICES GARDINER,MAINE 04345 P.O.Box 600 t 210 SHEEP DAVID ROAD,CONCORD,NH 03301 Gardiner,ME 04345 '•;•; ,i;1,!,,r L..I"� ;s f�,.), r Everett J.Prescott,Inc. TELEPHONE(207)582-1851 (603)224-8425 FAX(603)224-3842 (207)582-5019 FAX(207)582-9118 we n JJ, ff n ♦ E.C itr .. f+ b.F � � .L t-,>,.,. ,i .?°L?v(fit�. � _ �• •• � 7� � �1 s=. +ry T 7;,?��, '_., II•..�.J r±.I„ji'.; I�x1 .-..,i.f_� :.I C;'I..�l. i,?.( .� ,a ,i,`+ - �• � � ;?rr 7 7 ri 9:" e d- 'Ott.'?,7 ' ° T:_"w i CUSTOMER • E,!. ..J to aS".'ff,.0 • • USE • CUSTOMER COPY • C,17'Y f 1..1 .4"S E L l✓ I.Ll..L .9 LL iv }-7 l'i. M1 1 I. ?. 1. L..? • 4 13� "�r 1 ,?.1t ��_;e 4 6,,fig�,.i; 4€a 0 ,t F'rHONTE: 317 73� 2855 CUSTOMER P.O.NUMBER JOB NAME JOB NO. SLS SALES PROMISE DATE SHIPPING METHOD al b,fit S T�. C,1—;, .k a B!-3- 5 f 2 5.1.1,DAL c U' ��"R C K 2 2 L PRODUCT NO.I'DESCRIPTION I EXTENDED AMOUNT fz I G;_J�3 rd r51 �...v., .'t.(b-7 4L i2 0 N 0.`10 1'S"''3 3 s .L 7 -J S 1 i "£,' ti) ) 9 , . 7 I J� OPREPAID SHIPPED VIA a OUR TERMS ARE NET 30 DAYS. AMOUNT COLLECT ALL SALES ARE SUBJECT TO THE TAX $' i E f TERMS AND CONDITIONS OF SALE EI PICK UP ON THE REVERSE SIDE FREIGHT ALL CLAIMS FOR SHORTAGES,DAMAGES,AND ERRORS IN THIS SHIPMENT MUST BE MADE IMMEDIATELY ANDNOTED HEREON OR RECEIVED BY ?,.; L) .3 i! `�'m' DATE RECEIVED WE WILL NOT ASSUME ANY RESPONSIBILITY FOR SAME.IF DELIVERY WAS MADE BY COMMON CARRIER,CLAIMS MUST BE FILED WITH THE CARRIER UPON RECEIPT OF GOODS.NO MERCHANDISE WILL BE ACCEPTED FOR RETURN OR ADJUSTMENT UNLESS WRITTEN AUTHORIZATION IS ISSUED.PRICES SUBJECT TO CHANGE WITHOUT NOTICE.A SERVICE.CHARGE WILL BE CHARGED ON X • PAST DUE BALANCES, E.J. Prescott, Inc. Termsand Conditions of Sale •Prices:All prices are sub ect 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,jaK,or othc�Wise) unless specifically suited.It is the responsibility of the Buyer to pay all such taxes.Taxes where applicable may be added to the.price of the product:-iuid,i shall,be paid by the Buyer,unless the Buyer furnishes to UP a tax exemption certificate in a form agreeable to the applicable taxing authorities,If EJP is required to prepky,tiny such tax.Buyer will reimburse UP in full upon demand. •Payment Terms: UP Open Credit accounts are established for commercial, non-consumer use Only. Unless an'approved commercial Open Cre(.Ii( account is established,payment in good fluids or approved check must.bernade before or at time of delivery.Commercial Credit terms are Net 30 days, no cash discounts allowed.Spi-vice Charges commence after 30 days and are calculated on the last day of the month in which die 30th day falls.SFR - VICE CHARGE IS IX%PEA NION'T'll(189,,A.P.R.)ON TI IF.BALANCE, OV13R 30 DAYS OF AGE-THE BUYER AGREESTO PAY ALL cos'rs AND EXPENSES OFCOLLECPION,INCLUDING REASON-ABLEAT-17ORNEY'S ICES,and UPcJairos a mechanic's lien tinder applicable state law. •Acceptance by RIP: All orders frorn the Buyer are subject to acceptance by authorized personnel of UR and, ni 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 THEPRODU T(S)IS PLACED INTO JC PRODUC TION.All charges and costs incurred by EJP as a result of cancellations or order changes will be billed to the Buyer. •Delivery:UP will make a good faith effort to complete delivery of the products;provided.however,that UP,assumes no responsibility or liability for loss or damage due to delay or inability to deliver,if such aeon-performance was the result of any events or circumstances beyond the control ofEJP,includ- ing,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 eircurnstarices shall UP be liable for any special,consequential,incidental,indirect,or liquidated clarnages,losses,or expense - -failure to (whether,or not based oil negligence)arising-directly or indirectly from delays of give notice of delay. •Shipment:Shipment of all products is to one given destination for all items including pipe,unless otherivi.se indicated in writing. loss Risk of los, shall trans- fer to the Buyer upon tender of goods to Buyer,Buyer's representative,or common carrier.The cost of tmy 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 oi-delivers the products erroneously as a result of inaccurate,incomplete or misleading information Supplied by Buyer or its agents or employee,,,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 darn- age or towing charges resulting from"noir hard surface delis eries"shall be the responsibility of the Buyer. -Inspection and Acceptance:Claims for claluage,shortage or errors in shipping muss be reported within 10 clays following delivery to Buyer.Buyer shall have 10 days from the date Buyer receives my products to inspect such products and services for defects and nonconformance and notify UP.in writing, of any defects,nonconformance or rejeclion of such products,After sash 10 day period,Buyer shall be deemed to have irrevocably accepted the prod- ucts,if notpreviously accepted.After such acceptance,Buyer shall have no right,to reject the products for any reason or to revoke.acceptance.Buyer here- by agrees that such 10 day period is,a reasonable.amount Of time for such inspection and revocation. -Returns-Materials carinot,be returned without UP'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 ANDEXCIA)'SIVE REMEDY FOR SUCH ITEMS JVLLE(.3EDTO BE DEMI-CTIVE IN WORKMANSHIP OR MATERIAL WILL,BF THE REPLACEMENT OFTHE ITEMS SUBJECT TO THE MANUFACTURER'S INSPEC- TION AND WARRANTY.All other returned material is subject to a MINIMUM 251�fI RE-HANDLING CHARGE,plus transportation charges.Unlesi other- wise agreed by the Buyer and UP,all credit for returned material will be applied to future orders,subject 10 approval by the EJP Credit Department, -War;�urrty:T'HE BUYER'S SOLEAND EXCLUSIVE WARRAN'T'Y,WANY,IS THAF PROVIDED BY THE PRODUCT'SMANUFACTURE.R.UP MAKES NO EXPRESS OR IMPLIED WARRANTIES. UP HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, WHETHER IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FIT-NESS OR FITNESS POR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES,AND IN NO EVENT. WILL,UP BE LIABLE,FOR PERSONAL INJURY OR PROPERTY DAMAGE OR ANY OTHER LOSS,DAMAGE.COST OR REPAIRS OR INCf- DENTAL,PUNITIVE,SPECIAL,CONSEQUENTIAL,OR LlQUIDXrED DAMAGES OF ANY KIND.wiiurf.-IER BASED UPON WARRANTY, CONTRACT, STRICT LIABILITY,NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING IN CONNECTION WITH THE DESIGN, MANUFACTURE,SALL.TRANSPORTATION,INSTALLATION,OR REPAIR OF THE PRODUCTS SOLD BY UR BUYER.ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES,AND IN NO EVENT, SHALL,FJP'S LIABILATN', 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 here- of arid contains,all the a.-reernents and conditions of sale:no course of dealing or usage of the trade shall be applicable unless expressly incorporated here- in.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 UP.All transactions shall be governed solely by the terins,and conditions contained herein,All purchase orders, issued pursuant to an UP quotation shall be deemed issued subject to all UP terms 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 law provisions).All action,;, regardless of form,arising'out of or in connection with this transaction,the products sold by EJP,or the relationship between the Buyer and UP shalt be brought:in the courts of the State of Maine within the applicable statutory period. •Commiunicationis:'Payments oKily should be directed to:E.1,Prescott,Inc.,P.O.Box 350002.Bostorl,MA 02241-0502.All other correspondence and incluiriesshould be directed to your local UP Division.The Home Office address,is 32.PrescottStreet,P.O.Box 600,Gardiner,Maine 04345,Telephone (207)582-1851.Fax(207)582-5637.E-mail qJp@oiprescott.con]. EjF1 T&C rl,,vislun Datc,4,09