Loading...
HomeMy WebLinkAbout302148 08/22/16 CITY OF CARMEL, INDIANA VENDOR: 358710 ONE CIVIC SQUARE H D SUPPLY WATERWORKS LTD CHECK AMOUNT: $*****1,459.75* CARMEL, INDIANA 46032 P 0 BOX 28330 CHECK NUMBER: 302148 ST LOUIS MO 63146 CHECK DATE: 08/22/16 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 F872843 299.52 OTHER EXPENSES 601 5023990 F872866 501.95 OTHER EXPENSES 601 5023990 F892196 7.00 OTHER EXPENSES 651 5023990 F910242 557.08 OTHER EXPENSES 651 5023990 F937306 94.20 OTHER EXPENSES VOUCHER # 162317 WARRANT# ALLOWED 350591 IN SUM OF $ HD SUPPLY WATERWORKS PO BOX 28330 St LOUIS, MO 63146 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO# INV# ACCT# AMOUNT Audit Trail Code F872843 01-6200-06 299.52 Voucher Total -iL5 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 350591 HD SUPPLY WATERWORKS Purchase Order No. PO BOX 28330 Terms St LOUIS, MO 63146 Due Date 8/6/2016 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 8/6/2016 F872843 299.52 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 Tnanx you for the opportunity to serve your we appreciate your prompt payment. Date' O`rde"r"ed-Dat'e''Shipped Customer:"PO. #:"Tob 'Name Job #' . ' Bill 6f°'Ladiiig: Shipped Via Irtvoic"e# 7/25/16 8/02,/16 JACK MARKING PAINT OUR TRUCK. : F872843 Product- Code Descrhption Ordered Shipped B/O � Price � UM Extended Price 96PAINT17B 17 OZ BLUE MARKING PAINT 96 96 3.12000 EA 299.52 1241 MUST BE KRYLON x Freight "' Delivery! Handling Restock "x Misc Subtotal ... =Other ;-:� - •_..:' ,. = � 0 0-� Tax.. Terms:, NET 3Q onderec� sy sacx� Invoice Total `< X299 "52 This transaction is governed by and subject to HD Supply Waterworks' standard terms and conditions, which are incorporated by reference and accepter To review these terms and conditions, please visit: www.waterworks.hdsupply.com/TandC. ''"` +'" :k:".+ SPL ,.-: Y{ SF` i ✓ -_k, .f TyT;i7,' "?f$"0� 4%'. w^"° °P �'.a`4e Date Ord'e'red Date'"Shipped Customer' PO #' fob Name Job #" Br11=.of Ladiii ` pped la ".^:rnvoce# 7/28/16 7/29/16 MIKE STOCK g Shi LARRY S F892196 Quantity _ ^^ Product Code Descrlptson Ordered Shipped B/O Price UM Extended Price. 39076131 6131 3/4 PLASTIC STIFFENER-CTS 20 20 .35000 EA 7.00 4130249 xrs Rrx : .* k ,fin. . ar*%r a �,� r xyn 4 j • `.r P4:.; A r Freight De1'lvery;` Handling ,t,Restock Msc Subtotal r37 0'0 ,Other .,�0 Tax: 00 Terme NET 30Qj. Orcerect�y MIKE '. xnvorce Total , 7 00 ..�..,.�c�a.. This transaction is governed by and subject to HD Supply Waterworks' standard terms and conditions, which are incorporated by reference and acceptec To review these terms and conditions, please visit: www.waterworks.hdsupply.com/TandC. nnnnn D�rrc. , KDSVPPLY ' ' (.� .,.. , � • T I INDIANA POL_S�,�J IN WATERWORKS FILLED BY: Branch - 4301600 Expo Lane Local Knowledge CHECKED BY: Ind s.anapo 1 is IN 46214 Local Experience Local Service,Nationwide REVIEWED BY: 3 PHONE ;r 317 271 1463i A' ! f RECEIVED SIGNATURE PRINT NAME (_ St`s illl�/ . HERE: / iEPRINT 08/01/2016 02.27 Pit PAGE 1 PICK TICKET FB'72043 LARRY SHIREMAN =. 430 ae12�1 s.zx c•i t rnn�ni'rrr _,.x.x ENTERED BY. i. s S SPECIAL INSTRUCTIONS/COMMENTS 0 CARMEL UTILITIES H CARMEL UTILITIES L 3450 W 131ST ST I 3450 W 1;1ST. STREET D CARMEL IN P CARMEL IN 46074 46074 T T D Cus Pn# 317 733 2855 0 1ANCH DATE ORDERED DATE SHIPPED PURCHASE ORDER NO. JOB NAME JOB NUMBER F RY METHO D BILL OF LADING NO. SHIPPED VIA SALESM. NO. OUR CUSTOMER DIRECT SHIPPED r , TRUCK PICK UP r30 7I25t16 �', !✓' JACK MARKING PAINT x 152 BIN LOCATION PRODUCT CODE DESCRIPTION 126 003 001 '9hP­/a I NT'17U 17 02 BLUE MARKING PAINT 96 96 �,�� EA -_ I WEIGHT. 1.0625 lb « 4q, NL4S T—pE-; RTL-G TOTAL: !�lE 10 T 10 .00 Iv e END OF -ORDER • • . HANDLING RESTOCKING • TOTAL SALE NOTICE: THE TERMS,AND CONDITIONS ON THE REVERSE SIDE OF THIS FORM ARE AGREE©TO: I I��II� II I i�Ill I��I� II I I�III I4 � IIID � ICiI I�I�I I� I� II��! If�I II I l �I COPY a- TERMS AND CONDITIONS OF SALE("Terms") 1.All references in this document to"Seller"shall include HD Supply, Inc. and/or any parent, subsidiary or affiliate of HD Supply, Inc. (including any division of the foregoing)whether or not performing any or all of the scope hereunder or specifically identified herein.All references to"Buyer"shall include all parent(s),subsidiaries and affiliates of the entity placing the order.Buyer and Seller may be referred to individually as a"Party"and collectively as . "Parties". 2.All sales to Buyer are subject.to these Terms,which shall prevail over any inconsistent terms of Buyer's purchase order or other documents.Additional or different terms and conditions in any way altering or.modifying these Terms are expressly objected to and shall.not be binding upon Seller unless specifically accepted in writing by Seller's authorized representative. No modification or alteration of these Terms shall result by Seller's shipment of goods or provision of services(such goods and services hereinafter collectively"Goods")following receipt of Buyer's purchase order,or other documents containing additional,conflicting or inconsistent terms.There are no terms,conditions, understandings,or agreements other than those stated herein,and all prior proposals and negotiations are merged herein:These Terms are binding on the Parties,their successors,and-permitted assigns. 3.Prices on Seller website,catalogs or in Seller quotes are subject to change without notice,,and all such prices expire and become invalid if not accepted within 10 calendar days from the date of issue,unless otherwise noted by Seller in writing.Price extensions if made are for Buyer's-convenience only,and they;as well as any mathematical,stenographic or clerical errors,are not binding on Seller.Prices shown do not include any sales,excise,or other governmental tax or charge"payable'by Seller to-any federal,state or local authority.Any taxes now or hereafter imposed upon sales or shipments will be added to the purchase price,and Buyer shall reimburse Seller for any such tax or provide Seller with an acceptable tax exemption certificate.All prices and other terms provided to Buyer shall be kept confidential except to the extent a Party is required by law to disclose the same. 4.Seller shall not be liable for delay or default in delivery resulting from any cause beyond Seller's reasonable control,including,but not limited to,governmental action,strikes or other labor troubles;fire;damage or destruction of Goods,wars(declared or undeclared),acts of terrorism,manufacturers shortages,availability or timeliness of transportation,materials,fuels,or supplies,and acts of God(each a"Force Majeure Event"). Upon the occurrence of a Force Majeure Event:(a)the time for Seller's performance shall be extended reasonably and the Parties shall adjust all affected dates accordingly;(b)the purchase price shall be adjusted for any increased costs to Seller resulting from such Force Majeure Event;and(c)Buyer shall not be entitled to any other remedy. 5.Seller is a reseller of Goods only,and as such does not provide any warranty for the Goods it supplies hereunder. Notwithstanding this As-Is limitation,Seller shall pass through to Buyer any transferable manufacturer's standard warranties with respect to Goods purchased hereunder.BUYER AND PERSONS CLAIMING THROUGH BUYER SHALL SEEK RECOURSE EXCLUSIVELY FROM MANUFACTURERS IN CONNECTION WITH ANY DEFECTS IN OR FAILURES OF GOODS;AND THIS SHALL BE THE EXCLUSIVE RECOURSE OF BUYER AND PERSONS CLAIMING THROUGH BUYER FOR DEFECTIVE GOODS,WHETHER-THE CLAIM OF BUYER OR THE PERSON CLAIMING THROUGH BUYER SHALL SOUND IN CONTRACT,TORT,STRICT LIABILITY,PURSUANT TO STATUTE,OR FOR NEGLIGENCE.BUYER SHALL PASS,THESE TERMS TO SUBSEQUENT BUYERS AND USERS_ OF GOODS: SELLER EXCLUDES AND DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,ALL IMPLIED WARRANTIES OF"MERCHANTABILITY AND''FITNESS FORA PARTICULAR PURPOSE.SELLER ASSUMES NO RESPONSIBILITY WHATSOEVER FOR SELLER'S INTERPRETATION OF PLANS OR SPECIFICATIONS PROVIDED BY BUYER,AND BUYER'S ACCEPTANCE.AND USE OF GOODS SUPPLIED HEREUNDER SHALL BE PREMISED ON FINAL APPROVAL BY BUYER OR BY BUYER'S RELIANCE ON ARCHITECTS, ENGINEERS, OR OTHER THIRD PARTIES RATHT� THAN ON SELLER'S INTERPRETATION.TO.THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT,WHETHER IN CONTRACT,.WARRANTY, INDEMNITY,TORT(INCLUDING, BUT-NOT LIMITED TO,/NEGLIGENCE)', STRICT LIABILITY OR OTHERWISE,ARISING DIRECTLY OR INDIRECTLY OUT OF THE PERFORMANCE OR BREACH OF THESE TERMS,SHALL SELLER BE LIABLE FOR(a)ANY INCIDENTAL, INDIRECT;:PUNITIVE,SPECIAL,.. CONSEQUENTIAL OR SIMILAR DAMAGES SUCH AS LOSS OF USE,LOST PROFITS,ATTORNEYS'FEES OR DELAY DAMAGES,EVEN IF SUCH DAMAGES WERE FORESEEABLE OR CAUSED BY SELLER'S,BREACH OF THIS AGREEMENT,(b)ANY CLAIM THAT PROPERLY IS A CLAIM AGAINST THE MANUFACTURER,OR(c)ANY AMOUNT EXCEEDING THE AMOUNT PAID TO SELLER FOR GOODS FURNISHED TO BUYER WHICH ARE THE SUBJECT OF SUCH CLAIM(S).ALL CLAIMS MUST BE BROUGHT WITHIN ONE YEAR OF ACCRUAL OF A CAUSE OF ACTION. 6. Buyer shall indemnify,defend;and hold Seller its-officers,directors,employees and agents harmless from any and all costs(including attorneys'and accountants'fees and expenses),liabilities and,ai phages resulting from or related to any third party(including Buyer's employees)claim,complaint and/or judgment arising from Buyer's use of any Goods furnished hereunder,as well as any negligent,intentional,or tortious`act or orpssion.of Buyer or any material breach by Buyer of these Terms. 7.When Goods are delivered to Buyer in Seller's own vehicles,the F.O.B.point shall be Buyer's designated delivery site. In all other cases the F.O.B.point shall be Seller's store or warehouse and all responsibility and costs of shipping and delivery beyond the applicable F.O.B..point shall be borne by Buyer.Title and risk of'loss.shall pass to.Buyer at the applicable F.O.B.point,which for Goods not delivered in Seller's own vehicles shall.be when Seller delivers the Goods to the common carrier.All claims for shortage of Goods or for loss or damage to Goods as to which Seller has the risk of loss shall be waived unless Buyer,within 10 calendar days after receipt of the short or damaged shipment,gives Seller written notice fully describing the alleged shortage or damage.Partial shipments are permitted at Seller's discretion. 8.Any change in product specifications,quantities,destinations,shipping schedules,or any other aspect of the scope of Goods must be agreed to in writing by Seller,and may result in a price and delivery adjustment by Seiler.No credit for.Goods returned by Buyer shall be given without Seller's written authorization.All returns are subject to a restocking charge. 9.Unless otherwise agreed in writing,payment terms are net 30 days from delivery,payable in United States of America("U.S.")dollars.Notwithstanding the foregoing,all orders-are subject to Seller's'continuing approval of Buyer's credit.If Buyer's credit is not approved or'becomes unsatisfactory to Seller then Seller;in its sole discretion,may suspend or cancel performance,or require different payment terms,including but not limited to cash on delivery or in advance of shipment.In addition,Seller may in its discretion require an advance deposit of up to 100%of Seller's selling price for any specially manufactured Goods ordered by,Buyer hereunder.Payments due hereunder shall be made in the form of cash,check,or money order,or other tender approved in writing by Seller.Seller may,in its sole discretion,apply Buyer's payment against any open charges.Past due accounts bear interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law,continuing•after Seller obtains judgment against Buyer.Seller may exercise setoff or recoupment to apply to or satisfy Buyer's outstanding debt.Buyer shall have no right of setoff hereunder,the same being expressly waived hereby. Seiler expressly reserves its right to file liens if Payment isnot received for its materials and expressly disclaims any waiver of lien rights language which may be contained in any future agreements between the Parties hereto. Seller reserves all rights to invoice and be paid for.materials provided to Buyer and any terms contained in any of Buyers purchase orders or other documents that purport to limit in any way the time or manner within which Seller may invoice are hereby waived by Buyer. 10. Bayer shall not export-or re-export,directly or indirectly,all or any part of the Goods or related technology obtained from Seller under these Terms except in accordance with applicable export laws and regulations of the U.S.; Further,a Buyer that'is a non-U.S.company or citizen shall similarly limit any export or re-export activity,to that which would be deemed compliant with U.S.export laws and-regulations if performed by a U.S.company or citizen. 11. Buyer shall pay Seller all costs and expenses of collection,suit,or other legal action brought as a*result of the commercial relationship between them,including,but not limited to,all actual attorneys'and paralegals'fees,and e collection costs,incurred pre-suit,through trial,on appeal,and in any administrative or bankruptcy proceedings. Any cause of action that Seller has'against Buyer may be assigned without Buyer's consent to HD Supply,Inc.or to any E affiliate,parent or subsidiary of HD Supply;Inc. P� 12.This Agreement,Buyer's,account, and the business relationship between Buyer and Seller shall be governed by and construed in accordance with the'laws of Georgia without regard to conflicts of laws rules,and,specifically excluding the UN Convention on Contracts for the International Sale of Goods.The Parties agree that'any legal action arising under or related to this Agreement shall be brought in Cobb County,Georgia,and any right to object to such venue or to assert the inconvenience of such forum is hereby waived. 13.If Buyer fails to comply with these Terms,Seller may terminate or restrict any order immediately upon notice to Buyer.Buyer certifies that it is solvent and that it will advise Seller immediately if it becomes insolvent.'Buyer agrees to send Seller written notice of any changes in the form of ownership of Buyer's business within 5 days of such'changes.Buyer and Seller are the only intended beneficiaries of this:document,and there are no third party!beneficiaries. 14.The invalidity or unenforceability of all or part of'these Terms will not affect'the validity or enforceability,of the other terms.The parties agree to replace-any void or unenforceable term-with,a new term,that'achieves"substantially the same practical and economic effect and is valid and enforceable. - = .15.The following provisions.shall survive termination,cancellation and completed performance of this Agreement as long as necessary to allow the aggrieved party to fully enforce such clauses:5,6,9,10,11 and 12... HD,Supply Terms and Conditions of.Sale-.Rev A0115. S HODSUPPLY D INDIANAPOLIS E IN WATERWORKS FILLED BY: L Branch_ - 509 ` D 7281 East 30th.-- St Local Knowledge CHECKED BY: 4 .T Local Experience Indianapolis IN 46219 Local Service,Nationwide° REVIEWED BY: B PHONE # 317 ,545 6088 RECEIVED BY: Y SIGNATURE PRINT NAME v HERE: 07/28/2016 11:37 AM PAGE 1PICK, TICKET F692196 ENTERED BY: LARRY SHTREMAN - 430 08 51 S S SPECIAL INSTRUCTIONS/COMMENTS D H CUSTOMER PICKUP L CARMEL UTfiLITIESCARMEL UTILITIES LARRY WILL PICK UP ON FRIDAY MORNING TO D 3450 W 131ST ST Pl Branch - 509 DELIVER. THANKS CARMEL, IN 728 . East 30th St T 46074 T Indianapolis IN 46219 D Cus Ph# 317 733 2855 IANCH DATE ORDERED DATE SHIPPED PURCHASE ORDER NO. JOB NAME JOB NUMBER IVERY METHOD BILL OF LADING NO. SHIPPED VIA SALESMF NO. OUR CUSTOMER TRUCK PICK UP DIRECT SHIPPED Q /9A/ TIADDV C7 BIN LOCATION ••. •DqF DESCRIPTION . e • •• • 6 .39076131_ 6.131 3/4 PLASTIC STIFFENER-CTS____ __E.A_.__ :4 dE"IGHT .0120 lb T ------------ - -- Pun ERCHAND1SE TOTAL SALE, IOTICE: THE TERMS AND CONDITIONS ON THE I ISIIIII IIII(IIII IIIA VIII VIII VIII VIII VIII II1II VIII VIII VIII IIII IIlI COPY IEVERSE SIDE OF THIS FORM ARE AGREED TO: TERMS AND CONDITIONS OF SALE("Terms") 1.All references in this document to"Seller"shall include,HD Supply, Inc. and/or any parent, subsidiary or affiliate of HD Supply, Inc. (including any division of the foregoing)whether or not performing'ariy or all of•the scope - hereunder or specifically identified herein.All references to"Buyer"shall include all parent(s),subsidiaries and affiliates of the entity placing the order.Buyer-and Seller may be referred to individually as a"Party'and'collectively,as „Parties". 2.All sales to Buyer are subject to these Terms;which shall,prevail,over any inconsistent terms of Buyer's purchase order or other documents.Additional or different terms and conditions in any way altering or modifying these Terms are expressly objected to and shall not be binding upon Seller.unless-specifically accepted in writing by Seller's authorized representative. No modification or alteration of these Terms shall result'by Sellers shipment of'''oodsor provision of services(such goods and services hereinafter collectively"Goods")following receipt of Buyers purchase order,or other documents containing additional,conflicting or inconsistent terms.There are no terms,conditions, understandings,or agreements other than those stated herein,and'all prior.proposals and negotiations are merged-herein.These Terms-are binding on the Parties,their successors,and permitted assigns. 3.Prices on Seller website,catalogs or in Seller quotes are subject to change without notice,and pil such prices expire and become.invalid if not accepted within 10 calendar days from the date of issue,,unless otherwise noted by Seller in writingPrice extensions if-made are.for Buyer's convenience only,and they,as vwell bss any mathematical,stenographic or cferical errors,are not binding on Seller.Prices-stiown do not include any salea,'excise,or other. governmental tax or charge payable b Seller to an federal,state or local authority.An taxes now or hereafter imposed upon salesor shipments will be added to the Purchase rice,and Buyer shall-reimburse Seller for an such tax" -- 9 9 P Y Y Y Y� Y p P P P P Y Y or provide Seller with an acceptable tax ei 6mption certificate.All'prices and other terns provided to Buyer shall be kept confidential except to the extent a Party is required by law to disclose the same. 4.Seller shall not be liable for delay or default in delivery resulting from.any cause beyond Seller's reasonable control, including,but not limited to,governmental action,strikes or other labor troubles,fire,damage or destruction of Goods,4arsVeclared or' undeclared),acts of-fefrodsm,'manufactur'ets'%shortages,availability or timeliness of transportation;materials,fuels,or supplies,and acts of God(each a"Force Majeure Event"). Upon the.bccuirehce of.a Force Majeure-Event:(a)the time for Seller's.performance shMl'be extended reasonably and the Parties shall adjust all affected dates accordingly;(b)the purchase price shall be adjusted for any increased costs to Seller resulting from such Force Majeure Event;and(c)Buyer shall not be entitled to any other remedy. 1'i 5.Seller is a reseller of Goods only,and as such does not provide any warranty for the Goods it supplies hereunder.Notwithstanding this'As-Is limitation,',Seller shall pass through to Buyer any transferable manufacturer's standard warranties with respect to Goods purchased hereunder.BUYER AND PERSONS CLAIMING THROUGH BUYER SHALL SEEK RECOURSE EXCLUSIVELY FROM MANUFACTURERS IN CONNECTION WITH ANY DEFECTS IN OR.FAILURES OF GOODS,'AND THIS SHALL BE THE EXCLUSIVE RECOURSE OF BUYER AND PERSONS-CLAIMING THROUGH BUYER FOR DEFECTIVE GOODS,WHETHER THE CLAINPOF BUYER OR.THE PERSON. CLAIMING THROUGH BUYER SHALL SOUND IN CONTRACT,TORT,STRICT LIABILITY,PURSUANT TO STATUTE,OR FOR NEGLIGENCE.BUYER SHALL PASS THESE TERMS TO SUBSEQUENT BUYERS AND USERS OF GOODS. SELLER EXCLUDES AND DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES,.INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF-MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.SELLER ASSUMES NO RESPONSIBILITY WHATSOEVER FOR SELLER'S INTERPRETATION OF PLANS OR SPECIFICATIONS PROVIDED BY BUYER,AND BUYER'S ACCEPTANCE AND USE OF GOODS SUPPLIED HEREUNDER SHALL BE PREMISED ON FINAL APPROVAL BY BUYER OR BY BUYER'S RELIANCE ON ARCHITECTS, ENGINEERS, OR OTHER THIRD PARTIES.RATHER THAN ON SELLER'S INTERPRETATION.TO THE.EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT,WHETHER IN CONTRACT,WARRANTY, INDEMNITY, TORT(INCLUDING, BUT NOT.LIMITED TO, NEGLIGENCE), STRICT', LIABILITY OR OTHERWISE,ARISING DIRECTLY OR.INDIRECTLY.OUT OF THE PERFORMANCE OR BREACH OF THESE.TERMS,SHALL SELLER BE LIABLE FOR(a)ANY INCIDENTAL INDIRECT,PUNITIVE, SPECIAL,' „ CONSEQUENTIAL OR SIMILAR DAMAGES'SUCH AS LOSS OF USE,LOST PROFITS,ATTORNEYS'FEES OR DELAY DAMAGES;EVEN IF SUCH DAMAGES WERE FORESEEABLE OR CAUSED BY SELLER'S BREACH'OF. THIS AGREEMENT,(b)ANY CLAIM THAT PROPERLY IS A CLAIM AGAINST THE MANUFACTURER,OR'(c)ANY AMOUNT EXCEEDING THE AMOUNT PAID TO SELLER FOR GOODS FURNISHED,TO BUYER WHICH ARE THE SUBJECT OF SUCH'CLAIM(S).ALL CLAIMS MUST BE BROOGHT WITHIN ONE YEAR OF ACCRUAL OF A CAUSE OF ACTtON.' 6. Buyer shall indemnify, defend, and hold Seller its officers,directors, employees and agents harmless from any and all costs(including attorneys'and accountants'fees'•and,expenses), liabilities and damages resulting from or related to any third party(including Buyer's employees)claim,complaint a'd/or judgment arising from Buyer's use of any Goods furnished'hereunder,'as well as any'negiige'nt,intentional,or tortious actor omission,of;Buyer or any material breach by Buyer of these Terms. - — -- - - --- ' 7.When Goods are delivered to Buyer in Seller's own vehicles, the F.O•B.point shall be Buyer's designated delivery site. In all other cases the F.O.B. point shall be Seller's store or warehouse and all responsibility and costs of shipping and delivery beyond the applicable F.O.B.point shall be borne by Buyer.Title and risk of loss shall pass to Buyer at the applicable F O.B.point,which for Gocds not delivered in Seller's own venicles shall be whet Selle. delivers the Goods to the common carrier.All claims for shortage c,f Goods or for lose or damage to Goods 3s to .which Seller nas the risk of ioss shall be waived unless Buyer,within 10 calenoar .ys after receipt of the short or damaged shipment'gives Seller written notice fully describing the alleged shortage or damage.Partial shipments are pe,.-tted at Seller's discretion. 8.Any change in product specifications,quantities,destinations,shipping schedules,or any other aspect of the scope i Goods must be agreed to in writing by Seller,and may result in a price and delivery adjustment by Seller.No credit for Goods returned by Buyer shall be given without Seller's written authorization.Ail returns are subject to a restocl(ing,chi rge. 9.Unless otherwise agreed in writing,payment terms are net 30 days from delivery,payable in United States of America("U.S.")dollars.Notwithstanding the foregoing,all orders are subject to Sellers continuing approval of Buyer's credit.If Buyer's credit is not approved or becomes unsatisfactory to Seller then Seller,in its sole discretion,may suspend or cancel performance,or require different payment terms,including but not limited to cash on delivery or in advance of shipment. In addition,Seller may in its discretion require an advance deposit of up to 100%of Seller's selling price for any specially manufactured Goods ordered by,Buyer hereunder.Payments due hereunder shall be made in the form of cash,check,or money order,or other tender approved in writing by Seller.Seller may,in its sole discretion,apply Buyer's payment against any open charges.Past due accounts bear interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law,continuing after Seller obtains judgment against Buyer.Seller may exercise setoff or recoupment to apply to or satisfy Buyer's outstanding debt.Buyer shall have no right of setoff hereunder,the same being expressly waived hereby. Seller expressly reserves its right to file liens if payment is not received for its materials and expressly disclaims any waiver of lien rights language which may be contained in any future agreements between the Parties hereto. Seller reserves all rights to invoice and be paid for materials provided to Buyer and any terms contained in any of Buyer's purchase orders or other documents that purport to limit in any way the time or manner within which Seller may invoice are hereby waived by Buyer. 10.Buyer shall not export or re-export, directly or indirectly,all or any part of the Goods or related technology obtained from Seller under these Terms except in accordance with applicable export laws and regulations of the U.S. Further,a Buyer that is a non-U.S.company or citizen shall similarly limit any export or re-export activity-to that which would be deemed compliant with U.S.export laws and regulations if performed by a U.S.company or citizen. 11.Buyer shall pay Seller all costs and expenses of collection,suit,or other legal action brought as a result of the commercial relationship between them,including,but not limited to,all actual attorneys'and paralegals'fees,and collection costs,incurred pre-suit,through trial,on appeal,and in any administrative or bankruptcy proceedings. Any cause of action that Seller has against Buyer may be assigned without Buyer's consent to HD Supply,Inc.or to any affiliate,parent or subsidiary of HD Supply,Inc. 12,This Agreement,Buyer's account, and the business relationship between Buyer and Seller shall be governed by and construed in accordance with the laws of Georgia without regard to conflicts of laws rules, and specifically excluding the UN Convention on Contracts for the International Sale of Goods.The Parties agree that any legal action arising under or related to this Agreement shall be brought in Cobb County,Georgia,and any right to object to such venue or to assert the inconvenience of such forum is hereby waived.' 13. If Buyer fails to comply with these Terms,Seller may terminate or restrict any order immediately upon notice to Buyer.Buyer certifies that it is solvent and that it will advise Seller immediately if it becomes insolvent.Buyer agrees to send Seller written notice of any changes in the form of ownership of Buyer's business within 5 days of such changes.Buyer and Seller are the only intended beneficiaries of this document,and there are no third party beneficiaries. 14,;The`invalidity or unenforceability of all.or part of these Terms will not affect the validity or enforceability of the-other terms.The parties agree to replace any void or unenforceable.,term with a new term that achieves.su bstantially the same practical and economic effect and is valid and enforceable. 15.The following provisions shall survive termination,cancellation and completed performance of this Agreement as long as necessary to allow the aggrieved'party to fully enforce such clauses:5,6,9,10,11 and 12. HD Supply Terms and Conditions of Sale-Rev A0115 VOUCHER # 165933 WARRANT # ALLOWED 86201 IN SUM OF $ HD SUPPLY WATERWORKS LTD (NAT PO BOX 28330 ST. LOUIS, MO 63146 Carmel Wastewater Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO# INV# ACCT# AMOUNT Audit Trail Code F910242 01-7200-02 557.08 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 86201 HD SUPPLY WATERWORKS LTD (NATIONAL Purchase Order No. PO BOX 28330 Terms ST. LOUIS, MO 63146 Due Date 8/15/2016 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 8/15/2016 F910242 557.08 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 Thank you for the opportunity to serve youl We appreciate your prompt payment. `Date Ordered Date Shipped Customer PO# Job Name Job# s Bill of Lading -Shipped Via Invoice# 8/01/16 ,8/05/16 S16354 STOCK - OUR TRUCK F-.937306 Quantity Product Code Description Ordered:Shipped B/O Price UM Extended Price } 281OCCLCISR 1002-1010SR 10X10 SHEAR RING 2 2 47.10000 EA 94.20 CPLG CLXCI/PVC W/BAND 271OW06GGT 10X6 PVC SDR35 SWR T-WYE GXG 1 1 135.40000 EA 00 Paperless Billing ' ' ' �' HODSUPPLY. -Expedites delivery. I WATERWORKS-Save trees. ��� � a Local Knowledge -Go GREEN. Local Experience • • • Local Service,Nationwide f r Freight 'Delivery Handling Restock Misc. Subtotal: 94.20 Other: 0.00 - i Terms: NET 30 Ordered By:DUANE Tax: 0.00 Invoice Total: $94.20 This transaction is governed by and subject to HD Supply Waterworks'standard terms and conditions,which are incorporated by reference and accepted. To review these terms and conditions,please visit:www.waterworks.hdsupply.com/TandC. 0001:0001 Page 1 of 1 i nanK you Tor ine opportunity to serve you:vve appreciate your prompt payment. Date Ordered Date Shipped Customer PO# Job Name Job# Bill of Lading Shipped Via Invoice# 8/01/16 8/04/16 S16354 STOCK OUR TRUCK F910242 Quantity Product Code Description Ordered Shipped B/O Price UM Extended Price 04103514 10X14'SDR35 PVC SWR PIPE(G) 84 84 5.02000 FT 421.68 271 OW06GGT 10X6 PVC SDR35 SWR T-WYE GXG 2 1 1 135.40000 EA 135.40 281OCCLCISR 1002-1010SR 10X10 SHEAR RING 2 2 47.10000 EA .00 CPLG CLXCI/PVC W/BAND Paperless Billing K•DSUPPLY Expedites delivery. WATERWORKS r Save trees. _ � Local Knowledge -Go GREEN. Local Experience • • • Local Service,Nationwide• Freight Delivery Handling "Restock rvMisc. `. Subtotal. 557.08 Other: 0.00 Tax: A00 Terms NET 30 Ordered By DUANE Invoice Total: 557.08 =` This transaction is governed by and subject to HD Supply Waterworks'standard terms and conditions,which are incorporated by reference and accepted. To review these terms and conditions,please visit:www.waterworks.hdsupply.com/TandC. 0001:0001 Page 1 of 1 VOUCHER# 162404 WARRANT# ALLOWED 350591 IN SUM OF $ HD SUPPLY WATERWORKS PO BOX 28330 St LOUIS, MO 63146 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO# INV# ACCT# AMOUNT Audit Trail Code F872866 01-6200-06 501.95 Voucher Total 501.95 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 350591 HD SUPPLY WATERWORKS Purchase Order No. PO BOX 28330 Terms St LOUIS, MO 63146 Due Date 8/12/2016 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 8/12/2016 F872866 501.95 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 PT7 7- a _ - ' ,.�._._..._�w,r, a ne appreciate your prompt payment Date Ordered Date"'Shipped 'Customer PO # `Job `Name Jobe#' Bill of Lading 7/ Shipped Via "Invoice# 25/16 8/02/16 JACK MARKING FLAGS UPS F872866 Product Code QuanptP ty Descr-iption Ordered Snipped B/O Price UN Extended Price < HD SUPPLY WATERWORKS PO#-7722889 /80014531817 4X5 BLACKBURN BLUE MARKING 4000 4000 .12000 EA 480.00 FLAGS WITH SCREENING #4471 AND 18" WIRE STEM DESC: PR LG 18 W COLOR: BL/W SCREEN#: 4471 Freight Delivery Handling "Restock Msc $ubtotalr` 480.,00' Other: $21 95 21.95 Terms 4tT 30 Tax. 00 Total $501 951 This transaction is governed by and subject to HD supply waterworks' standard terms and conditions, which are incorporated by reference and accepts( To review these terms and conditions, please visit: www.waterworks.hdsupply.com/TandC. nnnnn D=ryQ. , PACKING SLIP CUSTOMER NO: 0010792 SHIP TO: Page: 1 HD SUPPLY WATERWORKS LTD CARMEL UTILITIES ATTN ACCOUNTS PAYABLE 31 IST AVE NW PO BOX 28446 ATTR- JACK SPEARS SAINT LOUIS, MO 63146 CARMEL, IN 46032 SHIP VIA: CUSTOMER PO# DATE RECD ORDER NUMBER UPS COLLECT GRND 7722889 8/1/2016 0499216 -P UANTITY ITEM NUMBER] DESCRIPTION SCREEN# COLOR j 4,000 P458W PR LG 18 W 4471 BL/W PRODUCT CODE:/80014531817 PO DATE:08/01/2016 SHIP DATE 08/02/2016 SHIP VIA:UPS COLLECT#447733 4 BOXES @ 92#