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HomeMy WebLinkAbout302119 08/22/16 0V+ ,.G�q� .� CITY OF CARMEL, INDIANA VENDOR: 088550 ;; ® i ONE CIVIC SQUARE EVERETT J PRESCOTT INC CHECK AMOUNT: $*******901.37* _� CARMEL, INDIANA 46032 PO BOX 350002 CHECK NUMBER: 302119 M,�oN�; BOSTON MA 02241-0502 CHECK DATE: 08/22/16 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 5115872 223.28 OTHER EXPENSES 601 5023990 5116488 186.60 OTHER EXPENSES 601 5023990 5118194 46.00 OTHER EXPENSES 601 5023990 5118762 192.00 OTHER EXPENSES 601 5023990 5120846 56.87 OTHER EXPENSES 601 5023990 5121586 173.62 OTHER EXPENSES 601 5023990 5122760 23.00 OTHER EXPENSES VOUCHER# 162348 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 5120846 01-6200-06 56.87, ,50 M-7-Z, " a Voucher Total q 53,`-76.87 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 8/8/2016 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 8/8/2016 5120846 56.87 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 ;; j 1 32 Prescott Street P.O.Box 600 5120846 El Gardiner,Me.04345-0600 INVOICE DATE 8/01/16 PACKING.SLIP Nd'; 5120846 Everett J.Prescott,Inc. CUSTQMER NO;i 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 Tele2hone: 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..—--—vOB=NAME-:. -JOB-NO- =SLS„,--DATE-DUE- ATE SHIPPED-—_-_.' -"'SHIPPING METHOD VERBAL ISTOCK I 110818/31/16 1 8/01/16 1 Our Truck LINE PRODUCT 1 55695 F 6X7.5 FLS1 REP CLAMP 684724 EA 1 56.87 56.87 RECEIVE YOUR INVOICES FASTERA PLEASE CONTACT YOUR THANK YOU AMOUNT `• "! 56.87 LOCAL OFFICE FOR FAX OR E-MAIL OPTIONS-GO GREENI FOR YOUR BUSINESSI TAX 00 PLEASE NOTE:OUR TERMS FREIGHT.,, 00 ARE NET 30 DAYS.YOUR 00 SERVICE CHARGE IS 1 1/2%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 ATTORNEYS FEES,AND EJP CLAIMS A MECHANICS'S LIEN UNDER APPLICABLE STATE LAW. APPRECIATED. 1 56.87 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. 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 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. Conunercial 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 1% % PER MONTH (1.8% 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 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 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, if such non-perfonnance 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 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 -ive 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 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 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, 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 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 4vritten 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 25% RE-HANDLING 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 MAKES NO EXPRESS OR IMPLIED WARRANTIES. EJP HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTiES. WHETHER iiviPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF ME.RCI-IANTABILITY AND 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 OF T1-IE PRODUCTS SOLD BY EJP.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 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 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. 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 con•espondence 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)552-1851. Fax (207) 582-5637. E-mail ejp@ejprescott.com. SEE CONDITIONS OF SALE AND PAYMENT TERMS ON REVERSE Pipeline SpeClOIist$ Everett J.Prescott Inc. PAGE No :i 1 32 Prescott Street P.O.Box 600 • 5121586 iElp, Gardiner,Me,04345.0600 INVOICE'DATE•` 8/03/16 PACKING SLIP NO 5121586 Everett J.Prescott,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 ---CUSTOMER-PO.NO;——=JOB-NAME--' - JOB-NO_ `SLS. _. DAT.E_DUE. _DATE SHIP_P_ED_._._... .___SHIP-P_ING'METHOD JERRY STOCK I 1 108 9/02/16 1 8/03/16 1 Our Truck LINE -•rt 1 56556 F 8X7.5 FLS1 REP CLAMP 899939 EA 1 66.69 66.69 2 56608 F 8X12 FLS1 REP CLAMP 899939 EA 1 106.93 106.93 RECEIVE YOUR INVOICES FASTERII PLEASE CONTACT YOUR THANK YOU AMOT:> 173 .62 LOCAL OFFICE FOR FAX OR E-MAIL OPTIONS-GO GREENI FOR YOUR BUSINESS! TAX ;'^ .00 PLEASE NOTE: OUR TERMS FRE127,1.,,,­'F.'_ .00 ARE NET 30 DAYS.YOUIR 00 SERVICE CHARGE IS 1 1/2%PER MONTH(18%A.P.R.)ON THE BALANCE OVER 30 DAYS OF AGE.THE HELP IS NEEDED AND • BUYER AGREES TO PAY ALL COSTS AND EXPENSES OF COLLECTION,INCLUDING REASONABLE ATTORNEY'S FEES,AND EJP CLAIMS A MECHANICS'S LIEN UNDER APPLICABLE STATE LAW. APPRECIATED. 173.62 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. •'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'tile 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. II'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 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 I% % 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 E,1P 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 E.lP as a result of cancellations or order changes will be billed to the Buver. • Delivery: E.IP will make a good faith effort to complete delivery of the products; provided, however, that E.IP assumes no responsibility or liability for loss or damage dui;to delay or inability to deliver, iI'Such non-performance 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 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 pipet 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 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 surlaces 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 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, nonconformance or rejection of such products. After such 10 day period. Buyer shall be deemed to have irrevocably accepted the products, it not previously accepted. After such acceptance, Buyer shall have no right to reject the products for any reason or to revoke acceptance. Buyer hereby agrees that such 10 day period is a reasonable amount Of'time for such inspection and revocation. • Returns: Materials cannot be returned without DIP'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 WORK MANS 1-1113 OR MATERIAL WILL BE THE REPLACEMENT OF THE ITEMS SUBJECT TO THE MANUFACTURER'S INSPECTIONS AND WARRANTY. All other returned material is subject to a MINIMUM 25% R.E-FIANDL LNG 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.111 Credit Department. • Warranty: THE BUYER'S SOLI; AND EXCLUSIVE WARRANTY, If ANY. IS THAT PROVIDED BY THE PRODUCT'S MANUFACTURER. EJP MAK13S 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 AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES, AND iN NO EVEN-T. 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 OF TIME PRODUCTS SOLD BY E.IP. BUYER ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, AND IN NO EVENT. SHALL E.IP'S LIABILITY. 1F ANY, EXCEED THE NET SALES PRICE OF THE DEFECTIVE PRODUCT(S). • Entire Agreement: This document constitutes the entire, complete, and exclusive agreement between the parties 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 in EJP quotation shall be deemed issued subject to all EJP teens 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: EJ. 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. Box 600. Gardiner, Maine 04345. Telephone(207)582-1851. Fax (207) 582-5637. E-mail ejp@ye ejprescott.com. SEE CONDITIONS OF SALE AND PAYMENT TERMS ON REVERSE Pipeline Specialists Everett J.Prescott Inc.113pt PAGE NOt 32 Prescott Street P.O. Box 600 5115872 Gardiner,Me,04345.0600 INVOICE DATE; 7/29/16 PACKING SLIPN.Q 5115872 Everett J.Prescott Inc. CUISTOMtR-NO.i 4755 11 WAREHOUSE+` 2201 REMIT TEAM EJP W. Indianapolis WAREHOUSE> TEAM EJP W. Indianapolis ORIGINAL INVOICE TO> E.J. PRESCOTT INC. 8309 W. Washington St. P.O. BOX 350002 BOSTON, MA Indianapolis, IN 46231 02241-0502 Telephone: 317-247-0005 SOLD TO> SHIP TO> CITY OF CARMEL UTILITIES CITY OF CARMEL UTILITIES 3450 W. 131st Street 3450 W. 131st Street Carmel, IN attn Jerry 46074 Carmel, IN 46074 __.___CUST_OMER_P_.O=NO ._JOBNAME__:._._:LOB NO.:f[ :SLS._ ' . DATE-DUE `..DATE_SHIPEED_ _ '.__`.: __ r _ SHIPPING METHOD _ SMITTY STOCK I 1 108 8/28/16 1 7/22/16 1 Direct Prepay/Add PRODUCT r 1 /NON01855036 3 METER BOX KEY 36" KEY-4-36 EA 3 72.00 216.00 RECEIVE YOUR INVOICES FASTERII PLEASE CONTACT YOUR THANK YOU AMOUNT!,'s"';'t 216.00 LOCAL OFFICE FOR FAX OR E-MAIL OPTIONS-GO GREENI FOR YOUR BUSINESSI TAX .00 PLEASE NOTE: OUR TERMS FREIGHT' 7.28 ARE NET 30 DAYS.YOUR 'i .00 SERVICE CHARGE IS 11/2%PER MONTH(18%A.P.R.)ON THE BALANCE OVER 30 DAYS OF AGE.THE HELP IS NEEDED AND • BUYER AGREES TO PAY ALL COSTS AND EXPENSES OF COLLECTION,INCLUDING REASONABLE ATTORNEY'S FEES,AND EJP CLAIMS A MECHANICS'S LIEN UNDER APPLICABLE STATE LAW. APPRECIATED. 223 .28 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. 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 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 1'/z % 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 UP Credit Department. • Cancellations: SP.ECi.AL 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, if such non-performance 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 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 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 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 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, 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 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 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 25% RE-HANDLING 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, 1S THAT PROVIDED BY THE PRODUCT'S MANUFACTURER. EJP INTAKES 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 AND FITNESS OR FITNESS FOR A PAR'T'ICULAR .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 OF THE PRODUCTS SOLD BY EJP. 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 Agreement: This document constitutes the entire. complete, and exclusive agreement betwveen 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 EJP. 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, NIA 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@)cjprescott.com. Pipeline Specialists EVERETT J.PRESCOTT,INC. HOME OFFICE PEP SEE CONDITIONS OF SALE AND PAI32 PRESCOTT STREET ^porta°°^ PAYMENT TERMS ON REVERSE. P.O.BOX 600 METER&BACKFLOW SERVICES • GARDINER,MAINE04345 210 SHEEP DAVID ROAD,CONCORD,.NH 03301 P.O.Box 600 Everett J.Prescott,Inc, TELEPHONE(207)582-1851 Gardiner,ME 04345 r. ORDER 603 224-8425 FAX 603 224-3842 207 582-501.9 FAX 207 582-9118 ` ' I'�'t'""" �-e • '�.�' s A r ',.� �" !�('• .a.i f�.�?s�L?�:. �.?4',` 1_ :4 .w. t,' � ;;d t`-" .d „! .0 I 1 x:17 i •-�q \.^'�v,'C.., ' ; )rf ,q``l ANG, .illi') ,,I in�,,.4._t„31P r .�.a;( � � ,._ �• • r � frinf`Af J its } {!l fry i`_ v �• iiiiiiiij All rIf{) 17 ,,x t�1'.,. h,r�1 F'!�.",�h;.% a ,��. ry,l:tiy. CUSTOMER • WAREHOUSE f:. CUSTOMER COPY • 1-I T'T OF CARMEL UT F.t1.LT 1 ES —1 .1. y :..1L. C',.' n1 ,1 "armel 11%, INT 6C!?7(1, 4613342, c f id 317 733 205 CUSTOMER P.O.NUMBER, JOB NAME JOB NO. SLSSALES PROMISE DATE I SHIPPING METHOD r (18 (,:G 8/02/16 DUP. TRUCK !fad PRODUCTO I DESCRIPTION •' • UNIT PRICEInk • 6X7 . 5 FLS! REP CLAMP 634724�'- p, r A' Q PREPAID • SHIPPED VIAP OUR TERMS ARE NET 30 DAYS. AMQLINT ALL SALES ARE SUBJECT TO THE AX • COLLECT TERMS AND CONDITIONS OF SALE FREIGHT PICK UP t,d}rri'4 ON THE REVERSE SIDE ILL CLAIMS FOR SHORTAGES,DAMAGES,AND ERRORS IN THIS SHIPMENT MUST BEMADE IMMEDIATELY AND NOTED HEREON OR RECEIVED BY' DATE RECEIVED VE WILL NOT ASSUME ANY RESPONSIBILITY FOR SAME.IF DELIVERY WAS MADE BY COMMON CARRIER,CLAIMS MUST BE FILED ✓ '^ VITH THE CARRIER UPON RECEIPT OF GOODS.NO MERCHANDISE WILL BE ACCEPTED FOR RETURN.OR ADJUSTMENT UNLESS I iw VRITTEN.AUTHORIZATION IS ISSUED.PRICES SUBJECT TO CHANGE WITHOUT NOTICE.A SERVICE CHARGE WILL BE CHARGED ON J°'•` }�. ''""`•� ..”-')” ) ' X 'AST DUE BALANCES, 0 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 atttliorized management personnel of EJP. •Taxes:Prices do not,include ally 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 demand. •Payment'Perms;EJP Open Credit accounts are established for commercial.nori-consumer use only. Unless an approved commercial Open Credit account is established.payment in good finds or approved check must be made before or at time of delivery.Coniniacial 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.SER- VICE CHARGE IS b4%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 ATTORN'EY'S FEES,and EJP claims a mechanic's lien under applicable state law. •Acceptance by.E.M. All orders from the Buyer are subject to acceptance by authorized personnel of EJP,and,in the.case of Oben 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 PRODUCTfON.All charges and costs incurred by E.IP as a result of cancellations or order changes will be billed to the Buyer. •Delivery:EJP will make a gond faith effort to complete delivery of the products;provided,however,that EJP assumes no responsibility or liability for loss or damage due to delay,or inability to deliver,if such non-performance was the result of arty events or circumstances beyond the control of EJP.includ- ing,but riot limited to,acts of God,war;Labor difficulties,fire,accidents,inability to obtain materials, and delays of carriers,contractors.suppliers,or manufacturers.Linder 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 o1.'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 carridr.The„cost of any special packing or special handling caused by Bayer'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 Brayer 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,dam- age or towing charges resulting from"non hard surface deliveries"shall be the responsibility of the Buyer. •Inspection and Acceptance:Claims for daluage,shortage or errors in shipping must be reported within 10(lays followingdelivery 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 shallbe.deemed to[rave irrevocably accepted the prod- nets,if not,previously accepted.After such acceptance,Buyer shall have no right to reject the products for any reason or torevoke 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 EJP'S written consent.NO RETURNS ARE ALLOWED AND NO REFUNDS WILL BE MADE ON (i)PIPE OR([i)SPECIALLY FABRICATED OR ORDERED.ITEMS.T HE SOLE AND EXCLUSIVEL REMEDY FOR SUCH ITEMS ALLEGED TO BE DEFECTIVE IN WORKMANSHIP OR MATE,RJA.LWILL BETHE REPLACEMENT OF THE ITEMS SUBJECTTO THE MANUFACTURER'S INSPF..C- TION AND WARRAN'T'Y.All other returned material is subject to a MINI.MUM 25 Ve 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 SOLEAND EXCLUSIVE WARRANTY,IFANY,IS'I'HArPI20VIDED BY'I'HE PitODC;C'I"S MANUFACTURER.EJP MAKES NO EXPRESS OR :IMPLIED WARRANTIES.EJP HEREBY DISCLAIMS ALL EXPRESS OR I:IIPLIF.,D 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 CIRC UMSTANC,ES,AND IN NO EVENT. WILL.EJP BF.I.AABLE FOR PERSONAL INJURY OR-PROPERTY.DAMAGE OR ANY OTHER LOSS,DAMAGE„COST OR REPAIRS OR INCI- DEN"I`AL,I'UNl'I"fyrL,SPECIAL,CONSEQUENTIAL,OR LICjI7IDA1'ED DAMAGES OF ANY KIND,WIIE7FI R:BASED UPON WARRANTY, CONTRACT; STRICT I.AAB.ILITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING.IN CONNECTION WITH THE DESIGN, MANUF'ACPLiRE,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 I;IABILITY,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 agreements and conditions of sale;no course of dealing or usage of tfie trade shall be applicable unless expressly incorporated here- in.'I'he terms and.conditions contained herein may not be added to, rtodified,superseded or otherwise altered except by a written modification signed by authorized management personnel of F..JR All transactions shall be governed solely by the germs and conditions contained herein.All purchase orders issued pursuant to an EJP quotation shall be deemed issued subject to all EJP terins 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 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 EJP Division.The Horne Office address is 32.Prescott Street,P.O.Box 600,Gardiner,Maine 04345.Telephone (207)582-185`1.Fax(207)582-5637.E-mail ejp@ejprescott.com. F,JP T&C-Revision tato 4,09 Manufacturer of Quality Products for Water Distribution Systems Packing List I The Ford Meter Box Company, Inc. Page 1 of 1 775 Manchester Avenue, P.O.Box 443 Wabash, Indiana USA 46992-0398 Date 7/22/2016 Phone(260)563-3171 /Fax(800)826-3487 Shipment# 4100665 Shipment Facility Wabash, IN Charge Freight Sold To:14551 Ship To: Everett J. Prescott, Inc. City of Carmel Utilities P.O. Box 600 3450 W 131 st Stre Gardiner ME 04345 Attn Jerry ' Carmel IN 46074 Line Item Number Description Qty. Qty. Qty. Qty. Qty.Prior UOM Ordered Shipped Backorder Canceled Ship 1.00 KEY-4-36 NO.4 KEY 36"LONG 3 3 EA Please verify the piece count of this delivepy along with any visual damage and note any discrepancy on the Pack List. Should you discover any concealed damage or product discrepancy within 10 days of delivery,please notify your Ford customer Service Representative at 260-563-3171. Customer PO 1717647 Ford Order Number 1571623 =-3-7 Rev.4 3/08 Pipeline Specialists EVERETT J.PRESCOTT,INC. TZZM LL= HOME OFFICE EP SEE CONDITIONS OF SALE AND �� 32 PRESCOTT STREET p,rtit1— PAYMENT TERMS ON REVERSE. P.O.BOX 600 METER&BACKFLOW SERVICES • GARDINER,MAINE 04345210 SHEEP DAVID ROAD,CONCORD,NH 03301 P,O.Box 600 . , . TELEPHONE 207 582-1851 Gardiner,ME 04345 Everett JPrescott Inc (603f 224-8425 FAX(603J 224-3842 (207)582-5019 FAX(207)582-9118 'f C T111 71 1 l4-� ,�''.1T� ..«•.1-I.a _. wry.,jl.e`ii�. 3. .� ,.etT. ',l �� "( ._1`t,�'.��,°.."l ,i.. w C PAYMENT y.ij'`a?d`l ii �• •• ; . -;!,I��.!6„11�� +'' !.r t�.�; t na rs.,.J � ., �_.I•�^. • ',r t^f r. G� 54 12 'j CUSTOMER COPY• • SPECIAL INSTRUCTIONS • "17'Y' C)IF CP':,'—Rt'ME:L L✓Irr V11�..t.f.t .Q..L 1 ��.1. t. S� P..)! U-1 LP"t-'i..:.' 1J, ;`T. .-�'/�:S<� S'"•�. [ ..�t,_(�S�._,�o. Street .S=�.J(v, \1' A�•)_ '. f. ,J L.1�X.'�..c t r J�HIONr FAX 317 '733 20"i3 CUSTOMER P.O.NUMBER JOB NAME JOB NO. SLS SALES PROMISE DATE SHIPPING METHOD 7F'R F,v T I _,? R PRODUCT NO.I DESCRIPTION UNIT PRICE 5r lCl)" 8X 3 1 Y 71 5 1 IR L C- C laln`.A't I." 899939 `.j F 0 I ❑ PREPAID • : OUR TERMS ARE NET 30 DAYS. AMOUNT ALL SALES ARE SUBJECT TO THE ❑ COLLECT TERMS AND CONDITIONS OF SALE TAX ❑ 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 ( DATE RECEIVED WE WILL NOT ASSUME ANY RESPONSIBILITY FOR SAME.IF DELIVERY WAS MADE BY COMMON CARRIER,CLAIMS MUST BE FILED - r,;,1 �.• �"1'.+ „. `s T"• •} WITH THE CARRIER UPON RECEIPT OF GOODS.NO MERCHANDISE WILL BE ACCEPTED FOR RETURN OR ADJUSTMENT UNLESS V WRITTEN AUTHORIZATION IS ISSUED.PRICES SUBJECT TO CHANGE WITHOUT NOTICE.A SERVICE CHARGE WILL BE CHARGED ON F 7 f I ,r J% (�..' A 'f/ 1TOTAL X' Jl,i _ J , PAST DUE BALANGES. '� l =?';•" 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 EJR •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 tilt;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 demand. •Payment'Terms: EJP Open Credit accounts are established for commercial. nom-consumer use only. Unless an approved commercial Open Credit account is established,payment in good fiords 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.SER- VICE CHARGE IS I Yh%PER MONTH(18%u A.P.R.)ON THE BALANCE OVER 30 DAYS OF AGE.THE BUYER AGREES TO PAY ALL COSTS AND EXPENSES OF COLLECTION,INCLLUDING REASONABLE ATTORNEY'S FEES,and EJP clairns a mechanic's lien under applicable state laws. • Acceptance by EJP: All orders from the Buyer are subject to acceptance by authorized personnel of F,JP, 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)IS PLACED INTO PRODUCTION All charges and costs incurred by EJP as a result of cancellations or order changes will be billed to(lie 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 non-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 ships or delivers tine 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 tine carrier,as E.1P's responsibility ceases upon tender of goods to Buyer,Buyer',,,representative or common carrier.Delivery will be made on hard surfaces only.Any dam- 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 repotted 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,nonconformance or rejection of such products.After'such 10 day period,Buyer shall be deenned to have irrevocably accepted the pro(I- 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 10 day period is a reasonaile 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 THE ITEMS SUBJECT TO THE MANUFACTURER'S INSPEC- TiON AND WARRANTY.All other returned material is subject to a MINIMUM 25%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, •Warrant.,, IIIEBUYER'SSOLEANDEXCLUSIVEWARRANTY,IFANY,ISTHAFPROVIDEDBYTHEPRC)L)LiC`I''S'MANLIFACTUIZER.EJP MAKES .NO EXPRESS OR IMPLIED WARRANTIES. EJP HEREBY DISCLAIMS ALL,EXPRESS OR IMPLIED WARRANTIES,WHETHER. IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WI'T'HOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND 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 1NC[- DENTAL,PUNITIVE,SPECIAL,CONSEQUENTIAL,OR LIQUIDATED DAMAGES OF ANY KIND,WHETHER BASED UPON WARRANTY, CONTRACT, STRICT L.;I:ABIL.ITY, NEGIIG.ENCE OR ANY OTHER CAUSE,OF ACTION ARISING .IN CONNECTION WITH THE DESIGN;' MANUFACTURE,SALE,'['RANSPOI;ZT TfON,INSTALLATION.OR REPAIR OF THE PRODUC'T'S SOLD BY EJP.BUYER ACKNOWLEDGES AND AGREES THAT UNDER .NO CIRCUMSTANCES,AND IN NO EVENT, SHALL EJP'S LIABILITY,IF ANY,.EXCEED THE NET SALES PRICE OFTHE 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 agreements and conditions of sale:no course of dealing or usage of the trade shall be applicable unless expressly incorporated here- in.T'he terms and conditions contained herein rnav not be added to,modified,superseded or otherwise altered except by a written modification signed by authorized nnanagement personnel of F..JP..All transactions shall be governed solely by the terms and conditions contained Herein.All purchase orders issued pursuant to an EJP quotation shall be deemed issued subject to all EJP terns and conditions herein contained.These ternns 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 FJP 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 TSC•Revision Date 4109 VOUCHER # 162293 WARRANT# ALLOWED 88550 IN SUM OF $ E.J. Prescott, Inc. P.O. Box 3500.02 Boston, MA 02241-0002 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO# INV# ACCT# AMOUNT Audit Trail Code 5118194 01-6200-06 46.00, f .(O() 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 8/5/2016 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 8/5/2016 5118194 46.00 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 5118762 P, Gardiner,Me.04345.0600 INVOICE DATE;; 7/28/16 PACKING SLIP NO: 5118762 Everett J.Prescott,Inc. GUSTOMER'NO:!. 47551 '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 CUSTOMER-P.O-NOJOB--NAME; ---�--JOB-N0. -SL-S--:=DATE-DISE—.,.DATE-SHIPPED�- :-- SH4P-PIN(3,METHOD-- `- 7/27/16 STOCK 1 3.0818/27/16 1 7/28/16 1 Our Truck PRODUCT—NUMBER 1 46135B 3/4X300 BLUE CTS TUBE 200 FT 300 0.23 69.00 2 46160B 1X300 BLUE CTS TUBE 200 FT 300 0.41 123 .00 ANT RECEIVE YOUR INVOICES FASTER!!PLEASE CONTACT YOUR THANK YOU MOU192.00 LOCAL OFFICE FOR FAX OR E-MAIL OPTIONS-GO GREENI FOR YOUR BUSINESSI TAX .00 PLEASE NOTE: OUR TERMS FREIGHT .00 ARE NET 30 DAYS.YOUR . .00 SERVICE CHARGE IS 1 12%PER MONTH(18%A.P.R.)ON THE BALANCE OVER 30 DAYS OF AGE.THE BUYER AGREES TO ALL D COSTS IENPLBLE HELP IS NEEDED AND ATTOREY'S FE%ANEJP CLA AMECHANICS'S LUNDER APPLICABLE STATE LAW • 192.00 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. 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 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 1'/z % 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 EJP as a result of cancellations or order changes will be billed to the Buyer. • Delivery: EJP will make a good faith effort to complete delivery of the products; provided, however, that EJP assumes no responsibility or liability for loss or damage clue to delay or inability to deliver, if such non-performance 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 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 ,vritirig. 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 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 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 products, if not previously accepted. After such acceptance. Buyer shall have no right to reject the products for any reason or to revoke acceptance. Buyer hereby agrees that such 10 day period is a reasonable amount of time for such inspection and revocation. • Returns: 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 MININIUM 25% RE-HANDLING 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 MAKES NO EXPRESS OR IMPLIED WARRANTIES. EJP FEREBY 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 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 OF THE PRODUCTS SOLD BY EJP. 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 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 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. 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 EJP Division. The Home Ol'lice address is 32 Prescott Street,P.O. Box 600, Gardiner, Maine 04345.Telephone(207) 582-1851. Fax(207) 582-5637. E-mail ejp(a;ejprescott.com. SEE CONDITIONS OF SALE AND PAYMENT TERMS ON REVERSE Pipeline Specialists Everett J.Prescott Inc. ioid AGENO.;I,;�; 1 32 Prescott Street P.O.Box 600 5116488 El P, Gardiner,Me.04345.0600 IE DATE': 7/22/16 PA0K!NG SLIP N6 5116488 Everett J.PfeSCOtt,Ino. CUSTOMER NO„ 4755 *I REHOUSE; 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.O.-NO:-- —JOB-NAME----=.=JOB-NO ' =SLS,- DATE-OUE nATE.SHIPPED_—,_`_. --:__.SHIP_PING.METHOD 7/22/16 -JERRY ISTOCK 108 8/21/16 1 7/22/16 1 Our Truck PRODUCTLINE x - JOUANTITY I UNIT PRICE 1 46020 3/4X60 K COPPER TUBE FT 60 3 .11 186.60 RECEIVE YOUR INVOICES FASTERII PLEASE CONTACT YOUR THANK YOU AMOUNT [ 186.60 LOCAL OFFICE FOR FAX OR E-MAIL OPTIONS-GO GREENI FOR YOUR BUSINESS! TAX 00 PLEASE NOTE: OUR TERMS FREIGHT+;'s,' - 00 ARE NET 30 DAYS.YOUR ` - 00 SERVICE CHARGE IS 1%PER MONTH(18 SONA%A.P.RTS AND $)ON THE BALANCE OVER 30 DAYS OF ADE.THE HELP IS NEEDED ANDBUYER AGREES TO PAY ALL • ATTORNEY'S FEES,AND EJP CLLAIMS A ME HW ANICS'S LIEN UNDER APbLICABLE STAOF COLLECTION INCLUDING TE LAW, 186.60 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. 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 demand. • Payment Terms: EJP Open Credit accounts are established for commercial, non-conswmer 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 11i2 % 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 EJP as a result of cancellations or order chances 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 non-performance 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 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 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 it'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. 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 10 clays following delivery to Buyer. Buyer shall have 10 clays from the date Buyer receives any products to inspect such products and services for defects and nonconformance and notify EJP, in writing, of any defects, nonconformance or rejection of such products. Atter such 10 day period. Buyer shall be deemed to have irrevocably accepted the products, if not previously accepted. After such acceptance. Buyer shall have no right to reject the products for any reason or to revoke acceptance. Buyer hereby agrees that such 10 day period is a reasonable amount of time for such inspection and revocation. • Returns: 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 THE ITEMS SUBJECT TO THE MANUFACTURER'S INSPECTION AND WARRANTY. All other returned material is siAiect to a MINIMUM 25% RE-HANDLING 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 MAKES NO EXPRESS OR IMPLiED WARRANTIES. EJP HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTiES, WHETHER IiVIPLiED BY OPERATION OF LAW OR OTHERWISE-, INCLUDING, WITHOUT L1MiTATLON, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND 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 OF Ti-iE PRODUCTS SOLD BY EJP. 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 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<areements 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, NIA 02241-0502.All other correspondence and inquiries should be directed to your local EJP Division. The Home Office address is 32 Prescott Sheet, 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 Pipellne Specialists Everett J.Prescott Inc. n 1 32 Prescott Street P.O.Box 600 5118194 P, Gardiner,Me,04345.0600 7/26/16 5118194 EVerettJ.PrescotlInc. 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 Tele2hone: 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 C(JSTOMER P.OrNO. = - =JOB NAME -JOB NO: 'SLS.- —DATE-DUE•-=-DATE-SHIPPED- =- SHIP-P_ING:METHOD_ JERRY STOCK 11081 8/25/16 1 7/26/16 1 Our Truck • r 1 46130B 3/4X100 BLUE CTS TUBE 200 FT 200 0.23 46.00 RECEIVE YOUR INVOICES FASTERII PLEASE CONTACT YOUR THANK YOU AMOUNT": •; ' 46.00 LOCAL OFFICE FOR FAX OR E-MAIL OPTIONS-GO GREENI FOR YOUR BUSINESS! TAX00 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 ISNEEDED AND • BUYER AGREES TO PAY ALL COSTS AND EXPENSES OF COLLECTION,INCLUDING REASONABLE 46.00 ATTORNEY'S FEES,AND EJP CLAIMS A MECHANICS'S LIEN UNDER APPLICABLE STATE LAW. APPRECIATED. The Prescott Companies Everett J. Prescott, Inc. (EJP) Terms and Conditions of Sale • Prices: All prices are subject to change without notice, except where firm quotations have been provided in writing by authorized management personnel of EJP. •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 ftrll 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 I''/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 lave. •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 Deparhnent. • 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 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 non-performance 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, sulapliers, 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 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 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 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, 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 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. • iSeturns: Materials cannot be returned vvithout EJ1P'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 MiNI-MUM 25% REHANDLING 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 MANUFAC=TURER. EJP MAKES NO EXPRESS OR IMPLIED WARRANTIES. EJP HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, WHETHER IMPLIED BY O=PERATION 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 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 OF THE PRODUCTS SOLD BY EJP. BUYER ACKNOWLEDGES AND AGREES Ti-lAT UNDER NO CiRCUMSTANCES, AND IN NO EVENT. SHALL EJP'S LIABILI=TY, IF ANY, EXCEE=D 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 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. 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 lave 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 EJP Division.The Home Office address is 32 Prescott Sheet,P.O. Box 600, Gardiner, Maine 04345.Telephone(207)X82-1851. Fax(207)582-5637. E-mail ejp @ejprescott.com. Pipeline Specialists EVERETT J.PRESCOTT,INC. z�7077 "2111077 WM HOME OFFICE � PEP ' SEE CONDITIONS OF SALE AND P � 32 PRESCOTT STREET PAYMENT TERMS ON REVERSE. tj RO.BOX 600 METER&BACKFLOW SERVICES • GARDINER,MAINE 04345 L6a,�,�e,�,'ME ox 0 210 SHEEP DAVID ROAD,CONCORD,NH 03301 04345Everett J.Prescott,Inc. TELEPHONE{207 582-1851l (603J 224-8425 FAX(603J 224-3842 8 -5019 FAX(207)582-9118 •,,D•f•a'.,� ;t�•1 of N • r q 1 t l/I. i "! a t, a ,' .. i... • • �/' I. n '.' - CUSTOMER COPY • SPECIAL INSTRUCTIONS 17, t't 9;i j CUSTOMER'P.O.'NUMBE'R JOB NAME JOB NO. SLS SALES PROMISE DATE SHIPPING METHOD PRODUCT NO. DESCRIPTION 0 UNIT PRICE ij f I i 0 ;PREPAID • ® SHIPPED - = OUR TERMS ARE NET 30,DAYS. AMOUNT ` ❑ COLLECT _ ALL SALES ARE SUBJECT TO THE TAX TERMS AND CONDITIONS OF SALE FREIGHT ❑ 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 CHFlflGED ON X a 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 EFP. • Taxes i 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 specific stated.It is the resptntsibility of the Buyer to pay all such taxes.Taxes where applicable may be retried to trig price of the products and shall bepaid by the Buyer,unless the Buyer furnishes to F.JP 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 demand. • Payment Terms: EJP Open Credit accounts are established for commercial.non-consumer use only. Unless an approved commercial Open Credit account is established,payment in good funds or approved check must be made before or at time of delivery.Commercial Credit terms are Net 30 days, no cash discounts allowed.Service Charges commence after 30 days and are calculated on the last clay of the month in which the 30th clay falls.SER- VICE CHARGE IS Ihi'c PEI2 MONTH(IMK,A.P.R.)ON Tl 1E BALANCE OVER 30 DAYS OF AGE.THE BUYER AGREES TO PAY ALL COST'S AND EXPENSES OF COLLECTION,ISC:LIJDiNG REASONABLE ATTORNEY'S FEES,and EJP claims a mechanic's lien under applicable state law. •.Acceptance by KIP: All orders from the Buyer are subject: to acceptance by authorized personnel of FIR and,in the case of.Open Account.Sales, approval of the EJP Credit Department. 1 1 •Cancellations:SPECIAL OR NON-STOCK ITEMS MAY NOT BE CANCELLED OR RETURNED AFTER TETE PRODUCT(S)IS PLACED 1NTb PRODUCTION.All charges anti costs ir"Ur-ed by EJP as a result of rurecllations or order chanies 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 non-performance was the result of any events or circumstances beyond the control of E.1 R 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 circurrrstances 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 belay. •Shipment:Shipment of all products is tri 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 cornnion carrier.The cost of any special packim or special handling caused by Buyer's requirements or requests shall be added to the amount of the order.If Buyer causes or requests a shipment delay;or if EJP ships or delivers the products erroneously as a result of inaccurate,incomplete or misleading information supplied by Buyer or its agents or employees,storage and all other additional costs incl 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 colnunon carrier.I)clivery will be rnade ore 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 fvrdarnage.shortage or errors in shipping must be reported within 10 days following delivery t0 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 he(teemed to have irrevocably accepted the prod- uctsif not"previously accepted.After such accaplance,Buyer shall Ervc no right to reject the product,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 t�,ithout EJP'S written consent.NO RETURNS ARE ALLOWED AND NO REFUNDS WILL BE MADE ON (i)PIPE OR(ii)SPECIALLY FABRIC.-441D OR ORDERED I I ENIS.TILE SOLE AND EXCLUSIVE REMEDY FOR SUCH ITEMS ALLEGED TO BE DEFECTIVE IN WORKMANSHIPOR M,f%TERIAL WILL.,BF.,THE REPLACEMENT OFTHE ITEMS SUBJECTTO THE MANUI-ACTURER'S INSPI.C'- TION AND WARRANTY.All other returned material is subject to a MINIMUM 25%RE-HANDLING CHARGE,plus transportation charges.Unless other- wise agreed by the Buyer arra EJP all credit for returned material will be applied to future orders,subject to approval by the EJP Credit Department. •Warrarntv:THE BUY'ER'S SOLE ANDiEXCLUSI4E W7Y12ItAN`I'Y,II'ANY,ISTHAT PROVIDED BYTHE PI2UDl CI"S MANUFACTURER.E.11' MAKES N10 EXPRESS OR IMPLIED 1 T'WARRANTIES, EJP F-IF,REBY DISCLAIMS AI I.., EXPRESS OR INIPIAED WARRANTIES. WHETHER IMPLIED BY OPERATION Of LAW OR OTI-IERWISE, INCLUDING, WITHOULIMITAI'ION, 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 INC[- DEN'I'AL,PU;NfTI.VE,SPECIAL,CONSEQUENTIAL,OR LIQUIDAafED DARrIAGES OF ANY KIND.WHETHER BASED UPON WARRANTY, CONTRACT, STRICT LIABILITY, NE(fLIGENCE OR ANY OTHFk CAUSE, OF ACTION ARISING IN CONNECTION WITH THE DESIGN, MANUFACTURE,SALE."TRANSPOI2IXrION.INSTALL,\TION.OR REPAIR OF THE PRODUCTS SOLD BY EJP.BUYER ACKNOWLEDGES AND AGREES THAT UNDER NO CIRfFUMSTANCES,AND IN 1,10 EVENT. SHALL EJP'S LIABILITY. IF ANY. EXCEED THE NET SALES PRICE OF TIME DEFECTIVE PRODUC(S). •Entire Agreement:This document const6tutes the entire,complete,and exclusive agreement between tide parties with respect to the subject matter here.- of and contains allthe agreemenis-and con litions of'sale:no crnn;se o'dealing or usage of fire trade shali,be applicable unless expressly incorporited here- in.The tenns and conditions contained het Yin!nay not be added to,modified,superseded,or otherwise altered except by a written modification signed by authorized management personnel of EIP.All transactions shat! no ovc.ted solely by the tents and conditions contained herein.All purchase enders issued pursuant to an EJP quotation shall ae deemed issued subject to n11 EJP terms and Conditions hoi&ein contained.These terns and conditions shall supersede those;of the.Buyer: Cloverning Law:`Ihtt traisacuon shall I e governed iu a 'lest ors b t11 sX,;S r of M tune(excluding choice of law provisions).All actions, regtrdleSIS of form,arising out of or in cot rection with this Irails rc irn� i �r,t, uf*sold by l l.or the relationship between the Buyer and EJP shall be brought in tlx coutl's'of !Cie Slate of Maine withinthe applic rbSt Cotninmtications:payments only shotrl be directed to:E.J. Pt I rr ^,0 'Box 350002,Boston,MA 02241-0502.All other'conespondence and inquiries shoult3 be directed to your local .JP Division.The Home OI ice)address is 32 Prescott Street,P.O.Box 600,Gardiner.Maine 04345.Telephone (207)582-18:x1.Fax(207)59.1-5637.E-mail eJp@(�Iprescoit.con. EJP T&e-Revision Date 4109 Pipeline Specialists EVERETT J.PRESCOTT,INC. TcAi� HOME OFFICE PEP SEE CONDITIONS OF SALE AND 1E] �� 32 PRESCOTT STREEThm PAYMENT TERMS ON REVERSE. P.O.BOX 600 • GARDINER,MAINE 04345 METER&BACKFLOW SERVICES P0.Box 600 210 SHEEP DAVID ROAD,CONCORD,NH 03301 Gardiner,ME 04345 'ry!a,lu,;;� U.��L?sem•-? Everett J.Prescott,Inc. TELEPHONE(207)582-1851 (603J 224-8425 FAX(603J 224-3842 (207)5825079 FAX(207)582-9178 -•�-,.r -i'�r`a,'i:i'-: i z•, l., I i `;r .. .. _t-fii., }I.. 1. .-. i ti.. it r ...1: i..l .! C?t.tx i:k�.:.•.'f�t.,•� _ 7 A .';i"'.'I 1 . s't:ilr�ta}iI _i k: �• • r , t `nt so 7/22/16 1. .7.,...x )a; 3 • • n(hI Pr, CUSTOMER CQP-y- SPECIAL INSTRUCTIONS • C7�,:'Y :_I i' I:s,rtl?��;>i:,L UT.I•.L.l.` IE' .'i; ` J ;'.' (•:l:`I .,f_a I)"' l 13 1 s 1-, 5'i.X-v i ':c!'ti ',`l �.a 1 F'C. ._ c 4v I IN =' 111.. ±. A- '$ � x.14 t: 3� J ? 20.''Sa CUSTOMER P.O.NUMBER JOB NAME JOB NO. SLS SALES PROMISE DATE SHIPPING METHOD 7/`''2;"1 G j):-R..Y 3".I.'a -CK 1. el p 7129/IE, 'UR TRUCE 220 PRODUCT NO. DESCRIPTION 0 UNIT PRICE 5IJ ti�•`c1i ;�� ie COPIPEf "U"B <� a / d�!il 21 767 ❑ PREPAID • IPPED VIA OUR TERMS ARE NET 30 DABS:-'-'AMOUNT SALES ARE SUJECT TO THE ❑ COLLECT TERMS AND CONDITIONS OF SALE TAX ❑ PICKUP ;}T,- 7 7 ON THE REVERSE SIDE FREIGHT 1:; , ALL CLAIMS FOR SHORTAGES,DAMAGES,AND ERRORS IN THIS SHIPMENT MUST BE MADE IMMEDIATELY AND NOTED HEREON Ofl RECEIVED BY DATE RECEIVED WE WILL NOT ASSUME ANY RESPONSIBILITY FOR SAME.IF DELIVERY WAS MADE BY COMMON CARRIER,CLAIMS MUST BE FILED "I°!li}j r�•�+`r (F)t ;�"r; 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 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 demand. •Payment Terms: EJP Open Credit accounts are established for commercial.non-consu ner 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 die 30th day falls.SER- VICE CHARGE IS I/%PER MONTH(18%A212.)ON TI IE BALANCE OVER 30 DAYS OF,AGE.THE BUYER AGREES TO PAY ALL COS'T'S AND EXPENSES OF COLLECTION,INCLUDING REASON,AB.LE AT`T(.)RNEY'S'FEES,and EJP claims a mechanic's lien under applicable state law. •Acceptance by KIP: All orders from the Boyer are subject to acceptance by authorized personnel of EJP.and,in the case or Open Account:Saks., approval of the EJP Credit Department. •Cancellations:SPECIAL OR NON-STOCK.ITEMS MAY NOT BE CANCELLED OR RETURNED AFTER T.FIE.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 non-performance was the resultof 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 ships or delivers the products erroneously ms a result of inaccurate,incomplete or misleading information supplied b Buyer or its agents or employees,storage and all other P y'z." P " o pP }'. Y �., .' additionalcosts 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 haul surfaces only.Any dam- 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 10[lays 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.Alter such 10 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 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 BF,THE REPLACEMENT OF THE ITEMS S UBJECT TO THE MANUFACTURER'S INSPEC- TION AND WARRANTY.All other returned material is subject to a MINIMUM 25%,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 F,JP Credit Department, •Warranty: 1 HE BUYER'S SOLE AND EXCLUSIVE WARRANTY,IFANY,IS THAT PROVIDED BY THE PRODUCT'S MANUFACTURER.EJP MAKES NO F.,XPRF..SS OR impi..trm WARRANTIES. EJP HERF....BY DISCLAIMS ALi..,EXPRESS OR LMPI,IED WARRANTIES, WHETHER IMPLIED BY OPERAi'ION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMI'TAT'ION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND 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 INCI- DENTAL,PUNITIVE,SPECIAL,CONSEQUENTIAL,OR LIQUIDATED DAIl4AGES 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,TRANSPORTAIJON.INSTALLATION,OR REPAIR OF THE PRODUCTS SOLD BY EJP.BUYER ACKNOWLEDGES AND AGREES THAT UNDER.NO CIRCUMSTANCES,AND IN NO.EVENT. SHALL F.,JP'S LIABILITY.IF ANY,EXCEED THE NET SALES PRICE OF THE DEFEC'T'IVE 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 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 FIR All transactions shall be-governed solely by the tenns 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 shrill be governed in all respects by the laws of the State of Maine(excluding choice of law provisions).All actions; regardless of fore,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.T.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.cotn. EJP T&C Revision nate 4109 Pipeline Specialists EVERETTJ.PRESCOI f,INC. ic,�7i71 HOME OFFICE PEP SEE PAYMENTD EIONS OF RMS ON SALE RE REVERSE. METER 32 PRESCOTT STREET P.O.BOX 600 METER&BACKFLOW SERVICES • GARDINER,MAINE 04345 [Gardiner,ME04345 .O.Box 600 210 SHEEP DAVID ROAD.CONCORD,NH 03301 Everett J.Prescott,Inc. TELEPHONE(207)582-1851 (603J 2248425X 603 224-3842 207)582-5019 FAX(207)582-91118 +, v. ff,MI -. ;• •}N)ti_ ,`;. _� .,_IL' . _.''A. r< , .._. -.:r ._?'j l:C:a.; �• • �i 'iR'7F.�, C :.;;b`':�as"ter.?,t �:�;�; h zC •.-,�':r=,+'�,::�;! . .. �;;, • • Ihfi!x'7 r.�", .} .. i . 4 i G : 2.,. ., • CUSTOMER COPY • T 1 :% t_}� i�ra�.d�li:�l.e (,1 Z��.,(,.�r1`.� .� J ...`•N'"�� 1":�1. �J _I .'r...�. 1 i. '3 til ;') 'b'li .131-t ?i.i:•q.J'L ..Y Cit tiq ,�._. �,._•1. 1�,,T.(:�:'ary. CUSTOMER P.O.NUMBER JOB NAME JOB NO. SLS SALES PROMISE DATE SHIPPING METHOD i F)F "K 7+r'`''=S 1+ } is 01,J—PR TRj.CK 2 l6, r PRODUCT NO.I DESCRIPTION UNIT PRICE L'..b E CT LJ T L)B.i.: 2010 'D -04D BLUE; CT- 'T'LBE 201 1 ❑ PREPAID • SHIPPED VIA OUR TERMS ARE NET 30 DAYS. AMOUNT ALL SALES ARE SUBJECT TO THE ❑ COLLECT TAX % TERMS AND CONDITIONS OF SALE ❑ PICKUP "._' <i 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 DATE RECEIVED WE WILL NOT ASSUME ANY RESPONSIBILITY FOR SAME.IF DELIVERY WAS MADE BY COMMON CARRIER,CLAIMS MUST BE FILED -'+,`ifi} ti;i" •"•,_� 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. Teras 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 OR •'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 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.Lf 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 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.SER- VICE CHARGE IS-1/i%PER MONTH(18%A.P.R.)ON THE BALANCE OVER 30 DAYS OF AGE.THE BUYER AGREES TO PAY AL.L COSTS' AND EXPENSES OF COLLECTION,INCLUDING REASONABLE ATTORNEY'S FEES,and EJP claims a mechanic's.lien under applicable state law. •Acceptance icy EJP: All orders from the Buyer are subject to acceptance by authorized personnel of F.JR 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).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 clue to delay or inability to deliver,if such non-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 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 shalf be borne solely by Buyer.Claims for products damaged or lost in transit should be trade 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 dant- 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 10 clays 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 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 cannot be returned without EJP'S written consent,NO RETURNS ARE ALLOWED AND NO REFUNDS WILL BE MADE..,ON W PIPE OR(ii)SPECIALLY FABRICATED OR ORDERED I'T'EMS.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 INSPEC- TION AND WARRAN`T'Y.All other returned material is subject to a MINIMUM 25%r 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 AND EXCLUSIVE WARRANTY,JF ANY,IS THAT PROVIDED BY THE PRODUCT'S MANUFACTURER.EIP MAKES NO EXPRESS OR IMPLIED WARRANTIES, EJP HEREBY DISC:LAiMS ALL EXPRESS OR IMPLIED WARRANTIES. WHF.,THF.,R. IMPLIEI) BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WiTHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PART'iC:ULAR PURPOSE. LiNDER 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,WHETHER,BASED UPON Nvl' ,RRANTY CONTRACT. STRICT LIABILITY, NEGLIGENCE OR ANY OTHER 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 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 here- of and 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 EJP.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 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 law provisions).All actions, regardless of form,arising out of or in connection with this transaction,the products sold by ETP,or the relationship between the Buyer and EJP sliall 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.Box 600,Gardiner.Maine 04345.Telephone (207)582-18.51.Fax(207)582-5637.E-mail ejpCejprescott.com. EJP?&C-Revision Date 4109 VOUCHER # 162399 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 5122760 01-6200-06 23.00 Voucher Total 23.00 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 8/12/2016 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 8/12/2016 5122760 23.00 hereby certify that the attached invoice(s), or bill(s) is(are)true and -orrect 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 5122760 ]lip, Gardiner,Me.04345-0600 INVOICE DATE; 8/04/16 PACKING SLIP No. 5122760 Everett J.Prescott,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 CUSTOMER- LVQ �___JOB_NAME _JOB.NO. `SL'S._,__DATE DUE_.. DATE SHIPPED SHIPPING METHOD _ JERRY STOCK 1 106 9/03/16 1 8/04/16 1 Our Truck PRODUCT • r 1 46130B 3/4X100 BLUE CTS TUBE 200 FT 100 0.23 23.00 RECEIVE YOUR INVOICES FASTERII PLEASE CONTACT YOUR THANK YOU AMOUNT,;,,. 23 .00 LOCAL OFFICE FOR FAX OR E-MAIL OPTIONS-GO GREENI FOR YOUR SUSINESSI TAX ' 00 PLEASE NOTE: OUR TERMS FREIGHT;> 00 ARE NET 30 DAYS.YOUR .00 SERVICE CHARGE IS 11/2%PER MONTH(18%A.P.R,)ON THE BALANCE OVER 30 DAYS OF AGE.THE HELP IS NEEDED AND • BUYER AGREES TO PAY ALL COSTS AND EXPENSES OF COLLECTION,INCLUDING REASONABLE ATTORNEY'S FEES,AND EJP CLAIMS A MECHANICS'S LIEN UNDER APPLICABLE STATE LAW. APPRECIATED. r 23.001 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 (lie 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 BJP 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 clays, no gash discounts allowed. Service Charges commence after 30 clays and are calculated on the last day of the month in which the 30th day falls. SERVICE CHARGE iS 1'/z °/) PER MONTH (18'A A.P.R.) ON THE BALANCE OVER 30 DAYS OF AGE. THE BUYiR AGREES TO PAY ALL COSTS AND E=XPENSES OF COLLECTION, INCLUDING REASONABLE ATTORNEY'S FEES, and EJP claims a mechanic's lien under applicable state law. • Acceptance by EJ P: All orders from the Buyer are subject to acceptance by authorized personnel of EJP,and, in the case of Open Account Sales,approval ofthe EJP Credit Departmcnr. • Cancellations: SPECIAL OR NON-STOCK ITE\V1S MAY NOT 13E CANCELLED OR RETURNED AFTER THE PRODUCT(S) IS PLACED IN"1'0 PRODUCTION. All charges and costs incurred by E`JP as a result of cancellations or order changes will be billed to (lie 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 clamage duo to delay or inability to deliver, it'such non-performance was the result of any events or circumstances beyond the control of'EJP, including,but not limited to, acts of God, war, labor dil7icultics, fire,accidents, inability (o obtain materials, and delays of carriers, contractors, suppliers, or manuf+c(urers. Under no circumstances shall E.IP be liable for any special, consequential, incidental, indirect, or liquidated damages, losses, or expense (whether or not based on negligence)arising directly or indirectly from delays or failure to give notice of delay. • Shipment: Shipment of all products is to one given destination for all items including pipe. unless otherwise indicated in writing. Risk of loss shall transfer to the Buyer upon tender of goods to Buyer, Buyer's representative, or common carrier. The cost of any special packing or special handling caused by Buyer's requirements or requests shall be added to the amount of the order. If'Buyer causes or requests a shipment delay, or if E_JP ships or delivers alae products erroneously as a result of inaccurate, incomplete or misleading information supplied by Buyer or its agents of 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 lowing charges resulting from "non hard surface deliveries" shall be (lie responsibility of the Buyer. • Inspection and Acceptance: Claims for darnige. 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 nonconlormance and notify EJP, in writing. of any defects, nonconformance or rejection ol'such products. After such 10 day period. Buyer shall be deemed to have irrevocably accepted the products, it'not previously accepted. After such acceptance. Buyer shall have no right to reject the products for any reason or to revoke. acceptance. Buyer hereby agrees that such 10 day period is a reasonable amount of time for such inspection and revocation. • Returns: Materials cannot be returned without EJP'S written consent. NO RETURNS ARE ALLOWED AND NO REFUNDS WILL BE MADE ON (i) P113E OR (ii) SPECIALLY FABRICATED OR ORDI3RED 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 25% RE-HANDLiNG CHARGE; plus transportation charges. Unless otherwise agreed by the Buyer and EJP, all credit for returned material will be applied to lulure orders. subject to approval by the BJP 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 AND 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 DA\MAGES OF ANY KIND, WHETHER BASED UPON WARRANTY, C'ONTRAC'T, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER 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 EJP'S LIABILITY, IF ANY, EXCEED THE NET SALES PRICE OFTHE DEFECTIVE PRODUCT(S). • Entire Agreement: This dOCUmCnt constitutes the entire, complete, and exclusive agreement between the parties with respect to the subject matter hereof and contains all the aarcemcnts 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. 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 tlac State ofMaine 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. Box 600. Gardiner, Maine 04345. Telephone(207) 552-1851. Fax(207) 552-5637. E-mail ejp@ejprescott.com. Pipeline Specialists EVERETTJ.PRESCOTT,INC. %CL7/� =ardme HOME OFFICE � P SEE CONDITIONS OF SALE AND �� 32 PRESCOTT STREET a°°" PAYMENT TERMS ON REVERSE.P.O.BOX 600METER&BACKFLOW SERVICESGARDINER,MAINE 04345 210 SHEEP DAVID ROAD,CONCORD,NM 03301 Everett J.Prescott,Inc. TELEPHONE 207 582-1851 "(y:5 d 7Fbi(603)224-8425 FAX(603)224-3842 (207)582-9118 (""IcK � C, �=r.,�,KE��.� .�. L.1 Tj r w .- .4. .�. L�C' �. 0 1 W. �`v4sY lI1';�t(}It f LIM: , em aon t 113.7 '47 0-I27j 0 w, CUSTOMER COPY mv F ,n�...AUTILITIES 9-: Z, • • • E CARMEL U IL`T.3 ES 3S.TY �^ F - y-; rp i' Tr" L-YTIESN W 1 3.t sr iSv.C'eet _,1:)0' v�. 1..31 ;•t. jtl.faL:t, '�'rtL�me `N —aJ.'mez 1 >rpt Jn 116 t07 CUSTOMER P.O. NUMBER JOB NAME JOB NO. SLS SALES PROMISE DATE SHIPPING METHOD TERRY 7TC}CK CLUB IV 8/i IS/r S.L~ ( UR TRUCK .�LQ PRODUCT NO.I DESCRIPTION UNIT PRICE 90 '?:6130B 3/4X2@0 BLUE CTS TCIBs; 200 :"p 1.0,i1+ �109ye0 7634 945 ! PREPAID 0 161KE104 = e e OUR TERMS ARE NET 30 DAYS. AMOUNT El COLLECT ALL SALES ARE SUBJECT TO THE TAX [D PICK EC �L� t'S. TERMS AND CONDITIONS OF SALE FREIGHT ON THE REVERSE SIDE I 4LL CLAIMS FOR SHORTAGES,DAMAGES,AND ERRORS IN THIS SHIPMENT MUST BE MADE IMMEDIATELY AND NOTED HEREON OR BY ( ^r DATE RECEIVED NE WILL NOTASSUME ANY RESPONSIBILITY FOR SAME.IF DELIVERY WAS MADE BY COMMON CARRIER,CLAIMS MUST BE FILED /1 �SJ�.!"�^'�t; ��!',�`�1':�NFrH THE CARRIER UPON RECEIPT OF GOODS.NO MERCHANDISE WILL BE ACCEPTED FOR RETURN OR ADJUSTMENT UNLESS[,RECEIVED ( /I+ NRITTEN AUTHORIZATION IS ISSUED.PRICES SUBJECT TO CHANGE WITHOUT NOTICE.A SERVICE.CHARGE WILL BE CHARGED ON \ 'j f� t/• Y 1< } L��', 7.U'� ?AST DUE BALANCES. .X 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 EJP •"faxes:Prices do not include any present or future federal,state,or local taxes(including,without limitation,sales lax,use tax,excise tax,or otherwise) unless specifically stated.Itis 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 paint 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 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.SER- VICE CHARGE iS l X%PER MONTH(18%A.P.R.)ON THE BALANCE OVER 30 DAYS OF AGE.THE.BUYER AGREES TO PAY Ai..L 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,aril,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)IS PLACED INTO PRODUCTION.All charges and costs incurred by EJP as a result of cancellations or order changes will be billed to(lie 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 non-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- for 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 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 lie made on hard surfaces only.Any dam- age or towing charges resulting from"non hard surface deliveries"shalt 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 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 IO'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 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 THE ITEMS SUBJECT TO THE MANUFACTURER'S INSPEC- TION AND WARRANTY.All other returned material is subject to a MINIMUM 2511 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 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 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 INCI- DENTAL. NCADENTAL,PUNITIVE,SPECIAL,CONSEQUENTIAL,OR LIQUIDATED DAMAGES OF ANY KIND,WHETHER BASED UPON WARRANTY, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION AR.IS.ING IN CONNECTION WITH THE DESIGN, MANUFACTURE,SALE,TRANSPORTATION.INSTALLATION,OR REPAIR OF THE PRODUC'T'S SOLD BY EJP.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 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 agreements anti 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.EJP.All transactions shall be governed solely by the t:ernts 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(lie 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.Box 600,Gardiner,Maine 04345.Telephone (207)582-1851.Fax(207).582-5637.E-mail ejpCaejprescott.com. EJP T&C•Revision Date 4109