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HomeMy WebLinkAbout304002 10/10/16 CITY OF CARMEL, INDIANA VENDOR: 088550 (9, ONE CIVIC SQUARE EVERETT J PRESCOTT INCCHECKAMOUNT: $*******367.79* CARMEL, INDIANA 46032 PO BOX 350002 CHECK NUMBER: 304002 BOSTON MA 02241-0502 CHECK DATE: 10/10/16 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 5141696 38.76 OTHER EXPENSES 601 5023990 5143022 59.70 OTHER EXPENSES 601 5023990 5144795 178.40 OTHER EXPENSES 601 5023990 5149460 90.93 OTHER EXPENSES VOUCHER# 162859 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 5141696 01-6200-06 38.76 5lg01410.d 11 90.93 , 51 q 4795 ul—jS�,lb y ��/N�c c'��-1 �-✓�--'` 5lLJ 3bZZ (A �clt'Zt 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 10/3/2016 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 10/3/2016 5141696 38.76 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. 32 Prescott Street iEl P, tKINGSLIP P.O.Box 600 5149460 Gardiner,Me.043450600 . 9/28/16 5149460 Everett J.PPASCOtt,inC, 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 P:O-'NO:"'�`�'�OB'NAME"`" . ; 'JOB NO`" 5Lu`-7f7ATE DUE- `-DATESHIPPED- .•� SHIBRING`METHOD -- JERRY ISTOCK I 1 108 10/28/16 9/28/16 Our Truck •s r 1 55734 F 6X12 FLS1 REP CLAMP 684724 EA 1 90.93 90.93 RECEIVE YOUR INVOICES FASTERII PLEASE CONTACT YOUR THANK YOU AMOUNT;�''_;� 90.93 LOCAL OFFICE FOR FAX OR E-MAIL OPTIONS-GO GREENI FOR YOUR BUSINESS! TAX 00 PLEASE NOTE: OUR TERMS FREIGHT''a'i=_. .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 ATTORNEY'S FEES,AND EJP CLAIMS A MECHANICS'S LIEN UNDER APPLICABLE STATE LAW. APPRECIATED. 90.93 The Prescott Companies Everett J. Prescott, Inc. (EJP) Terms and Conditions of Sale • Prices: All prices are subject to change without notice, except where firm quotations have been provided in 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 E.111 is required to prepay any such tax, Buyer xwill 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 lands or approved check must be made before or at time of delivery. Commercial Credit terms are Net 30 clays. no cash discounts allowed. Service Charges commence after 30 days and are calculated on the last clay of the month in which the 30th day falls. SERVICE CHARGE iS 1'/z %, PER MON-1-1-1 (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 A'TTORNEY'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 131: 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. • Ueliverv: 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,IP, including.but not limited to, acts of God, war, labor difficulties. tire. accidents, inability to obtain materials, and delays of carriers, contractors, suppliers, or manufacturers. Under no circumstances shall 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 fi•om 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 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 tine order. If'Buyer causes or requests a shipment delay, or if E.iP ships or delivers the products erroneously as a result of inaccurate. incomplete or misleading infonnation 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 clama«e, shortage or errors in shipping must be reported within 10 days following delivery to Buyer. Buyer shall have 10 clays From the date Buyer receives any products to inspect such products and ser-ices for defects and nonconformance and notify EJP, in writing, of any defects, nonconformance or rejection ofsuch products. Aller such 10 day period. Buyer shall be deemed to have irrevocably accepted the products, il'not previously accepted. After such acceptance. Buver shall have no right to reject the products Por 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 DEFEC:TiVE IN WORKMANSHIP OR N4ATERiAL 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%i 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: THEBUYER'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 iMPLiE.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 CIRCUmSTANCES, AND iN NO EVENT, WILL E-.IP BE LiABLE FOR PERSONAL INJURY OR PROPERTY DAIMAGE 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 E.IP. BUYER ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, AND IN NO EVENT. SHALL EJI''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 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 i .111 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 I:JP 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 E.IP Division. The Home Office address is 32 Prescott Street, P.O. Box 600, Gardiner, Maine 04345. Telephone(207)582-1851. Fax(207) 552-5637. 1:-mail ejp(ci)cjprescotr.com. SEE CONDITIONS OF SALE AND PAYMENT TERMS ON REVERSE Pipeline Specialists Everett J.Prescott Inc.�_ P 32 Prescott Street ;PAGE NO'j, 1 P.O.Box 600 5144795 Gardiner,Me.04345-0600 INVOICE DATE-: 9/2 8/16 PACKING SLIP NO.; 5144795 Everett J.Prescott,Inc. CUSTOMER;NOT 4755 WAREHOUSE, 2 2 0 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 i= ,SLS. ~> bATE DUE- -DATESHIPPED- - -- SHIPFING'METHOO _ MIKE LUPER ISTOCK 1 1 108 10/28/16 1 9/28/16 Our Truck LINE M"RO C AMOUNT 1 58031 F 12X12 FLS1 REP CLAMP 13101350 EA 1 155.50 155.50 2 52487 1 YOKE SPANNER WRENCH EA 5 4.58 22.90 RECEIVE YOUR INVOICES FASTERI!PLEASE CONTACT YOUR THANK YOU AMOUNT `;+`t 178.40 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.YOUR1 ";'' .00 SERVICE CHARGE IS 1 112%PER MONTH(16%A.P.R.)ON THE BALANCE OVER 30 DAYS OF AGE THE HELP IS NEEDED ANDBUYER • ATTORNEY'S AGREES ES,AND EJP CLAMS A AND CS S LIEN ES OF OUNDER APPLICABLE STATE LAW.BLE 178.40 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 1-inn quotations have been provided in writing by authorized management personnel of EJP. •'hazes: Prices do not include any present or future; federal, state, or local taxes(including,without limitation, sales tax,use tax,excise tax, or othenlvisc) 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 (axing authorities. II'EJP is required to prepay any such tax. 131.1yer will reimburse EJP in Full upon demand. • Payment`berms: 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 alter 30 days and are calculated on the last day of'the month in which the 30th day falls. SERVICE CHARGE IS 11/2 % PER MONTH (18%, A.P.R.) ON THE BALANCE OVER 30 DAYS Of- AGE. THE BUYER AGREES TO PAY ALL COS'T'S 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 arc subject to acceptance by authorized personnel of'L;.IP,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 AFTEiZ THE PROi:)UCT(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, than 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 o1*God.war, labor dif'iculties, 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. I f Buyer causes or requests a shipment delay, or if 13JP 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 dama-e. 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 E.111, in writing. of any defects, nonconl'onnance or rejection ol'such products. Atter such 10 day period. Buyer shall be deenied 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 clay period is a reasonable amount of time for such inspection and revocation. • Returns: Materials cannot be returned without E.1P'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 YIINIMUM 25% RE-i-IANDLiNG CHARGE, plus transportation charges. Unless otherwise agreed by the Buyer and EJP, all credit for returned material will be applied to lirture 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 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 C'ONNECT'ION WITH THE DESIGN, MANUFACTURE, SALE, TRANSPORTATION', INSTALLATION,OR REPAIR OF THE PRODUCTS SOLD BY E.111. BUYER ACKNOWLEDGES AND AGREES "1-1-IAT UNDER NO CIRCUMSTANCES, AND IN NO EVENT. SI IALL 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'clealing or usage of the trade shall be applicable unless expressly incorporated herein. The terms and conditions contained herein may not be added to. modified, superseded or 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 E.iP 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 oFor 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 anti inquiries should be directed to your local EJP Division. The 1-lome Of'licc address is 32 Prescott Street. P.O. Box 600. Gardiner, Maine 04345. Telephone(207)582-1851. Fax (207) 552-5637. E-mail ejpr)ejprescott.com. SEE CONDITIONS OF SALE AND PAYMENT TERMS ON REVERSE Pipeline Specialists Everett J.Prescott Inc. jYAGE T 1 32 Prescott Street P.O.Box 600 5143022 jil P, Gardiner,Me.043450600 INVOICE.DATE;; 9/28/16 PACKING SLIP NO) 5143022 EVeretf J.Prescott,Inc. CU.STOMER`N0. 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 P.O.:NO: JOB NAME JOB,NO :SLS, --DATE DUE _DATE SHIPPED. ._- SHIPPING METHOD JERRY JSTOCK I 1 108 10/28/16 1 9/28/16 1 Our Truck LINE -••D • 1 /NON01875144 6 FS313 SADDLE 3/4CC 663690 EA 1 48.07 48.07 RECEIVE YOUR INVOICES FASTER!!PLEASE CONTACT YOUR THANK YOU AMOUNT'`,:- 48.07 LOCAL OFFICE FOR FAX OR E-MAIL OPTIONS-GO GREENI FOR YOUR BUSINESSI TAX.. -';; '; 00 PLEASE NOTE: OUR TERMS FREIGHT 11.63 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 ATTORNEY'S FEES,AND EJP CLAIMS A MECHANICS'S LIEN UNDER APPLICABLE STATE LAW. APPRECIATED. 59.70 The Prescott Companies Everett J. Prescott, Inc. (EJP) Terms and Conditions of Sale • Prices: All prices arc subject to change without notice, except when; 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 statecl. 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 art approved commercial Open Credit account is established, payment in good funds or approved check must be made before or at time of delivery. Commercial Credit terms are Net 30 days, no cash discounts allowed. Service Charges commence after 30 days and are calculated on the last clay of the month in which the 30th day falls. SERVICE CHARGE IS 11/2 % PER MONTH (15`% 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 ofthe 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: E.111 will stake a good faith effort to complete delivery of the products; provided, however, that EJP assumes no responsibility or liability for loss or dantage due 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 difficulties, fire, accidents, inability to obtain materials, and delays of carriers, contractors. suppliers, or manufacturers. Under no circumstances shall E.113 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 s11a11 lie 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 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. 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 Por 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 SUCi-f 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 CIiARCiE, plus transportation charges. Unless otherwise agreed by the Buyer and }:JP, all credit for returned material will be applied to future orders, subject to approval by the EJP Credit Department. • Warranty: Ti-iE BUYER'S SOLE AND EXCLUSIVE WARRANTY. IF ANY. IS THAT PROVIDED 13Y THE PRODUCT'S MANUFACTURER. EJP tMAKES NO EXPRESS OR .IMPLIED WARRANTIES. EJP HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, WHETHER IMPLIED BY OPERA'T'ION OF LAW OR OTHERWISE. INCLUDING, WITHOUT LIMITATiON, ALL IMPLIED WARRANTIES 01' MERCHANTABILITY AND FITNESS OR FiTNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES. AND iN NO EVENT, WILL E.IP BE LIABLE I-OR 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, EXCITED 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 atreements and conditions of sale; no course of cleating 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 EJI' 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 betNveen 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 anti inquiries should be directed to}roux local E.1P Division. The 1-tome Off ice address is 32 Prescott Street, P.O. Box 600, Gardiner, Maine 04345. Telephone(207)552-1851. Fax (207)552-5637. E-mail cjp a cjprescou.com. SEE CONDITIONS OF SALE AND PAYMENT TERMS ON REVERSE Pipeline Specialists Everett J.Prescott Inc. PAGE Noi; 1 32 Prescott Street 11J]p P.O.Box 600 5141696 Gardiner,Me,04345 0600 INVQICE,DATE� 9/19/16 PACKING SLIP.No.° 5141696 Everett J.Prescott Inc. CUSTOMER`NO, 4755 WAREHOUSE ii 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 attn jerry 46074 Carmel, IN 46074 _.---!—CUSTOME2.P.O.NOSDATE DUE j DATE SHIPPED SHIPPING.METHOD_ °i STOCK JERRY 3/4 & 1 STIFFNE 13.081 10/19/16 1 9/14/16 1 Direct Prepay/Add PRODUCTLINE 1 46336 3/4 CTS PLASTIC INSERT EA 60 0.30 18.00 2 46455 1 1 CTS PLASTIC INSERT EA 20 0.31 6.20 RECEIVE YOUR INVOICES FASTER!I PLEASE CONTACT YOUR THANK YOU AMOUNT' t_,.•. ; 24.20 LOCAL OFFICE FOR FAX OR E-MAIL OPTIONS-GO GREEN! FOR YOUR BUSINESSI TAX; 00 PLEASE NOTE: OUR TERMS FREIGHT-t�,, 14.56 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.THEBUYER AGREES HELP IS NEEDED AND • ATTORNEY'S FEES AND ALL CLAIMS AN MEEC�HANICS'S LIEN PENSES OF OUNDER APPLICABLE STATEW BLE � 3 8 .76 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 EJ P. •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 file 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 Terins: EJP Open Credit accounts are established for commercial, non-consumer use only. Unless an approved commercial Open Credit account is established. payment in good funds or approved check must be made before or at time of delivery. Commercial Credit terms are Net 30 days, no cash discounts allowed. Service Charges commence after 30 clays and are calculated on the last day of the month in which rile 30th day falls. SERVICE CHARGE iS 11,1i % PER MONTH (189h 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 mechanics lien under applicable state law. • Acceptance by EJP: Ail 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: E.11:1 will make a good faith effort to complete delivery of the products; provided, however, that EJP assumes no responsibility or liability for loss Or damaLle 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 noL 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 Qivc 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 foods to Buyer. Buyer's representative, or common carrier. The cost of any special packing or special handling caused by Buyer's requirements or requeSis shall be added to the amount of the order. If Buyer causes or requests a shipment delay, or if EJP ships or delivers rile 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 [lie 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 fl-om "non hard surface deliveries" shall be the responsibility of clic Buyer. • Inspection and Acceptance: Claims for dama«e, shortage or errors in shipping must be reported within 10 days follow-iug delivery to Buyer. BLtyer shall have 10 days from the date Buyer receives an_V products to inspect such products and services for defects and nonconformance and notify EJP, in writing. of any detects, nonconformance or rejection of such products. After such 10 day period. Buyer shall b. deemed to have irrevrocably accepted the products, if not preVtouslV accepted. After such acceptance, Buyer shall have no right to reject the products 'Por any reason or to revolve acceptance. Buyer hereby agrees that such 10 day period is a reasonable amount of time for such inspection and revocation. • returns: Materials cannot be returned v ithout 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 iTE\MS ALLEGED TO BE DEFECTIVE IN WORKMANSHIP OR MATERIAL WILL BE THE REPLACEMENT OF THE ITEMS SUBJECT TO TME MANUFACTURER'S INSPEC;TiON 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 iltntre orders,sub;ect to approval by.the EJP Credit Department. • V arranty: THE: BUYER'S SOLI; ,AND EXCLUSIVE WARRANTY. IF ANY, IS THAT PROVIDED BY THE PRODUCT'S MANUFACTURER. F,JP I'AAKES NO EXPRESS OR MIPLIED WARRANTIES. EJP HEREBY DISCLAIMS ALL EXPRESS OR INIPLIE'D WARRANTIES, WHETHER IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION. ALL iMPL11_D WARRANTIES OF MERCHANfABILiTY AND FiTNESS OR FiTNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES, AND IN NO EVENT, WiLL EJP BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAN.,I AGE OR ANY OTHER LOSS. DAMAGE, COST OR REPAIRS OR INCIDENTAL, PUNITIVE, SPECIAL,CONSEQUENTIAL,OR LIQUIDATED DAMAGES OF .ANY KIND, WHETi-IER 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 TH.-,\T UNDER NO CIRCUMSTANCES, AND IN NO EVENT. SHALL EJP'S LIABILITY, IF ANY, EXCEED THE NET SALES PRICE OF THE DEFECTIVE PRODUCT(S). • Entire A,reement: This document constitutes the entire, complete, and exclusive agreement between (lie parties with respect to the Subject matter hereof and contains all the agreeiments 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 sinned by authorized management personnel of EJP. All transactions shall be governed solely by the terms anis conditions contained herein. All purchase orders issued pursuant to in 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 Lan: 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 COilneCliO11 Willi 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 0.1345. Telephone(207) 582-1851. Fax(207) 582-5637. E-mail ejp@gjprescott.conn. Pipeline Specialists EVERETTJ.PRESCOTT,INC. V71 11icai77 HOME OFFICE PEP SEE CONDITIONS OF SALE AND P432 PRESCOTT STREEThm PAYMENT TERMS ON REVERSE. • P.O.BOX 600 METER&BACKFLOW SERVICES s r1 GARDINER,MAINE 04345 210 SHEEP DAVID ROAD,CONCORD,NH 03301 P.O.Box 600 'i•^!. ::7. J ?�Ja13ti LEverett J.Prescott,Inc. TELEPHONE 207 582-1851 Gardiner,ME 04345 i'�.r { ^ C (603)224-8425 FAX(603)224-3842 (207)582-5019 FAX(207)582-9118 .L L•:::f':i »4. �d�:.i'4:"1. :1 x•.l . \'. .J,3-F Y..1.t.4:A b L a..,.�;..+,,:+.�, $:'E a L '^d.d:'. .: .t:' , .f .., ? ... P 4,.�v.•A A ., .. .r S 3 ?,::.J.:,+ s Lf i s t I, T D"$ 1:' `'• f.e..' 4�.i. :�(k's f'+, J - �a ✓• _• X. z fi(r C-, -7 .• • _� /'J r• _...5�7'1 i.�+i p•:l ti! t 'y L 4�.L .J.1 c7.9 L i.I. .'., .r_i\' • • V.r ll;n... f w�J 0 8 29 37 • CUSTOMER COPY C"It; OFCARMELr�I!v.C!.s..�.� i�4T � .L iJr �:;�,.`��r?�:;z:. d:�. s):.•::�'..'.�.��,; • 3:.50 . lzllsi'; street 114 . 'j ; % ri f7'v!u 4 f 7?a • 317 733 2053 CUSTOMER P.O.NUMBER JOB NAME JOB NO. I SLS SALES PROMISE DATE SHIPPING METHOD ',: JIEL-ZRY STOCK L(D8 sB:f;-i 9 f:;,!1/`i IS DUR T R 7C I: 220 PRODUCT NO.I DESCRIPTION UNIT PRICE ).'. 5- !3'-? F 6�.i_1i E +S� C{.El` CLAMP 6a4724 w' '715339,71 � V" ❑ PREPAID • SHIPPED VIA . : . : OUR TERMS ARE NET 30 DAYS. AMOUNT El COLLECT ALL SALES ARE SUBJECT TO THE TAX F r t •'t7 TERMS AND CONDITIONS OF SALE FREIGHT .s ON THE REVERSE SIDE ❑ PICKUP ALL CLAIMS FOR SHORTAGES,DAMAGES,AND ERRORS IN THIS SHIPMENT MUST BE MADE IMMEDIATELY AND NOTED HEREON OR RECEIVED BY ,y_a?',,jh.,'F e_J�j;� 4.1�:.' F_„%�.;ad?: DATE RECEIVED WE WILL NOT ASSUME ANY RESPONSIBILITY FOR SAME.IF DELIVERY WAS MADE BY COMMON CARRIER,CLAIMS MUST BE FILED WITH THE CARRIER UPON RECEIPT OF GOODS.NO MERCHANDISE WILL BE ACCEPTED FOR RETURN OR ADJUSTMENT UNLESS WRITTEN AUTHORIZATION IS ISSUED.PRICES SUBJECT TO CHANGE WITHOUT NOTICE.A SERVICE CHARGE WILL BE CHARGED ON X - PAST DUE BALANCES. E.J. Prescott, Inc. Terms and Conditions of Sale •Prices:All prices are subject to change without notice,except where firm quotations have been provided in writing by authorized management personnel of EJP. •'Taxes:Prices do not include any present or future federal,state,or local.taxes(including,without limitation,stiles tax.use tax,excise tai:,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 Clic month in which the 30th day falls.SER- VICE CHARGE iS (hoc'PER.MONTH(18%n 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 Iien 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 T13E PRODUCTS)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:FIP 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,faro,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 shall be borne solely by Buyer.Claims for products damaged or lost in transit should be made by.Buyer to the carrier,as.EIP'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:Claiims for damage,shortage or errors hi shipping must be reported within 10 days following delivery to Buyer.Buyer shall have 10 da'vs 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 (i)PIPE OR(ii)SPECIALLY FABRICAI'ED OR ORDERED ITEMS.THE SOLE AND EXCLUSIVE REMEDY FOR SUCH ITEMS ALLEGED'i'O BE DEFECTIVE IN WORKMANSHIP OR MATERIAL WILL,BE THE REPLACEMENT OF THF,ITEMS SUBJECT TO THE MANUFACTURER'S INSPEC- TION AND WARRANTY.All other returned material is subject to a MININIUM 25%RE-HANDLING CHARGE,plus transportation charges.Unless other- wise agreed by the Buver 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 hITN:ESS FOR A PAItI7CULAR 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 O.R IN'C.I- DENTAL.PUNITIVE,SPECIAL,CONSEQUENTIAL,OR LIQUIDATED DAMAGES OF ANY KIND,WI-IE'IIIER BASED'UPON WARRANTY, CONTRACT, STRICT LIABILITY,NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING I.N 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:'Phis 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 germs 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 terns and conditions shall supersede those of the Buyer. •Governing Law:This transaction shall be governed in all respects by rine 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 E.TP,or the relationship between the Buyer and.EJP shall be brought in the courts of the State of Maine,within the applicable statutory:period. •Communications:Payments only should be directed to:E.J.Prescott,Inc.,P.O.Box 350002,Boston,MA 02241-0502.All other correspondence and inquiries should be directed to your local EJP Division.The Home Office address is 32 Prescott Street,P.O.Box 600,Gardiner.Maine 04345.Telephone (207)532-1851,Fax(207),582-5637.E-mail ejpr%gjprescott.com. EJP T&C-Revision Date 4M Pipeline Specialists EVERETTJ.PRESCOTT,INC. LMETER iZA 0—H HOME OFFICE SEE PEP PAYMENTDITIONS OF TERMS ON SALE RE REVERSE. �� 32 PR P.O.BOX STREET • O.BOX 600 BACKFLOW SERVICESGARDINER,MAINE 04345 P.G.Rox Boo ALES �-��-iJDEAVID ROAD,CONCORD.NH 03301 Gardiner,ME 04345 n-V.. _ ,.-rTELEPHONE(207)582-1851 5 FAX(603J224-3842 (2071582-5019 FAX(207)582-9178 a s. !ICKEi �. S(.;t7Tf Iil-'11Aa.`a� C . �• .• _�.1=5�� 1 �.7 / 16 r]i i.S'10 ':., i 1.i 0 A i":�y t`-.`F, i. 4ti j�� • • tJ tD�� ! J J • CUSTOMER COPY F'I4 T CARMEL �1 7, L( )' Pl Y -'r 7- 9 F d � OF Ly.d-JlRi'E 0� �{U 1.4 LI �I E::.J ..�'��i/.^Y� T{_'rg,)° i-.,:'sf7`.�.L�� 1-I�1 Te.�.��d�� • 3Z5'6 v a A 3.1✓+.+ S Y,.0'..+ai L 3 4 5 UJ V�'�' a .�)1 s t. i l t T.'e-0 L IN 160 1Vii, 42,601 PHONE 4h 3-17 733� 2855 • 'AX :r' 3.17 )32, 2053 CUSTOMER P.O.NUMBER JOB NAME JOB NO. SLS SALES PROMISE DATE SHIPPING METHOD t:RI 3.La A.L (DRDER :yXE .L:3sPE.R aTOCR 608 `'.Ute 9,/2(9',/1*~ OUR TRUCK 8140935 PRODUCT NO.I DESCRIPTION UNIT PRICE N-141NA1113M '!o' 3 3 0/ 3;(. " i 2 X 12 T:7 eS 1 R Eu n C 1sd Mi P 13101350 A I 3 5:31x.2 w LPj7 _ L� °_/ � r V� i ❑ PREPAID • SHIPPED VIA OUR TERMS ARE NET 30 DAYS. AMOUNT ALL SALES ARE SUBJECT TO THE ❑ COLLECT TERMS AND CONDITIONS OF SALE TAX ❑ PICKUP C 0rt 1' ON THE REVERSE SIDE FREIGHT Ad-L CIMS FOR SHORTAGS,DAMAGES,ANVVE WILL NOT ASSUME A YERESPONS BILITYDFOR SAME.IF DELIVERY WAS MADE BY COMMON CARRIERACLAIMS MUST BEOFILERRORS IN THIS SHIPMENT MUST BE MADE IMMEDIATELY ND NOTED HERENOED RECEIVED BY T:,li ) 0 r r:1ZrD�d,'T`1 DATE RECEIVED KITH THE CARRIER UPON RECEIPT OF GOODS.NO MERCHANDISE WILL BE ACCEPTED FOR RETURN OR ADJUSTMENT UNLESS NRITTEN AUTHORIZATION IS ISSUED.PRICES SUBJECT TO CHANGE WITHOUT NOTICE.ASERVICE 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 anti 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 all approved commercial Open Credit account is established,payment in good funds or approved check must be made before or at time of delivery.Connnercial 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.SER- VICE CHARGE IS 14%PER MONTH(18%A.P.R.)ON THE BALANCE OVER 30 DAYS OF AGE.THE BITER 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 C:ANC'FLLED 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:ETP 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-pe,fonnance was the result of any events or circumstances beyond the control of EJP,includ- ing,but not limited to,acts of Clod,war,labor difficulties,fire,accidents,inability to obtain niaterials and delays of carriers,contractors,suppliers,or manufacturers.Under no circumstances shall EJP be liable for any special,consequential,incidental,indirect,or liquidated clamnages,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 desdriaticin 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,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. •Inspectioti,and Acceptance:Claims for clamage,shortage or errors in shipping must be reported within 10 clays following delivery to Buyer.Bayer shall have 10 days from the date Buyer receives any products to inspect such products and services for defects nand nonconformance and notify EJR 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 revolve 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 ti)PIPE OR(d)SPECIALLY FABRICATED OR ORDERED TIMMS.THE SOLE AND EXCLUSIVE REMEDY FOR SUCH ITEMS ALLEGED TO BE DEFECTiVE IN WOR.KMANSHiPOR MATF..RIAL WILL BE THE REPLACEMENT OFTIJE.ITEMS SUBJECTTO THE MANUFACTURER'S INSPEC- TiON AND WARRANTY.All other returned material is subject to a MINIMUM 25°Ir•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 Credii Deparunent, •Warranty.TILE BUYER'S SOLI:AND EXCLUSIVE WARRANTY,IFANY,IST HAI'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 PARC.i(.'ULAR PURPOSE. UNDER NO C.iRCUMS'.TA.NC.:ES,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,W14LTHER.BASED UPON WARRANTI; CONTRACT, STRICT LIABII1.T1, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING .IN CONNECTION (WITH THE DESIGN. MANUFACTURE,SALE.TRANSPORTATION,I.NSTAL.LNFION,OR REPAIR OF THE PRODUCTS SOLD BY EJP. BUYER ACKNOWLEDGES AND AGREES THAT UNDER NO CiRC.'UMSTANCES,AND IN NO EVENT SHALL EJP'S LIABILITY, IF ANY,EXCEED THE NET SALES PRICE OF THE DEFEC"I'1VL 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 E.I.P.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 tenns and conditions herein contained.'These terms and conditions shall supersede those of ilie 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 FJP shall be brought in the courts of the State of Maine within the applicable statutory period. •Communications:Payments only should be directed to:E.J.Prescott,Inc.,P.O.Box 350002,Boston,MA 02241-0502.All other correspondence and inquiries should be directed to your local EJP Division.The Home Office address is 32 Prescott Street,P.O.Box 600,Gardiner,Maine 04345.Telephone ,(207)582-1851.Fax(207)582-5637.'E-mail ejp@cjprescott.com. EJP T&C-nevision Data 4;09 line Specialists EVERETT J.PRESCOTT,INC. HOME OFFICE PEP SEE CONDITIONS OF SALE AND �� 32 PRESCOTT STREET PAYMENT TERMS ON REVERSE. • P.O.BOX 600 METER&BACKFLOW SERVICES GARDINER,MAINE 04345 L(207) 600 }, ORDER 210 SHEEP DAVID ROAD,CONCORD,NH 03301 ME 04345 �... ,.,.,.»-,m 'Everett J.Prescott,Inc. TELEPHONE(207)582-1851 603)224-8425 FAX(603)224-3842 -5019 FAX(207)582-9118 RESERVE '� .l.E_.EE E v it. y.d tii,o f?E L.' I-T. 'RE,&C'O.fTYrIN) I . 3t;a:.l tx rte if?1Y.16LP9.S� r� r• •• Oi �-1� 9 : 53 : 55 0 2 4 1 '5 Irl 2 19,6 ?3:a • _ i[1 • CUSTOMER COPY • -a rme d TN C'.607 v_, 46074 'DHOsE # 317 733 2855 CUSTOMER P.O. NUMBER JOB NAME JOB NO. SLS SALES PROMISE DALESHIPPING METHOD cal;�T, a'*itJ`,,611rs � T'.T?R 3T(--)CK !1138 CBE 9/2-1 /16 RUCK 220 PRODUCT • I DESCRIPTIONUNIT PRICEr r • ^.-. /k's01>1013751 nCl F_: L 5313 SADDLE 3/� 663690 (VA� ❑ PREPAID • SHIPPED VIA OUR TERMS ARE NET 30 DAYS. AMOUNT ❑ COLLECTALL SALES ARE SUBJECT TO THE TAX % TERMS AND CONDITIONS OF SALE FI _PICKUP C`9�YON THE REVERSE SIDE FREIGHT 4LL CLAIMS FOR SHORTAGES;DAMAGES,AND ERRORS IN THIS SHIPMENT MUST BE.MADE IMMEDIATELY AND NOTED HEREON OR RECEIVED BY .:��11.: (� DATE RECEIVED WE WILL NOT ASSUME.ANY RESPONSIBILITY FOR SAME.IF DELIVERY WAS MADE BY COMMON CARRIER,CLAIMS MUST BE FILED WITH THE CARRIER UPON RECEIPT OF GOODS.NO MERCHANDISE WILL BE ACCEPTED FOR RETURN OR ADJUSTMENT UNLESS WRITTEN AUTHORIZATION IS ISSUED.PRICES SUBJECT TO CHANGE WITHOUT NOTICE.A SERVICE CHARGE WILL BE CHARGED ON X 01 FA 0 Bill 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 personneAt,Taxes:Prices do not include any present or future federal,state,or local taxes(including,without limitation,sales tax,use tax,excise tax,or ottunless specifically si<ited.It is the responsibility of the Bayer to pay all such taxes.Taxes where applicable may be added to the price ofthe prod shall be paid by the Buyer.unless the Bayer furnishes to EJP a fax exemption certificate in a fora 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 clays and are calculated on the last:day of the mouth in which the 30th clay falls.SER- VICE CHARGE IS IX%PER MONTH(18%A.P.R.)ON THE BALANCE OVER 30 DAYS OF AGE.1.1IE BUYER AGREES TO PAY ALL COSTS AND EXPENSES OF COLLECTION,INCLUDING REASONABLE ATTORNEY'S FEES,and EJP clahns a mechanic's lien under,applicable state taw. • Acceptance by EJP: All orders frorn the Buyer are subject to acceptance by authorized personnel ofEJP.arid, 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 E.IP 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.includ- ing,but not limited to.acts of God,war,labor difficulties,fire,accidents,inability to obtain materials,and delays of carriers,contractom suppliers,or manufacturers. Linder no circumstarrces shall EJP be liable for any special,consequential.incidental, indirect,or liquidated clamages,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.'i'lie cost of any special packing or special handling caused by Buyer's requirements or requests shall be added to the amount of the order.1f Buyer causes or requests a shipment delay,or if FJP ships or delivers the products erroneously as a result of inaccurate,incomplete or misleading information supplied by Buyer or its agents or empioyces,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 connnon carrier.Delivery will be made on hard surfaces only.Any darn- age or towing charges resulting from"non hard surface deliveries"shadl 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 slate 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 inevocably accepted the prod- nets,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.l'I'EMS.THE SOLE AND EXCLUSIVE REMEDY FOR SL7CI-I ITEMS ALLEGED TO BE DEFECTIVE INWORKMANSHIPORMATERIAI..,WILL BF.,THEREPLACEMENT OFTHE ITEMS SUBJF..C:TTOTHE MANUFACI'URER.'SINSPEC- TION AND WARRAN'T'Y.All other returned material is subject to a MINIMUM 25,h RE-HANDLING CHARGE,plus transportation charges.Unless other- wise agreed by the Buyer and RIP,all credit for returned material will be applied to future orders,subject to approval by the EJP Credit.Department •vl�arranty. TIIE BUYER'S SOLE AND EXCLUSIVE WARRANTY,IFANY,IS'I'HAf PROVIDED BY THE PR6DUCT'S NIANU 'AC'TURER.EJP MAKES NO EXPRESS OR IMPLIED WARRANTIES. EJP HEREBY DISCLAIMS ALI,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 PARTiCUL.AR PURPOSE. UNDER NO CIRCUMSTANCES,AND IN NO EVENT. WILL EJP BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAIMAGE OR ANY OTHER LOSS,DAMAGE,COSTOR REPAIRS OR INCI- DENTAL,PUNITIVE,SPECIAL,CONSEQUENTIAL,OR LIQUIDATED DAMAGES OF ANY KLND,WHETHER BASED UPON WARRANTY, CONTRACT, STRICT LIABILITY,NEGLIGENCE OR ANY OTHER. CAUSE,OF ACTION ARISING IN CONNECTION WITH THE DESIGN, MANUFACTURE,SALE,T'RANSPORTALION.INSTALLATION.OR REPAIR OF'THE PRODUCTS SOLD BY EJP. BUYER ACKNOWLEDGES AND AGREES Ti-IAT UNDER NO CIRCUMSTANCES,AND IN,NO EVENT. SHALT.,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 wdli 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 F.M.All transactions shall be governed solely by the i:erns and conditions contained herein.All purchase carders issued pursuant to an EJP quotation shall be deemed issued subject to all EJP terms and conditions herein contained.'These ternis and conditions shall supersede those of alae Buyer. •Governing Law:This transaction shall be governed in all respects by time 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 time 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,ML A 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)582-1851.Fax(207)582-5637.E-mail ejp@ejprescou.coun. EJP T&C-Revision Oath Page: 1 Packing List OW INVESTORS,LLC Shipping Number: 0153156 dba MARS Company Ship Date: 9/14/2016 3925 SW 13TH ST OCALA FL 34474-8739 (352)694-7195 Order Number: 0202951 Order Date: 9/12/2016 Salesperson: MMO Customer Number: EJPIN 6 Sold To: Ship To: TEAM EJP INDIANAPOLIS,IN CITY OF CARMEL UTILITIES 8309 W WASHINGTON ST. ATTN:JERRY Indianapolis, IN 46231 3450 W 131ST STREET i CARMEL,IN 46074 Confirm To: Number of Packages: 1 Customer P.O. Ship VIA F.0.B. Terms 1723596 BEST WAY ORIGIN Net 30 Days Item Number Unit Ordered Shipped Backordered F2090970WH EACH 60 60 0 3/4 CTS MARS PLASTIC INSERT Warehouse: 000 F2090972WH EACH 20 20 0 1 CTS MARS PLASTIC INSERT Warehouse: 000 MMO/JB 33