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HomeMy WebLinkAbout304560 10/31/16 y-CAq `% \• CITY OF CARMEL, INDIANA VENDOR: 088550 _` el ONE CIVIC SQUARE EVERETT J PRESCOTT INC CHECK AMOUNT: $*******757.90* CARMEL, INDIANA 46032 PO Box 350002 CHECK NUMBER: 304560 BOSTON MA 02241-0502 CHECK DATE: 10/31/16 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 5154807 174.60 OTHER EXPENSES 601 5023990 5157529 469.56 OTHER EXPENSES 601 5023990 5159040 56.87 OTHER EXPENSES 601 5023990 5159843 56.87 OTHER EXPENSES VOUCHER # 163054 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 5154807 01-6200-06 174.60 Voucher Total 174.60 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 10/17/2016 Invoice Invoice Description - Date Number (or note attached invoice(s) or bill(s)) Amount 10/17/201( 5154807 174.60 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. PAGEf3p 32 Prescott Street P.O.Box 600 5154807 Gardiner,Me.04345.0600 INVOICE DATE' 10/07/16 PACKING SLIP I Q; 5154807 Everett J.Prescott,Inc. CUSTOMER Nd.-' 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 CLUS-OMER P:O.NO.---4-—.-JO&NAME-- -J03-NOS ' 6S-- DATE-DUE DATESHIPPE-D - ----SHIRR--ING METHOd -- JERRY ISTOCK I 1 108 1 11/06/16 1 10/07/16 1 Our Truck LINE PRODUCT NUMBERQUANTITY 1 58441 F 12 FS313 SADDLE 1CC 13101350 EA 1 60.80 60.80 2 55734 34 F 6X12 FLS1 TAP CLAMP 3/4CC 684724 EA 1 113.80 113.80 RECEIVE YOUR INVOICES FASTERII PLEASE CONTACT YOUR THANK YOU AMOUNT?..::- 174.60 LOCAL OFFICE FOR FAX OR E-MAIL OPTIONS-GO GREENI FOR YOUR BUSINESS! T .00 PLEASE NOTE: OUR TERMS FREIGHT'':_' : 00 ARE NET 30 DAYS. YOUR 00 SERVICE CHARGE IS 11/2%PER MONTH(18%&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. L 174.60 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 Buver, 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 COL I-ECTION, INCLUDING REASONABLE ATTORNEY'S FEES, and EJ.P 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: SPECi.AL OR NON-STOCK ITEMS MAY NOT BE CANCEI..,LED OR RETURNED AFTER THE PRODUCT(S) IS PLACED INTO PRODUCTION. All charges and costs incurred by EJP as a result of cancellations or order changes will be billed to the Buyer. • Delivery: EJP will make a Good faith effort to complete delivery of the products; provided, however, that EJP assumes no responsibility or liability fin•loss or damage 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 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 TIIE .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 I-TEREBY 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 TiiE 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 coil fained.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 EiP 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 ejI)@ejprescott.coin. Pipeline Specialists EVERETT J.PRESCOTT,INC. Tct7i71 '�M•77 HOME OFFICE PEP SEE CONDITIONS OF SALE AND �� 32 PRESCOTT STREETbw T^^sP.omf„ PAYMENT TERMS ON REVERSE. P.O.BOX 600 METER&BACKFLOW SERVICES _ • GARDINER,MAINE 04345 P.O.Box 600 210 SHEEP DAVID ROAD,CONCORD,NH 03301 Gardiner,ME 04345 Everett J.Prescott,Inc. TELEPHONE(207)582-1851 603)224-8425 FAX(603)224-3842 (207)582-5019 FAX(207)582-9118 ,ZAil —7,01-' 1 S T—r.,It I. v I tSit"tet: • • ii S>IL,R(A 11111111110161611 1 n _ tai,? 1!1 }'Ae l: ti: 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'i'erms: 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 roust be oracle: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 day of the month in which the 30th day falls.SER- VICE CHARGE IS IX%PER MONTH(13%A.P.R.)ON THE BALANCE OVER 30 DAYS OF AGE.THE BUYER AGREES TO PAY ALL COSTS AND EXPENSES OF COLLECTION,INCLUDING REASONAB.LE.A'I'OR_NEY'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)IS PLACED INTO PRODUCTION.All charges and costs incurred by EJP as a result of cancellations or order chant*es 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-perfomrance was the result of airy 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 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 goals 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 SUrfsaCC 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 tYom the date Buyer receives any products to inspect such products enol Services for defect 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 F:JP'S written consent. NO RETURNS ARE ALLOWED.AND.NO REFUNDS,WIL,L..BE MADE ON (i)PIPE OR(ii)SPECIALLY FABRICAI'ED OR ORDERED ITEMS.TI.JE SOLE AND EXCLUSIVE REMEDY FOR SUCH I'T'EMS ALLEGED TO BE DEFECTIVE IN WORKMANSHIP OR MATERIAL WILL BETHE REPLACEMENT OF THE ITEMS SUBJECTTO THE MANUFACTURER'S INSPEC- TION AND WARRANTY.All other retuned material is subject to a MINIMUM 25%RE-HANDLING CHARGE,plus transportation charges.Unless other- wise agreed by the Buyer and FIR 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 THAI'PROVIDED BY THE PRODUCT'S MANUF'ACT'URER.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 LIMITATIONr, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARITCLTLAR PURPOSE. LIiNDER NO CIRCUMSTANCES,AND IN NO EVENT. WILL,F...JP BE LIABLE FOR PF..R.SONAL.:INJURY OR PROPERTY DAMAGE OR ANY OTHER I...OSS,DAMAGE.COST OR RERAIRS OR INCI- DENTAL, PUNITIVE,SPECIAL, CONSEQUENTIAL,OR LIQUID,II`ED'DA,NIAGCS 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,TRANSPOR NFION.INSTALLATION,OR REPAIR OFTHE PRODUCTS SOLD BY EJP.BUYER ACKNOWLEDGES AND AGREES THAI'UNDER .NO CIRCUMSTANCES,AND IN NO EVENT, SHALL EJI:P'S LIABILITY. IF ANY.EXCEED THF..,NET SALES PRICE OF THE DEFECTIVE PRODUCT(S). •Entire Agreernent:This document constitutes,the entire,complete,and exclusive agreement between the parties with respect to the subject matter here- of and contains all the agreernents 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 rnanagement personnel of EJP.All transacdons shall be governed solely by the t.anns and conditions coruained herein.All purchase orders issued pursuant to an EJP quotation shall be deemed issued subject to all EJP teens and conditions herein contained.These terns and conditions shall supersede those of the Buyer. •Governing Law:This transactionshall be governed in all respects by the laws of the State of Maine(excluding choice of law provisions).All actions, re;.irdless 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 coats 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 ejp@ejprescott.com. EJP T&0-Revision Date 4:09 VOUCHER# 163101 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 5159040 01-6200-06 56.87 , 5�saig'43 `� 5cPg7 /p/b3/4 / 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 10/24/2016 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 10/24/201( 5159040 56.87 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. I"PA�G!E 32 Prescott Street P.O.Box 600 5157529 ]EIP, Gardiner,Me.04345.0600 10/13/16 5157529 Evereff J.Prescott,Inc. 4755 .WAREHOUSE:, 22O REMIT TEAM EJP W. Indianapolis WAREHOUSE> TEAM EJP W. Indianapolis ORIGINAL INVOICE TO> E.J. PRESCOTT INC. 9309 W. Washington St. P.O. BOX 350002 BOSTON, MA Indianapolis, IN 46231 02241-0502 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 ----GUST0MER-P-.0.-NO —__JOB-NAME—:'— OB.NO._ SLS_�L)ATE_DU _DATESbIPRED `"SHIPPING AAETNOD�__ VERBAL ALPHA STOCK 1 3.081 11/12/16 1 10/13/16 1 Our Truck PRODUCTUNE 1 56380 RM 6 ALPHA CPLG 660700 EA 2 234.78 469.56 RECEIVE YOUR INVOICES FASTERI!PLEASE CONTACT YOUR THANK YOUAMOUNT'; "": 469.56 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 1 :1, 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 • ATTORNEY'S EER Y'S FEREESES,AND EJP CLAIMS AA M O PAY ALL COSTS ANDEXPENSES OF LIEN UNDER APPLICABLE STATEINCLUDING S LAW. APPRECIATED. 469.56 APPRECIATED. i ne vrescott 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 forni agreeable to the applicable taxing authorities. If' 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 clays,no cash discounts allowed. Service Charges commence after 30 days and are calculated on the last day of the month in which the 301[h day falls. SERVICE CHARGE iS lY % 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 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 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, ifsuch 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 -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 specialpacking 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, nonconfornance 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, 1F ANY, IS THAT PROVIDED BY THE PRODUCT'S MANUFACTURER. EJP iVIAKES NO EXPRESS OR IMPLIED WARRANTIES. EJP HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, Wi-fETHER IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATiON, ALL IMPLIED WARRANTIES OF MERCiiANTABILITY 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 EJ13 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, reearclless 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 Street, P.O. Box 600, Gardiner, Maine 043=45.Telephone(207)582-1851. Fax (207) 582-5637. E-mail ejpC,)ejprescott.com. SEE CONDITIONS OF SALE AND PAYMENT TERMS ON REVERSE Pipalin®Specialists Everett J.Prescott Inc. PAGE NO: 1 32 Prescott Street P.O.Box 600 5159040 Gardiner,Me.04345.0600 P, INVOIbE.DATE�,`` 10/1416 PAI 1<069LIP,'0, 5159040 Everett J.Prescott,Inc. CUSTOMER`NO,i, 4 7 5 5 WAREHOUSE 220 REMIT TEAM EJP W. Indianapolis WAREHOUSE> TEAM EJP W. Indianapolis ORIGINAL INVOICE TO> E.J. PRESCOTT INC. 8309 W. Washington St. P.O. BOX 350002 BOSTON, MA Indianapolis, IN 46231 02241-0502 Telephone: 317-247-0005 SOLD TO> SHIP TO> CITY OF CARMEL UTILITIES CITY OF CARMEL UTILITIES 3450 W. 131st Street 3450 W. 131st Street Carmel, IN Carmel, IN 46074 46074 -—CUSTOMER-P:O.NO.--_ -----JOB-NAME=--'I-JOB-NO. S. ' 0A-E-DUE- DATE-SHIP.-PED __- - 1 SHIP_E)QIG METHOD _ VERBAL STOCK 1 1 2.081 11/13/16 10/14/16 Our Truck PRODUCTQUANTITY 1 55695 F 6X7 FLS1 REP CLAMP 684724 EA 1 56.87 56.87 RECEIVE YOUR INVOICES FASTERII PLEASE CONTACT YOUR THANK YOU AMOUNT,-- 56.87 LOCAL OFFICE FOR FAX OR E-MAIL OPTIONS-GO GREENI FOR YOUR BUSINESS! TAX. .00 PLEASE NOTE: OUR TERMS FREIGHT 00 ARE NET 30 DAYS.YOUR .00 SERVICE CHARGE IS 1 1/2%PER MONTH(18% -P.R.)ON THE BALANCE OVER 20 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. Neill M 56.87 I Fie rrubt;u.t %.vinNdnles 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. •T'axes: Prices do not include any present or ftrture federal,state,or local taxes(including,without limitation,sales tax,use tax,excise tax,or otherwise) unless specifically stated. It is the responsibility of tate 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 301h day falls. SERVICE CHARGE IS 1'/z `% PER MONTH (18% A.P.R.) ON TIME 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) 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 taith 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 (lie 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, ii'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 M.ATERiAL 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, 1F ANY, IS THAT PROVIDED BY THE PRODUCT'S MANUFAC'T'URER. EJP MAKES NO EXPRESS OR IiVTPLIED 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 CONNECTION WiTH THE DESIGN, MANUFACTURE, SALE, TRANSPORTATION, INSTALLATION,OR REPAIR OF THE PRODUCTS SOLD BY EJP. BUYER ACKNOWLEDGES AND AGREES THAT UNDiER 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 the parties with respect to the subject matter hereof and contains all (lie 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 other-,vise 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 betvween the Buyer and EJP shall be brought in the Coutts 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@ejprescott.com. SEE CONDITIONS OF SALE AND PAYMENT TERMS ON REVERSE Pipeline Specialists Everett J.Prescott Inc. PAGE NO, 1 32 Prescott Street 1EIP P.O.Box 600 5159843 Gardiner,Me,04345.0600 INVOICE DATE` 10/19/16 PAcK!NG'SLIP'No.,, 5159843 Everett J.PfeSCOB InC. CUST6ME64, 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----SOB-NO; -=SLS.- - A,TZ-DU DATE,SHIRPE — VERBAL ISTOCK I 1109111/18/16 1 10/19/16 jOur Truck • 1 55695 F 6X7 FLS1 REP CLAMP 684724 EA 1 56 .87 56.87 RECEIVE YOUR INVOICES FASTERII PLEASE CONTACT YOUR THANK YOU AMOUNT;.,-_,; 56.87 FOR YOUR BUSINESSI TAX00 LOCAL OFFICE FOR FAX OR E-MAIL OPTIONS-GO GREEN! 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 ATTORNEY'S FEES,AND EJP CLAIMS A MECHANICS'S LIEN UNDER APPLICABLE STATE LAW. APPRECIATED. 56.87 The Prescott Companies Everett J. Prescott, Inc. (EJP) Terms and Conditions of Sale • ili-ices; All prices are subject to change without notice, except where Firm quotations have been provided in writing by authorized management personnel or EJP. • "rases: Prices clo not include any present or future Federal. state;or local taxes (including,without limitation,sales tax, use tax,excuse 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. 1l EJP is required to prepay any such tax, Buyer will reimburse EJP in full upon demand. • Payment Terms: EJP Open Credit accounts are established [or 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 ol'delivery. Commercial Credit terms are Net 30 days. no cash discounts allowed. Service Charges commence alter 30 days and are calculated on the Inst day of the month in which the 30th day falls. SERVICE. CHARGE IS 1!%z °,o PER MONTH (Ifi`io A.P.R.} ON THE BALANCE- OVER 30 DAYS OF AGE. THE BUYER AGREES TO PAY ALL.COSTS AND EXPENSES OF COL.LI:'.CTION, 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 ETP, and, in the case of-Open Account Sales,approval of the EJP Credit Department. • Cancellations: SPECIAL. OR NON-STOCK f'l'I MS MAY NOT BE CANC'I.-'L,L.ED OR RETURNED AFTER THE PRODUCT(S) 1S PLACED INTO PRODUCTION. All charges and costs incun-ed by EJP as a result of cancellations or order changes will be billed to the Buyer. • Delivery: FJP will make a rood faith effort to complete delivery of fhe products; provided, however, that EJP assumes no responsibility or liability for loss or damage clue to delay or inability to deliver, it such non-performance was the result of any events or circumstances beyond the control of EJP, includin-. but not limited to, acts of God, war, labor difficulties. fire, accidents, inability to obtain materials, and delays of carriers; contractors, suppliers, or manut<rcturers. Under no cirewnstances 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. • destination for all items including pipe, unless otherwise indicated in writing. Risk of Shipment: Shipment of all products is to one given loss shall transfer to the Buyer upon tender of goods to Buyer.. Buyer's representative, or common carrier. The cost oFany special packing or special handling causecl 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'[--,'JP ships or delivers the products erroneously as a result of inacctratc, 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 surlttces only. Any damage or lowing charges resulting from "non hard surlace deliveries" shall be (lie responsibility of the Buyer. • Inspection and :Acceptance: Claims fear danage. shortage or errors in shipping must be reported within 10 days following delivery to Buyer. Buyer shall have 10 days From alae date Buyer receives any products to inspect such products and services for defects and nonconformance and notify E.IP, in writing, of anv detects. nonconformance or rejection ol'such products. After such 10 day period. Buyer shall be deemed ro 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 EJP'S written consent. NO RETURNS ARE ALLOW131) .AND NO REFUNDS WILL BE MADE ON (i) PiPE- OR (ii) SPECIALLY FABRICA'T'ED OR ORDERED ITEMS. THE SOLE AND EXCLUSIVE REMEDY FOR SUCH ITEMS ALLEGED TO BE DEFECTIVE 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 35°/o RE-HANDLiNG CI-IARGE; plus transportation charges. Unless otherwise agreed by the Buyer and E`JP, all credit for returned material will be applied to future orders, subject to approval by the EIP Credit Department. • NVarranty: 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, WFIETFIER IMPLiE_D 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.113 BL 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 OTi-IER CAUSE OF \CTiON ARISING IN C'ONNECTiON 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 EiP'S LIABILITY. IF ANY, EXCEED THE NET SALES PRICE OF THE DEFECTIVE PRODUCT(S). • Entire A(,reement: This documenr constitutes the entire, complete, and exclusive agreement between the parties wirh respect to rhe subject matter hereof and contains all the agreements and conditions of sale: tui 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 signet[ by authorized management personnel of ETP. 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 tennis and conditions shall Surpersedc those of the Buyer. • Governing Law: This transaction shall be governed in all respects by the laves 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 shall be brought in the courts ot'the State of Maine within the applicable statutory period. • Communications: Payments only should be directed to: E.J. Prescott, Inc., P.O. Box 350003, Boston, MA 02341-0503. All other correspondence and inCluiries should be directed to your local I .IP Division. The Home OFfrce address is 32 Prescott Street. P.O. Box 600, Gardiner, Maine 04345. Telephone(207) 582-1851. Fax(207) 553-5637. E-mail cjprq)cjprescott.com. Pipeline Specialists EVERETT J.PRESCOTT,INC. FZAAF77FGardinerME �'� HOME OFFICE SEE CONDITIONS OF SALE AND 32 PRESCOTT STREET "•"'°" PAYMENT TERMS ON REVERSE. �� P.O.BOX 600 METER&BACKFLOW SERVICESGARDINER,MAINE 04345 _Everett J.Prescott,Inc. TELEPHONE(207)582-1851 210 SHEEP DAVID ROAD,CONCORD,NH 03301 S ( 1 Y T'(603)224-8425 FAX(603)224-3842 207)582-9118 sJ,;`1...� ti,J�F��X- 't '�"1 i I"l.. . ,i1 hv .� ii 5-3:30.1 zIaj:' o`t ! ,,,, rx.h is 7.. �r k ��/ ;h�. ?71 6 ��•� T't/" .tt_ t B• • F 9�F C,Q it 7 '_'•I,>L5:.Yh 11L`..I 1:5.-�r�l�r._' 1. . .�il.l,i( `11�d,!�i e.. - • 1 nr 1 7 '1 C !1 7/16 -io1J0 i? �.•.._.:3.1. • I�r _!.V JV,7 4,1 CUSTOMER COPY • SPECIAL INSTRUCTIONS • 4,t=A'ea Gs CARMEL I�! % L ? LII S C-7+ F' OF : ?'��.�F:x, Ute�"i,.i.`.l'I ES 3�!50 1. 131st Si.1'neez, W. 1 .% 1 s'i; :�i.3.e e't PI-I0i1E ,`. 317 733 28G15 FAX til: 317 733 2053 CUSTOMER P.O.NUMBER JOB NAME JOB NO. SLS SALES PROMISE DATE SHIPPING METHOD r ••T, -;,,,; -,• r}r ,, iFZ<?��, OCT� ? 3E3 � /2t�,/16 SLR TT-�Uisl;. 5i '39040 PRODUCT NO. DESCRIPTION UNIT PRICE EXTENDED AMOUNT '4 t. 556c)7_ a 6:x'1 �LS I REP C-L'I -1F 68 4 724 E A s. �1) 9} 107 1 e, 70, G ❑ PREPAID SHIPPEDo = 0 OUR TERMS ARE NET 30 DAYS. AMOUNT El COLLECT ALL SALES ARE SUBJECT TO THE TAX a/o TERMS AND CONDITIONS OF SALE FREIGHT El PICK UP ( F�j� 'y'' ON THE REVERSE SIDE 4LL CLAIMS FOR SHORTAGES,DAMAGES,AND ERRORS IN THIS SHIPMENT MUST BE MADE IMMEDIATELY AND NOTED HEREON OR RECEIVED BY DATE RECEIVED NE WILL NOT ASSUME ANY RESPONSIBILITY FOR SAME,IF DELIVERY WAS MADE BY COMMON CARRIER,CLAIMS MUST BE FILED NITH 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.A SERVICE CHARGE WILL BE CHARGED ON X4 Bill BAST DUE BALANCES. E.J. Prescott, Inc. Terms and Conditions of Sale •Prices:All prices are subject to change without notice,except where time 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.Itis the responsibility of the Buyer to pay at]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:clay of the month in which the 30th clay falls.SER- VICE CHARGE IS B4%PER MONTH(189',,A.PR.)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-1 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:RIP 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,mclud- 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 carder.The cost of any special packing or special hurdling caused by Buyer's requirements or requests shall be added to the amount of the archer.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. •Inspection and Acceptance:Claims for clmnage,shortage or errors in shipping must be reported within 10 clays following delivery to Buyer.Buyer shall have,[0 days from the date.Buyer receives arty 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- r` ucts,if not reviousl accepted.After such acceptance,Buyer shall have no right to reject product,,,for any reason or to revoke acceptance.Buyer here- by y' P P" J P P by agrees that such 10 clay 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 RENIEDY 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 251k 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 Depart Inc nt. •Warranty:THE BT TYER'S SOLEAND EXCLUSIVE y'VARRANgY,IFANY,IS THAT PROVIDED BY TIIE PRODUCT'S MANUFACTURER,EJP MAKES NO EXPRESS OR IMPLIED WARRANTIES, EJP HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES. WHETII.ER IMPLIED BY OPERAL'ION 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 INC[- DENTAL,PUNITIVE,SPECIAL,CONSEQUENTIAL,OR LIQUIDATED DAMAGES OF ANY KIND.WHETHER BASED UPON WARR:ANTY, CONTRACT. STRICT LIABILITY, NEGLIGENCE OR ANY OT14F..R CAUSE.,OF ACTION AWS.ING.IN CONNECTiON WITH THE DESIGN, MANUFACTURE.SALE,TRANSPORTATION.INsT.ALLATION.OR REPAIR OF THE PRODUCTS SOLD BY EJi?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). •F.,ntire Agreement:This document constitutes the entire,complete,and exclusive agreenient 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 terns 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:enns 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:Tbis 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 app'licab'le statutory period. •Communications:Payments only should be directed to:E.J.Prescott,Inc.,P.O.Boa 350002,Boston...MA 0224.1-0.502.All tither 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)552-5637.E-mail ejp@ejprescott.com. EJP TBe-Revision mato 4.109 Pipeline Specialists EVERETTJ.PRESCOTT INC. TElago 'c`�'� HOME OFFICE � PEP SEEPAY CONDITIONS OF SALE AND 32 PRESCOTT STREET L^^hn°"��°°^ r PAYMENT TERMS ON REVERSE. • P.O.BOX 600 METER&BACKFLOW SERVICES P4 GARDINER,MAINE 04345 P.O.Box 600 7 Y Everett J.Prescott, TELEPHONE 207 582-1851 210 SHEEP DAVID ROAD,CONCORD,NH 03301 Gardiner.ME 04345 �^ (603)224-8425 FAX(603)224-3842 (207)582-5019 FAX(207)582-9118 1.T'�.� •}°"`;`-" __j of • r,"i 11 9 Qa t',Ci) i'i `),�( it7 • 117f7c1 %7 i 1IJa��aQ / 1_6 �r�rr1 ,f,JjJ, e,p`d'- ;.1i%1✓1° j- r � .t� • • r, CUSTOMER COPY Ou SPECIAL INSTRUCTIONS i^nrs.r T •'7'• �_..'_,•^, r=.._:htp T Pte..-•7 • —'T R 3. _f' `_'-AlUIELs U -'J_.t.$�T4.°S . 1 r J, iw11' i..d^�_=�SVIE J..s c� ''p I 1'` S 4 L L i Jr � Yqqh � �,•!� (a c ;Ll 1 t' f 1 3 15 L 4::'L..1 e'v'L, f�11>>,'�''`.,l { • LSI i`J!44t.� 317 3 2855 FA X 3.L7 733 2@53 CUSTOMER P.O. NUMBER JOB NAME JOB NO. SLS SALES PROMISE DATE SHIPPING METHOD c; ,; - :70V(17-7 PRODUCTERBAL NO.I DESCRIPTION •' • UNIT PRICE 0111111111 mg 6 L-1113 l ' I• Gd'-."7 F L N L REP CLAMP 684'724 1A ❑ PREPAID Z LOX"I Z R1 SHIPPED VIA : OUR TERMS ARE NET 30 DAYS. AMOUNT El COLLECT ALL SALES ARE SUBJECT TO THE TAX % ❑ PICKUP c..; s' yTERMS AND CONDITIONS OF SALE FREIGHT ON THE REVERSE SIDE .L CLAIMS FOR SHORTAGES,DAMAGES,AND ERRORS IN THIS SHIPMENT MUST BE MADE IMMEDIATELY AND NOTED HEREON OR RECEIVED,B_Y_..f DATE RECEIVED E WILL NOT ASSUME.ANY RESPONSIBILITY FOR.SAME.IF DELIVERY WAS MADE BY COMMON CARRIER,CLAIMS MUST BE FILED r r U•c I ITH THE CARRIER UPON RECEIPT OF GOODS.NO MERCHANDISE WILL BE ACCEPTED FOR RETURN OR ADJUSTMENT UNLESS �!rr KITTEN AUTHORIZATION IS ISSUED.PRICES SUBJECT TO CHANGE WITHOUT NOTICE.A SERVICE CHARGE WILL BE CHARGED ON ;'y'l 0= • .ST DUE BALANCES, X'" E.J. Prescott, Inc. Terms and Conditions of Sale •Prices:All prices are subject to change without notice,except where tum quotations have been provided in writing by authorized management personnel of E.iF •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 Bayer furnishes to EJP a tax exemption certificate in a form agreeable to the applicable taxing authorities.If EJP is required to prepay tiny such tax.Buyer will reimburse EJP in full upon demand. • Payment Terms: EIP 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 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 IY2%PER MONTH(18%A.P.R.)ON THE BALANCE,OVER 30 DAYS OF AGE.THF...BUYER AGREES TO PAY ALI...COSTS AND EXPENSES OF COLLECTION,INCLUDING REASONABLE<V17ORNEY'S FEES,and EJP claims a mechanic's lien under applicable state taw. •Acceptance by 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 tire EJP Credit Department. •Cancellations:SPECIAL OR NON-STOCK.ITEMS MAY NOT BE CANCELLED OR RETURNED AFTER THE PRODUCT(S)IS PLACED INTO PRODUCTION.All characs and costs incurred by EiP as a result of cancellations or order changes will be billed to the Buyer. •Delivery:EJP will make a good faitb effort to complete delivery of the products;provided,however,that ETP 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 circurnstances shall EJP be liable for any special.consequential,incidental.indirect,or liquidated damages,losses,or expense (whether or riot based on negligence)arising directly or indirectly from delays or failure to give notice of delay. •Shipment:Shipment or 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 arnount of the order.If Buyer causes or requests a shipment delay,or if ESP ships or delivers the products erroneously as a result of inaccurate,incomplete ormisleading 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 EJI''s responsibility ceases upon tender of goods io Buyer,Buyer's representative or Common carrier.Delivery will be made on hard surfaces only.Any dam- age or towing-charges resulting from"tion 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 i0 clay,period,Buyer shall be deemed to have irrevocably accepted the prod- ucts.if not previously accepted.After such acceptance,Buver 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 A1.1-OWED AND NO REFUNDS WIL.I...BE MADE ON (i)PIPE OR(ii)SPECIALLY FABRiC:ATED OR ORDERED ITEMS.TILE SOLE AND EXCLUSIVE REMEDY FOR SUCH ITEMS ALLEGED TO BE DEFECTIVE_.IN WORKMANSHIP OR MATERIAL WILL BE THE REPLACEMENT OF THE ITEMS SU BJECT TO THE MANUFACTURER'S I.NSPEC'- TION AND k ARRANTY.All other returned material is subject to a MINIMUM 251"o 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:TETE BUYER'S SOLE:AND EXCLUSIVE WARRANTY,iFANY,IS'THNI'PROVIDED BY'IHE PRODUCT'S MANUFACTURER.E.IP MAKES NO EXPRESS OR IMPLIED WARRANTIES. EJP HEREBY DiSC:LAIMS ALI,EXPRESS OR IMPLIED WARRANTIES. WHETLIJ-,R IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WiTHOU'T LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FiTNESS FOR A I?ARITC::ULAR PURPOSE. UNDER NO CIRCUMSTANCES,AND IN NO EVENT. WILL EJP BE LIAB1...E FOR PERSONAL..INJURY OR PROPERTY DAMAGE OR.ANY OTHER I..OSS,DAMAGE.COST OR R.EP.-\IRS OR INCA- DENiAL.PUNITIVE, SPECIAL,CONSEQUENTiAL,OR LIQUIDA'T'ED DAMAGES OF ANY KIND,WHETHER BASED UPON NVARf"ANTY 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. BU Y ER 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 eonsdaites die 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 may not be adder{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 teens 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 time laws of the State of Maine(excluding choice of law provisions).All actions, regardless of form,arising out of or in cnnection with this transaction,the products sold by EJP,or the relationship between the Buyer and EJP shall be brought in the courts of the Suite of%4,iine 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 T&C-Rm,sion Data 4i09 Pipeline Specialists EVERETTJ.PRESCOTT,INC. sAEA9- '"�'� HOME OFFICE21 PAYMENTTERMS ON EVERSE. SEE DS P� 32 PRESCOTT STREET • P.O.BOX 600 METER&BACKFLOW SERVICES GARDINER,MAINE 04345 P.O.Box 6�(207) :SALIE'S 'J t `7 Everett J.Prescott,Inc. TELEPHONE 207 582-1851 210 SHEEP DAVID ROAD,CONCORD,NH 03301 Gardiner, (603)224-8425 FAX(603)224-.3842 (207)582- F{ dr rI' I C K E� j SI k� 'V r nct, ✓w_n.C.;O01 ,� .77-- -AR. �.7�:� �"J : t � w .� J , 1'tt, r't)t4;;7 �• 1L}rlt.l'c =0%12/3G ic)i`:i t'.j'� i l':' i_ -?.',,3r's_� ti• - 1.:�',] • • ala tG 1 55 CUSTOMER COPY WEII ite�� SPECIAL INSTRUCTIONS ."TY 0Y CA!,"IE UTILITIES IES T Y OF ArrAiWIIEL 3.}T:f 4r y 10'YES) :'i . L D'�2 �i 3H`_i�i. Street �i cl E't'0 Ill , 1�.:.}t� L. �:J t,i. e ��� 317 7 33 2D5.3 CUSTOMER P.O. NUMBER JOB NAME JOB NO. SLS SALES PROMISE DATE SHIPPING METHOD 'BAL ki,PHA ,31:+TCDC'K 108 'GG 10 '14/16 'Jll'R T1-7,L, K 220 PRODUCT NO.I DESCRIPTION SHIPPED B/O UNIT PRICE 1 n. V A� ❑ PREPAID SHIPPED VIA m : OUR TERMS ARE NET 30 DAYS. AMOUNT ❑ COLLECT ALL SALES ARE SUBJECT TO THE TAX TERMS AND CONDITIONS OF SALE FREIGHT El PICKUP (;�jC ON THE REVERSE SIDE 4LL CLAIMS FOR SHORTAGES,DAMAGES,AND ERRORS IN THIS SHIPMENT MUST BE MADE IMMEDIATELY AND NOTED HEREON OR RECEIVED'BY .,� , DATE RECEIVED NE WILL NOT ASSUME ANY RESPONSIBILITY FOR SAME.IF DELIVERY WAS MADE BY COMMON CARRIER,CLAIMS MUST BE FILED q i-r'Vb;� .l E ri 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 EJl •'Gazes:Prices do not include any present or future federal,state,or local taxes(including„without limitation,sales tax,use tax,excise tax,or otherwis( 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 ar shall be pais[by the Buyer.unless the Buyer furnishes to EJP a tax exemption certificate in a form agreeable to the applicable taxing authorities.If EJP required to prepay any such tax..Buyer will reimburse EJP in full upon demand. • Payment'Perms: F...JP Open (.credit accounts are established for commercial, non-consumer use only. Unless an approved commercial Open Credi account is established.payment in good finds or approved check must be made before or at time of delivery.Commerciai Credit terms are Net 30 days no cash discounts allowed.Service Charges commence after 30 clays and are calculated on the last clay of the mouth in which the 30th day falls.SER- VICE CHARGE IS 1;591 PER MONTI I(18%,A.P.R.)ON THE 13ALANCE 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 FJP: All orders from the Buyer are subject to acceptance by authorized personnel of EJP.and, in the case of Open Account Sates. approval of the EJP Credit Department. •Cancellations:SPECIAL.OR NON-STOCK.ITEMS MAY NOT BE CANCELLED OR RETURNED AFTERTHE PRODUCT(S)iS PLACED INTO PRODUCTION.All charges and costs incurred by EIP as a result of cancellations or order changes will be billed to tine Buyer. •Delivery:EJP will male 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-perfornance was the result of any events or circumstances beyond the control of E.i P.includ- ing,but not limited to,acts of God,war,labor difficulties,fire,accidents,inability to obtain materials,and delays of carriers,contractors.suppliers.or mamrfacturers.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 orf 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 E.IP's responsibility ceases upon tender of goods to Buyer,Buyers representative or common carrier.Delivery will be made on hard surfaces only.Any danr- age or to-wing charges resulting,from"non hard surf•tce deliveries"nes"shall be the responsibility of the Buyer. 0 •inspection and Acceptance:Claims for damage,shortage or errors in shipping nest be reported within 10 days following delivery to Buyer.Buyer,hall have 10 days front 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 clay 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 retuned without EJP'S written consent.NO RE FURNS ARE ALLOWED AND NO REFUNDS WILL,BE MADE ON (i)PIPE OR 60 SPECIALLY FABRICATED OR ORDERED FI EMS,THE SOLE AND EXCLUSIVE REMEDY FOR SUCH ITEMS ALLEGED TO BE DEFECTIVE IN WORKMANSHIP OR MATERIAL WILL...BE THE REPLACEMENT OF THE ITEMS SUBJECTTOTi-IE 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, •"arrantt: t HE BUYER'S SOLE,AND EXCLUSIVE WARRANTY,IFiANY,IS'TH"kFPROVIDED BY'IHE PRODUC'T'S MANUFACTURER.EJP MAKES NO EXPRESS OR IMPLIED WARRANTIES. EJP HEREBY DISC:LAiMS ALL.EXPRESS OR IMPLIED 6VARRANTIFS. 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,ANi?IN NO EVENT. Wit.d-,F...:JP 13E LIABLE FOR PERSONAI.INJURY OR PROPERTY DAMAGE OR ANY OTHER LOSS,DAMAGE.COST OR REPAIRS OR INCI DENTAL.PUNITIVE,SPECIAL,CONSEQUENTIAL,OR LIQUIDATED DAMAGES OF ANY KIND,WI-IETHER BASED UPON WARRANTY, CONTRACT. STRICT LIABILITY,NEGLIGENCE OR ANY OTHER CAUSE OF ACTION AR-TSING 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 F,JP'S LIABILITY. IF ANY.EXCEED THF..,NETSALES PRICE OF TILE 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 teens 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 incl 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 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 Office address is 32 Prescott Street,P.O.Bon:600,Gardiner,Maine 04345.Telephone (207)582-1851.Fax(207)582-5637.E-mail ejp@ejprescott.com. EJP T&C-Fl,.vision Uatc 4109