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192803 12/15/2010 CITY OF CARMEL, INDIANA VENDOR: 088550 Page 1 of 1 a ONE CIVIC SQUARE EVERETT J PRESCOTT INC CHECK AMOUNT: $216.50 CARMEL, INDIANA 46032 PO BOX 350002 BOSTON MA 02241 -0002 CHECK NUMBER: 192803 CHECK DATE: 12/15/2010 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 4342946 60.75 OTHER EXPENSES 601 5023990 4346717 155.75 OTHER EXPENSES nme�s�'D Pipeline Specialists EVERETTJ. P OFFICE T, INC. SEE CONDITIONS OF SALE AND HOME OFFICE r l� PAYMENT TERMS ON REVERSE. r 32 PR STREET P.O. O. BOX BOx 600 PAGE NO. GARDINER, MAINE 04345 METER BACKFLOW SERVICES P.O. Box 600 210 SHEEP DAVIS ROAD. 3 CONCORD, NH 03301 Gardiner, ME 04345 p p 43A. 25 Everett J. Prescott, Inc. TELEPHONE (207) 582 1851 207 582 5019 FAX 207 582 9118 603 224 -84 FAX 60 224 -3842 I I INVOICE DATE 1 REMIT T -.AM EJP W. Indianapolis WAREHOUSE rE -AI °I EJP W. Indianapolis PACKINGSLIPNO. 434294Z TO> E. .J. PRESCO17 INC. 8309 W. WaShi.ngt0r1 St,, CUSTOMER NO: 4755 P.O. BOX 350002 WAREHOUSE P-- B(-IS•1 (31 MA Indianapolis, IN 462 31 02241 -0502 Telephone: 317 247 -0005 ORIGINAL INVOICE SOLD TO> CITY OF CARMEI UTILITIES SHIPTO CITY OF CARMEL U TIL_I -PIES 3450 W. 131st Street 3450 W. 131st Street C; ar IT. e II \1 Ca IN 46074 46074 CUSTOMER P.O. NO. JOB NAME JOB NO, SLS. DATE DUE DATE SHIPPED SHIPPING METHOD CP.(.G S 06 1.2/29/1 11/29/1 Our Trucl< ••oo Inc moo o M 11 mom ow9 m @mgmmong 1 [:1.91.2 W HYD DRAIN PLUNGER 7 EA 3 20.25000 60.7: TI -TANK YOU FOR YOUR BUSINE WE ARE DOING ALL- WE CAN THANK YOU AMOUNT 60.7 TO KEEP PRICE'S FAIR I1`4 THI UNCEIz ECONOMY. FOR YOUR BUSINESS! tax 7.000 .0 TI-1E PRICES ARE EASED 01\1 30 DAY PAYMENT. YOUR HF_.L_.P IS PLEASE NOTE: OUR TERMS FREIGHT .00 NIHE:DEJD AND APPRECIA rED. EMPLOYEE OF TEAM EJP. ARE NET 30 DAYS. YOUR Other .00 SERVICE CHARGE IS 1f% PER MONTH (18 %A.P.R.) ON THE BALANCE OVER 30 DAYS OF AGE. THE BUYER HELP IS NEEDED AND u@m AGREES TO PAY ALL COSTS AND EXPENSES OF COLLECTION, INCLUDING REASONABLE ATTORNEY'S FEES, 60. AND EJP CLAIMS A MECHANIC'S LIEN UNDER APPLICABLE STATE LAW. APPRECIATED. E.J. Prescott, Inc. Terms and Conditions of Sale Prices: All prices are subject to change without notice, except where runt quotation, have been provided 'in writing by authorized managerne nt personnel of EiR Taxes: Prices do not include any present or future federal, state. or hwal taxes tine hiding, without litrmtauort, Sa[ea tax. uea tax, excise taro, nr otherwise) unless specifically stated. It is file r esponsibility of the Buyer to pay all such tuxes. Tuxes where applicable may be added to the price of the products ,rntl shall be pair[ by the Buyer. unless the Buyer furnishes to EJP a tart: exemption certificate in a form agreeahle to the applicable taxing authorities. If E.IP is re(luired to prepay any such tax. Buyer will reimburse EJP in full upon demand. Payment 'Germs: EJP Open Credit account are established for commercial, ncnt- 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 tertns are Net 30 (lays, no cash discounts allowed- Service Charges commence after 30 days and are calculated on the last day of'the month in which the 30th day falls. SER- VICE CHARGE IS 1�4% PER MONTH (I S% A.PR.) ON THE BALANCE OVER 3t) DAYS OF AGE. THE_, BUYER AGREES TO PAY" ALL COSTS AND EXPENSES OF COLLECTION, INCLLI DING REASONABLE xi TORNEY S FEES, and EJP claims a mechanic`s lien under applicable.state law. Acceptance by F„JP: All orders from the Buyer art; 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 itiIAY NOT BE CANCELLED O.R. 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: ElP will make, a good faith effort to complete delivery of file products; provided, howeeer, that EJP ussumes no responsibility or liability for loss or damage due to delay or inability to deliver, if such non- periornrttoce was the result of Any events or circmuStances bevond the control of EJP. includ- ing, but not lirbited to. acts of Gott, war, labor difficulties, fire, accidents, inability to obtain materials, and delays of carriers, contractors. suppliers, or ruanufacturers. Under no circumstances shall EJP be liable for amy special. consequential. incidental. indirect, or liquidated damages, losses, or expense twhetheror 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 desnuation forall items includin• pipe, unless otherwise indicated ill writing, Risk ofl)ss shall trans- fer to the Buyer upon tender of goods uIlluver, Buyer's representaadve, or common carrier. The cost of any special packing or special handling eaused 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 Ierroneously 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. Clairns for products damaged or lost in uransil- should be made by Buyer to the carrier, as EJP's responsibilty cease: upon under of goods to Buyer, Bayer'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: Claim, for damage, shortage or error:; in shipping nrus0e reported within 10 days following delivery to Buyer. Buyer shall have 10 (lays 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 :rejeclion of such products. After such 10 day period, Buyer shall be deemed to have irrevocably accepted the protl- tiers. 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 .N(} REFUNDS WILL BE MADE ON tit PIPE OR (ii) SPECIALLY FABRICATED OR ORDERED ITEMS. THE SOLE AND EXCLUSIVE REMEDY FOR SUCH ITEMS ALLEGED T'O BE DEFECTIVE IN WORKMANSHIP OR MATERIAL WILL BE THE REPLACEMENT OF THE ITEMS SIJ BJECT TO THE MANUFACTURERS INSPEC- TION AND WARRANTY. All other returned material is subject to a MINIMUM 25 RE- HANDLING CHARGE, plus transportation charges. Unless ntJter- wise agreed by the Buyer and PIP. all credit for returned ma terial 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 TI IAT 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 INCI- DEN "fAt. PUNITIVE, SPECIAL, CONSEQUENTIAL, OR LIQUIDATED DAMAGES }F ANY KIND. WIIEr IER I3ASED UPON WARRANTY, CONTRACT. STRICT LIABILITY, NEGLK)ENCE OR ANY OTHER CAUSE OF ACTION ARISING IN CONNECTION WITH THE DESIGN. MANL €FACTURE.. SALE, TRANSPORTATION. INS'TALLPVFJON. OR REP-MR OF THE PRODUCT'S SOLD BY EJP. BUYER ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, AND IN NO EVENT. SHALL F.JP'S LIABILITY. IF ANY EXCEED THE NEI' SALES PRICE. OF THE DEFECTIVE PRODUCIF(S). Entire .lgreement: This document constittites the entire, complete and exclusive agreement between the parties with respect to the subject matter here- of and conlains all the agreements and conditions of sale; no course of dealing or usage of the nude shall he applicable unless expressly incorporated here- in. The tertns and conditions contained herein inay not be added to- rnodified, superseded or otherwise altered except b a written modification signed by authom management p�ersotmel of EJP. All transactions shat[ be governed solely by the terms and conditions contained herein. All purchase orders issued puktrsnt to an EJP quotation shall be deemed issued subject to all EJP terms and conditions herein contained. These "ternrs and conditions shall supersede tense of the Buyer. Governing Liiv: This transaction shall be governed in all respects by the laws of the State of-Maine (excluding choice of law provisions). All actions, regartllcss of form, arising out of or in connection with this transaction, the products sold by EJP, or die relationship between the Buyer and EJP shrill be brought iii -the Courts of the State of Maine within the applicable stmitory period. Conununieations: Payments only should be directed to: E.J. Prescott, Inc., P.O. 'Box :I50002, Boston, .MA 0-'__'41 -0502. All other correspondence and inquiries should be directed to your local EJP Division. The Home Office addresN is 32 Prescott Street, P.O. Box 600, Gardinct. Maine 04345. Telephone (20 582_it 51. Fax (207) 582 -5637. E -mall 111 1�Ipres att.com. E.1P TRC nevi«ion Emu, 4 %D9 E escott ecialists EVERETT J. PRESCOTT, INC. SEE CONDITIONS OF SALE AND HOME OFFICE LJ V�L PAYMENT TERMS ON REVERSE. 32 PRESCOTT STREET P.O. BOX 600 T L!O:] PAGE NO GARDINER MAINE 04345 METER SAC P1.0, Bex 600 210 SHEEP DAVIS ROAD, Gardiner, ME 04345 Inc. TELEPHONE (207) 582 -1 603 224 8425 FAX b0 (207) 582 -50 9 FAX (207) 582 -9118 INVOICE DATE 1 .1 f -9/ 1 REMIT lIEAl "I EJP W. lTidi. {_arIr_apo1is WAREHOUSE fFAM EJP W. Indianea.po:l.iss PACKING SLIP NO. 4 34 5624 TO> E,,J. PREOCO "1 €7 Ild',:,, 8209 W. W<ISI wit,, CUSTOMER NO. 47`'>` P.O. BO X 3750002 WAREHOUSE Ei0- T01 t1A Indi IICJ 462:3 02241- --0502 Telephone-. 317- 247 -0005 O RI G INAL INV SOLDTO.> CIT Of=' CARME:L UT1.1_ TIES SHIPTO> CITY. OF CARMEL, l)TILI'T'IE S ;34•x0 W. 131st Strcae1, ,34=50 W. 1315t Street I t_ is r ITI c• I, Ca r wt e 1. I N 46074 46074 CUSTO P.O. 'NO. JOB NAME JOB NO. SLS. DATE DUE DATE SHIPPED SHIPPfNG METHOD VERBAL. STOCK 06 12/29/10 11 /23/ 1 Our Trur_ 10XlE 1-1 REH CLAMI 110 I= Pi Qv(jUQ H0. 0 BIJSJ E r- I_ ALA- E�f THANK YOU AMOUNT J20 UV 7. cioG TO KEEP PRICES rr1 "I1t IN THIS, lJNsEI2T {I:N ECEIrE011`r FOR YOUR BUSINESS! Tax I FIE PRICES ARE BASED ON 20 DAY PAYMENT. YOL)[R f EI TS' PLEASE NOTE: OUR TERMS FREIGHT NEEDED AND EMPLOYE S I_!I TI".AN EJP. ARE NET 30 DAYS. YOUR I SERVICE CHARGE IS 1%% PER MONTH (18% A.P.R.) ON THE BALANCE OVER 30 DAYS OF AGE. THE BUYER HELP IS NEEDED AND p AGREES TO PAY ALL COSTS AND EXPENSES OF COLLECTION, INCLUDING REASONABLE ATTORNEY'S FEES, 80.09 AND EJP CLAIMS A MECHANIC'S LIEN UNDER APPLICABLE STATE LAW. APPRECIATED. E.J. Prescott, lnc..Terms and Conditions of Sale Prices: All prices are subject io change without notice. except where limn quotations have been provided in w•ritin by authorized management personutel of EJP. 'Faxes: Prices clo not include any present or future federal. st ;ue, or focal taxes (including. without limitation, sales tax. use tax, excise tax, or otherwise') tortess 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 it tax exemption certificate in a formi i grectable _to the applicable taxing authorities, If EJP is recluired to prepay any such tax. Buyer will reimburse EJP in full upon deina rld. Payment Terms: EJP Open Credit accounts are established for commercial, 0011- CMISnnter use only. Unless an approved commeroiat Open Credit account is established, payment in goon 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 caleudaled on the last day'of the month in which the 30th day fatls. 4E.R- VICE CHARGE IS Ind; PER iMOiiNU I (I Sic A:P.R.) ON THE BALANCE OVf R 30 DAYS OF AGE, Tl-IE BUYER AGREES TO PAY AL.L COSTS AND EXPENSES OF COLLECTION, INCLUDING REASONABLE ATTOR :NEY S FEES, and EJPclaims it mechanic's lien underapplicable state line. acceptance by F JP: 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 LIP as a result of ewicellatioins or order changes will be billed to the Buyer. Delivery: EIP will make a good faith effort t0 complete delivery of the products; pro4ideo. however, that EJP. assumes no responsibility or liability for loss or damage due W delay or inability to deliver, if such non- pC&MIliance was the result ofany events or circumstances beyond the control of EJP. irrcltrd- ing, bul not limited to, acts of God, war, hibor difficulties', fire, accidents, inability to abtain materials, and delays of carriers; contractors, suppliers. or manufacturers. Under no circutrtslances 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 are failuma 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 shalt trans for to the Buyer upon tender of goods to Buyer, Buyer's representative, or common carrier, The coast of any special packing or special handling caused by Buy 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 as 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 PIP',, responsibility ceases upon tender of goods to Buyer, Buyer's representative or coamnon ctirrier. Deliveiy will tie made on hard surfaces only. Any darn age or towing charg, resulting from "non hard surface defiVCFiCS" shalt be the responsibility of the Buyer. "Inspection and Acceptance: Claims for damage. shortage of errors in shipping musi,be reported within 10 clays following delivery to Buyer, Buyer hall have 10 clays from the date Buyer receives any products to inspect Such products and services for defects and nna icon formiance and notify EJP, in writing, of any defects. noncorafortnataceor.rejecliou of such product.. After such .10 day period, liiaycr. shall tie deemed Az have in_evocably- accepted the pro d- uctS, if nol previously accepter. After Such acceptance, Buyer shrill 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: Malerials cannot be returned without EJP'S written conscrit. NO RETURNS ARE ALLOWED AND NO REFUNDS WILL 13E MADE ON [i1 PIPE ()R tail SPECIALLY FABRICNFEL) OR ORDERED ITEMS, THE SOI:f: AN I) EXCLUSIVE REMEDY FOR SUCH 1TEA75 ALLEC;ED TO BE DEFECTIVE IN WORKMANSHIPOR N1AfERIALWILL, BF THER,EPLACEMENTOFTHE ITEMS SUBJFCTTOTHE NIANUFACTURER'S INSPEC:- TiON AND WARRANTY. All other returned material is subject to a MINIil4UM 25 RE- HANDLING CHARGE, plus transportation charges. Unless other- Wke agreed by the Buyer and EJP. till credit for refunted material avill be applied to future orders, subject to approval by the EJP Credit Department, Warranty: THE BUYER'S SOLEAND EXCLUSIVE WARRANTY, IFANY, IS THATPROVIDED B'YTHE P116DUCT'S NIANUFACTURER. 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 OF HER LOSS, DAMAGE. COST OR REPAIRS OR INCI- DENTAL. PUNITIVE, SPECIAL, CONSEQUENTIAL, OR LIQUIDATED DAMAGES OF ANY KIND. WHETHER BASED UPON WARRANTY, CONTRACT. STRICT LIABILITY, NEGLICIF,NCE OR ANY OTHER CAI_ISE OF ACTION ARISING IN CONNECTION, WITH THE DEIG SN, MANUFACTURE. SALE. TRANSPORTATION. INSTALLATION. OR REPAIR OF THE PRODUC'T'S SOLD BY EJP. BUYER ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, AND IN NO EVENT. SHALL FJP'S LFA.BILITY- IF ANY. EXCEED THE NET SALES PRICE OF THE DEFECTIVE PRODUCT(S). E;ntire Agreement: This document constitutes the entire, complete, and exclusive agreement between the parties with respect to the subject matter here- of and contains at I the agreements and conditions of sale; no course of de ding or usage of the trade shall be applicable unless expressly incorporated here- in. The teams and c6nditions containers herein may not be added to, niodifaed, superseded Or wherwise altered except by a written modification signed by authori jed management perlomael 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 alt UP tents and condition, herein contained. These terms and conditions shall supersede those of the Buyer, Governing Larva This transaction shall be governed in Al respect's by the laws of the State of Maine (excluding choice of taw provisions). All actions, regardless of form, i rising ant of or in connection will1 this transaction, the pi o ducts Sold by EJP, or the relationship between the Buyer and EJP shall be brought in the counts of the State of Maine within the applicable. Statutory period. Communications: Payments only should be directed to. E.J. Prescott, Inc., P.O. Box 350001 Boston. MA 02241 -0502. All other conesponder,ce and inquiries should be. directed to ytnar local EJP Division. The; Home Office address is 37 Prescott Street, P.O. Box 600, Gardinc i. Mah1c. 03345, Telephone (207) 582- 1851. F<u (207) 582 56;;7. E -mail ejp(c "r(jprescott.co n. EJP r&C Revision Dam 4:09 Pipeline Specialists EVERETT J. PRESCOTT, INC. s SEE CONDITIONS OF SALE AND HOME OFFICE J PAYMENT TERMS ON REVERSE. 32 PRESCOTT STREET P.O. BOX 600 PAGE NO. GARDINER, MAINE 04345 METER BACKFLOW SERVICES P.O. Box 600 210 SHEEP DAVIS ROAD, CONCORD, NH 03301 Gardiner, ME 04345 O p 4.34 7 1. •�T EVefett J. PffSCO$, InC. TELEPHONE (2D7) 582 -18$1 603224 -8425 FAX 603 224 -3842 (207) 582 -5919 FAX (207) 582 -9118 INVOICE DATE 1 :1. /29 1 REMIT 71_: E` W In tl 1rRn c. `O1].S WAREHOUSE >TEA11 EJ P W Indianap PACKING SLIP NO. 4.:.3467 TO> F. «._i., PRI INC. H309 1,11. Ia1t_AShinl3t-OT) St•., CUSTOMER NO. f+t' 5 P 0 B13X 350002 WAREHOUSE 'P0 I(i1I, t'Ir"t 1nd zElT t>"po lzs, IN 46e".r3I 02.241— frame? Telcrpt o 31I-- 247- -7005 ORIGINAL INVOICE SOLD TO> (311 Y OF C(�F�ME.L. (J F IL.I�T'TES SHIP TO. >CI;fY O CAF ?I1EL._ 1.JT:IL ITX1: 0 W. t,31.ti'G Cs't e��I; 3450 W. 1.:31hC, Street 46074 A- 607 ft CUSTOMER P.O. NO. JOB NAME I JOB NO- SLS. DATE DUE DATE SHIPPED SHIPPING METHOD PER GREG{ Cl.-AMPS. 06,E 12/29/1 11/29/1 Our TrU(_k: a oulrQn IfU�31 0 t>� Lam[ o n o 1 1 5�; {1. 1 -F 6X1 F1 TIP CL.F +I 1F' f CC FrE3 r7 4 1 1 '75.6t�000 75.66 THPINK .YLK? FOR YOL)R 1MJS1NESS! WE ARE DOING AL..L. WE CAIN! THANKYOU AMOUNT 75.66 To KEEID PRICE;:; FAIR IN THIS 1)NCERT1'AIVj C'fJb•IOMY. FOR YOUR BUSINESS! TAX 7>000 .00 TH E PRICES ARE BASED ON 30 DAY PAVI LENT YO I,JR F-€EL.P IS PLEASE NOTE: OUR TERMS FREIGHT oc) I'dL I DED AND APPRECIATED. I tfI='LOYE.ES OF T[E. A i EJP. Other N(� ARE NET 30 DAYS. YOUR SERVICE CHARGE IS 1f% PER MONTH (18% A.P.R.) ON THE BALANCE OVER 30 DAYS OF AGE. THE BUYER HELP IS NEEDED AND U O AGREES TO PAY ALL COSTS AND EXPENSES OF COLLECTION, INCLUDING REASONABLE ATTORNEY'S FEES, a f 5 o AND EJP CLAIMS A MECHANIC'S LIEN UNDER APPLICABLE STATE LAW. APPRECIATED. E.J. Prescott, Inc. Terms and Conditions of Sale prices: All prices are subject to change withoutnotice, except inhere firm quotations have been provided in w €icing by authorized management personnel of EJP. Twies Prices do not include any present or fut tire federal, state:, or local taxes (ir €cluchng, without iirniIation, sales tax. use tax, excise tax, or otherwise) unless specifically mated. .II is the respowibility of the Buyer to pay all such taxes. Taxes where applicable may be added to the price of the products and shall lie paid by the Buyer, unless the Buyer furnishes to EJP a tax exemption certificate in a frxm agreeable to the applicable taxing authorities. tl EJP is required to prepay tiny such tax. Buyer will reimburse EJP in full upon demand. Payruent Terms: EJP Open Credit aCOLmts are established for commercial. non- consumer use only. Unless an approved commercial Open Crcdii aCOUnt is established. payment in good funds or approved check must be [Wade before or at time of delivery. Connricreial 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 clay falls. SER- VICE CHARGE IS 1, PER MONTH (18`;'o A.P.R.) ON THE BAI- ANC:F. OVER 30 DAYS OF AGE. THE BUYER AGREES TO PAY ALL COSTS AND EXPENSES OF COLLEC=TION. I.NCLI iDING'REASONABLE. `YIOR :NEY S PEES, and EJP claims a mechanic', lien under applicable state line. Acceptance by F,JP: All orders from the Buyer are .Subject to acceptance by authorized personnel cif EJP. unit, 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)JS PLACED INTO PRODUCTION All charges and costs incurred by EJP us a result of cancellations or order changes will he billed to the Bityer. Delivery: EJP will make a good faith effort to complete delivery of the products; pruvided, however, that E,IP assumes no responsibility or liability for loss or damage due to clelayor inability to deliver, if such nor'- per#'ormancc was the result of any events or circumstances beyond the c6drol of EJP. includ- ing, but not limited to, act of God, war, labor difficulties, fire, accidents, inability to (obtain materials, and delays of can•icrs, contractors, suppliers. or inn an a fact a rerS. Under no circumstances shall .EJP be liable for any special. consequential: incidental. indirect:, or liquidated dam3gCS. kisses, or expeose (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 jApe, 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 spe=cial packing or 3peeiad handttttg 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 errcneoutily as a result of inaccurate, incomplete or misleading information supplied by Buyer.or its agents or employees, <torage and all other additional costs and risks shall be borne solely by Buyer. Claims for products damaged or last in transit should be made by Buyer to the carrier, as E.IP's t- :Span ibility ceases upon tender of goods to Buyer. Buyer's representative or ccunmon carrier. Delivery will be made on hard surfaces only Any dam- age or towing charges resulting Isom "non hard surface deliveries" shat be the responsibility of the Buyer, Inspection and Acceptance- Claims for damage, shortage or euTors in shipping must be repotted within 10 clays following delivery to Buyer. Buyer shall have 10 clays from the state Buyer receives any products to inspect such proifucts end services for defects and nonconformance and notify EJP, in writing, of any defects..nonconfurmance or re=jection 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 shaJI have no right to reject the pro(Iuc=ts for any reason orto 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 NIADE. ON tit .PIPE OR (ii) SPECIALLY FABRICFITED OR ORDERED rl'EMS. THE SOLE AND EXCLUSIVE REMEDY FOR SUC14 ITEMS ALLEGED TO BE DEFECTIVE IN WORKMANSHIP OR MATERIAL WILL BE THE REPLACEMENT OF THE ITEMS SU BJECT TO THE MANLIFACTUREWS 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 F(P. all credit for returned material will be applied to futwe orders. subject to approval by the EJP Credit Department. Warranty: THE BUYER'S SOLEAND EXCLUSIVE WARRANTY IF ANY, IS THAI' PROVIDED BYTHE PR ODUCT'S MANUFACTURER. E.IP MAKES NO EXPRESS OR IMPLIED WARRANTIES, EJP HEREBY DTSC'LAL47S ALL EXPRESS OR IMPLIED WARRANTIES. WHETHER, IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLODING, WITHOUT LIMITATION, 'ALL IMPLIED WARRANTIES OF MERCHANTA131LITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. LrNDI R NO CIRCUMSTANCES, AND IN NO EVENT. WILL EJP BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE OR ANY OTHER LOSS, DAMAGE. COST OR REPAIRS OR. INCI- DENTAL. PUNITIVE, SPECIAL, CONSEQUENTIAL, OR LIC2l.fID.'vrED DA=MAGES OF.ANY KIND. WHETHER BASED UPON WARRANTY, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE. OF ACTION ARISING IN CONN,EC'TION WITH THE DESIGN, MANUFACTURE..SALE, `1RANSPOIO ATION, INSTALLATION. OR REPAIR OF TIME PRODUCTS SOLD BY EJP. BUYER ACKNOWLEDGES AND AGRF..ES THAT UNDER NO C;IRCUMST.AlYC'ES, AND IN NO EVENT. SHALL EJP'S LIABILITY. IF ANY, EXCEED THE NE'T' SALES PRICE OF THE DEFECTIVE PRODUCT(S). Fntire Agreeinent: 'Phis document constitutes the entire, complete, and exclusive a. cement between the parties with respect to the subjeci'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 inc=orporated here- in. "the terns and conditions contained herein may not be added to, modified, superseded or otherwise awed e=xcept by a written nnodification signed by authorized management personnel of OR All[ transactions shall be governed solely by the terms and conditions contented herein. Alt purchase orders issued purgia ni to an EJP quotation shall be deemed issued subject to all EJ1' temps and conditions herein contained. `these ter and cpnditio ns shall Supersede Those of the Buyer. Cztfvernirtg L.tVV: 'I his transaction shall he governed in all respects by the Taws rrf'the state of Elaine (ON clucling 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 sliatt be brought in the courts of the State of Maine within the applicable statutor per iod, omm Cunications: Payments only should be directed to: E,.I. Preseott, I'nc, P.O. Boa 350002. 13oston. MA 02241 -05 02 All other correspondence and inquiries should be directed to your local F..JP Division, The Home Office address is 32 llrescott Sweet, P.O. Brix 600, Gardiner. Maine 04345. Telephone 1207) 5S2_j851. Fax (207) 582- 5637. E -mail ellX'c ;lprescott.cotu. EJP TSC R {Mi,icn Dam 4/09 VQUCHER 103520 WARRANT ALLOWED $$550 IN SUM OF E.J. Prescott, Inc. WATER P.O. Box 350002 O'ERA770NS Boston, MA 02241 -0002 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code 4346717 01- 6200 -06 $80.09 n 7 5 (ofd Voucher Total $8 9 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 12/6/2010 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 12/6/2010 4346717 $80.09 I hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and I have audited same in accordance with I C5- 11- 10 -1.6 Date Officer