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162754 08/20/2008 CITY OF CARMEL, INDIANA VENDOR. 358710 Page 1 of 1 Is c ONE CIVIC SQUARE H D SUPPLY WATERWORKS LTD CARMEL, INDIANA 46032 P 0 BOX 91036 CHECK AMOUNT: $1,280.10 �4'� CHICAGO IL 60693 CHECK NUMBER: 762754 lk CHECK DATE: 8120/2008 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 651 5023990 7581528 261.00 OTHER EXPENSES 601 5023990 7662230 374.40 OTHER EXPENSES '601 5023990 7662373 644.70 OTHER EXPENSES Date Qrdered Date Shipped Customer PO No Job Name Job No. Bill of Ladm Shipped Via Order Number •7/16/08 7/16/08 VERBAL RANDY MARKING FLAGS UPS 7581528 Product Code Descri riion O°"muy 0uatnn) flack- Price Per Amount I Ordered Shipped Ordet nl HD SUPPLY WATERWORKS PO 3859078 96FLAGGSF 4X5 GREEN FLAG MARKED SEWER 2000 2000 .12000 EA 240.00 "SEWER" MUST BE IN WHITE LETTERING WITH 18" WIRE STAFF INCOMING FREIGHT CHARGES FROM MFG OK'D BY CUSTOMER I Tenns Subtotal NET 30 240.00 Freight Delivery handling Restock Misc Tax Invoice Total 21.00 261.00 THANK YOU FOR YOUR ORDER VISIT Please pay this amount WATERWORKS.HDSUPPLY.COM FOR OTHER SERVICES OFFERED HDSWW INDIANAPOLIS IN -E Branch 509 7281 East 30th St Page: 1 Indianapolis IN 46219 03789 Invoice: 7581528 TERMS AND CONDITIONS OF SALE :ere or a, ill Iha document to "Sollcr" shall Include each subsidiary or division of The Home Depot Supply Inc whether or not spur ficaly den!4Cd nail -ill rd 5e.m J •r may be performed by any enbly'pat is part of Seller All sales modeto buyer by r Seller are g or ttothese Terms and of Sale, which shall prevail any vicdns4tdnl Terms M Buyer s purchase ardor other doc Q8,cI tesand i any way these pro shall t binding upon Selzer unless the they are s pec ifi cally es.d by au Sellers s ipmen by Seller s aut hor •epreserinn�e or such additio oler, or or t of feri y or are expressly xpressly ion, t to p No ions mo or alteration of these a rrslons shall hall issue by Seller's shipment of goods following g Fe recdl, t -f R s der ace diner, Ur ether er docu containing is or o ad In c illi, or Inenn t with thnsl: provisio9s, Thorn are no or J, wrLi un untlersiandings. or agreements meats o P m state idnJ. Plan those slated herein, em. a nd and all ll c o nditi o ns to s ti mod poor p posals s and and ne negotiation l t W s air mdryp•f e Paces In quotations made by Seller are subject to change without notice, and all quotations expire and become invalid it not accepted within 10 days from the date of issue unless otherwise noted Seller in writing Price extensions when made are for Buyer's convenience only and Troy as well as any mathematical stenographic or clerical errors, ae riot n,nding on Seller Paces shown do not include any sales excise. or other governmental tax or chargge payable by Seiler to federal, state or Iota authority Any taxes now or hereafter unposed upon Sales or shipments will he Incremental to the purchase price, and Buyer shall reimburso Seller for any sucn tax or provide Seller with an acceptable tar exemption certdreafo All prices and other terns provided to Buyer under this document shall he kept confidential ezaept to the extent trill a party Is required by law to disclose the sam Seller shall not be liable for delay or default in delrvery resuRinq, from ary cause be and Sellers reasonable control Including bpi not Orated to governmental action strikes or other labor trnuble,, tire. consider or destruction of goods wars td�'clared m undeclaied�, or of terrorism manufacturers shortage•. In,lbnny )o nbtam transportation, materials liters, or supplies. and acts d God(each a 'Force Maleure Event Upon the Occurrence of a Force Maleure Event. tit) ins •ime for Sellers `{)e,duo ce shall Joe extended asonably and Buyer and Sellor shall adjust all affected dates accordingly and Ibl the purchase price shall be adlasted for any nor a d costs to Seer resu'ting from such Force Maleure Event Seller rs a reseller of goods and as such does not prmnde a warranty lot the goods it supplies hereunder Now ^ding the foregoing Seller shall pass throug RECOh to Bu an an transferable manufacturer's standard warranties -nth res act to adds purchased hereunder BUYER AND PERSONS CLAIMING THROUGH BUYER HALL SEEK URSE EXCLUSIVELY FROM MANUFACTURcRS IN CONNECT WI `JH ANY DEFECTS IN OR FAILURES OF GOODS AND THIS SHAT L BE THE EXCLUSIVE RECOURSE OF BUYER AND PERSONS CLAIMING THROUGH BUYER FOR DEFECTIVE GOODS (IRRESPECTIVE OF WHET HER THE CLAM OP BUYER OR THE PERSON CLAIMING THROUGH BUYER SHALL SOUND IN CONTRACT, IN TORT IN STRICT LIABILITY PURSUANTTO STATUTE, OR FOR NEGL GFNCEI SELLER EXCLUDES AND DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WAR RANTI ES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTAB!UTY AND t FOR A PARTICULAR PURPOSE. SELLER ASSUMES NO RESPONSIBILITY WHATSOEVER FOR SELLER'S INI ERPRETATION OF PLANS OR SPECIFICATIONS PROVIDED BY BUYER. AND BUYER'S ACCEPTANCE AND USE OF GOODS SUPPLIED HEREUNDER SHALL BE PREYISE DON FINAL APPROVAL BY BUYER OR BY ARCHITECT S FN'GrNEERS OR OTHER THIRD PARTIES RATHER THAN ON SELLEH'S IN FERPRETATION IN NO EVENT WHETHER. IN CONTRACT, WAHHAN IY INDEMNITY IOHT `INC( UDING NECLIGENCEI STRICT LIABILITY OR OTHERWISE ARISING DIRECTLY OR INDIRECTLY OUT OF THE PERF03MANCE OR BREACH (IF THIS DOCUf,1L NT SHALL SELLER 13E LIABLE FOR (a) ANY CONJEGUENTIAL, INCIDENI'A SPECIAL OR INDIRECT DAMAGES SUCH AS LOST PROFITS OR DELAY DAMAGES EVEN IF SUCH DAMAGES WERE FORESFE ABLE OR CAUSED BY SELLER'S BREACH OF THIS DOCUMENT, lb) AN1 CLAIM THAT PROPERLY IS A CLAIM AGAINST THE MANUFACTURER OR (cf A.NIF AMOUNT EXCEL DING THE AGGREGATE AMOUNT PAID TO SELLER FOR GOODS FURNISHED 10 BUYER UNDER THIS DOCUMENT Buyer shall indemnify, defend and hold Seiler its officers directors employees and affiliates harmless from ant a, d., 'lability resoking from or related to any mird party c'a•r^ complaint..ndoi judgment arising f coin Buyer s rise of any goods banished hereunder as wetl as any negligent intentional a,otiou :actor -cesam of EUvar or a by Buyer of this document na- rar'irr; ov- tnrvire, i le'CH point roar Fb)Ore dos cra'e ocf.rrt Y:r: :•I porn' -,a "b, 5 =lies; store r ono cca, e' sl ippl -g and delivery beyond the apphcati FO B p shall be come by Bove Tit 'e and risk of loss shall pass to Buyer at the :.roo'nr goods nnf deLy in Sellers own van etas shat be when Seder ael vets the goods to me common carrier t.d claim for shortage of goods or for loss lnmage g000S a5 to which S' has the risk of loss Shull be allowed unless Error, within 10 days after receipt of the short or damaged shipment, gives Seller written notice fully fescnwng ;Le alleged shit Page or tlamage Any changem p roduct specificalmns quantities, destinations, shipping schedules, or any other aspect of the scope Of supply Play resaltin a price adjustment by Seller No credit for goods returned by Buyer shall be given without Seller's written authorization All returns are subject to a restocking charge Unless otherwise agreed in writing, pavmant terms are net 30 days Notwithstanding the foregoing, all orders are subect to Seller's continuing approval of Buyer's credit If Buyer's credit is not approved or becomes unsatisfactory to Seller then Seller, in its sole discretion, mayy require different payment terms, inchlding cash on delivery or ir. advance of s; npmen( In addifion Seller mayy ro its discretion require an advance deposit of up to 100e. of Seller's s2rig price for any speciath manufactured goods ordered by Buyer hereunder Payments due hereunder shall he made m me roan of cash eheax or money order Seller may apply Buyers payment against an n ope charges wdhm Sellers sole discretion Pinstripe accounts bear interest at the leaser of 15xv per month or the maximum rate permitted by applicable law, contmung after Sober Co al )a is judgment against Buyer Seller may exercise setcY, or recoupmere to apply to or satisfy Buyer s outstanding debt Buyer shall have no right of setoff hereunder the same being expressly waived hereby Buyer Sh,dl nor Ewport or re-eapnH Jrfectly or indirectly all or any part of the gnods or related technology obtained from Seller under this document unless in accordance with applicable export laws and regulations of the United States of America (US) Further a Buyer that is a non -US company or mfizen shall similarly limit any export or re- export activity father which would be deemed compliant with US export laws and regulations if performed by a US company or Citizen The foregoing requirements shall survive any satisfaction or tarminahor of this document and obligations hereunder Buyer shall pay Seiler ail costs and expenses of collection, surf or other legal action brought as a result at the commercial relationship between them, including all actual attorneys and paralegals fees incurred pia -surt, through first. on appeal, and In any administrative or banxruptry proceed ngs Any cause or action that Seller has against Buyer may be assyned Wincri Buyers consent to the Home Depot Supply Inc or to any affilh ne of The Home Depot supply Inc Isis document and the account and business relationship between Buyer and Seller shall be governed and Constr„ed in accordance with the laws of Florida without re and to 'nib¢ is Jf iawc Subacl to fire foregoing, Buyer and Seller agree that any legal felon brougIs by either ISO result of the account rr business relation :l To between Buyer and Sa! I it )u,j n D•e F, yr of tl e =Fate r. Pere the sales from Seller's Buyer uccuned rind any agl•i to ob act to e.¢^ velue nr to essart tnfa rconve ^,fence of sucF'rum is I ai P ,;Nr! )I s to vo -'pay ..IT IOKP Terms and Co ^dibons at Sale Sella, ly telmmate on rest of nfry airier man oPec'to Buyer Buyer cerbhvS that It U solvent ri in l! wi r -eaa" v t t ec, ri.: "",i B orr agrees to send Seller written F olcs ill any cl•arge, in ihr c orn of o: ^ors Fip of 8,1e• tom• z s within 5 day. a' ;;.c r •.i, B.. t ^d c,l ate Ina o^ r u ndi beee61-111es N this document arm tl ens :re no I- no rani, banehu.n „c VOUCHER 086117 WARRANT ALLOWED 86201 IN SUM OF HD SUPPLY WATERWORKS LTD (NAT P.O. Box 91036 CHICAGO, IL 60693 Carmel Wastewater Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code 7581528 01- 7200 -02 $261.00 Voucher Total $261 00 Cost distribution ledger classification if claim paid under vehicle highway fund Prescribed by State Board of Accounts City Form No. 201 (Rev 1995) r ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show, kind of service, where performed, dates of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee 86201 HD SUPPLY WATERWORKS LTD (NATIONAL Purchase Order No P.O. Box 91036 Terms CHICAGO, IL 60693 Due Date 8/14/2008 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 8/14/2008 7581528 $261.00 hereby certify that the attached invoice(s), or bill(s) is (are) true and ;orrect and I have audited same in accordance with IC 5- 11 -10 -1 6 1 Date Officer Date Ordered Date Shipped Customer PO No. Job Name Job No. ill of Ladin Shipped Via Order Number 7/29/08 7/30/08 VERBAL SACK METER DEPT r I OUR TRUCK 7662230 Quantity Quantity Back- Product Code Description 0Q Shipped OrderM Price Per Amount 9613AINTI7B 17 OZ BLUE MARKING PAINT 120 120 3.12000 EA 374.40 1241 Terms Subtotal NET 30 374.40 Freight Delivery 1 -la idling Restock Mtse Fax Invoice Total 374.40 THANK YOU FOR YOUR ORDER VISIT Please pay this amount WATERWORKS.HDSUPPLY.COM FOR OTHER SERVICES OFFERED HDSWW INDIANAPOLIS IN -W Eranch 430 1680 Expo Lane .Page: 1 Indianapolis IN 46214 o4oei Invoice: 7662230 TERMS AND CONDITIONS OF SALE u ,`AC subsltl' rr, dll von of The Home Depot Supply eulle •nu'r, 10 Buyer by SC e are 4LDle, -1 tD these IGIITIS alto Conde nap of S110 Wh on Shall prevail OVet tiny ineuns steel tears of Bayer n.'L as[ u•.1. 1. I' I /v °+C.OrS it or Ivey Itionr I or nionif g these pto>RIOns Shall be binding upon Seller unless they are ,rocif:call althoozed In .w11 t,0 by Se IC' S -,u" I andan udl' ere ^germs are L p.erly oC,ecfe7lo NomadI.cabOn or alteration of these provlsnrs stroll rose I by Sadie v,pore- lotg000f C •,t o., r" eanr o!_Lments CC• rl y arov,Sloo, terms or co .do,ons In addition to in conflict With, or I c09slstenl Wdh tease rc, s o ^S There are ^.d it ol r I it ;gn'. ^.s c.! e• I It se S'.aeri net.. and A poor proposals and nagollr.IOns are menteri ^e-ilo q.n!a! Ors ^..SC Se ]or are `Lblect b rhlrite without nonce and at quolavons erp and uec, If r ar;eoleo :,11''" 1 0 bays from'ne oar e. n le+ sl I. ten n cant n w,it U nq P exerts o' s what mode are for Buver s cornemence only and they as web as arty n:at. 1t,;' I ,tenLgn1ph.0 or Cle "c I. mad •q o• Sol" Ices ,horn do not vu_' a se ex ex„ i to a Dlher governmonta, tax or charge payable by Sel er in'ecteml stale n� I authority Any tnxes ^ov. art, P!I r ,I .r a c' s P P 'v I be 1 1"ne —La to the part' .l se Pure and Buyer stall reimburse Se let for a s,.h on, or Jr n.. ac er r'Jx r xt rh r A p o" a• ^r' tL r 1 Ir In ✓'der to r]—Lure-1 •,hail be Kept continental except to the max•.' f 'h It a an nee L i I,K fit J oc c i 1 IJ ante Jr a r lc r .••i 5,..'ro ,cease boy D•y Se °ors r I j r 'Cl i. W`s Or Olt L' :rjn fine aa'^aq� a ESt'1('I ,f ?r ,rI "L II,:`e,med ur Irdeclalod), acts of terror,nl I trr f 4 I.I 0•I,.' o^, ^a'Cr,a's fu'..e U e Ir d a ri G r J 'F.m ow, Ey nt flat I ill o,currence of a Force Maleum Evenl or t 1 ^IC +u `.':I h bly d I. r c .I I ext toed reaaora an 1' r .r ,r,all a 11' a "f Ja I to f ,q', t ^d 1C r purchase price Shot be adjusted for any r rraseo costs to e' I, u:t, ^,'vdt -L Par,, f.''a;erre cveul ,,dr, s a,r ant, 'c' the quads d supPlles hereunder Not:. p Inc is reggc n� SeI c s' a 1' pp b 'o Buyyer am :era ^wtst� Gaon r spent •a.IWoos u'ch'sed hereunder BUYER AND PERSONS G. AIMING THHJ� G+ BUYt f• S'IAL L SELK PCCOUR3E x" ,;F IV FRO:''.*.I,L,FACT,JRF RS C.,', \E CT ON WITH DEFEC TS IN OR FAILURES OF GOODS AP.D THIS SHALL et 'HE EXCLUSIVE RECOURSE OF BUYER "F H; ONS CLA Itl Ni IHROU(,H BUYER IOR DEFECTIVE GOODS QRRESPECT OF WHETHER THE CLAIM OF BUVFH OR THE PERSON CLAIMING THROUGH It Al IA-L';01 1 CONT RA(J I'J TOR IN 9THIC I LIAbil I I` PURSUANT IO STATUTE OR FOH NEGLIGENCE i FtU.EFI E Xr_ UDES AND DISCLAIMS ALL CT HER F >'Ai 7l It :.ARPA'; I d"b N'31_'D'NC. A[ L lI.IPLIF D ":AkRANTIE 50 %'LHCHANTABILH Y AND F' NL t SFOHA PAP L,U.AH PURPOSE SE LL R ASSUME'. SI' IATb,T.I H I: r, SE. LL R S 141 LRPRI'A' DN Or P, A(HS OR So CIFICATIONS RRC✓ DED UY RU "FT' Al,;. It R;, ACCFPT.. \'E 1'JE. JSFn s Il'f "J I.E R :J". RS'A riE PK'.'`,ED ON %A; nn PROVAL RY BU` ER OR BYARCHITECTS EtiVVI EPS OR I,','' PD:`ART`FSRA t4 'yr t Po' NI) 't NT :r +ETI'ER IN CON'RACT WARHANTY .INDEMNITY, TORT I NC'- .71 "I NFCL (r'.' I "La I' %R FH;. .I I(r Du .'Jlt Lyn IT1'FT;•F FIT RFOHMAN..F UR BREACH OF THIS DOCUMENT SHALL I, ER H', AH'I're T'Iy .`N EC- 01 'I•, "uIt „Tf .,A•;aGE'- ,F „If PHrIrn S ORI)ELAY DAMACES EVEN IF SUCH DAMACF SVIL HI 1ORL' AU,' Au'•'I +c,, I C; Al(A l l +4' PROP[ H. Y IR ACLA',I AGAIn,S' THF- MANLIIACTURER OR ICI ANY 4Mn L, V' C r' n „t,l It t;"1 I „ERU ",;h HTF15 CU.J'tEk' I a loll _L :.11— r,,. n ti L...,. u n 0 9 Al bn Ray,' y a I,7naiad d(,h,..r .a but "1' .,w.,, F 0 R p,. r d u1d del very oeyona U u apPbcab e T O 8 point shall be bone by Buyer T re vV risk of Toss she I pan= !r Raul• at r r D g G'� ^,cY I--- jeods a! ocr.e•eo m Seller's Ow'n vehicles shall be when Se Ic delvers the goods to the common carne• No clam im hu It •J. alt's I .e 'a q ads s I; I S =I or °J, Ire nu of Ins •.half be anov,ed unless Buyer w•th,n 10 days after receipt of ter= short or aematted srT,o goes Sc• e :,r q It r at e ;nb sl "loge c ddm,qu A” it qe n prod.lci s'pm: hcat on S, qu:u Gates de shlppmg schedules, of any other aspoet at OIO scope ,d supply m.ry remit In a p ce adiu SUnent D; Sellrr No niott for nit by Ruyc .h,ll be glut^ w'ho• I' Sellers written Out or ✓abon All returns are sub;ect to a rosf -'r, on -I anon e„ rwl,n -,q err^ .r 'r ring palm,( n' 'erns air not 30 drys N7twIhSlanding the toregmng, aJ order, are sub oa In Seao's c., r r g approval CI B.;;e s r•ea Buyer. "r"!s'c!auDraveil ur5a'Y,c•O')'a S ^'erthen SOJ @r is sole discretion muyy'eQJ.re d(ficreo!pa ^•!errs (noted Ica "Or del'cry ur ^J J..'S,: of S•, pr i y, n $oiler me n d•. d's,.retun req„ re an a'ivarcr depos I o f u p to 100`, of Seller s sell no peen for at y 5p_c a p o fact Ired ?0od. a-select by Buyer hr•eunor'r Pa, under shat, OE made It, Inn lam of :ash Chock )I me, order Seller may apply Buyer`, pavm Onf aq,, nst an noon cha'ge� '.10"In Sailor 'I sole 19CIVIIII Pas: 01' f .I ..,n'• oral moue,- al tFe lesser of I S', per remit or Io max-mull rate permuted by applicable law cnll[It) g sect SC9(11 obLnns a luitq'^ert agam'.1 Buyer S-kn may ece',ciso 'c" )a,Ume ^i 'O an° y iC nt sffiISIy R rye' S r utela de D! Bayer shall have no r ghl l Setoff Lermi ,del 0'P s :'he bevel er press V Walbed t W BbV ^o' cxoc 'C Lxa, II drl J e I, ,I' o' arty c' IT o gLOds or re a'LJ Ieeh E `J or "Ir s I �olnot o is dance v I,^ •'a: 1.. ^d eq•ahons n r o.: J Jtoso'A'•` �I'ISi Firtne' aBIryC 41S a'I In U: Ivta', •LPG„ •ri a v melt any cape: _xporf aCL n h wln,id •,e dLemr d LOmphe "I w'- aS rxpnr, Iavo,, and 'eq,e,POn, p, derood r r LS c0m{Ie IIy, L The to•nr,o rq "'el,ren G uhali s+,I orl alt, sa'15' aclo, n- „uIof II sa, n, r rl and ool,gatorr, rn du L o” Se"e a costs bad nrpnr ses or co ecton, Suit n olhe' legal actor eminent as a result of the r„r^^Ierc it uWannushlp between it em, Including all acWal attorneys a lees ^c., rep pre -sat through tr aL on appeal and ary aoml'us!ratve o• bankruptcy pru, r '^gs Any ca-se o! act or It at Seller has Sq. ^s! Bs:n• •ray U( It R„Y' rc ^,eel to The Hrr Dane Supply, Ire: J• to a 1 of l',all or rf`o Hcme Coact Shop. and n,. n- o',no, 1p halween FL. Sel er shall he rloVomed and orlt a oaax CL I s of Fn, 1, maul n+gard I It I t •,.a' a Date Ordered Date Shipped Customer PO No. Job Name Job No. Bill of Ladin Shipped Via Order Number 7/29/08 7/31/08 SEE BELOW METER DEPT UPS 7662373 Product Code Descn tiou QW1it1 oualu°} Bach Price Per Amount P Otdercd Shipped OtdemJ CUSTOMER PO VERBAL JACK SPEAR HD SUPPLY WATERWORKS PO 3879615 56BLBP458BLUE BLKBRN P458 4X5 BLUE MARKING 5000 5000 .12000 EA 600.00 FLAG W /18" PLASTIC STAFF FLAG WITH REVISED SCREENING #4471(PHONE NUMBER TO READ 733 -2855) 4X5 W /18" PLASTIC STAFF BELOW FREIGHT IS FOR OUTBOUND UPS CHARGES FROM MANUFACTURE APPROVED BY CUSTOMER BLACKBURN #P458 BLUE MARKING I Terms Subtotal NET 30 600.00 Freight Deli. I landlmg Restock Misc Tax liwoice "Total 44.70 644.70 THANK YOU FOR YOUR ORDER VISIT Please par this amount J WATERWORKS.HDSUPPLY.COM FOR OTHER SERVICES OFFERED HDSWW INDIANAPOLIS IN -E Branch 509 7281 East 30th St Page: 1 Indianapolis IN 46219 03782 Invoice: 7662373 TERMS AND CQNDI�N$QF SALE •rc ^r d S.:de• v ail me udn each subs.dfary or division of The Home Depot Supply, Inc whether or riot specifically Identified herern. and Seller's obilgafirrr, do I dr JimLO by •..y entity that is par! of S;llnr ;a es mane to Buyer by Seller are subject to these Terms and Conditions at Sale, which shall prevail over any inconsistent terms of Buyer's purchase order or other documents. No a ^d conditions in any way altering or modi:yrng these provisions shall be binding upon Seller unless they are specifically authorized in writing by Seller's authorized representative ^d sech additional or different terms are expressly objected to No modification or alteration of these previsions shall result by Seller's shipment of goods following receipt of Buyers u derslar dugs e o r ot agreements e 4er c stated heroin, and ado p rior proposals co ndi t io n s is addi nd negotiations t pro m� or ged negotiations wilt, t those provisions. There are no terms, conditions, P m quotations made by Seller are subject to Change without notice and all quotations expire and become invalid if not acceppled within 10 days from the dale of issue, unless aRe•h'Sa noted byy Seller in writing Price extensions when made are for Buyers convenience only and they as well as any maihemahcai. stenographic or clerical errors, are not 0 ndmg on Seller Pneed shown do not include any sales, excise, or other governmental tax or charge payable by Seller to federal, state or local authority Any taxes now or hereafter •noosed uoia: sales or shipments will be Incremental to tire purchase price and Buyer shall termburso Seller for any such tax Or Charade Seller with an acceptable lax exemption All prices and otl'er terms provided to Buyer under This document shall be kept confidential except to the extent that a party is required by law to disclose the Santa, Serer shall not be liable for delay or delaun in delivery resupmq from any cause beyond Sellers reasonable control, including, but not limited to, governmental action, strikes or other Iacor trouble.,, file, damage or destruction of goods. wars (declared or undeclared), acts of terrorism, manufacturers shortages inability to obtain trans dilation, materials, fuels, or suop,ies ano ,eAs of Goo (each a Force Majeure Event 7 Upon the occurrence of a Force Majeure Event. (a) the time for Seller's performance shall bq extended reasonably and B i Is: arid Seller shall ad,ust all Spaced dates accordingly and Ili) the purchase price shall be adjusted for any Increased costs to Seller resulting front uch Force Majeuro Event. Sauer a reserver o' coeds Slid as such does not jhromde a warranty for the goods it supplies hereunder. Notwnhstanding the foregoing Seller shall pass through to Buyer any hansferablo manufacturer s standard warranties will respact to goads purchased hereunder BUYER AND PERSONS CLAIMING THROUGH BUYER SHALL SEEK RECOURSE Ex CL USIVE -Y FROM MANUFACTURERS IN CONNECTION WITH ANY DEFECTS IN OR FAILURES OP GOODS, ANDTHIS SHALL BE THE EXCLUSIVE RECOURSE OF BUYER AND PERSCJ,S CLAIMING THROUGH BUYER FOR DETECTIVE GOODS (IRRESPECTIVE OF WHETHER THE CLAIM OF BUYER OR THE PERSON CLAIMING THROUGH FLYER SHALL SOUND IN CONTRACT IN TORT, IN STRICT LIABILITY, PURSUANT TO STATUTE. OR FOR NEGLIGENCE) SELLER EXCLUDES AND DISCLAIMS ALL OTHER FXFRFSSANDIMPLIEDWARRANTIES INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER ASSUMES ',O F r ,PONSIBILITY WHATSOEVER FOR SELLERS INTERPRETATION OF PLANS OR SPECIFICATIONS PROVIDED BY BUYER, AND BUYER'S ACCEPTANCE AND USE OF r.CODa SUFPL ILO HLPE UNDER JHALL BE PREMISED ON FINAL APPROVAL BY BUYER OR BY ARCHITECTS, ENGINEERS, OR OTHER THIRD PARTIES RATHER THAN Or Et L n 9 f L HPRETAT'ON IN 10 EVENT, WHETHER IN CONTRACT, WARRANTY INDEMNITY, PORT (INCLUDING NEGLIGENCE). STRICI LIABILITY OR OTHERWISE, 1 IAHEC I tY OR NDIRECTLV OU T OF THE PERFORMANCE OR BREACH OF THIS DOCUMENT. SHALL SELLER BE LIABLE FOR (a) ANY CONSEQUENTIAL, INCIDEN FAIL �P! y ES OR INI RECT DAMAGES SUCH AS LOST PROFITS OR DELAY DAMAGES, EVEN IF SUCH DAMAG WERE FORESEEABLE OR CAUSED BY SELLERS BREACH .';,)(Ii I- ANY CLAIM THAT PROPERLY IS A CLAIM AGAINST THE MANUFACTURER. OR (c) ANY AMOUNT EXCEEDING THE AGGREGATE AMOUNT PAID TO r Un GO FURN SHED TO BUYER UNDER TI IIS DOCUMENT, ^a.' ^n i ro' ^f' •'e, d ^n e^•c'nyeea antl idol aced harmless from any and all [lability iesUihng fronn or related to any t party CL em Minds .l^ereonder, as uefl a any negligent intentional, ortorilous actor omission of Buyer or anymatenal wench v' ^rP.:•^ cc °:r ^d trr Euy� n: Soro� s rii ;nn'a, ^s, the FO B. point shall be Buyers desiggrated delivery site, but m all other cases [lie FO B prnni shall be Seller s sidle or ..arehouse and aI, resind9s,bihly and costs of Sh pp,ng and delivery beyond the applicable I 8 point shall be borne by Buyer, Title and risk of joss shall pass to Buyer at the ape cable F O B point which 'a nods not delivered in Seller's own vehicles shall be when Seller delivers the goods to the common earned No claim Ior shortagge of goods or for joss c damage to goods as to which Seller has the risk of joss shall be allowed unless Buyer, within 10 days after receipt of the short or damaged shipment, gives Seller written notice fully describing lh% alleged shortage or damage Any change m product speedicabons, quantities, destinations, shipping schedules, Cindy other aspect of the scope of snooty may result in a price adjustment by Seller No credit for goods rrturne by Buyer shall be given without Sellers wit tten authorization- All returns are subject to a restocking charge Unless othnrwise agreed in writing. payment terms are net 30 days. Notwithstanding the foregoing, all orders are subject to Seller's continuing approval of Buyers credit. It Buyer's credit is not aob roved or becomes nn :atisirictory to Seller than Seiler, in Its sole dlsCoulon, may require different payment terms, including cash an delivery or in advance of shipment addition, Se ter mayy rn its discreton require an advance deposit of up to 100` of Seller s selling price for any specially manufactured goods ordered by over hereunder Payments due hereunder shall he made in the form of cash, check or money order Seller may apply Buyer s payment against any open charges within Seller s sole discretion. Past due accounts bear Interest at the lesser of l 5 °e per month or the maximum hale permitted by applicable law, continuing after Seller obtains a judgment against Buyer Seller may exercise setoff or recovpment to appy to or satisfy Buyer s outstanding debt Buyer shall have no right of setoff hereunder, the same being expressly waived hereby. Buyer shall not export or re- nxpor,, directly or indirectly, all of any part of ire goods or related technology obtained from Seller under this document unless in accordance with apporable export jaws and regulations of the United States of America (USI Rirmeh a Ber that is a non -US company or citizen shall similarly limit any export or re- export activity •c t'rat vh!cn wou,d be deemed compliant with US export laws and regulations if performe uy by a US company or citizen The foregoing requirements shall survive any satisfaction or r<rreraabon of this document and obligations hereunder buyer shall pray Seller all costs and expenses of collection, suit. or other legal action brought as a result of the commercial relationship between them, including all actual attorneyys• aid paraleg fees incurred pre-sun. through trial, on appeal, and in any administrative or bankruptcy proceedings Any cause of action that Seller has against Buyer may be 3ned vnthout Buyers consent to The Home Depot Supply Inc or 10 any affiliate of The Home Depot Supply, Inc T_,s nnr ^w,r and the account and husmess relationship belweec Buyer and Seller shall be governed and construed in accordance with the jaws of Florida without regard to :r, 9 •o er.r t,r Ilia lm egnn•q Buyer and Seller agree that any fecal ar.UOn bra�g by ender as a result of the account m business retabonship between Buyer and Seller ,I ve e •rr file :=trite f• wFre he Snie, Roan Seller to Buyer occuned and any right to object to such enue or to assert the Inconvenience of such forum is hereby ash Td•ms antl Con9n•ons of Sale, Serer m.bv telminafn nr l=air Ct any order floor notice to Boyer Buvercerfihes that a in solvent and that it will advise .-rr dvrrw Buyer ay nes fu sent Spii,r matte^ nnha< 0 env cnanr•es m the form of im step of Fuyer s business within 5 days Of such changes t j •y h, rrz•le ,a •s VOUCHER 082643 WARRANT ALLOWED 1350591 IN SUM OF HD SUPPLY WATERWORKS P PO BOX 91036 Z CHICAGO, IL 60693 -1036 OA� Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code 6 7662373 01- 6200 -06 $64470 g3o?7 �(t( �1 I��1`A•bl�,,, 37 44C F Voucher Total '�1 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 i 1 performed, dates of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee 350591 HD SUPPLY WATERWORKS Purchase Order No. PO BOX 91036 Terms CHICAGO, IL 60693 -1036 Due Date 8/12/2008 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 8/12/2008 7662373 $644.70 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