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Home My WebLink About161350 07/11/2008 CITY OF CARMEL, INDIANA VENDOR: 00353162 Page 1 of 1 ONE CIVIC SQUARE FERGUSON ENTERPRISES INC CARMEL INDIANA 46032 FEI INDIANAPOLIS IN WW 1934 CHECK AMOUNT: $2,349.60 PO BOX 644054 CHECK NUMBER: 161350 ATOM PITTSBURGH PA 15264 -4054 CHECK DATE: 7/1112008 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMB AMOUNT DESCRIPTION 604 5023990 W08173 0004329 2,349.60 CONNECTORS r a t,FFERGUSON Pl�# ENTERPRISES JN 6439 EAST 30TH STREET 0004329 368 INDIANAPOLIS, IN 46219-0000 PLEASE REFER TO INVOICE NUMBER WHEN MAKING PAYMENT AND REMIT TO: Please contact with Questions: 317-546-2013 FEI-Indianapolis, IN-WW #1934 P 0 BOX 644054 PITTSBURGH, PA 15264-4054 0.369 01 TR 042 FRIDCT02 000000 HIP, 00010975 01 MB CARMEL UTILITIES COUNTER PICK UP 3450 W 131ST STREET 6439 EAST 30TH STREET WESTFIELD, IN 46074 INDIANAPOLIS, IN 46219-0000 SHIP SELF TAX E -GOD -1 _G0ST0MLR'0RD6H_NUMBER SALESMAN j013 NAME 'INVOICE DATE ___B'ATCH__ WHSE. WHSE. 10 1934 1 19341 1 NE 1W08173 CJD 02.3341.40 06/16/08 424 [ORDEREa :UNM PRICE UM AIVI.0UNZ!T1;!i!!!i!j -SHIPPED JTEM...�.NUMSER DESCRIPTION Source Order#: 0003982 80 80 FEC23 5/8X3/4 MTR YOKE EXP CONN 10.950 EA 876.00 80 80 FEC4 1 MTR YOKE EXP CONN 18.420 EA 1473.60 INVOICE SUB-TOTAL 2349.60 wl""� 'n TERMS: NET 10TH PROX ORIGINAL INVOICE 2,349.60 All accounts are due and payable per the invoiced terms. All past due amounts are subject to a service charge at the maximum rate allowed by state law plus costs of collection including attorney fees it incurred. Freight terms are FOB our dock unless otherwise specified above. WARRANTY PROVISIONS: SEE REVERSE SIDE A �1T TERMS AND CONDITIONS OF S ALE CONTROLLING PROVISIONS: No terms and conditions other than the terms and conditions contained herein Seller shall not be responsible for any losses or damages sustained by the Buyer or any other person as a result shall be binding upon Seller unless accepted by it in a writing signed by the Seller's Branch Manager. All terms of improper installation or misapplication of the products. Buyer shall defend, indemnify and hold harmless Seller and conditions contained in any prior oral or written communication, including, without limitation, Buyer's purchase and its agents and employees against any lass, damage, claim, suit, liability. judgment or expense (including, order, which are different from or in addition to the terms and conditions herein are hereby rejected and shall not without limitation, attorney's fees) arising out of or In connection with any injury, disease or death of persons be binding on Seller, whether or not they would materially alter this document, and Seller hereby objects thereto. (including, without limitation, Buyer's employees and agents) or damage to or loss of any property or the All prior proposals, negotiations and representations, if any, are merged herein. Buyer will be deemed to have environment, or violation of any applicable laws or regulations resulting from or in connection with the sale, assented to all terms and conditions contained herein if any part of the goods and /or services described herein transportation, installation, use, or repair of the products by Buyer or of the information, designs, services or other are shipped or an invoice is presented in connection with he said goods and /or services, work supplied to Buyer, whether caused by the concurrent and /or contributory negligence of Buyer, Seller, or any TERMS: Buyer agrees to pay for the products according to the Seller's payment terms. in the event Buyer fails to of their agents, employees or suppliers. The obligations, indemnities and covenants contained in this paragraph make any payment to Seller when due, Buyer's entire account(s) with Seller shall become immediately due and shall survive the consummation or termination of this transaction. payable without notice or demand. All past due amounts are subject to service charges at the rate agreed upon INSPECTION AND ACCEPTANCE: Claims for damage, shortage or errors in shipping must be reported within by the parties, otherwise at the maximum contract rate permitted by law. Buyer does hereby grant Seller a one (1) day following delivery to Buyer. Buyer shall have seven (7) days from the date Buyer receives any products purchase money security interest in the products until such time as Seller is fully paid. Buyer will assist Seller in to inspect such products and services for defects and nonconformance which are not due to damage, shortage taking the necessary action to perfect and protect Seller's security interest. No products furnished by the Seller or errors in shipping and notify Seller, in writing, of any defects, nonconformance or rejection of such products. shall become a fixture by reason of being attached to real estate. After such seven (7) day period, Buyer shall be deemed to have irrevocably accepted the products, if not REMEDIES OF SELLER: Upon default by Buyer. Buyer agrees to reimburse Seller all attorney fees and court previously accepted. After such acceptance, Buyer shall have no right to reject the products for any reason or to costs incurred by Seller in connection therewith. Buyer agrees that any of the following shall constitute an event revoke acceptance. Buyer hereby agrees that such seven (7) day period is a reasonable amount of time for such of default which shall enable Seller, at its option, to cancel any unexecuted portion of this order or to exercise any inspection and revocation. Buyer shall have no right to order any change or modification to any product or service right or remedy which it may have by law: (a) the failure of Buyer to perform any term or condition contained herein; previously ordered by Buyer or its representatives or cancel any order without Seller's written consent and (b) any failure of Buyer to give required notice; (c) the insolvency of Buyer or its failure to pay debts as they mature, payment to Seller of all charges, expenses, commissions and reasonable profits owed to or incurred by Seller. an assignment by Buyer for benefit of its creditors, the appointment of receiver for Buyer or for the materials Specially fabricated or ordered items may not be canceled or returned, and no refund will be made. The sole and covered by this order or the filing of any petition to adjudicate Buyer bankrupt; (d) the death, incompetence, exclusive remedy for merchandise alleged to be defective in workmanship or material will be the replacement of dissolution or termination of existence of Buyer; (e) a failure by Buyer to provide adequate assurance of the merchandise subject to the manufacturer's inspection and warranty. performance within ten (10) days after a justified demand by Seller or (f) if Seller, in good faith, believes that RETURNS: Buyer may return any product which Seller stocks with no restocking charge if: (i) it is in new condition, Buyer's prospect of performance under this Agreement is impaired. All rights and remedies of Seller herein are in suitable for resale in its undamaged original packaging and with all its original parts and (ii) it has not been used, addition to, and shall not er:clude, any rights or remedies that Seller may have by law. In the event it becomes installed, modified, rebuilt, reconditioned, repaired, altered or damaged. Buyer's surplus job returns, and those not necessary to incur any expense for collection of any overdue account, reasonable collection charges, including meeting (i) and (ii), above, will be evaluated on an individual basis after Buyer has contacted Seller's authorized reasonable attorneys' fees, will be added to the balance due and Buyer shall pay all such charges. representative for prior written permission. Special orders or non -stock items may be returned if the manufacturer GOVERNING LAW: This transaction shall be governed in all respects by the laws of the Commonwealth of will accept the return. Except for items Seller stocks which meet (i) and (ii), above, credit memoranda issued for Virginia (excluding choice of law provisions). All actions, regardless of form, arising out of or related to this authorized returns shall be subject to the following deductions: (a) cost of putting items in salable condition; (b) Tni— action or the products sold hereunder must be brougnt against Seller within me applicable sta,u;ory period; transportation charges. if not prepaid; and (c) handling and restocking charges. bU'. r. no event more than ONE (1) YEAR after the date of invoice. SHIPMENTS: All products are shipped F.O.B., point of shipment. Risk of loss shall transfer to the Buyer upon DELIVERY: Seller will make a good faith effort to complete delivery of the products as indicated by Seller in tender of goods to Buyer, Buyer's representative, or common carrier. The cost of any special packing or special writing, but Seller assumes no responsibility or liability and will accept no backcharge for loss or damage due to handling caused by Buyer's requirements or requests shall be added to the amount of the order. If Buyer causes delay or inability to deliver, whether or not such loss or damage was made known to Seller, including, but not or requests a shipment delay, or if Seller ships or delivers the products erroneously as a result of inaccurate, limited to, liability for Sellers non performance caused by acts of God, war, labor difficulties, accidents, inability to incomplete or misleading information supplied by Buyer or its agents or employees, storage and all other obtain materials, delays of carriers, contractors or suppliers or any other causes of any kind whatever beyond the additional costs and risks shall be borne solely by Buyer. Claims for products damaged or lost in transit should be control of Seller. Under no circumstances shall Seller be liable for any special, consequential, incidental, indirect, made by Buyer to the carrier, as Seller's responsibility ceases upon tender of goods to Buyer, Buyer's or liquidated damages, losses. or expense (whether or not based on negligence) arising directly or indirectly from representative or common carrier. delays or failure to give notice of delay. TAXES: The amount of any sales, excise or other taxes, if any, applicable to the products shall be added to the WARRANTY: THE BUYER'S SOLE AND EXCLUSIVE WARRANTY, IF ANY, IS THAT PROVIDED BY THE purchase price and shall be paid by Buyer unless Buyer provides Seller with an exemption certificate acceptable PRODUCT'S MANUFACTURER. SELLER MAKES NO EXPRESSED OR IMPLIED WARRANTIES. SELLER to the taxing authorities. Any taxes which Seller may be required to pay or collect under any existing or future law, HEREBY DISCLAIMS ALL EXPRESSED OR IMPLIED WARRANTIES, WHETHER IMPLIED BY OPERATION upon or with respect to the sale, purchase, delivery, storage, processing, use or consumption of any of the OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF products, including taxes upon or measured by the receipts from the sale thereof, shall be for the account of the MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO Buyer, who shall promptly pay the amount thereof to Seller upon demand. CIRCUMSTANCES, AND IN NO EVENT, WILL SELLER BE LIABLE FOR PERSONAL INJURY OR SEVERABILITY: These terms and conditions of sale shall not be construed against the parry preparing them, but PROPERTY DAMAGE OR ANY OTHER LOSS, DAMAGE, COST OF REPAIRS OR INCIDENTAL, PUNITIVE; shall be construed as if all parties jointly prepared these terms and conditions of sale and any uncertainty or SPECIAL, CONSEQUENTIAL, OR LIQUIDATED DAMAGES OF ANY KIND, WHETHER BASED UPON ambiguity shall not be interpreted against any one party. If any provision hereof is held to be illegal, invalid or WARRANTY, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING unenforceable under any present or future laws, such provision shall be fully severable and the terms and IN CONNECTION WITH THE DESIGN, MANUFACTURE, SALE, TRANSPORTATION, INSTALLATION, USE conditions herein shall be construed and enforced as if such illegal, invalid or unenforceable provision had never OR REPAIR OF THE PRODUCTS SOLD BY SELLER. BUYER HEREBY ACKNOWLEDGES AND AGREES been made a part hereof. The remaining provisions herein shall remain in full force and effect and shall not be THAT UNDER NO CIRCUMSTANCES, AND IN NO EVENT, SHALL SELLER'S LIABILITY, IF ANY, EXCEED affected by such illegal, invalid or unenforceable provisions or by their severance herefrom. THE NET SALES PRICE OF THE DEFECTIVE PRODUCT(S); NO ADDITIONAL ALLOWANCE SHALL BE SET -OFF: Buyer shall not be entitled to set -off any amounts due Buyer against any amount due Seller in MADE FOR THE LABOR OR EXPENSE OF REPAIRING OR REPLACING DEFECTIVE PRODUCTS OR connection with this transaction. WORKMANSHIP OR DAMAGE RESULTING FROM THE SAME. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, ALL PRODUCTS AND /OR SERVICES PROVIDED BY SELLER AND ITS EMPLOYEES CERTIFICATIONS: Seller certifies that it does not and will not maintain or provide for its employees any AND AGENTS ARE PROVIDED "AS IS," "WHERE IS," AND "WITH ALL FAULTS." segregated facilities at any of its establishments and that it does not permit and will not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. Seller certifies RECOMMENDATIONS BY SELLER: Buyer acknowledges that Seller does not make and specifically negates, further that its services are performed in compliance with the Fair Labor Standards Act of 1938, as amended. renounces and disclaims ary representations, warranties and /or guaranties of any kind or character, expressed or implied, with respect to (i) the products sold, their use. design, application or operation, their merchantability, NON WAIVER: Seller's failure to insist upon the strict performance of any term or condition herein shall not be their physical condition or their fitness for a particular purpose, (ii) the maintenance or other expenses to be deemed a waiver of any of Seller's rights or remedies hereunder, nor of its right to insist upon the strict incurred in connection with the products, (iii) the engineering, design, fabrication work or any other work or service performance of the same or any other term herein in the future. No waiver of any term or condition hereunder shall (whether gratuitous or for payment) supplied by Seller and /or its agents. suppliers and employees or (iv) the be valid unless in writing and signed by Seller's Branch Manager. accuracy or reliability of any information, designs or documents furnished to Buyer. Seller neither assumes, nor ENTIRE AGREEMENT: This document constitutes the entire, complete, and exclusive agreement between the authorizes any person to assume for it, any other obligation in connection with the sale of its products and/or parties with respect to the subject matter hereof and contains all the agreements and conditions of sale; no course rendering of its services. Any recommendations made by Seller concerning the use, design, application or of dealing or usage of the trade shall be applicable unless expressly incorporated herein. The terms and conditions operation of the products shall not be construed as representations or warranties, expressed or implied. Failure contained herein may not be added to, modified, superseded or otherwise altered except by a written modification by Seller to make recommendations or give advice to Buyer shall not impose any liability upon Seller. signed by the Seller's Branch Manager. All transactions shall be governed solely by the terms and conditions INDEMNIFICATION: The Buyer shall at its own expense apply for and obtain any permits and inspections contained herein. required for the installation and /or use of the products Seller makes no promise or representation that the products or services will conform to any federal. state or local laws ordinances, regulations, codes or standards, Revised 1/26/04 except as particularly specified and agreed upon in venting by an authorized representative of Sel'er. The Seller's products are not ter use m or wdh any nuclear tac%Mt Unless specifically so stated by Seller in writing. VOUCHER 082164 WARRANT ALLOWED 353162 IN SUM OF FERGUSON ENTERPRISES FEtt.'TEJ? 6439 EAST 30TH STREET INDIANAPOLIS, IN 46219 o Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code 0004329 02- 2308 -00 $2,349.60 Depreciation Voucher Total $2,349.60 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 E 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 353162 FERGUSON ENTERPRISES FEI Purchase Order No. 6439 EAST 30TH STREET Terms INDIANAPOLIS, IN 46219 Due Date 6/30/2008 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 6/30/2008 0004329 $2,349.60 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 71S/�2 G -e Date Officer