HomeMy WebLinkAbout159872 05/28/2008 CITY OF CARMEL, INDIANA VENDOR: 00353162 Page 1 of 1
ONE CIVIC SQUARE FERGUSON ENTERPRISES INC CHECK AMOUNT: $1,357.47
CARMEL, INDIANA 46032 FEI INDIANAPOLIS IN WW 1934
PO BOX 644054 CHECK NUMBER: 159872
PITTSBURGH PA 15264 -4054
CHECK DATE: 5/28/2008
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
604 5023990 W08173 3645 1,357.47 CONNECTORS
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,i INVOICE BATCW
WHSE. WHSE. 10
1934 193LL. INE W08173 CJD 02334140 05/13/08 384
IDESGRIPTIOI�E Ul�ii� PFi1E UM IkM4tJl�#T:€
RE3I;REI) SHIPREp. 1TEI ::<N .M.191ER
55 55 FEC23 5/8X3/4 MTR YOKE EXP CONN 10.950 'EA 602.25
26 41 FEC4 1 MTR YOKE EXP CONN 18.420 EA 755.22
INVOICE SUB —TOTAL 1357.47
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TERMS: NET 10TH PROX ORIGINAL INVOICE
TflTAME 1,357.47
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
WARRANTY PROVISIONS: SEE REVERSE SIDE A
costs of collection including attorney fees if incurred. Freight terms are FOB our dock unless otherwise specified above.
TERMS AND CONDITIONS OF SALE
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 sKued by the Seller's Branch Manager. All terms of improper installation or misapplication of the products. Buyer shall defend, indemnify end hold harmless Seller
and conditions contained in any prior oral or written commu^i�ation, including, without limitation, Buyers purchase and its agents and employees against any loss, 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 wsuld mrferially 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, negotia ions 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 it 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 andior 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 accounts) 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 actior 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 fcr 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 replaLzment 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 exclude.. 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)
transaction or the products sold hereunder must be brought against Seller within the applicable statutory period, transportation charges, if not prepaid: and (c) handling and restocking charges.
but -n 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 Stiller will make a nood faith effort to complete delivery of the oroducts as indicated by Seller in tender of goods to Buyer, Buyer's representative. or common carrier. The cost of any special packing or special
`.d Se"e' si. "L +1 y r n i nc::r,rt n gaekch.arge for loss or damage due to handling caused by Buyers requirements requests shall be added to the amount of the order. If Buyer causes
ir n, "AN.Jy tc newer .vretner o: rot mutt, ss 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.
tea 'o.. anit,ty for Seher s no cased uy acts of God, war, labor difficulties, accidents, inability to incomplete or misleading information supplied by Buyer or )is agents or employees, storage and all other
able n 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
Z_ -of Seler. Under no circumstances stall Seeer ne Irable `,or 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 party 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. CONSEOUENTIAL, 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
RECOMMENDATIONS BY SELLER: Buyer acknowledges that Seller does not make and specifically negates, Perform their services at any location, under its control, where segregated facilities are maintained. Seller certifies
further that its services are performed in compliance with the Fair Labor Standards Act of 1938, as amended.
renounces and disclaims any 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, (it) 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 s. call not be construed as representations cr warranties, expressed or implied. Failure contained herein may not be added to, modified, superseded or otherwise altered except by a written modification
by Sever to make recommendations or give advice to Buyer shall riot 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 Fi,iyer shad at its osr expense apply for and obtain any permits and inspections contained herein.
that the
'ed' a ,n r5 •equl;' cn ropes o• standards
axcc, r ..i�t„ c I c sect •i ar' au r zen representative of Se'.ler The Sellers Revised 1/26/0
producs a, t 1 se r. It, nuoear of ;ecil.ca v so stated by Seller in wrong
VOUCHER 081796 WARRANT ALLOWED
353162 IN SUM OF
FERGUSON ENTERPRISES mq
6
vt
439 EAST 30TH STREET
INDIANAPOLIS, IN 46219
C
Carmel Water Utility
ON ACCOUNT OF APPROPRIATION FOR
Board members
PO INV ACCT AMOUNT Audit Trail Code
3645 02- 2308 -00 $1,357.47
Depreciation
i
I
,i
Voucher Total $1,357.47
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
v
performed, dates of service rendered, by whom, rakes 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 5/19/2008
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
5/19/2008 3645 $1,357.47
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
V i
Date Officer