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206224 02/14/2012 CITY OF CARMEL, INDIANA VENDOR: 088550 Page 1 of 1 ONE CIVIC SQUARE EVERETT J PRESCOTT INC CHECK AMOUNT: $1,515.88 CARMEL, INDIANA 46032 PO BOX 350002 pN �a BOSTON MA 02241 -0002 CHECK NUMBER: 206224 CHECK DATE: 2/14/2012 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 4493767 1,048.86 OTHER EXPENSES 601 5023990 44950013 277.59 OTHER EXPENSES 601 5023990 4497237 106.32 OTHER EXPENSES 601 5023990 4498244 83.11 OTHER EXPENSES Pipeline Specialists EVERETTJ. PRESCOTT, INC. OGSLt? a11/ =NTL SEE CONDITIONS OF SALE AND HOME OFFICE n g PAYMENT TERMS ON REVERSE. J� m z[�)6 32 PRESCOTT STREET P.O. BOX s00 PAGE NO. GARDINER, MAINE 04345 METER BACKFLOW SERVICES P.O. BOX 600 Everett J. Prescott, Inc. TELEPHONE (207) 582 -1851 210 SHEEP DAVIS ROAD, CONCORD, NH 03301 Gar M 1 (207 582 -9118 603 224 -8425 FAX 603 224 -3842 INVOICE DATE REMIT �1�t`(- 'tl''( E,.)P NJ. .T. Y'} "I). :JY'}:ct�3E:1.L:R.' WAREHOUSE >fI:_.i.W1 (_.._t� kj.: �.T' ?�:ia. YT'}<'tf i:i.l.:.f:: PACKING SLIP NO. ir.<'r ;v' t TO> I. t.S1 f s. t_ r cl t5 l 1.7i j?. rf ;'i CUSTOMER NO. 4 3... 3 'r. °i[ X ',i =.Cj('.) {:J WAREHOUSE Cf 1 :1 _r i syl a (:7 J. s II'I r L_r_ (.)2. C_. 4 J. 0:._3 -:1 1 ;�;1 r_: 31 r. s a :E. t; r O RIGINAL I NVOICE SOLD TO> C *J: y i_ii t:ARIRIEL. SHIP TO .1 _I" l.)F= "ARI'Il�.i_,. u Ii- .1...1' 3 4 i i i( z lz._: W. 1 1 i I% t^ to 3? 'I; CUSTOMER P.O. NO. JOB NAME JOB NO. SLS. DATE DUE'' DATE SHIPPED SHIPPING METHOD 1 r: l u t :..1'_ �ylpl� 0 D (Ua.U'• G:S/:L:I UULtiI D O IJAl'U PJ l"AI:LU D D O� t 2 t tt i d P t F. CM; �.i u ~?.f:_: it E 1. L_. 4!'f!— r .!..1. t E." 1. %.•S a :1. 1, 0 J 83. AMOUNT t3f: i 1. 1. THANK YOU FOR YOUR BUSINESS! TAX s':! 1 00 PLEASE NOTE: OUR TERMS FREIGHT 00 ARE NET 30 DAYS. YOUR SERVICE CHARGE IS 1% PER MONTH (18% A.P.R.) ON THE BALANCE OVER 30 DAYS OF AGE. THE BUYER HELP IS NEEDED AND AGREES TO PAY ALL COSTS AND EXPENSES OF COLLECTION, INCLUDING REASONABLE ATTORNEY'S FEES, p I C.1 `3 AND EJP CLAIMS A MECHANIC'S LIEN UNDER APPLICABLE STATE LAW. APPRECIATED. F_ E.J. Prescott, Inc. Terms and Conditions of Sale •'Prices: All prices are sub,lect to change without notice, except where firm quotations have been provided in writing by authorized management personnel of EJP. `Pares: Prices do not include any present or future federal, state, or local taxes (including, without lituiiation, 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 F..,JP 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, paynnett 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. SER- VICE CHARGE IS I �9.% PER MONTH (13% A.P.R,) ON THE BAI ANCF, OVER 30 DAYS OF AGI.,. ']'HE BUYEIR AGREES TO PAY AL..I.., COSTS AND EXPENSES OF COLLECTION, INCLUDING REASON;ABLE,AT "IORNEY S FEES, and EJP I claims a mechanic, lien tinder 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 Sales. approval of the LJP Credit I Department. Cancellations: SPECIAL OR NON-STOCK ITEMS MAY NOT BE CANCELLED OR. RETURNED AFTER THE PRODUCTS) IS PLACED INTO PRODUC All charges and costs incurred by EJP as a result of cancellations or order ehang *es will he 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 11011- perf6rmanc.e was the result of any evcnts circumstances beyond the control of EAR 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 manuCact uers, Under no circumstances shall EJT' 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 irnns- fer to the Buyer upon tender of goods to Buyer, Buyer's representative, or common carrier. T'he cost of any special packing or special handlin 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 IEJP ships or delivers the products erroneously as a result of inaccurate, incomplete or misleading information supplied by Buyer of its agents or a:mployees, 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 c upon lender of goods to Buyer, Buyer's representative or common carrier. Delivery will be made, on hard sn Any dam- age or towins charges resulting from "non hard surface deliveries" shall be the responsibility of the Buyer. Inspection and Acceptance: Claims for cfatnage, slnrtage or errors in shipping must be reported within 10 days following delivery to Buyer. Buyer shall 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 anv defects. nonconformance or rejection of such products. After such 10 day period, Buyer shall be (teemed 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 witbout EJP'S written consent. NO RETURNS ARE Al-LOWED AND NO REFUNDS Wit -L.. BE MADE ON (it PIPE OR (6) SPECIALLY FABRIC:AI'ED OR ORDERED ITEMS. THE SOLE-' AND EXCLUSIVE REMEDY FOR SUCH ITEMS ALLEGED TO BE DEFECTIVE IN WORKMANSHIP OR MATERIAL WILL L BE THE. REPLACEMENT OF THE ITEMS SU BJECT TO THE.,. MANUFACTURER'S LNSPEC- TION AND WARRANTY. All other returned material is subject to a MINIMUM 25',"(; RE-HANDLING CFL:ARGE, 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: THE BUYER'S SOLE AND EXCLUSIVE WARRANTY, IF ANY, IS TI EAT PROVIDED B Y TI IE PRODUCT "S MANUFACTURER. E.fP MAKES NO EXPRESS OR IMPLIED WARRANTIES. EJP HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, WHETHER IMPLIED BY OPERATION OF LAW OR OTHERWISE.., INCLUDING, WITHOUT LIMITAl'ION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A I?ARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES, AND IN NO EVENT, WII.A., EJP BE LIABI..,F.. FOR PERSONAL, INJURY OR PROPERTY DAMAGE OR ANY OTHER LOSS, DAMAGE. COST OR REPAIRS OR INCI- DT7NTAL. PUNITIVE, SPECIAL, CONSEQUENTIAL, OR LIQUIDAI'ED DAMAGES OF ANY KIND. WHETHER BASED UPON WARRANTY, CONTRACT. STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING; IN CONNECTION WITH THE DESIGN. MANUFACT'UR'E, SALE TRANSPORTATION, INS1 ALLATK)N, OR REPAIR OF TILE PRODUCE'S SOLD BY EJP, BUYER ACKNOWLEDGES AND AGREES THAT UNDER NO C1RC:URISTANC.ES, AND IN NO EVE N T. SHALL f JP'S LIABILITY. IF ANA'. EXCEED THE NET SALES PRICE OF THE- DEFECTIVE PRODUCT(S). Entire Agreement: This document constitutes the entire, complete, and exclusive a.oreement 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 applicablc'unless'expressly incorporated Itee- in. The terms and conditions contained herein may not be added to, modified, superseded or otherwise altered except by a written modification signed by nuinorized 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 ternts and conditions herein contained. 'These ternis and conditions shall supersede those of the Buyer. Governing Late: This transaction shall be governed in all respects by the laws of the State of Maine (excluding choice of law provisions). All actions, re of form, arising out of or in connection with this transaction, the products sold by EJP, or the relationship between the Buyer anon EJP shall he brought in the courts of the State of Maine within the applicable statutory period. C,ommunications: Payments only should be directed to: E.J. Prescott, Inc., P.O. Box 350002, Boston, MA 02 241 -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 (20 582 -1551. Fax (201) 582 56:17. E -mail ejp @e EJP T &e Revision Date 41109 Pipeline Specialists EVERETTJ. PRESCOTT, INC. E NCORD Z70 SEE CONDITIONS OF SALE AND HOME OFFICE p PAYMENT TERMS ON REVERSE. 32 PR P. O. BOX STREET p� O O. BOX 600 PAGE NO. ;I GARDINER, MAINE 04345 FLOW SERVICES P.o. eox soo Everett J. Prescott, Inc. TELEPHONE 207 582 -1851 D, CO, NH 03301 Gardiner, ME 04345 7 p 2 1 12 603 224 -3842 (207)582 -5019 FAX(207)582 -9118 INVOICE DATE 4:-' :L r' REMIT TE:*AlI E=,.)F' W. I:T?tla.atTt E ?c ?:Ll WAREHOUSE *'I E'.JF' kli. .�Tl1I];1i?.�t0).7.'3 PACKING �r4972,2i 7 PI -ZE OTT 11* 813 tatt:c i, i l i a un t? CUSTOMER NO. P. C'J ?-'iD:x:: E WAREHOUSE ._'s' L:y i ST I\ C` =1 I: i t d i i L7 C' t:I i i. I' N 46 J. 0; 2.-' +.1.._.O'..` 0 2 i" r.. L r F F= t? n E t i -7 ;r -C) t;: a'._ ORIGINAL INVOICE SOLD TO> C 11 x` C- F- C-(-'1 lI' °Ir1' t.)T**lL.a:T 1.'E SHIPTO >C_? L 1y OF C:f•11Rt EI- C <=l t� I7 1 f .I. y I. I -I CUSTOMER P.O. NO. JOB NAME JOB NO. SLS. DATE DUE DATE SHIPPED SHIPPING METHOD `i ;K f c I. L ''_7 1 r I{ r hi I• 1 {.i �i .i i' 1,. .3 Ir T r I i� k ••oo elf -�-��o o if o o olf ice B .5 Fl REP I r n cc 3 THANK YOU AMOUNT FOR YOUR BUSINESS! TAX PLEASE NOTE: OUR TERMS FREIGHT {jr_} ARE NET 30 DAYS. YOUR 0 u h F., r 0-0 SERVICE CHARGE IS 114% PER MONTH (18% A.P.R.) ON THE BALANCE OVER 30 DAYS OF AGE. THE BUYER HELP IS NEEDED AND 0 AGREES TO PAY ALL COSTS AND EXPENSES OF COLLECTION, INCLUDING REASONABLE ATTORNEY'S FEES, ;l i 6 AND EJP CLAIMS A MECHANIC'S LIEN UNDER APPLICABLE STATE LAW. I APPRECIATED. 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 EIP. Taxes: Prices (to 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 farm agreeable to the applicable taxing authorities. If EJP is required to prepay any Such ta.e. 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 clays and are calculated on the last clay of Lhe month in which the 30th day falls. SER- VICE CHARGE IS IA %v PER MONTII (18�Ic; A.P.R.) ON THE BALANCE OVER 30 DAYS OF AGE. THE BUYER AGREES TO PAY ALL COSTS AND EXPENSES OF COLLECTION, INCLUDING REASONABLE AT'TORNEY'S PEES, 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 E,11 as a result of cancellations or order changes will be billed to the Buyer. Delivery: Ell' 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 flue to delay or inability to deliver, il'such non- perfornance was the result of any events or circumstances beyond the control of EJ P. includ- ing, bit( not Limited to. acts oC God, war, labor difficulties, lire, 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 product, is to one given destination for all items including pipe, unless otherwise indicated in writing. Risk of loss shall trans ler 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. 11' Buyer causes ar requtstS 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 shalt 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 an([ Acceptance: Claims for damage, shortage or errors in shipping must be reported within 10 (lays 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 anv defects. nonconformance or rejection of such products. After such ICI day period, Buyer shall be (teemed 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 EJP'S written consent. NO RETURNS ARE ALLOWED AND NO REFUNDS WILL BE MADE ON (i) PIPE OR 60 SPECIALLY FABRICATED OR ORDERED ITEMS. THE SOLE AND EXCLUSIVE RENIEDY FOR SUCH ITEMS ALLEGED TO BE DEFECTIVE WORKA- 1ANSHIPOR MATERIAL WILL BF.THE RF,PL.ACEMENTOFTHE ITEMS SUBJECTTOTHE v1ANUFACTURER'S INSPEC- TTON AND WARRANTY. All other returned material is subject to a MINIMUM 25% REHANDLING CHARGE, plus transportation charges. Unless other- wise agreed by the Buyer and EJP, all credit for returned material will he applied to future orders, subject to approval by the EJP Credit Department. Warranty: THE BUYER'S SOLE AND EXCLUSIVE WARRANTY, IFANY, IS THAT PROVIDED BYTHE 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- DENTAL., PUNITIVE, SPECIAL, CONSEQUENTIAL, OR LIQUIDATED DAMAGES OF ANY KIND. WHETHER BASED UPON WARRANTY, C'ONTR.ACT. STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING IN CONNECTION WITH THE DESIGN, MANUFACTURE. SALE. TRANSPOK17010N, LNS'IALLAT'ION. OR REPAIR OF THE PRODUCTS SOLD BY EJP. BUYER ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, AND IN NO EVENT. SHALL EJP'S I.,IABIL,I "rY, 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 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 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 -,overtied solely by the terns and conditions ccnnained herein. All purchase orders issued pursuant to an EJP quotation shall be deemed issued subject to all EJP terns and conditions herein contained. These tents and conditions shall supersede those of the Buyer. Governing Law: Tfiis transaction shall be governed in all respects by the haws 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 covets 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- 185.1. Fax (207) 582-5637. E -mail c3p@)ejprescott.coin. EJP W nevision Dato ,.:o9 Pipeline Specialists EVERETTJ. PRESCOTT, INC. BeBP SEE CONDITIONS OF SALE AND HOME OFFICE PAYMENT TERMS ON REVERSE. n 32 PR P. O. OX 60o STREET ""w "a O. BOX METER BACKFLOW SERVICES P .O. Box soo PAGE NO. GARDINER, MAINE 04345 fYY\ Everett J. Prescott, Inc. TELEPHONE (207)582 -1851 210SHEEPDAVISROADCONCORD ,NH03301 Gardi 5825019 582 -9118 b 41- C.I. 93• jt f 603 224 -8425 FAX 603 224 -3842 I INVOICE DATE i 7 1. REMIT TEAM E J P W I1'id 1. cln p a l i 5 WAREHOUSE T E A I 1 E J P W I n d i a n a p o l i s PACKING SLIP NO. 4493767 I i i i 3 r. r! r 1 J 4 te r.; TO> E..,_.. Ff.EcsC.:CT�I Ili,_° (3.3V7 1�,)t- s� .Ib1�E��'i:.L�ri CUSTOMER NO. ,.•.._y._• P r o" E40X 3 `5C }r�0 7 i L i WAREHOUSE �_'r'.t_} i-�D T(_)1'!1 NA 31 1i� Z ct 11 Z F' II`1 46231 C7 Telephone. ._31.7- 347 —i}t 015 ORIGINAL INVOICE SOLD TO> 1::1:'1'1' (�i CC-1RMEL UTILITIES' SHIPTO >CI T Y OF CARI"!EL 1T:IL:L'1 ":I.'E /y 5 C} W. 1:'1 _;t ��t is 1', =f4 5 0 131 _t c< t.r..eet C" a. r 1 TI e 'I IIlki CartT. e 1. Ili; 46074 46C)74 CUSTOMER P.O. NO. JOB NAME JOB NO. SLS. DATE DUE DATE SHIPPED SHIPPING METHOD 7'_ BRASS GUOTE 10-: 3/16/1 1/t7/1 Truck l� o o o o a 1 f�j[,T;,� o o of 1 4-7'230 Q 3/1 BALL. CURB QUICK EA 0 37.0000 „00 47160 tG 3/4 CORP CC�-OtJICK EA O 18�3300 146.,56 3 4 is 3/4 CPLG QUICK EA O i.t ,f?ij0D 80..00. 4 53777 35 3/4 MTR YOKE VLV QUICK AV94 -32 I.A 6 18 0 43CPO 110.5e' 4 7390 0 i 1 BALL C O R P CURB tt OUICK EA 4 5t� 2292 6 4 1 1r �.{CT.P CC,� l. A 7 0{�iZ) 19`t.. {O0 7 4•c3�' 60 L 4 CPLG QUICK 1= A 13 11 14L3.20 =5: F 3 1 1. MTR YOKE VALVE AV94 -444G G_► EA 5 39 "2000 146.00 THANK YOU AMOUNT FOR YOUR BUSINESS! TAX 7 7 7117 PLEASE NOTE: OUR TERMS FREIGHT ARE NET 30 DAYS. YOUR I h e r SERVICE CHARGE IS 1%% PER MONTH (18% A.P.R.) ON THE BALANCE OVER 30 DAYS OF AGE. THE BUYER HELP IS NEEDED AND AGREES TO PAY ALL COSTS AND EXPENSES OF COLLECTION, INCLUDING REASONABLE ATTORNEY'S FEES, ;l. i 1 -q 6 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 rnotice. except where firm quotations have been provided in writim; by authorized management personnel of EJP. •'I'ases: Priees do not include any present or future federal, state, or local taxes (including, without limitation, sale; 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 01' the products and shall he pain by the Buyer. unless the Buyer furnishes to EJP a tax exemption certificate in it form aerecable to [tie applicable taxing authorities. If EJP is required to prepay any such tax. Buyer will reimburse EJP in full upon demand. Pavrnent 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, HO cash (IiSCUtmts allowed. Service Char "es commence after 30 days and are calculated on the last clay oft :he month in which the 30th day falls. SER.- VICI CHARGE IS IY %r F'ER MONTH (I 8 A.P.R) ON TFIE BALANCE OVER 30 DAYS OF AGE. TIIE BUYER AGREES TO PAY ALI_, COSTS AND EXPENSES OF COLLECTION, I.NC.LUDING'REASONABLE NI TORNEY'S FEES, andEJPclaims a mechanic's lien under applicable state law. Acceptance by EJP: All orders from the Buyer are subject to acceptarc by autliorizcd peisonncl of EJP. and, in the, csise cif 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 (tile 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, wit, 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 (.)fall 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 goods to Buyer. Buyer's representative or common carrier. Delivery will be made on hard surfaces only. Any darn age or towing charges resulting from "non hard surface deliveries" small 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 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. Rettrrirs: Materials cannot be returned without EJP'S written consent. NO RETURNS ARE ALLOWED AND NO REFUNDS WILL BE MADE ON ti) PIPE OR (iii SPECIALLY FABRICATED OR ORDERED ITEMS. THE SOLE AND EXCLUSIVE RENLEDY FOR SUCH ITEMS ALLEGED TO BE DEFECTIVE IN WORKMANSHIP OR MATERIAL. WILL BE THE RF.,PLACENIENT OF THE ITEMS SU 13JE..C; r TO THE MANUFACI'URER.'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. W`arr anty: THE BUYER'S SOLEAND EXCLUSIVE WARRANTY, IFANY. IS THAT PROVIDED BY THE PRODUCT'S MANUFACTURER. E.FP WAKES NO EXPRESS OR IMPLIED WARRANTIES, EJP HEREBY DISCLAIMS ALI, EXPRESS OR IMPLIED WARRANTIES, WHETHER IMPLIED 13Y OPERATION OF LAW OR O'T'HERWISE, 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.IP 13E LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE OR ANY OTHER LOSS, DAMAGE. COST OR REPAIRS OR INCI- DENTAL. PUNITIVE, SPECIAL, CONSEQUENTIAL, OR LIQUID. DAMAGES OF ANY KIND, WITETHER BASED UPON WARRAN CONTRACT. STRICT L.IABRATY, NEGLIGENCE OR ANY OTHER CAUSE., OF ACTION ARISING IN CONNECTION WITH THE DESIGN. MANUFACTURE. SALE. TRANSPORTATION, INS'IALLAl'10N. 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 PRODUCTS). Entire Agreement: This document constitutes the entire, complete, and exclusive agreement between the parties with respect to the subject matter here of and anntains 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 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 tenns 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 temps and conditions shall supersede those of the Buyer. Governing Lacy: 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 350001 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 e jprescott.coin. EJP T&C revision Date 4109 Pipeline Specialists EVERETT J. PRESCOTT, INC. O �IO nsa�oDD SEE CONDITIONS OF SALE AND °p PAYMENT TERMS ON REVERSE. HOME OFFICE o PAGE NO. an 7 32 PRESCOTT STREET O� P.O. BOX 600 ;I. GARDINER MAINE 04345 MAI METER BACKFLOW SERVICES P.O eeX soo 210 SHEEP DAVIS ROAD, CONCORD, NH 03301 Gardiner, ME 043450 CQO d ,r i Everett J. Prescott, Inc. TELEPHONE (207) 582 -1851 603 224 -8425 FAX 603 224 -3842 (207) 582 -5019 FAX (207) 582 -9118 INVOICE DATE r' 1 F (..Yt(f C. j I ---1 W I. P i1 7. r ?t I'1 :1 a .I. 7. r.: E. i11 E._) f” {.t! 1'I f_ 7.. .i..t s E (:'s .f. i. PACKING SLIP NO. �:r 7 1+ :71..: REMIT I WAREHOUSE TO E. :_I P RE -1(. 07 i t1a' IN' r_) CUSTOMER NO. 1' i.a EAf l.t _;_':.".)r?+:_12 WAREHOUSE Y.C? I I 1 is I) I) \I r -r r'1 T t Lj :1.:'1 ei% i 1�+ S. J. t� i {'`t °h C L:.._' O RIGINAL INVOICE SOLD TO> 1:: l (J 1= C;ill�h7E::. I.! (:l:L._::t: :'t'.E_; SHIP TO >Cl L OF (5i- "iRME UT''J:1._ W .1 -31 11 .a 3 r� t I'll r.: N CUSTOMER P.O. NO. JOB NAME JOB NO. SLS. DATE DUE DATE SHIPPED SHIPPING METHOD 7 t P r} r r— �y f� •i 2'--", •I Y 226 i 7F`:.r9 -E G O .t w� 2% 0 1_t r r u IF I jJj D D OI 1. t. 7 try "i. h: t 1 t. i l 3 i i f t E I.00 2 E" r 1. 11 1"1 3 "f 1 'V f I'i "t.''! lli_I, F _i 'YYi "7 1 'fit? i r .t s YOKE F .E E" =1 2 f r, v:.: 6 _16 "r i. "1 ii s IS r_. r, r r �7 r!..; 1� A I:•i''�._I< _j !3t_t is l.:;� r_k=f .V. ._r.�� 7... THANK YOU AMOUNT 7. 7 c59 FOR YOUR BUSINESS! TAX AMY PLEASE NOTE: OUR TERMS FREIGHT 00 ARE NET 30 DAYS. YOUR 0 tr h e r 00 SERVICE CHARGE IS 1 4% PER MONTH (18% A.P.R.) ON THE BALANCE OVER 30 DAYS OF AGE. THE BUYER HELP IS NEEDED AND 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 APPRECIATED. E.J. Prescott, Inc. 'berms and Conditions of Sale Prices: All prices are subject to change without notice, except where firni quotations have been provided in writing by authorized management personnel of E.IR Taxes: Prices do not include any present or future federal. state, or local taxes (including, without lin'ination, sales tax. use tax, excise tax, car other unless specifically stated. It is the responsibility of the Buyer to pay all such taxes. Faxes 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 forrn 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, n(ni- consumer use only. Unless an approved commercial Open Credit account is established, payment in good fiords or approved check must be made before t'tr at time ()f delivery. Commercial Credit terrns 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 I'X% PER MONTH (18% A.P.R.) ON THE BALANCE OVER 30 DAYS OF ACE. THE BUYER AGREES TO PAY AL.I. COSTS AND EXPENSES OF COLLECTION. INCLUDING REASONABLE A'I'I FEES, and EJP claims a mechanic's lien raider 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 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 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 tc.i 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. includ- ing, but riot limited to, acts oi' God war, labor difficulties, fire, accidents, inability to obtain materials, and delays of catTiers, contractors, suppliers, or manufacturers. Under n.) circumstances shall EJP be liable for any special. consequential. incidental, indirect, or liquidated damages, losses, or expense (whether or not based on negligence) wising directly or indirectly from delays or failure to give notice of delay. Shipment: Shipment cif all products is to one given destination for all items including pipe, unless otherwise indicated in writing. Risk of' toss shall trans- fer to the Buyer upon tender of goods to Buyer, Buyer's representative, m common carrier. The cost of any special packing or special handling caused by Buyer's requirenients or requests shall be added to the amount of the order. If Buyer causes or requests a shipment delay, or if EJP slops or delivers the products erroneously as a result of inaccurate, incomplete or misleading infornianun 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 damage., shortage or errors in shipping must be repotted 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 nor confornance 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 proid- 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 a;gees that such 10 day period is a reasonable amount of time for such inspection and revocation. Returns: Niaterials cannot be returned without EJP'S written consent. NO RETURNS ARE ALLOWED AND NO REFUNDS WILL BE MADE ON (i) PiPE OR (ii) SPECIALLY R1%13RIC:CFED 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 INSPEC- TION AND WARRANTY. All other returned material is subject to a MINIMUM 25r4: RE- HANDLING CHARGE, plus transportation charges. Unless other- wisc agreed by the Buyer and EJR all credit for returned material will be applied to furore orders, subject to approval by the EJP Credit Department. Warrant': THE BUYER'S SOLE AND EXCLUSIVE WARRANTY, IF ANY, LS THAI, PROViDE BYT1 °IE PRODUCTS MANUFACTURER.. EJP MAKES NO EXPRESS OR IMPLIED WARRANTIES. EJP HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES. WHETHER 1NIPI..IED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WI "J'[[OUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. LFINDER NO CIRCUMSTANCES, AND IN NO EVENT, WILL EJP BE L,iABL,E FOR PERSONAL INJURY OR'PR.OPERTY DAMAGE OR ANY OTHER LOSS, DAMAGE. COST OR REPAIRS OR.I.NCI- DEN'IAL, 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. IviANUFACTURE. SALE. T'RANSPORT'AFION. INSTALLAi'ION. OR REPAIR OF "HIE' 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 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. terms and conditions contained herein may riot be added to, modified, superseded or otherwise altered except by a written modification signed by authorized management personnel of E.IR All transactions shall be governed solely by the tens and conditions ccnnained herein. All purchase orders issued pursuant to an EJP quotation shall be deemed issued subject to all EJP teen, and conditions herein contained: These terms and conditions shall supersede those of the Buyer. Governing Law: 'Phis transaction shall be governed in all respects by [lie laws of the :State of Maine (excluding choice of law provisions). All actions, re of form, arising out of or in connection with this transaction, the products sold by EJ1 or the relationship between the Buyer and EJP shall he brought in the cotuls of the State of Maine within the applicable stattiviry period. Cninttrunications: Payments only should be directed to: E.J. Prescott, Inc., P.O. 'Box 350003, 13ostoxi. MA 02241 -0502. All other correspondence and iucjuu'ies should be directed to your local F-,JP Division. The Home Office address is 32 Prescott Street, Y.O. Box 600, Gardiner. Maine 04345. Telephone (207) 5g2- 1851. Fax (207) 582 -5637. E -mail V1li(uejprescott.com. EJP T&C nevi lion Dodo 4:09 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 2/8/2012 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 2/8/2012 4498244 $83.11 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 VOUCHER 113718 WARRANT ALLOWED 88550 IN SUM OF E.J. Prescott, Inc. P.O. Box 350002 WA" Boston, MA 02241- 0002 OP *Nt3 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT. Audit Trail Code 4498244 01- 6200 -06 r $83.11 4497az,-7 L+q 9 Voucher Total 5 j $83.11 Cost distribution ledger classification if claim paid under vehicle highway fund