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HomeMy WebLinkAbout167642 01/07/2009 CITY OF CARMEL, INDIANA VENDOR: 068199 Page 1 of 1 ONE CIVIC SQUARE JOHN CRANE INC CARMEL, INDIANA 46032 PO aox 91502 CHECK AMOUNT: $1,975.84 CHICAGO IL 60693 CHECK NUMBER: 167642 CHECK DATE: 1/7/2009 DEPARTMENT ACCOUNT PO NUMB IN VOICE NUMBER AMOUNT DESCRIPTION 651 50239910 2134367 1,975.84 MATERIALS SUPPLIES D -U -N -S Number: 00- 509 -4347 John Crane Inc. TIN: 13- 3372060 INVOICE REMIT TO: 2134387 John Crane Inc P.O. Box 91502 INVOICE DATE: 12/23/08 Chicago, IL 60693 -1502 PAGE 1 OF 1 BILL TO: 13622 SHIPPED TO: 13622001 CITY OF CARMEL UTILITIES CARMEL WASTEWATER TREATME ONE CIVIC SQUARE 9609 HAZEL DELL PARKWAY CARMEL, IN 46032 INDIANAPOLIS, IN 46280 -2935 U.S.A. INQUIRIES REGAR T HIS INVOICE CALL: 812 949 -0001 SHIP VIA: UPS PREPAY ADD BOL: Customer P.O. No. Our Order No. Ship Date F.O.B. Sales Re Terms S11456 RP329263 12/23/08 SHIPPING POINT 9178 NET 30 DAYS Quantity Back Order JCI Part No. Customer Part No. Extended Line Shipped Quantity Description Comments U/M Unit Price Price 1 1 B45284 FX 1969.00 1969.00 SEAL HEAD ASSEMBLY Type: 21 Size: 5.000 IN Face Finish: MATTE Mating Ring Type: 0 -RG Drawing: A21- 5000 -024 Material Code: N28 015 1 N28 C 15 1 316 Type2:21 Size2: 5.000 IN Mating Ring Type2: O -RG Face Finish2: POLISH Drawing2: A21- 5000 -024 Material Code2: N28 015 1 N2 3 015 1 316 Work Code: in -fixed INTRA ST FIXED REPAIR Subtotal 1,969.00 LABOR 0:00 Freight -6.84 PARTS 0.00 0.00 0.00 *ORIGINAL* Tax Total 0.00 Currency USD Total 1,975.84 This shipment is made subject to our limited warranty and other terms and conditions of sale which are set forth on the reverse side of this sheet CERTIFICATE: We hereby certify that the products and /or services covered by this invoice were produced in compliance with applicable requirements of the Fair Labor Standards Act of 1938, as amended, and in five days of receipt of goods. All other claims must be made within thirty (30) days of shipping date. f JOHN CRANE INC. SALES TERMS AND CONDITIONS JOHN CRANE INC. "SELLER WILL ACCEPT BUYER'S ORDER REFERRED TO ON,THE ACCOMPANYING QUOTATION ON CONDITION THAT BUYER ASSENTS TO THE TERMS SET FORTH BELOW AND ON ANY ACCOMPANYING DOCUMENT(S) AND WAIVES ANY DIFFERING TERMS. SUCH ASSENT AND WAIVER IS EVIDENCED EITHER BY BUYER'S PURCHASE ORDER (ANY CONTRARY TERMS OR CONDITIONS OF WHICH SHALL BE DISREGARDED) OR BY ACCEPTING DELIVERY OF THE. FIRST SHIPMENT HEREUNDER. 1. Payment and Shipping Terms. Terms are net 30 days, FCA Sellers Facility, unless expressly provided to the contrary on the accompanying quotation. Any amount not timely paid shall bear a late charge of two percent (2 for each month or fraction of a month computed on the outstanding balance until paid in full; provided, however, that such late charges shall not exceed the maximum amount allowed by law. For inter company transactions shipping terms are DDU destination with freight and duty costs paid for by Buyer. 2. Titles and Risk of Loss. Title to products shall pass only upon payment of the full purchase price. Notwithstanding the foregoing, all risk of loss shall be borne by Buyer from the time of delivery of the products by Seller to a public carrier or other manner of transportation. 3. Tooling. Charges for tools, dies and other equipment cover only a portion of their cost and ownership and sole right to possession and use thereof shall not pass to Buyer but shall remain in Seller. 4. Cancellation. Seller at its option and in addition to its other remedies may without liability cancel this order or refuse shipment, if (a) Buyer is in default in any payments or other performance due Seller under this or any other agreement (b) Buyer becomes insolvent or a petition in bankruptcy is filed with respect to Buyer or (c) causes beyond Sellers control make it impossible to assure its timely performance. Buyer may cancel the remaining unfilled portion of its order only upon written consent of Seller and payment of the full price for that portion of the order that Seller has substantially completed at time of cancellation plus reasonable cancellation charges which shall include the full profit plus all costs incurred in connection with the canceled portion of the order such as overhead and administrative costs, commitments made by Seller as a consequence of Buyers order and the cost of all work in- progress. Cancellation charges shall not exceed the purchase price of the canceled portion of the order. 5. Price. Seller reserves the right to correct quantities or prices due to typographical, clerical, or mathematical errors. The price stated in Sellers quotation or acknowledgment is based upon Sellers current costs. If costs increase during the life of this order, Buyer will be notified of any adjustment of the price; provided, however, that no price adjustment will be made without Buyers agreement on orders for delivery within 30 days of the date of a price quotation. Buyer shall reimburse Seller for any excise, sales, use or other taxes incident to this transaction for which Seller may be liable or which Seller is required by law to collect. 6. Delivery. Delivery dates are estimates only. Seller shall not be liable for any total or partial failure to deliver or for any delay in delivery or production due to causes beyond its control, including but not limited to acts of God, acts of Buyer, war or civil unrest, priorities; fires, strikes, natural disasters, delays in transportation, or inability to obtain necessary labor or raw materials. Seller shall not be liable in any event for any costs, including but not limited to direct, special, indirect or consequential damages on account of failure or delay in delivery regardless of the cause. 7. Assurance of Performance. If Buyer is delinquent in payment at any time, or if in Sellers judgment, Buyers credit becomes, impaired or unsatisfactory, Seller, may, in addition to its other, remedies, cancel Buyers credit, stop further performance, and demand cash,'security'or other adequate assurance of payment, satisfactory, to it. 4« J. 8. Limited Warranty. Seller warrants for a period of one year following original shipment by Seller that its products are free'from defects in material or workmanship furnished by Seller. Seller will repair or at its option replace free of charge any product found by it within one year of original shipment to be defective in breach of said warranty upon return thereof transportation prepaid to the location specified by Seller. No returns will be accepted without priorwritten authorization by Seller. The Foregoing is Seller's sole warranty and Buyer's exclusive remedy and IS IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED WHICH ARE HEREBY EXCLUDED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING IN NO EVENT. SHALL SELLER BE LIABLE FOR LOSS OF USE OR PROFITS OR FOR ANY OTHER SPECIAL INDIRECT -OR CONSEQUENTIAL DAMAGES, OR FOR DEFECTS IN DESIGN OR ENGINEERING WHETHER PERFORMED BY IT OR BY OTHERS, OR FOR ANY AMOUNTS IN EXCESS OF SELLER'S NET PRICE OF THE PRODUCT IN QUESTION WHETHER SUCH AMOUNTS ARE CLAIMED TO RESULT FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. 9. Production Performance Estimates. Any production or performance standards furnished Buyer depend on several variable factors. No such estimates are guaranteed. 10. Compliance with Laws, Warnings and Indemnification. In those instances in which Seller provides health or safety information, warning statements, and /or instructions in connection with the installation, use or maintenance, including preventive maintenance, of its products (and Seller assumes no obligation to do so), Buyer agrees to comply with all such information, warnings and instructions. Buyer further agrees to communicate all such information, warnings and instructions to its employees, agents and subcontractors, and to subsequent buyers and users of those products. Buyer will comply with all applicable laws. Buyer will indemnify and hold Seller harmless for Buyers breach of this agreement. 11. Repairs: Job Lapping. Seller shall have no liability whatsoever for spoilage or damage to any products, parts or stock furnished for lapping or repair. In addition to the specific exclusions in paragraph 8 above, Sellers liability shall be limited to cases of its negligence, and then only to the extent of cancellation of its charges for lapping or repairing the spoiled or damaged parts, products or stock. 12. Confidentiality. All technical and commercial information and ideas which Seller has supplied or shall supply Buyer, but excluding information in the public domain or properly in Buyers possession in tangible ferry bef. c receiving such ,fcrmaticn from Seller, "confdentiai Information is p oprietary to Seiierand is to Buyer in confiaence for the limited purpose of assisting Buyer in the evaluation or use of Sellers products. Buyer shall not without Sellers prior written consent, disclose or make available such confidential information to any other person or use such confidential information except for such limited purpose. All confidential information shall be returned to Seller on demand, and, in any event, when no longer needed by Buyer in connection with Sellers products. In addition to Sellers other remedies, Buyer agrees that any benefit or property derived by Buyer from any unauthorized use of confidential information shall be the sole and exclusive property of Seller. 13. Shortages. Claims for shortages must be made within five days after receipt of goods. All other claims must be made within 30 days of shipping date (except for warranty claims, which are governed by Paragraph 8 above). 14. Patents. Buyer will protect and indemnify Seller against all claims arising out of patents, designs, trade secrets, copyrights, or trade names with respect to products manufactured wholly or partially to Buyers designs or specifications, including any costs, expenses, loss, attorneys' tees, settlement payments, or damages. 15. Government Contracts. If the items purchased hereunder are to be used in fulfilling a contract with the United States Government, Seller will comply with all mandatory provisions required by the government applicable to Seller, provided that Buyer gives Seller written notice of such provisions in sufficient time to permit compliance. 16. Export Regulations. Buyer will not any technical data, or commodities that are controlled by the Export Administration Act or Regulations in violation thereof. Buyer agrees to defend, indemnity and hold harmless Seller from and against any claim, loss, liability, expense or damage (including liens or legal fees) incurred by with respect to any of Buyers export or re- export activities contrary.to applicable export and import controls. 17. Amendments: No addition to, modification or revision of the terms and conditions contained herein shall be valid unless in venting, and signed by duly authorized representative of Seller. 18. Goveming Law and.Severability. To the extent that the rights and liabilities of the Buyer and Seller are not defined herein; they shall be enforced in th'e courts in Illinois in accordance with the Uniform Commercial Code as in effect in the State of Illinois, and the agreement between Buyer and Seller shall be. construed in accordance.with the laws of that State. If any term or condition hereof is found to be illegal or unenforceable, the balance heFeof shall remain in full force and effect." 19. Code of Conduct. John Crane Inc. "the Company is committed to conducting its business ethically and lawfully. To that end the Company, through its ultimate parent company, Smiths Group pic, maintains a Code of Corporate Responsibility and Business Ethics and mechanisms for reporting unethical or unlawful conduct. The Company expects that the Buyer will also conduct its business ethically and lawfully. If the Buyer has cause to believe that the Company or any employee or agent of the Company has behaved unethically or unlawfully under, or in connection with, this Agreement, Buyer is encouraged to report such behavior to the Company or to Smiths Group plc. Smiths Group plc's Code of Corporate Responsibility and Business Ethics and mechanisms for making such reports are available on www.smiths- Qroup.com. 20. Destination Control Statement. These commodities, technologies or software are exported from the United States in accordance with the Export Administration Regulations. Diversion contrary to U.S. law prohibited. 12/2006 Revised re No 301 -S St e Bo 1995) CCOUnts For ACCOUNTS PAYABLE VOUCHER Form No. 301 (Rev. 1995) TO ADDRESS Invoice Date Invoice Number Item Amount r. I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except 1 19 Signature Title I hereby certify that the attached invoice(s), or bill(s), is (are) and correct and I have audited same in accordance with IC 5- 11- 10 -1.6. Officer Title Voucher No. Warrant No. ACCOUNTS PAYABLE DETAILED ACCOUNTS SANITATION DEPARTMENT ACCT. CARMEL, INDIANA No. Favor Of Ox V562 Ch,'c 1 4 604 ?3 Total Amount of Voucher Deductions 2 o• 7 9-60.0 y 7 s Amount of Warrant Month of 19 Acct. VOUCHER RECORD No. Collection System Operation Plant Commercial General Undistributed Construction Depreciation Reserve Stock Accounts Merchandise Total Allowed Board Members Filed BOYCE FORMS SYSTEMS 1 -800 -382 -8702 325 I