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169495 03/04/2009 CITY OF CARMEL, INDIANA VENDOR: 068199 Page 1 of 1 ONE CIVIC SQUARE JOHN CRANE INC CHECK AMOUNT: $1,379.18 �)e CARMEL, INDIANA 46032 Po eox 91502 CHICAGO IL 60693 CHECK NUMBER: 169495 CHECK DATE: 3/4/2009 DEPARTMENT ACC OUNT PO NUMBER IN NU AMOUNT DESCR 651 5623990 2153406 1,379.18 OTHER EXPENSES A D -U -N -S Number: 00 -509 -4347 John Craine Inc. TIN: 13-3372060 INVOICE All 21 53406 John Crane Inc P.O. Box 91502 INVOICE DATE: 02/13/09 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 REGARDING THIS INVOICE CA 812 949 -0001 SHIP VIA: UPS PREPAY /ADD BOL: Customer Q.O. No. Our Order No. Ship Date F.O.B. Sales Rep Terris S11500 RP333417 02/13109 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 M174441 FX 1372.00 1372.00 SEAL ASSEMBLY Type: 21 Size: 5.000 IN Face Finish: POLISH Mating Ring Type: 0- RGSLQT Drawing: CFSP -22421 Material Code: B 015 1 B 015 1 8- 8/18 -8 Type2:21 Size2: 5.000 IN Mating Ring Type2: O- RGSLOT Face Finish2: POLISH Drawing2: CFSP -22421 Material Code2: B F50 1 B 015 18- /18-8 Work Code: IN -FIXED INTRA ST FIXED REPAIR Subtotal 1,372.00 LABOR 0.00, Freight 7.18 "PARTS 0.00 0.00 0.00 ORIGINAL Tax Total 0.00 Currency USD Total 1,379.18 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. 1 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 Seller's 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 bome 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 fled with respect to Buyer or (c) causes beyond Seller's 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 Buyer's 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 Seller's 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 anytime, or if in Seller's judgment, Buyers credit becomes impaired or unsatisfactory, Seller may, addition to its other remedies, cancel Buyers credit, stop, further per tormance, and demand cash. security or other adequate assurance of payment satisfactory to it. 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 fumished by Seller. Seller will repair 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 prior written 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 OFNERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, 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 fumished 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, andlor 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 urther 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 fumished 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 Buyer's possession in tangible form before receiving such in formation from Seller_( "confidential information is proprietary to Seller and is disclosed to 6uver in confidence for the limited purpose of assisting Buyer in the evaluation or use of Sellers products. Buyer shall not without Sellers priorwritten 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 Seller's 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 Buyer's designs or specifications, including any costs, expenses, loss, attorneys' fees, 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 export any technical data, or commodities that are controlled by the Export Administration Act or Regulations in violation thereof. Buyer agrees to defend, indemnify and hold harmless Seller from and against any claim, loss, liability,.expense or damage (including liens or legal fees) incurred by Sellerwith respect to any of Buyers export or re -export activities contrary to applicable export and impart controls. 17. Amendments. No addition to, modification or revision of the terms and conditions contained herein shall be valid unless in writing, and signed by duly authorized representative of Seller. 18. Governing 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 the 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 hereof 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 h ultimate parent company, Smiths Group plc, 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 onder, 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 -oroup.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 Prescribed by State Board of Accounts City Form No. 201 (Rev 1995) ACCOUNTS PAYABLE VOUCHER CITY OF- CARMEL i, 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 p f 068199 u �r JOHN CRANE INC. Purchase Order No. 200 QUALITY AVE. Terms NEW ALBANY, IN 47150 Due Date 2/23/2009 Invoice Invoice Description ,.Date Number (or note attached invoice(s) or bill(s)) Amount i 2/23/2009* 2153406 $1,379.15 �1 D 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 Date Officer VOUCHER 095078 WARRANT ALLOWED 068199 IN SUM OF JOHN CRANE INC. 200 QUALITY AVE. NEW ALBANY, IN 47150 Carmel Wastewater Utilit ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code 2153406 01- 7202 -05 $1,372.00 2153406 01- 7202 -05 $7.19 Voucher Total $�5 Cost distribution ledger classification if claim paid under vehicle highway fund