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208270 04/25/2012 CITY OF CARMEL, INDIANA VENDOR: 088550 Page 1 of 1 ONE CIVIC SQUARE EVERETT J PRESCOTT INC CARMEL, INDIANA 46032 PO BOX 350002 CHECK AMOUNT: $1,205.72 sf,? BOSTON MA 02241 -0002 CHECK NUMBER: 208270 CHECK DATE: 4/25/2012 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 601 5023990 4511574 927.74 OTHER EXPENSES 601 5023990 4513456 126.41 OTHER EXPENSES 601 5023990 4514443 42.40 OTHER EXPENSES 601 5023990 4518467 109.17 OTHER EXPENSES Pipeline Specialists EVERETTJ. PRESCOTT, INC. 061�a "I r n rzaff" SEE CONDITIONS OF SALE AND HOME OFFICE [�RF PAYMENT TERMS ON REVERSE. E nsvonenon 32 PR STREET O� P.O. O. BOX BOX 600 PAGE NO. METER BACKFLOW SERVICES P.O. eex 600 I. GARDINER, MAINE 04345 210 SHEEP DAVIS ROAD, CONCORD, NH 03301 Gardiner, ME 04345 Yo Everett J. Prescott, Inc. TELEPHONE (207) 582 -1851 603 224 -8425 FAX 603 224 -3842 207 582 -5019 FAX 207 582 -9118 I I INVOICE DATE (-1 /1 r I_ "t' -)1'1 L:: ,.1 P IAI n d t T E. r:! O 1 7. s WAREHOUSE :i =a`I i i y _L o i i I. !'1;_. PACKING SLIP NO. 1. r.,. r.: REMIT 1 p I` P'. I I'y 1. I .J cF T r CUSTOMER NO, TO> t.' f:il1_.....,;;yt' k(: t.!.;i "i' #t: la r. 55 X :_'_'.{(:iti3 WAREHOUSE r, riCi. st :il: i. a. L•i`.) ..r62,::i 4 L INVOICE i' y' G:. i:'1 1�. I"y ;`s F'r r _.'-•t r' t_ ..r. r {;�t R_� r zr SOLDTO> i'' t..11 C.f::3i"3!'�fi:.E.._ "r::i:;__ �.1.;:::. SHIPTO li' di L. d. CUSTOMER P.O. NO. JOB NAME JOB NO. SLS. DATE DUE DATE SHIPPED SHIPPING METHOD i .<l.: _.r' �rt`.. :9•r�'. .Li .(i.tP� T�! 1�1�13 O D D 0 l.f: (:.]AJ000U D D 0I THANK YOU AMOUNT 4 4C', FOR YOUR BUSINESS! TAX AMT .00 PLEASE NOTE: OUR TERMS FREIGHT 0C) ARE NET 30 DAYS. YOUR r °j •t t' e .("10 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, 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 notice, except where film quotations have been provided in w6tim by authorized management personnel of EJP. 'Fries: Prices do not include any present or future federal, state, or local taxes (inchrding, without limitation, sales tax. rise 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 tire Buyer furnishes to EJP a to exemption certificate in a form agreeable to the applicable taxing authorities, If EJP is required to prepay any such tax. Buyer will reimburse EJP in full upon demand. Payment 'Perms: EJP Open Credit accounts are established for.comrnercial. non consumer use only. Unless an approved commercial Open Credit account is established. payment in good funds or approved check must be'nnade bet' ore 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 clay falls. SFR- VICE CHARGE IS I r4% PER MONTI I (18 A.P.R.) ON THE BALANCE OVER 30 DAYS OF AGE. TI IE BUYER AGREES TO PAY ALL COSTS AND LXPENSES OF COLLECTION, INCLUDING REASONABLE ATTORNEY'S FEES, and EJP claims it mechanic's lien under applicable state law. Acceptance by EJP: All orders from the Buyer are Subject u.) 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 C 4NCEI -L F 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 EIP assumes no responsibility or liability for loss or damage due to delay or inability to deliver, if such non- perfornrrnee was the result of arty events or circumstances beyond the control of EJP. 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 rnan:rfacturers. 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 front delays or failure to give notice of delay. Shipment: Shiptnent of all products is to one given destination rot all items including pipe, unless otherwise indicated in writing. Risk of loss shall trans fer to the Buyer upon tender of goods to Boyer, 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 is 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 damafged 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. 1.)elivery will be made on hard surfaces only. Any darn atge 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 the reported within 10 days following delivery to Bayer. 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 a iv defects. nonconformance or rejection of such products. After site[) 1'0 day perioel, Buyer shall be d earned to have inevocably'ztccepted tlte 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 that such 10 day period is a reasonable amount of time for such inspection and revocation. Returns: Materials cannot be returned withoutEJP'S written consent. NO RETURNS ARE ALLOWED AND NO REFUNDS WILL BE MADE ON 6 PIPE OR (ii) SPECIALLY FABRICATED OR ORDERED JTEMS. THE SOLE AND EXCLUSIVE REMEDY FOR St !CH ITEMS ALLEGED TO BE DLFEC FIVE 1.N WORKMANSHIP OR MATERIAL.., W11.1, BE THE. REPLACEMENT OF THE ITEMS SUBJECT TO THE MANUFACTURER'S 1 NSPEC TTON AND WARRANTY. All other returned material is subject to a MINIMUM 25�� RE- HANDLING CHARGE, plus transportation charges. Unless other wivc agreed by the Buyer and F..JR 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, IFANY, IS THAT PROVIDED BY TFFE PRODUCT'S MANUF'ACT'URER. EJP MAKES NO EXPRESS OR IMPLIED WARRANTIES, EJP HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES. WHETHER IMPLIFI) BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE-.. UNDER NO CIRCUNIVISTANCES, AND IN NO EVENT, WILL EJP BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE OR ANY OTHER LOSS, DAMAGE, COST OR REPAIRS OR INC- DEN'TAL, 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, MANUFACTURE. SALE. TRANSPORTATION, [INSTALLATION, OR REPAIR OF THE PRODUCTS SOLD BY EJP. BUYER ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, AND IN NO EVENT. SHALL: F.JP'S LIABILITY. IF ANY. EXCEED THE.,' NET SALES PRICE OF THE DEFECTIVE PRODUCT(S). Isntire 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 a'rentents and conclitions of sale: no course of dealing or usage of the i ade 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 ntanagenient personnel of EJP. All transactions shall be governed solely by the teens and conditions contained herein. All purchase orders issued pursuant to an EJP quotation shall be deemed issued subject to all EJP terms'and conditions herein contained. These terms and conditions shall supersede those of the. Buyer. Governuif; Law: 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. Connnunications: 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 Horue Office address is 32 Prescott Street, P.O. Box 600, Gardiner. Maine 04345. Telephone (20 8 -t851. Fax (207) 582 -5637. E-mail e,Ip@)gjprescott.com. EJP T &C nevtsion ante 6109 Pipeline Specialists =GARDI NER MAINE SCOTT, INC. ns11a3D SEE CONDITIONS OF SALE AND FICE PAYMENT TERMS ON REVERSE. STREET E 600 PAGE NO FLOW SERVICES P.O. Box 6o0 INE 04345 CONCORD, NH 03301 Gard iner, ME 04345 O 7 582 -1851 207 582 -5019 FAX 207 582 -9118 I 603 224 -3842 i i INVOICE DATE i 1 REMIT i ':1`I i is I.r t. p'; (.1.:i.. f j o WAREHOUSE I i 'il''I E:.._i i jfl j: r'; d 3. l7 r.: #.:1 t5 PACKING SLIP NO. :J. 1 157 TO> 1,- f.. r l i:rt.. C_,i i ltt CUSTOMER NO. WAREHOUSE r.. I k f`.J F';t-I �l 17 C:=._.2'. :a`. i:. E !.J,,...t; ORIGINAL i. f INVOICE SOLD TO> a. '1' i._If- (.`e'';rz: "ic ::.t.... SHIP TO i, f "1)= f (�IiJ aCi. I i "1 .l:i._. t. r...w 1 a J. r d .:i i.:i 4 a 3 4.:. i r e I, :L t is t: CUSTOMER P.O. NO. JOB NAME JOB NO. SLS. DATE DUE DATE SHIPPED SHIPPING 'METHOD c. t' J t J.: f i.:} :1 r C a. '3" r 1_ o aBgum 9 =l Im l o now of gm 2 `1• i f, I_} N J..f t� 1 +v. E I f�_ 7 t.; .J. 0 5B t 2 -}t_ 7 2 t L.. f 1_ 1 _.;:4`' r f-t _tie�,::.i f 2 t5 'r t .?0 1 :..t. i._! •,Y e.: I' t..a l.f f. K :Z. v I" A 3 .V {'m '7+,..r r.1 2 9 t; P •.._•--r r r t r 't) 1 Gy v •r t (.1 1 ;.9 k1 t C: fir ,.'f• '.i f '.y I i F. t i .7 w'' EA a .0 r� y f'r rn 0 d y .r L',. I I" i i 7'a ".S r.�{ 1 4 I t 3 4 t•' L: r r t L, R :.i •.1 i,..., 1. s__ f+...} 386 1 0 i_j 2 I'•i,__'r :..I: CIA P Ih.Y-i :17. L1 1 1 3 i "J„ 1.._ THANK YOU AMOUNT '92'i 4 FOR YOUR BUSINESS! TAX t :'r 1 MT, 0 0 PLEASE NOTE: OUR TERMS FREIGHT ARE NET 30 DAYS. YOUR O t 1-, t:: r SERVICE CHARGE IS 1;4 °/a PER MONTH (18 A.P.R.) ON THE BALANCE OVER 30 DAYS OF AGE. THE BUYER HELP IS NEEDED AND V AGREES TO PAY ALL COSTS AND EXPENSES OF COLLECTION, INCLUDING REASONABLE ATTORNEY'S FEES, r AND EJP CLAIMS A MECHANIC'S LIEN UNDER APPLICABLE STATE LAW. APPRECIATED. 1 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 msnagementpersonnel of FIR "faxes: Prices do not include any present or future federal, state, or local taxes (including, without limitation, tales 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 ]:raid by the Buyer. unless the Buyer furnishes to EJP a tax exemption certificate in a form agreeable to the applicable taxing authorities. If EJP is required to prepay any such tax. Bayer xvill reimburse EJP in full upon demand. Payment 'Perms: EJP Open Credit accounts are established for commercial, non consumer use only. Unless all 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 flays. no cash discounts allowed. Service Charges commence after 30 days and are calculated on the last clay of the month in which the 3001 dmv falls. SER- VICE C}JARGE IS ]h% PER MONT'11 (18% A.P.R.) ON '['HE BALANCE OVER 30 DAYS OF AGE. THE BUYER AGREES TO PAY ALL, COSTS AND EXPENSES OF COLLECTION, INCLUDING REASONABLE ATTORNEY S FEES, and EJP claims it 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 CANCEL.L,BD OR RETURNED AFTER THE... PRODL'CT(S) IS, PLACED INTO PRODLICTION. All.charses and costs incurred by EJP asst result of cancel ations 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 assures no responsibility or liability for loss or damage due to delay or inability to deliver, if such non- perf6rmurc.e was the result of any events or circumstances beyond the control of EJP, 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 manulacnorers. Under no circurnslances shall EJP be liable for any special, consequential. incidental, indirect, or liquidated damages, losses, or expense (whether or not based cm 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 toss shall tram fer w the Buyer upon tender of goods to Buyer, Buyer's representative, or common ca vier. T he cost of any special packing or special handling caused by Buver' 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 our 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 reported within 10 clays following delivery to Buyer. Buyer shall have 10 days front the date Buyer receives any products to inspect such products and services for detects and nonconformance and notify EJP, in writing, of any defects. nonconformance -or rejection of such products. After such 10 clay period, Buyer shall be deered.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 al;rces that such 10 day period is a reasonable amount of time for such inspection and revocation. Returns: Materials cannot be retuned without EJP'S written consent. NO RETURNS ARE ALLOWED AND NO REFUNDS WILL BE MADE ON (i) PIPI: OR (mi) SPECIALLY FABRICATED OR ORDERED ITEMS. THE SOLE AND EXCLUSIVE REMEDY FOR SUCH ITEMS ALLEGED TO BE DF:FECTIVF..IN WORKMANSHIPOR MATERIAL. WILL BE THE RF,PI.,AC:EMENT OFTHE ITEMS SUBJECTTO THE MANUFACTURER.'S INSPFC- TION AND WARRANTY. All other returned material is subject to a MINIMUM 25 4: 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. Warranty: THE BUYER'S SOLE AND EXCLUSIVE WARRAN'T'Y, IFANY, T:S THAT PROVIDED BY THE PRODUCT'S MANUFACTURER. EJP MAKES NO EXPRESS OR IMPLIED WARRANTIES. EJP HEREBY DISCLAIMS ALL. EXPRESS OR IMPLIED WARRANTIES. WHETHER flviPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF ME,RCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE, UNDER NO CIRCUMSTANCES, AND IN NO EVENT, WILL I.IP 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, CONTRACT. STRICT L.IABIIATY, NEGLIGENCE OR ANY OTHER CAUSE., OF ACTION ARISING IN CONNECTION WITH THE DESIGN, MANUFACTURE. SALE. TRANSPORTATION. TNS'IALLA'hON. OR REPAIR OF TIII PRODUCTS SOLD BY EJP. BUYER ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, AND IN NO EVENT. SHALL F,JP'S I..LABILITY..IF ANY. EXCEED THE NF,T SAI.._FS PRICE OF THE DEFECTIVE PRODUCT(S). Entire Agreement: This document constitutes the entire, complete, and exclusive apreement 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 wage 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 EJR All transactions shall be governed solely by the terns and conditions contained herein. All purchase orders issued pursuant to an EJP quotation shall be deemed issued subject to all EJP teams and conditions herein contained. These teams and conditions shall supersede those of the Buyer. Governing Law: 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 foram, 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 Mainc 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 axre'pondence and inquiries sh 3 uuld be directed to your IOCaf EJP Division. The Home Office address is Prescott :Street, P.O. Box 600, Gardiner. Maine 04345, Telephone (207) 582 -1851. Fax (207) 582 -5637. E -mail cjp @ejprescott.cinn. F.,,IP'r &c nevision Darer 4,09 Pipeline Specialists EVERETT J. PRESCOTT, INC. nz�n�ll SEE CONDITIONS OF SALE AND o HOME OFFICE PAYMENT TERMS ON REVERSE. n p ��p 32 PRES STREET P.O BOX BOX soo r PAGE NO GARDINER, MAINE 04345 METER BACKFLOW SERVICES P.O. Box 600 210 SHEEP DAVIS ROAD, CONCORD, NH 03301 Gardiner, ME 04345 [O�CQO +•n 't "9 Everett J. Prescott, Inc. TELEPHONE (207) 582 -1851 603 224 -8425 FAX 603 224 -3842 (207) 582 -5019 FAX (207) 562 -9118 INVOICE DATE 4 0 1. t E' I r. i.._ �t i i a r PACKING SLIP NO. c L, r r REMIT I C:.l1F'; .L Tt l.:i'tTl {va. j i J ..a WAREHOUSE >FEA1'I I"._. r t>J 1. it to J. cd i I C7 .L :i. r5 .I. t r,_. CUSTOMER No. WAREHOUSE 22 .tC t..: Ji',1 r 11 h-1 .]..1'id.. ]ail "i:.A i31. J. Li 7 I N "t6 r7:.,: 1. 0 2 1 ..?2 f`t 1 1 r:• 131 ORIGINAL INVOICE SOLD TO t.;.;.. i '...)1 ,c: SHIP TO (1.1.. f.:)p�' �;E�k;i 'L i' e t 17! t$ .1. i\ C.: 2 I'i I tc' .I. T N 6 7 `t 46 t+ CUSTOMER P.O. NO. JOB NAME JOB NO. SLS. DATE DUE DATE SHIPPED SHIPPING METHOD I F !H- 1=i ry7� G! I: ,y G*' 1. 0 t y-� :1 r' 7� 3 7 /I. ri i:' 1. t lyl,l� I O D UA".Al'lL'_13N 411:L UU l�W D O VAl'L lJ`L:]1:I000 V WLU IYU,11.`a3 D D OII� .J =i 0 _7 1 1. f.:. t" .f f f__ i t I .f. (.i J. i•� 1. 12 6 "•t 1 t.� t J. 7.:_ i 0 1 THANK YOU AMOUNT 26 t,. J FOR YOUR BUSINESS! TAX Ai'i`+ %k0 PLEASE NOTE: OUR TERMS FREIGHT 00 ARE NET 30 DAYS. YOUR k' I 14, 1° 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. D. 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 EJP. 'faxes: Prices cto not include any present or future federal. state, or local taxes (including, without limitation, titles tax. use tax, excise tat;, or otherwise) unless speeifically 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 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. non consumer use only. Unless an approved coninnercial 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 clays, no cash discounts allowed. Service Charges commence after 30 days and are calculated on the last clay of the month in which the 30th clay falls. SER- VICE CHARGE IS 1' F'ER MONTH (18% A.P.R.) ON THE BALANCE OVER 30 DAYS OF AGE. THE BUYER. AGREES TO PAY ALT... COSTS AND EXPENSES OF COLLECTION, INCLUDING REASONABLE ATI'ORNEY'S FEES, and EJP claims a mechanic's lien under applicable state law. Acceptance by E,IP: 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 EJP as a result: of cancellations or order changes will be billed to the Buyer. Delivery: EJP will stake 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 non- petfornnance was the result of any events or circumstances beyond the control of EJP. 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 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 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 BuVer'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 us it 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 E.IP'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 mush 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 not conformance and notify EJP, in writing, of anv defects. nonconformance or rejection of such products. After such 10 -flay 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 clay period is a reasonable amount of time for such inspection and revocation. Returns: Materials cannot be returned without EJF''S written consent. NO RETURNS ARE ALLOWED AND NO REFUNDS WILL BE MADE ON (i) PIPE OR (ii) SPECIALLY FABRICATED OR ORDERED ITEMS. THE SOLE AND EXCLUSIVE REMEDY FOR SUCH ITEMS ALLEGED TO BE DEFECTIVE IN WORKMANSHIP OR MATERIAL. AA ILL. BF, THE REPLACEMENT OF THE, ITEMS SUBJECTTO THE MANUFACTURER INSPEC- TION' AND WARRANTY. All other returned material is subject to a MINIMUM 25r 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. Warranty: THE BUYER'S SOLE AND EXCLUSIVE WARRANTY, IFANY, IS TIIAT' PROVIDED BY`I'ITF PRODUCT'S MAN UFAC`T'URER. EJP MAKES NO EXPRESS OR IMPLIED WARRANTIES. EJP HEREBY DTSCLAIrYIS ALL EXPRESS OR IMPLIED WARRANTIES. WHETHER INIII(.1FD 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 INC[- DENTAL, 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. MANUFACTURE. SALE, T'RANSPORT'ATION. INSTALLATION. 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 PRODUCT(S). Entire Agreement: This clocument 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 he 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 leans and conditions contained herein. All purchase orders issued pursuant to an EJP quotation shall be deemed issued subject to all EJP tents and conditions herein contained. These terms and conditions shall supers '(to those of the Buyer. Governing Lave. This transaction shall be governed in all respects by the laws of the State of Maine (excluding choice of law provisions). All actions, rega of form, arising out of or in connection with this transaction, the products sold by EJT', 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: FJ. Prescott, Inc., P.O. Box 350002, Boston. MA 01241-0502. All other correspondence and inquiries should be directed to your local F...JP Division. The Home Office address is 32 Prescott Street, P.O. Box 600, Gardiner. Maine 043.15. Telephone (207) 582 -1851. Fax 207) 582 -5637. E -mail e n�cjprescott.com. EJP TRC Revision nano 4:09 Pipeline Specialists EVERETT J. PRESCOTT, INC. SEE CONDITIONS OF SALE AND HOME OFFICE PAYMENT TERMS ON REVERSE. O Tansportatlon p 32 PRESCOTT STREET O� P.O. BOX 600 PAGE NO. GARDINER, MAINE 04345 METER BACKFLOW SERVICES P.O. Box 600 210 SHEEP DAVIS ROAD, CONCORD, NH 03301 Gardiner, ME 04345 Everett J. Prescott, Inc. TELEPHONE 207 603 224 -8425 FAX (603) 224 -3842 582 -1851 FAX 207)582- 9118 8 f Q( 207)582-5019 INVOICE DATE :r f• .i. -1 'r•• i: r, ri PACKING SLIP NO. i 1 REMIT WAREHOUSE >i L.��4i I :_._j,'' f•{1,: {,I,,,.l.;_t,r.'t, L iE> +'::..L _:i TO s h..(... ...r 3i, D t f CUSTOMER NO 1c; WAREHOUSE t:: "tiY r tF2 L'. 1 "1 t. I;t� a _.p. 1.: ORIGINAL INVOICE SOLD TO> t`1" (:1f *:1 !,_1 1. 1-- SHIP TO )`f` -)1: C .�)._.a...l 1. i W 1 -Yt f. j I.: r" i�' j' Lh r f a 1.. `.•:t "s. i. em :.4 i' ..'I •il .L I'•z C :cl 3' !T'r:�' 1. 7 tai CUSTOMER P.O. NO. JOB NAME JOB NO. SLS. DATE DUE DATE SHIPPED SHIPPING METHOD o !�'�ii• �ITU�iI o o Q� o l 1 5 -.360 F• 10X. 2 1RE:P C.'L_i -)r! P 1. :1. ti.? h1 .1 EA 1 i! 1 109,. 1 THANK YOU AMOUNT 109. 1. FOR YOUR BUSINESS! TAX All 00 PLEASE NOTE: OUR TERMS FREIGHT 00 ARE NET 30 DAYS. YOUR }'C• h e F A. 00 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, u .1• ;")1? 1. 7 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 chan without notice, except where firm quotations have been provided in writing by authorized management ent personnel of EJ Taxes: Prices clo not include any present or future federal, state., or local taxes (including, without limitation, sates tax. use tax, excise tax, or otherwise) unless specifically stated. It is the responsibility of the Buyer to pay all site]] 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 it lax exemption cernticate in a form agreeable to the applicable taxing authoritics. If EJP is required to prepay any such tax. Buyer will reimburse EJP in tLll 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 in time of delivery. Commercial Credit terms 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 clay falls. SER- VICE CHARGE IS IX% PER MONTII (I M A.P.R.) ON THE BALANCE OVER 30 DAYS OF AGE. THE 13UYER AGREES TO PAY ALL COSTS AN l) EXPENSES OF COLLECTION, INCLUDING REASONABLE ATTORNEYS 1 EES, and EJP claims a mechanic's lien under applicable state law. Acceptance by FJP: All orders from the Buyer arc subject to'acceptiriea by authoriz.VA tit E.,JI'. and, in the; case of Open Acaiunt: Sakes, approval of the EJP Credit Department. Cancellations: SPECIAL OR NON- STOCK ITEMS MAY NOT BE CANCEI -LED 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. r Deliver 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 non- performance was the result of any events or circumstances beyond the control of EJP, 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 manufacturers. Under no circurnstances shall E.IP be liable for any special. consequential. incidental, indirect, or liquidated clamages, losses, or expense (whether or not based on negligence) arising directly or indirectly from delays oi Iaihue to give notice or delay. Shipment: Shipment of all products is to ()lie given destination for all items including pipC, unless otherwise indicated in writing. Risk of Loss shall trans fee to the Buyer upon tender of goods to Buyer, Buyer's representative, or common easier. The cost of any special packing or special handling caused by Buyers 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 it 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 responsibiluv ceases upon under of goods to Buyer, Buyer's representative or common carrier. Delivery will be made on hard surfaces only. Any darn- age of towing charges resulting from "non hard surface deliveries" shall be the responsibility of the Buyer. Inspection and Acceptance: Claims for dan)age, shortage or errors in shipping must be repotted within 10 days following delivery to Buyer. Bayer shall have 10 clay's front the date Buyer receives any products to inspect such products and services for defects and nonconformance and notity EJP, in writing, of any defects. nonconformance or rejection of-such products. After such 10 day period, Buyer shall be deemed to have irrevocably accepted the prod- ucts, if trot 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 clay period is it 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 ii) PIPI OR (ii) SPECIALLY FAi3RiCATED OR ORDERED ITEMS. THE SOLE AND EXCLUSIVE REMEDY FOR St;C'H ITEMS ALLEGED TO BE UEFEC I'iVEINWORKMANSHIPORMATERIAL.W11..,1.,BETlLEREPLACE)MENTOFTHE ITEMS SUBJECTTO THE MANUFACTURER'SINSPEC- TION AND WARRAiNTY. All other returned material is subject to it MINIMUM 25�c RE- HANDLING CHARGE, plus transportation charges. Unless other tviec a;reed 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 WARRAN'T'Y IFANY, IS THAT PROVIDED BY THE PRODUCT'S MANUFACTURER. E.11 MAKES NO EXPRESS OR IMPLIED WARRANTIES, EJP HEREBY DiS(:LAiMS Ai.I.. EXPRESS OR IMPLIED WARRANTIES. WHETHER INIPLITD 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, 'JILL. Iz.I'P BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE OR ANY OTHER LOSS, DAMAGE, COST OR REPAIRS OR INC- DENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR LIQUIDATED DAMAGES OF ANY KIND, WHL'THER BASED UPON WARRANTY, CONiRACT. STRICT LIABILITY, NEGI...IGENCE OR ANY OTHER CAUSE OF ACTION ARISING IN CONNEC:TiON WITH THE DESIGN. MANUFACTURE. SALE. "IRANSPOKI'AI iNSI \LLATION. OR REPAIR OF THE PRODUCTS SOLD BY E R BUYER ACKNOWLEDGES ANI:) AURF,ES THAT UNDER NO CIRCUMSTANCES, AND IN NO EVENT. SHALL E.IP`S LIABILITY. IF ANY. EXCEED THE NET SALES PR ICE OFTHE DEFEC'T`IVE PRODUCT(S). Entire This document constitutes; the entire, complete, and exclusive agreement between the parties with respect to the Subject matter here- of and contains al[ the agreernents and conditions of sale: no course of dealing or usage of the trade shall be applicable unless expie:ssly incorporated Itcre- in. The terms and conditions contained herein tnay not be added to, modified, superseded or otherwise altered except by a written modification signed by atthori: management personnel of EIP, All transactions shall be governed solely by the tens and conditions contained herein. All purchase orders issued pursuant to an EJP quotation shall be deemed issued subject to all EJP terms and conditions herein contained. These terns and conditions shall supersede those of the Buyer. l:urerning Law: 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 wide this transaction, the products sold by F.TP, or the relationship between the Buyer and F.,71' shall be brought in the courts of the State of Maine within the applicable statutory period. Conttntu ieations: Payments only should be directed to: E.J. Prescott, Inc„ Pao. 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 Prescon Street, P.O. Box 600, Gardiner. Maine 04345. Telephone. (207) 582 -1851. Fax (207) 582- 5637. E -mail i?jp(tucjprescottcotn. EJP r8C Revision rate 4109 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 4/17/2012 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 4/17/2012 4514443 $42.40 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 icer VOUCHER 114308 WARRANT ALLOWED 88550 IN SUM OF E.J. Prescott, Inc. P.O. Box 350002 Boston, MA 02241 -0002 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code 4514443 01- 6200 -06 $42.40 4 LA 9 a 7 -7�{ Y 51 Su (,;l J C'f-2 17 k i {y Voucher Total .7Z Cost distribution ledger classification if claim paid under vehicle highway fund