225361 10/23/2013 CITY OF CARMEL, INDIANA VENDOR: 00353162 Page 1 of 1
ONE CIVIC SQUARE FERGUSON WATERWORKS INDY#1934 CHECK AMOUNT: $455.00
,o CARMEL, INDIANA 46032 PO Box 644054
PITTSBURGH PA 15264-4054 CHECK NUMBER: 225361
CHECK DATE: 10/23/2013
DEPARTMENT ACCOUNT PO NUMBER,. INVOICE NUMBER AMOUNT DESCRIPTION
601 5023990 0031242 455 . 00 OTHER EXPENSES
FERGUSON
ENTERPRISES,INC. LINVOICE'NF(MB XUSTOMER
6439 EAST 30TH STREET 0031242 3686 1
INDIANAPOLIS, IN 46219-0000
PLEASE REFER TO INVOICE NUMBER WHEN
MAKING PAYMENT AND REMIT TO:
Please contact with Questions:
317-546-2013
Ferguson Waterworks INDY #1934
P 0 BOX 644054
PITTSBURGH, PA 15264-4054
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00009466 01 MB 0.402 01 TR 047 FRIDCT01 000000
CARMEL UTILITIES
3450 W 131ST STREET
WESTFIELD, IN 46074 WE"
SHIP SELL TAX CODE CUSTOMER ORDER NUMBER SALESMAN JOB NAME IN DATE BATCH
WHSE- WHSE: — – - _ --
.... .1934 1934 INE GH91813 CJD 09/30/13 3852
4RDEREIY IESDRIP N UN-IT
-SHIPPED 1 1 GCST2 COLD-SHOT PIPE FREEZE KIT 455.000 EA 455.00
INVOICE SUB-TOTAL 455.00
TERMS: NET 10TH PROX ORIGINAL INVOICE TOTL:D.UE::::: ; 455.00
All accounts are due and payable per the invoiced terms.All past due amounts are subject to a service charge at the maximum rate allowed by state law plus
costs of collection including attorney fees if incurred.Freight terms are FOB our dock unless otherwise specified above. WARRANTY PROVISIONS: see REVERSE sioE A
TERMS AND CON=ONS OF SALE
CONTROLLING PROVISIONS:No terms and conditions other than the terms and conditions contained MANUFACTURE,SALE,TRANSPORTATION,INSTALLATION,USE OR REPAIR OF THE
herein("Terms")shall be binding upon Seller unless accepted by it in a writing signed by the Seller's PRODUCTS SOLD BY SELLER.BUYER HEREBY ACKNOWLEDGES AND AGREES THAT UNDER
Branch Manager.All terms and conditions contained in any prior oral or written communication,including, NO CIRCUMSTANCES,AND IN NO EVENT,SHALL SELLER'S LIABILITY,IF ANY,EXCEED THE
without limitation,Buyer's purchase order,which are different from or in addition to Terms are hereby NET SALES PRICE OF THE DEFECTIVE PRODUCT(S);NO ADDITIONAL ALLOWANCE SHALL BE
rejected and shall not be binding on Seller,whether or not they would materially alter this document,and MADE FOR THE LABOR OR EXPENSE OF REPAIRING OR REPLACING DEFECTIVE PRODUCTS
Seller hereby objects thereto.All prior proposals,negotiations and representations,if any,are merged OR WORKMANSHIP OR DAMAGE RESULTING FROM THE SAME.EXCEPT AS EXPRESSLY SET
herein. Buyer will be deemed to have assented to Terms if any part of the goods and/or services FORTH IN THIS PARAGRAPH,ALL PRODUCTS AND/OR SERVICES PROVIDED BY SELLER AND
("Products')described herein are shipped or an invoice is presented in connection with Products. ITS EMPLOYEES AND AGENTS ARE PROVIDED"AS IS "'WHERE IS,"AND"WITH ALL FAULTS."
TERMS:Buyer agrees to pay for Products Net 10th proximo,unless noted in writing otherwise. Buyer RECOMMENDATIONS BY SELLER:Buyer shall have no right to order any change or modification to
shall make all claims for billing errors or adjustments in writing within ten(10)days from the invoice date. any Product previously ordered by Buyer or its representatives or cancel any order without Seller's
Claims not received in writing within the time specified are waived by Buyer.If Buyer fails to make any written consent and payment to Seller of all charges,expenses,commissions and reasonable profits
payment to Seller when due,the Buyer's entire account(s)with Seller shall become immediately due and owed to or incurred by Seller.Buyer acknowledges that Seller does not make and specifically negates,
payable and Seller may suspend further performance under any order with Buyer. Seller may repossess renounces and disclaims any representations,warranties and/or guaranties of any kind or character,
and remove any such Product.where payment is outstanding,without notice or demand. Alternatively, expressed or implied,with respect to(i)the Products sold,their use,design,application or operation,
Seller may require Buyer to assemble and allow Seller to take possession.All past due amounts are their merchantability,their physical condition or their fitness for a particular purpose,(ii)the maintenance
subject to a service charge of 1 5%per month or up to the maximum rate permitted by law.If Buyer is in or other expenses to be incurred in connection with the Products,(iii)the engineering,design,fabrication
default for non-payment,then in addition to other remedies,Buyer agrees to reimburse Seller all costs of work or any other work or service (whether gratuitous or for payment)supplied by Seller and/or its
collections including reasonable attorneys fees. In jurisdictions where a stated rate is required, agents, suppliers and employees or (iv) the accuracy or reliability of any information, designs or
reasonable attorneys-fees will be 15° of the outstanding balance. documents furnished to Buyer.Seller neither assumes,nor authorizes any person to assume for it,any
other obligation in connection with the sale of its Products or rendering of its services. Any
SECURITY: To secure oayment and performance of all obligations, Buyer hereby grants Seller a recommendations made by Seller concerning the use,design,application or operation of the Products
Purchase Money Security Interest in all Products, inventory, equipment,and materials distributed by shall not be construed as representations or warranties,expressed or implied.Failure by Seller to make
Seller,whenever sold.consigned,leased.rented or delivered,directly or indirectly,to or for the benefit of recommendations or give advice to Buyer shall not impose any liability upon Seller. FOR
Buyer by Seller. This includes all construction related Products sold by Seller including but not limited to GOVERNMENT BUYERS,ALL PRODUCTS ARE OPEN MARKET UNLESS NOTED OR OTHERWISE
building materials,plumbing,appliances,waterworks,heating and air conditioning along with tools,safety INDICATED OTHERWISE.
accessories and related supplies ("Collateral"). The security interest extends to all repossessions,
returns,and all proceeds from the sale,lease or rental;and all existing or subsequently arising accounts INDEMNIFICATION: The Buyer shall at its own expense apply for and obtain any permits and
and accounts receivable,chattel paper,general intangibles,and supporting obligations which may from inspections required for the installation or use of the Products.Seller makes no promise or representation
1 m,e to tone he,eaite,come into existerce d.,rg the term of this Agreement.Buyer authorizes Seller to that the Products will conform to any federal, state or local laws ordinances, regwabors ccdes a
`ie tu.anang statements describing the Collateral along with other notices,and will assist Seller in taking standards,except as particularly specified and agreed upon in writing by an authorized representative of
ary other necessary action to perfect and protect Seller's security interest. Seller.The Seder's Products are not for use in or with any nuclear facility unless specifically so stated by
Seller in writing.
TAXES:The amount of any sales,excise or other taxes,it any,applicable to the Products shall be added
to the purchase price and shall be paid by Buyer unless Buyer provides Seller with an exemption Seller shall not be responsible for any losses or damages sustained by the Buyer or any other person as
certificate acceptable to the taxing authorities.Any taxes which Seller may be required to pay or collect a result of improper installation or misapplication of the Products.Buyer shall defend,indemnify and hold
under any existing or future law,upon or with respect to the sale,purchase,delivery,storage,processing, harmless Seller and its agents and employees against any loss,damage,claim,suit,liability,judgment or
use or consumption of any of the Products,including taxes upon or measured by the receipts from the expense(including,without limitation, attorney's fees) arising out of or in connection with any injury,
sale thereof,shall be for the account of the Buyer,who shall promptly pay the amount thereof to Seller disease or death of persons(including,without limitation,Buyer's employees and agents)or damage to
upon demand. or loss of any property or the environment,or violation of any applicable laws or regulations resulting from
or in connection with the sale,transportation,installation,use,or repair of the Products by Buyer or of the
SET-OFF:Buyer shall not be entitled to set-off any amounts due Buyer against any amount due Seller. information,designs,services or other work supplied to Buyer,whether caused by the concurrent and/or
contributory negligence of Buyer,Seller,or any of their agents,employees or suppliers.The obligations,
SHIPMENTS:All Products are shipped EX WORKS(INCO2010)unless noted otherwise in writing on indemnities and covenants contained in this paragraph shall survive the consummation or termination of
Seller's quotation. Risk of loss shall transfer to the Buyer upon tender of goods to Buyer, Buyer's this transaction.
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 REMEDIES OF SELLER:Upon default by Buyer,Buyer agrees to reimburse Seller all attorney fees and
shipment delay, or if Seller ships or delivers the Products erroneously as a result of inaccurate, court costs incurred by Seller in connection therewith. Buyer agrees that any of the following shall
incomplete or misleading information supplied by Buyer or its agents or employees,storage and all other constitute an event of default which shall enable Seller,at its option,to cancel any unexecuted portion of
additional costs and risks shall be borne solely by Buyer. this order or to exercise any right or remedy which it may have by law:(a)the failure of Buyer to perform
any term or condition contained herein;(b)any failure of Buyer to give required notice;(c)the insolvency
DELIVERY:Seller will make a good faith effort to complete delivery of the Products as indicated by Seller of Buyer or its failure to pay debts as they mature,an assignment by Buyer for benefit of its creditors,the
in writing, but Seller assumes no responsibility or liability and will accept no backcharge for loss or appointment of receiver for Buyer or for the materials covered by this order or the filing of any petition to
damage due to delay or inability to deliver,whether or not such loss or damage was made known to adjudicate Buyer bankrupt;(d)the death,incompetence,dissolution or termination of existence of Buyer;
Seller,including,but not limited to,liability for Seller's non-performance caused by acts of God,war,labor (e)a failure by Buyer to provide adequate assurance of performance within ten If 0)days after a justified
difficulties,accidents,inability to obtain materials,delays of carriers,contractors or suppliers or any other demand by Seller or(f)if Seller,in good faith,believes that Buyers prospect of performance under this
causes of any kind whatever beyond the control of Seller.Delivery to the job site constitutes delivery to Agreement is impaired.All rights and remedies of Seller herein are in addition to,and shall not exclude,
Buyer, regardless of whether Buyer or his agent is at the site at time of delivery or signs a delivery any rights or remedies that Seller may have by law. In the event it becomes necessary to incur any
receipt. Under no circumstances shall Seller be liable for any special,consequential,incidental,indirect, expense for collection of any overdue account, reasonable collection charges, including reasonable
or liquidated damages. losses, or expense (whether or not based on negligence) arising directly or attorneys'fees,will be added to the balance due and Buyer shall pay all such charges.
indirectly from delays or failure to give notice of delay.
SEVERABILITY:These terms and conditions of sale shall not be construed against the party preparing
INSPECTION AND ACCEPTANCE:Buyer shall examine material upon receipt and prior to installation. them,but shall be construed as if all parties jointly prepared these terms and conditions of sale and any
All claims for damage,shortages,improper delivery or errors in shipping must be made in writing within uncertainty or ambiguity shall not be interpreted against any one party.If any provision hereof is held to
five(5)days of delivery.CLAIMS NOT RECEIVED IN WRITING WITHIN THE TIME SPECIFIED ARE be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully
WAIVED BY BUYER.After such five(5)day period,Buyer shall be deemed to have irrevocably accepted severable and the terms and conditions herein shall be construed and enforced as if such illegal,invalid
the Products,it not previously accepted.After such acceptance,Buyer shall have no right to reject the or unenforceable provision had never been made a part hereof.The remaining provisions herein shall
P'OdUC1S for any reason or to revoke acceptance.Buyer hereby agrees that such five(5)day period is a remain in full force and effect and shall not be affected by such illegal.invalid or unenforceable provisions
reasonable amount of time for such inspection and revocation. or by their severance herefrom.
RETURNS:Buyer may return any Product which Seller stocks if.(i)it is in new condition,suitable for" -CERTIFICATIONS:Seller certifies that it does not and will not maintaw or provide for its employees any
resale in its undamaged original packaging and with all its original parts and(ii)it has not been used, segregated facilities at any of its establishments and that it does not permit and will not perrnit its
installed,modified,rebuilt.reconditioned,repaired..altered or damaged and(iii)meets all Local,State and employees to perform their services at any location, under its control,where segregated facilities are
Federal laws governing the type of Product that can be sold or put into transit in the State in which the maintained. Seller certifies further that its services are performed in compliance with the Fair Labor
Product is being returned.Buyer's surplus job returns,and those not meeting(i),(ii)and(iii),above,will Standards Act of 1938,as amended.
be evaluated on an individual basis after Buyer has contacted Seller's authorized representative for prior
written permission.Returns are subject to a 25%restocking fee,unless specified otherwise. Special NON-WAIVER:Seller's failure to insist upon the strict performance of any Term shall not be deemed at
orders or non-stock items may be returned if the manufacturer will accept the return.Except for items waiver of any of Seller's rights or remedies hereunder,nor of its right to insist upon the strict performance
Seller stocks which meet(i),(ii)and(iii),above,credit memoranda issued for authorized returns shall be of the same or any other term herein in the future.No waiver of any Term shall be valid unless in writing
subject to the following deductions: (a) cost of putting items in salable condition; (b) transportation and signed by Seller's Branch Manager.
charges,if not prepaid;and(c)handling and restocking charges.
GOVERNING LAW:This transaction shall be governed in all respects by the laws of the Commonwealth
WARRANTY:THE BUYER'S SOLE AND EXCLUSIVE WARRANTY,IF ANY,IS THAT PROVIDED BY of Virginia(excluding choice of law provisions).All actions,regardless of form,arising out of or related to
THE PRODUCT'S MANUFACTURER.THE SOLE AND EXCLUSIVE REMEDY FOR PRODUCTS this transaction or the Products sold hereunder must be brought against Seller within the applicable
ALLEGED TO BE DEFECTIVE IN WORKMANSHIP OR MATERIAL WILL BE THE REPLACEMENT statutory period,but in no event more than ONE(1)YEAR after the date of invoice.
OF THE PRODUCT SUBJECT TO THE MANUFACTURER'S INSPECTION AND WARRANTY.
SELLER HEREBY DISCLAIMS ALL EXPRESSED OR IMPLIED WARRANTIES,WHETHER IMPLIED ENTIRE AGREEMENT: This document constitutes the entire, complete, and exclusive agreement
BY OPERATION OF LAW OR OTHERWISE,INCLUDING,WITHOUT LIMITATION,ALL IMPLIED between the parties with respect to the subject matter hereof and contains all the agreements and
WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR conditions of sale; no course of dealing or usage of the trade shall be applicable unless expressly
PURPOSE.UNDER NO CIRCUMSTANCES,AND IN NO EVENT,WILL SELLER BE LIABLE FOR incorporated herein.The Terms may not be added to,modified,superseded or otherwise altered except
PERSONAL INJURY OR PROPERTY DAMAGE OR ANY OTHER LOSS,DAMAGE,COST OF by a written modification signed by the Seller's Branch Manager.All transactions shall be governed solely
REPAIRS OR INCIDENTAL,PUNITIVE,SPECIAL,CONSEQUENTIAL,OR LIQUIDATED DAMAGES by the Terms.
OF ANY KIND,WHETHER BASED UPON WARRANTY,CONTRACT,STRICT LIABILITY,
NEGLIGENCE 08 ANY OTHER CAUSE OF ACTION ARISING IN CONNECTION WITH THE DESIGN, Revised 0311412011
VOUCHER # 133047 WARRANT# ALLOWED
353162 W-4q� IN SUM OF $
FERGUSON -
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Carmel Water Utility
ON ACCOUNT OF APPROPRIATION FOR
i
Board members
PO# INV# ACCT# AMOUNT Audit Trail Code
i
0031242 01-6200-06 $455.00
Voucher Total $455.00
Cost distribution ledger classification if
claim paid under vehicle highway fund
Prescribed by State Board of Accounts City Form No.201 (Rev 1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show, kind of service, where
performed, dates of service rendered, by whom, rates per day, number of units,
price per unit, etc.
Payee
353162
FERGUSON ENTERPRISES - FEI Purchase Order No.
6439 EAST 30TH STREET Terms
INDIANAPOLIS, IN 46219 Due Date 10/14/2013
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
10/14/201: 0031242 $455.00
I hereby certify that the attached invoice(s), or bill(s) is (are) true and
correct and I have audited same in accordance�with ICp 5-11-10-1.6
la//7 �3
Date Officer