20071004Report.pdf

Oct 04 07 10: 39a Nolan Gneiting 208-745-0041 p. 1
141 AI V- W-o~ -
Morning View Water Company Inc.
3996 E. 200 North
POBox 598
FUgbv. Idaho 83442
208-745-0029 murninQ ViC\\:1U!~1t::,
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P\\cst. n~1 FAX [phone]
FAX COVER SHEET
To: Idaho Public Utilities Commission
Fax No. 208-334-3762
Attention: Dan Graves
From: Nolan Gneitin~ (Q) Mornine: View Water Companv Inc.
Date: October 4, 2007
Subject: Meter Implementation
Number of Pages (including cover)
Notes:
Dan Graves
As you requested I am sending a copy of the bid from HD Supply Waterworks for the
meters. We have asked four different sub-contractors to bid on installation. Only one of
the four has any interest in doing the job, and he has been very slow in getting us a bid.
We will continue to pursue sub-contractors for bids.
I have also included information on the maintenance and repair of the wells from this
summer. These do not include the pumps; they were paid for out of the contingency
fund. The pumps were purchased before we applied for the rate increase and therefore
that information was included in your audit.
Sinc~rely', -7 -
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Oct 04 07 10: 40a Nolan Gneiting 208-745-0041
Run Date 9/27/07 HD SUPPLY WATERWORKS , LTD.
HDSWW - IDAHO FALLS ID
1966 W Heyrend WayIdaho Falls
Telephone: [phone]Fax: [phone]
83402
9/24/07 Bid ID: 1526792 MORNINGVIEW METERS Page
Line Quantity SellPer Description NetPrice ExtendedPrice
5/8X3/4 MJ05 MTR USG (S)STD.65.555.
REG MJ05-5AA-NAA-2 SEBILOY BDY
PART # MJO5-5AA-NAA-
MASTMETE MJ09-1BD-AAA-COL 153.364.
D WATER MULTI-JET METERS - BRO
NZE MAINCASE WITH DIALOG REG IS
TERS AND PLASTIC LIDS US GALLO
PART # MJO9-1BD-NAA-
150 3/4X1/8 MTR GASKET ,NEOPRENE 22.
1X1/8 MTR GASKET , NEOPRENE 15.
Subtotal:957.
Tax:Bid Total:957.
Oct 04 07 10: 40a Nolan Gneiting 208-745-0041
TERMS AND CONDITIONS OF SALE
All references in this document to "Seller" shall include each subsidiary or division of The Home Depot Supply, Inc. whether or not specifically Identified
herein, and Seller s obligations hereunder may be performed by any entity that is part of Seller.
All sales made to Buyer by Seller are subject to these Terms and Condrtions of Sale, which shall prevail over any inconsistent terms of Buyer s purchase
order or other documents. No terms and conditions in any way altering or modifying these provisions shall be binding upon Seller unless they are
specifically authori2:ed in writing by Seller s authorized representative, and such additional or different terms are expressly objected tc. No modification or
alteration of these provisions shall result by Sellers shipment of goods following receipt of Buyer s purchase order, or other documents containing
provisions, terms, or conditions in addition to, in conflict with, or inconsistent with these provisions. There are no terms, conditions, understandings, or
agreements other than those stated herein, and all prior proposals and negotiations are merged herein.
Prices in quotations made by Seller are subject to change wrthout notice, and all quotations expire and become invalid if not accepted within 10 days from
the date of issue, unless otherwise noted by Seller in writing. Price extensions when made are for Buyers convenience only, and they, as well as any
mathematical, stenographic or clerical errors, are not binding on Seller, Prices shown do not include any sales, excise, or other governmental tax or charge
payable by Seller to federal, state or local authority, Any taxes now or hereafter imposed upon sales or shipments will be incremental to the purchase price
and Buyer shall reimburse Seller for any such tax or provide Seller with an acceptable tax exemption certificate. All prices and other terms provided to Buyer
under this document shall be kept confidential except to the extent that a party is required by law to disclose the same.
Seller shall not be liable for delay or default in delivery resulting from any cause beyond Seller's reasonable control , including, but not limited to
governmental action, strikes or other labor troubles, fire, damage or destruction of goods, wars (declared or undeclared), acts of terrorism , manufacturers
short:lges, inability to obtain transportation, materials, fuels, or supplies, and acts of God (each a "Force Majeure Event"). Upon the occurrence of a Force
Majeure Event, (a) the time for Seller s performance shall be extended reasonably and Buyer and Seller shall adjust all affected dates accordIngly, and (b)
the purchase price shall be adjusted for any increased costs to Seller resulting from such Force Majeure Event.
Seller is a reseller of goods and as such does not provide a warranty for the goods it supplies hereunder, Notwithstanding the foregoing, Seller shall pass
through to Buyer any transferable manufacturer s standard warranties with respect to goods purchased hereunder. BUYER AND PERSONS CLAIMING
THROUGH BUYER SHALL SEEK RECOURSE EXCLUSIVELY FROM MANUFACTURERS IN CONNECTION \/\11TH ANY DEFECTS IN OR FAILURES OF
GOODS, AND THIS SHALL BE THE EXCLUSIVE RECOURSE OF BUYER AND PERSONS CLAIMING THROUGH BUYER FOR DEFECTIVE GOODS
(IRRESPECTIVE OF WHETHER THE CLAIM OF BUYER OR THE PERSON CLAIMING THROUGH BUYER SHALL SOUND IN CONTRACT, IN TORT, IN
STRICT LIABILITY, PURSUANT TO STATUTE, OR FOR NEGLIGENCE). SELLER EXCLUDES AND DISCLAIMS ALL OTHER EXPRESS AND IMPLIED
WARRANTIES INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER ASSUMES
NO RESPONSIBILITY WHATSOEVER FOR SELLER'S INTERPRETATION OF PLANS OR SPECIFICATIONS PROVIDED BY BUYER, AND BUYER'
ACCEPTANCE AND USE OF GOODS SUPPLIED HEREUNDER SHALL BE PREMISED ON FINAL APPROVAL BY BUYER OR BY ARCHITECTS
ENGINEERS, OR OTHER THIRD PARTIES RATHER THAN ON SELLER'S INTERPRETATION. IN NO EVENT, WHETHER IN CONTRACT, WARRANTY
INDEMNITY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY OUT OF THE
PERFORMANCE OR BREACH OF THIS DOCUMENT, SHALL SELLER BE LIABLE FOR (a) ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR
INDIRECT DAMAGES SUCH AS LOST PROFITS OR DELAY DAMAGES, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR CAUSED BY
SELLER'S BREACH OF THIS DOCUMENT, (b) ANY CLAIM THAT PROPERLY IS A CLAIM AGAINST THE MANUFACTURER, OR (c) ANY AMOUNT
EXCEEDING THE AGGREGATE AMOUNT PAID TO SELLER FOR GOODS FURNISHED TO BUYER UNDER THIS DOCUMENT.
Buyer shall indemnify, defend, and hold Seller its officers, directors, employees, and affiliates harmless from any and all liability resulting from or related to
any third party claim, complaint and/or judgment arising from Buyer s use of any goods furnished hereunder, as well as any negligent, intentional, or tortious
act or omission of Buyer or any material breach by Buyer of this document.
When goods are delivered to Buyer in Seller s own vehicles, the F.B. point shall be Buyer s designated delivery site, but in all other cases the F.B. point
shall be Seller s store or warehouse and all responsibility and costs of shipping and delivery beyond the applicable F.B. point shall be borne by Buyer.
Title and risk of loss shall pass to Buyer at the applicable F .B, point, which for goods not delivered in Seller s own vehicles shall be when Seller deliver~
the goods to the common carrier. No claim for shortage of goods or for loss or damage to goods as to which Seller has the risk of loss shall be allowed
unless Buyer, within 10 days after receipt of the short or damaged shipment, gives Seller written notice fully describing the alleged shortage or damage.
Any change In product specifications, quantities, destinations, shipping schedules, or any other aspect of the scope of supply may result in a price
adjustment by Seller. No credit for goods returned by Buyer shall be given without Seller s written authorization, All returns are subject to a restocking
charge.
Unless otherwise agreed in writing, payment terms are net 30 days. Notwithstanding the foregoing, all orders are subject to Seller s continuing approval 01
Buyers credit. If Buyer s credit is not approved or becomes unsatisfactory to Seller then Seller, in its sole discretion, may require different payment terms
including cash on delivery or in advance of shipment. In addition , Seller may in its discretion require an advance deposit of up to 100% of Seller s selling
price for any specially manufactured goods ordered by Buyer hereunder. Payments due hereunder shall be made in the form of cash, check, or money
order. Seller may apply Buyers payment against any open charges within Seller's sole discretion. Past due accounts bear interest at the lesser of 1.5% per
month or the maximum rate permitted by applicable law, continuing after Seller obtains a judgment against Buyer. Seller may exercise setoff or recoupment
to apply to or satisfy Buyer s outstanding debt Buyer shall have no right of setoff hereunder, the same being expressly waived hereby.
Buyer shall not export or re-export, directly or indirectly, all or any part of the goods or related technology obtained from Seller under this document unless in
accordance with applicable export laws and regulations of the United States of America (US). Further, a Buyer that is a non-US company or citizen shall
similarly limit any export or fe-export activrty to that which would be. deemed compliant with US export iaws and regulations if performed by a US company
citi2:en. The foregoing requirements shall survive any satisfaction or termination ofthis document and obligations hereunder.
Buyer shall pay. Seller all costs and expenses of collection, suit, or other legal action brought as a result of the commercial relationship between them
including all actuai attorneys' and paralegals' fees incurred pre-sufi, through trial, on appeal, and in any administrative or bankruptcy proceedings. Any
cause of action that Seller has against Buyer may be assigned without Buyers consent to The Home Depot Supply, Inc. or to any affiliate of The Home
Depot Supply, Inc.
This document and the account and business relationship between Buyer and Seller shall be governed and construed in accordance with the laws of Florida
wrthout regard to conflicts of laws. Subject to the foregoing, Buyer and Seller agree that any legal action brought by either as a result of the account or
business relationship between Buyer and Seller shall be brought in the venue of the state where the sales from Seller to Buyer occurred, and any right to
object to such venue orto assert the inconvenience of such forum is hereby waived.
If Buyer fails to comply with these Terms and Conditions of Sale, Seller may terminate or restrict any order upon notice to Buyer. Buyer certifies that it is
solvent and that rt will advise Seller immediately if rt becomes insolvent. Buyer agrees to send Seller written notice of any changes in the form ofownershiF
of Buyer ,. busine5S within 5 days of such changes.
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