Huntington Park PO 251 Neese Materials Drainage Gravel

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    Instructions for Filling out an electronic Purchase Order

    Your electronic Purchase Order (PO) has four tabs in its excel workbook; the

    Instruction Tab which contains these instruction, the PO List Superintendent tab

    which is a spreadsheet designed to keep track of all your POs for the project, the PO

    tab whi

    To keep proper track of your POs, use the PO list Superintendent tab, it is the

    second tab at the bottom of your workbook. This will help you keep track of all the

    purchase orders you have written. Add your new Vendor to the list logging your

    Vendors

    Once you have a PO # from your PO list go to the PO tab, it is the third tab at the

    bottom of your workbook. You will use this number on the PO you are writing. Fill out

    the PO. DONT FORGET TO INCLUDE THE PROPER TAX AMOUNT. This will

    change from job

    Distribute to your Vendor, PM, PM Assistant and Accounts Payable including the PO,

    PO terms and exempt certificate, if it pertains. It is very important that you send the

    Vendor an actual PO, this is proof of the pricing agreement as well as payment agre

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    P.O. NO. NAME OF COMPANY TOTAL P.O. NO. NAME OF COMPANY TOTAL

    Job # -200 Job # -250

    Job # -201 Job # -251Job # -202 Job # -252

    Job # -203 Job # -253

    Job # -204 Job # -254

    Job # -205 Job # -255

    Job # -206 Job # -256

    Job # -207 Job # -257

    Job # -208 Job # -258

    Job # -209 Job # -259

    Job # -210 Job # -260

    Job # -211 Job # -261

    Job # -212 Job # -262

    Job # -213 Job # -263

    Job # -214 Job # -264

    Job # -215 Job # -265

    Job # -216 Job # -266Job # -217 Job # -267

    Job # -218 Job # -268

    Job # -219 Job # -269

    Job # -220 Job # -270

    Job # -221 Job # -271

    Job # -222 Job # -272

    Job # -223 Job # -273

    Job # -224 Job # -274

    Job # -225 Job # -275

    Job # -226 Job # -276

    Job # -227 Job # -277

    Job # -228 Job # -278

    Job # -229 Job # -279

    Job # -230 Job # -280

    Job # -231 Job # -281Job # -232 Job # -282

    Job # -233 Job # -283

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    Job # -236 Job # -286

    Job # -237 Job # -287

    Job # -238 Job # -288

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    Job # -241 Job # -291

    Job # -242 Job # -292

    Job # -243 Job # -293

    Job # -244 Job # -294

    Job # -245 Job # -295

    Job # -246 Job # -296Job # -247 Job # -297

    Job # -248 Job # -298

    Job # -249 Job # -299

    PURCHASE ORDERS

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    P.O. NO:

    DATE:

    EMAIL: [email protected]

    VENDOR SHIP TO

    QTY RECEIVED UNIT UNIT PRICE LINE TOTAL

    550.00 TN 28.75$ 15,812.50$

    TAXABLE SHIPPING COSTS $0.00

    11-020 SUBTOTAL $15,812.50

    Code SALES TAX 0.00% $0.00

    Comments: SUBTOTAL $15,812.50

    NONTAXABLE SHIPPING COST $0.00

    TOTAL $15,812.50

    Date

    CELL: 402-416-7037

    Bill Roberts January 23rd, 2013

    Authorized by

    DESCRIPTION

    3/8" Washed Pea Gravel

    Project is Tax Exempt

    approved prior to delivery to site.

    8300 Pines Rd.1919 Shiloh, Suite 312 B

    Shreveport, LA

    402-416-6880

    N/A

    deliveries.

    Jeff Rickets

    251

    February 18, 2013

    1322

    1201 ARIES DRIVE

    FAX: 402.423.4487

    LINCOLN, NE 68512

    JOB NO:

    Paul Nagy

    Attn: Pat Wolfe

    PHONE: 402.423.6653

    Material to be delivered to site.

    TBD

    SHIPPING METHOD SHIPPING TERMS DELIVERY DATE

    FOB Project Site

    Neese Materials

    Garland TX. 75042

    OFF: 972-421-1856

    Landscapes Unlimited LLC

    PURCHASE ORDER

    DEVELOPMENT | CONSTRUCTION | RENOVATION | RESTORATIONGOLF | RECREATION | SPORTS | LEISURE | IRRIGATION | LANDSCAPING | HARDSCAPES

    1. Please send two copies of your invoice.

    2. Enter this order in accordance with the prices, terms, delivery method, andspecifications attached here to.

    3. Please notifiy us immediately if you are unable to ship as specified.

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    . e er s nso vency. urc aser w ave t e r g t to cance t s contract w t out o gaton or to requre assurances o per ormance sat s actory to t n t e event o t e

    insolvency of the Seller or in the event the Seller files a voluntary petition under any bankruptcy or insolvency law or makes an assignment for the benefit of creditors or in the event

    a petition under any bankruptcy or insolvency law is filed against the Seller.

    . a ver y urc aser. ny wa ver o s r c comp ance w any o e erms an con ons o s con rac y urc aser mus e n wr ng an s gne y urc aser, an any

    such waiver shall not constitute a waiver of Purchasers rights under any other provision of this contract or a waiver of Purchasers rights to strict compliance with any of the terms

    and conditions of this contract thereafter.

    . omp ance w t aw. e er warrants t at a goo s an wor urn s e un er t s contract w comp y w t a app ca e e era an state aws, ru es, regu at ons, or ers

    and ordinances from time to time in effect.

    7. Protection of Purchasers Label. Except for sales to Purchaser under this contract, seller may not sell or otherwise dispose of any goods (including, without limitation, any

    goods that are rejected or returned or that are not delivered) bearing any trademark, trade name or other proprietary mark or notation of the Purchaser. All labels furnished to theSeller are and shall remain the property of the Purchaser, and any which are not affixed to the goods in accordance with Purchasers requirements shall be returned to the Purchaser.

    8. Sellers Indemnity. Seller will hold Purchaser harmless from and pay any loss, damage, judgment, cost or expense (including, without limitation, legal fees and court costs)

    and Seller will indemnify Purchaser against any liability and against any claim or action (regardless of the merits thereof) arising out of

    4. Inspection of Goods. The goods and work covered by this contract shall be subject to inspection and acceptance or rejection by Purchaser after delivery, notwithstanding prior

    payment, it being understood and agreed that payment shall not constitute acceptance. Purchaser may charge Seller the expense of unpacking, examining, repacking, storing and

    reshipping any goods found defective or not in conformity with the terms of this contract. In addition to its other rights under this contract including, without limitation, any right to

    damages, (a) Purchaser may require Seller to replace any item which Purchaser is entitled to reject hereunder or grant a full refund or credit to Purchaser in lieu thereof, and (b)

    Purchaser may replace any goods or work which it is entitled to reject under this contract with other goods or work.

    . e er s arrant es. e er warrants t at t e goo s an wor covere y t s contract are o exce ent qua ty, are sa e or uman use, an t at suc goo s an wor an t e r

    purchase, use and sale by Purchaser will not infringe upon or violate any patent, copyright, trademark, service mark or other right.

    9. Charges. Purchaser will not be charged for postage or packing unless otherwise specifically set forth on the face of this contract.

    Other Terms and Conditions

    1. Delivery; Defective Goods. If Seller fails to make timely delivery in accordance with the terms of this contract of all or any portion of the goods covered by this contract or if

    any of the goods delivered to Purchaser are defective or not in conformity with the terms of this contract in any manner, then Purchaser may retain all or any portion of the goods

    delivered under this contract and return, at Sellers sole cost and expense, those goods not retained - all without waiver of any claim Purchaser may have for Sellers breach

    including, without limitation, the right to damages and the right to cancel this contract. A breach of this contract by Seller will also constitute a breach by Seller of any other

    contract between Seller and Purchaser entitling Purchaser, in addition to any other remedies it may have, to cancel such other contract.

    2. Material Terms of Contract. Seller acknowledges that all terms as to quantity, quality (see Section 5 following), other specifications and time of delivery are material

    elements of this contract and must be strictly complied with.

    . r ce anges. r ces may not e ncrease or any reason w atsoever, nc u ng, w t out m tat on, any c anges n currency rates, revenue aws, treasury regu at ons or tar sor increases in the appraisal of the value of the goods by the customs authorities of any country.

    16. Purchasers Rights Cumulative. The rights and remedies under this contract are cumulative and not exclusive of any rights or remedies to which Purchaser is entitled by law.

    The exercise by Purchaser of any right or remedy under this contract or under applicable law will not preclude Purchaser from exercising any other right or remedy under this

    contract or under applicable law will not preclude Purchaser from exercising any other right or remedy under this contract or to which Purchaser is entitled by law.

    17. Governing Law; Submission to Jurisdiction. his contract shall be governed by and construed in accordance with the law of the State of Nebraska. Purchaser and Seller

    agree that any legal action or proceeding under or with respect to this contract may be brought in the courts of the State of Nebraska or the United States having jurisdiction in the

    City, County and State of Nebraska; and for the purpose of any such legal action or proceeding, Seller hereby submits to the non-exclusive jurisdiction of such courts. Seller herebyagrees not to raise and waives any objection it may have to or any defense it may have based upon the venue of such courts or based upon an inconvenient forum. The Seller also

    agrees not to bring any legal action or proceeding under or with respect to this contract outside the City, County and State of Nebraska unless, for some reason, the courts of the

    State of Nebraska and the federal courts having jurisdiction in the City, County and State of Nebraska refuse or do not have jurisdiction in the matter.

    18. Waiver of Trial by Jury. Except as prohibited by applicable law, Purchaser and Seller shall, and they hereby do, expressly waive trial by jury in any matter arising out of, or

    connected with, this contract. With respect to any claim for which a jury trial cannot be waived, the parties agree not to assert any such claim as a counterclaim in, or move to

    consolidate such claim with, any action or proceeding in which a jury trial is waived unless failure to do so would result in a waiver of that claim.

    . any ac ua or a ege ea o or n ury o any person, any ac ua or a ege amage o or es ruc on o any proper y, or any o er ac ua or a ege

    damage or loss whatsoever, resulting or alleged to result in whole or in part from any actual or alleged defect in any goods or work covered by this

    contract, whether latent or patent and including, without limitation, any actual or alleged failure by such goods or work or the manufacture, possession, use

    or sale thereof to comply with any law, rule, regulation, ordinance or order; and

    B. breach by Seller of any provision of this contract or any warranty of Seller contained in this contract.

    Purchasers damages will include, without limitation, the cost to replace the goods or work covered by this contract and any consequential damages,

    including, but not limited to, loss of profits and claims made by Purchasers customers. Seller will, if requested by Purchaser, at Sellers own cost and

    expense, defend any such claim or action brought against Purchaser or those using or selling Purchasers products.

    12. Purchasers Right of Setoff. Purchaser may, at its option, set off any and all sums which Seller owes to Purchaser under this contract or otherwise against any and all sums

    which Purchaser owes to Seller under this contract or otherwise. In addition, to secure Sellers obligation to Purchaser under this contract, including, without limitation, damages

    for breach, Purchaser shall have, and Seller hereby grants to Purchaser, a security interest in any goods rejected by Purchaser under this contract.

    13. Severability. The invalidity or unenforceability of any provision of this contract under any present or future law, rule, regulation or ordinance will not affect any other

    provision of this contract, and the remaining provisions of this contract shall continue with the same force and effect as if such invalid or unenforceable provision had not been

    inserted in this contract.

    . men ment; erm nat on. o mo cat on or term nat on o t s contract s a e n ng upon t e urc aser un ess t s n wr t ng an s s gne y t e urc aser an t e

    Seller. Modifications and termination may be effected by facsimile exchanges.

    15. Acceptance of Contract by Seller. Delivery or tender of delivery by Seller of all or any portion of goods covered by this contract or the performance by Seller of any of the

    work covered by this contract shall, in and of itself, constitute acceptance by Seller of the terms and conditions hereof. Acceptance of this contract may only be on the terms stated

    herein.