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Home My WebLink About240496 12/23/14 (9, CITY OF CARMEL INDIANA VENDOR: 359348 ONE CIVIC SQUARE CALLAWAY GOLF COMPANY CHECK AMOUNT: S'""""133.72` CARMEL, INDIANA 46032 Po Box 9002 CHECK NUMBER: 240496 CARLSBAD CA 92018-9002 CHECK DATE: 12/23/14 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1207 4356007 925627908 133.72 GOLF HARDGOODS w -- —-------— — —— ACCOUNTNUMBER _ .INVOICE ` INVOICE DATE x� ''- `' PO TERMS' 15546 925627908 12/10/14 Sam Thorpe Net Due 30 days REP. ",-ORDER DATE- ORDER# r . ��TEx CONTACT..NAME .„ "- ;�SHIP.=VIA�. ;_ _ ,,REFERENCE,,. NE DUE:DATE� 891 12/08/14 CC00088651 Brian Ballard UPS GRD/STD .01/09/15 ITEM - STOCK NUMBER DESCRIPTION, -. `ORDER ",SHIP;.. . ; 'B.O." ",,"�LIST PRICE ; "DISCOUNT_ NET PRICE "EXTENSION" DELIVERY NO 818940087 10 73054432535 PT RH VERSA BWB WH 7CS 35 1 1 125.00 0.00 125.00 125.00 Sam TRACKING NO 1ZW9412EO326520527 a Start the New Year off with a fresh clean account. Call us to a help clear'up old items at 800-228-2767 #3. SUBTOTAL 125.00 Make your payment online—CallawayConnect.com Track your shipment—UPS.com FRT CHARGE 8.72 BILL TO: CITY OF CARMEL BROOKP.O.BOX 9002 12120 B OOKHIRE GOLF CLUB a CARLSBAD,CA 92018-9002 CAR B IN 4603 -3 PKWY Y TELEPHONE(760)931-1771 CARMEL IN 46033-3314 TOTAL DUE 133.72 TOLL FREE(800)228-2767 SHIP TO: BROOKSHIRE GOLF CLUB RETURN AUTHORIZATION REQUIRED. CITY OF CARMEL ALL U.S.SALES MADE BY&SHIPPED BY CALLAWAY GOLF SALES COMPANY. CAR B IN 4603IRE PKWY CARMEL IN 46033 0001:0001 Page 1 of 1 upon those rights. Callaway chooses not to do business with those whose sales practices violate 20) All specifications,samples,price lists,payment terms and other information furnished by the law,deceive or are otherwise unfair trade practices. The Company chooses not to do Callaway to Customer pursuant to this Sales Policy shall be considered proprietary and business with those who disparage its products or fail to fully promote them. Callaway may confidential information of Callaway.Customer shall not publish or disclose in any way any of choose not to do business with those that violate any of its sales policies. Callaway's confidential information for any purpose.All of Callaway's information and all 5) Point of purchase displays belong to Callaway and must be surrendered upon request. copies thereof(including,without limitation,all materials containing or embodying Callaway's 6) Unpaid balances will bear a finance charge at the rate of 1.5%for each month or portion of a confidential information) are and shall remain the sole property of Callaway and shall be month they are overdue.Customer consents to the sole and exclusive jurisdiction of the federal returned promptly to Callaway upon completion or termination of the activity for which and state courts in San Diego,California,for any suit,action or proceeding arising from the sale Customer has obtained such confidential information or at any other time immediately upon or purchase of Galloway's products. Callaway's request. 7) Program benefits and/or account credits may be withheld from customers not in good credit 21) Customer represents and warrants that in its performance hereunder it will comply with standing. Credit limits are subject to evaluation and could be denied,adjusted or removed at all applicable federal, state, local and foreign laws, rules, regulations, administrative and any time at Callaway's sole discretion. Customers must immediately notify Callaway of executive orders,and pertinent governmental procurement regulations.Customer and its owners, ownership or financial responsibility changes. Callaway customer accounts are based on officers,directors,employees, or agents have not and will not engage in any activities that location;upon a change of financial responsibility at a location,the account balance becomes violate the United States Foreign Corrupt Practices Act,the UK Bribery Act,or any other anti- due and payable at that time. corruption laws or laws prohibiting the payment of commercial or private bribes.In particular, and not in limitation of the foregoing,Customer and its owners,officers,directors,employees, 8) Credits on account will be applied in accordance with policies determined by Callaway's credit or agents will not pay,offer,or promise to pay,or authorize the payment directly or indirectly, department. Please contact the credit department for information about the policy or to ask any of any money, gift, or anything of value to any government official for the purpose of questions about how it is applied. influencing any act or decision of such official or of the government to obtain or retain business, 9) Callaway may choose not to do business with those that resell its products for export outside the or direct business to any person.As used in this Section,"government official"means any continental United States. Callaway also may choose not to do business with those that sell to minister, officer, director or employee of a government or any department, agency, or persons other than consumers. B accepting delivery of product,Customer understands that instrumentality thereof, or of a public international organization such as the World Bank, P Y P g r'Y P � P g it is prohibited from selling such products for resale outside the continental United States International Monetary Fund or United Nations),or any person acting in an official capacity for and will not sell such products without approval from Callaway to persons other than or on behalf of any such government or department,agency,or instrumentality,or for or on consumers or-from other than approved locations. behalf of any such public international organization.. 10) To ensure that it provides the highest level of service, Callaway may monitor and record 22) Callaway shall be excused for delays in the performance of its obligations hereunder due customer telephone calls.Calling Callaway constitutes Customer's consent to monitoring and to causes beyond its reasonable control,or the control of its suppliers,including,but not limited recording. If Customer does not want a call monitored and recorded, please inform the to acts of God,acts of war,terrorism,riots,civil disorders,rebellions,revolutions,strikes,labor representative who answers the call. disputes, sabotage, accident or breakdown of machinery or plant, unavailability of 11) Customer purchasing product free from sales tax and making a taxable use of product(i.e,any transportation,restraints affecting the delivery of material or credit;any acts by a third party, purpose other than retention,demonstration,or display while holding-for sale in the regular any third partyproducts or any other cause_beyond the reasonable_control of Callaway,__ course of business)is responsible for the reporting and payment of tax due direct to the proper including, but not limited to failures or fluctuations in electrical power, heat, light, air taxing authority when state law so provides or may inform Callaway of the desire for added tax conditioning,computer hardware and/or software or telecommunications equipment(each,an billing. For example,product purchased for personal use,for use as rental club stock or drop "Event of Force Majeure'.Upon the occurrence of an Event of Force Majeure,Callaway shall shipped to a consumer in the state of California is considered taxable. Any questions be excused for such non-performance,hindrance or delay,as applicable,of those obligations concerning sales tax should be directed to the Callaway Tax Department. affected by the Event of Force Majeure for as long as such Event of Force Majeure continues and Callaway continues to use commercially reasonable efforts to recommence performance 12) Customer acknowledges that(i)Callaway's stripping terms are F.O.B.Shipping Point and legal whenever and to whatever extent possible without undue delay. If the Event of Force Majeure title and risk of loss transfers to tine Customer upon delivery by Callaway of the purchased causes a delay of 120 consecutive days or more from the original date of performance,Customer products to the carrier,(ii)Callaway(as Customer's agent for this sole purpose)has obtained shall have the right to terminate the contract by written notice to Callaway,it being understood transit insurance on behalf of the Customer listing the customer as an insured party,(iii)in the that the right of termination shall be the sole and exclusive remedy of Customer. event of a transit loss,the Customer authorizes Callaway(as Customer's agent for this sole 23) TO THE FULLEST EXTENT PERMITTED BY LAW,COMPANY SHALL NOT BE purpose)to assist in negotiating and processing any such claims with the insurance company on LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, COMPENSATORY the Customer's behalf,and apply proceeds from any such claim to the Customer's accounts AND/OR SPECIAL DAMAGES,WHETHER OR NOT COMPANY WAS ADVISED OF OR receivable account and (lthe Customer is fully responsible for all amounts related to WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT purchased products regardless of the amount available insurance proceeds,if any. Requests LIMITATION,DAMAGES RESULTING FROM LOSS OF USE,PROFITS,BUSINESS OR for damage claims with carriers must be made within 21 days of invoice date. GOODWILL. IN NO EVENT SHALL COMPANY'S AGGREGATE LIABLITY ARISING 13) Delivery refusals may be subject to a 10%processing fee. All returns are at the sole discretion OT OF OR IN CONNECTION WITH THE SALE OF PRODUCTS,IN CONTRACT,TORT of Callaway and are subject to its policy on returns which is incorporated herein by reference.If OR OTHERWISE,EXCEED THE PURCHASE PRICE PAID BY CUSTOMER FOR THE you want a copy,please call customer service. PRODUCT TO WHICH SUCH LIABILITY RELATES. 14) Callaway's consumer warranty policy is set forth at www.callawaveolfcom which constitutes 24) The invalidity or unenforceability of any provisions of these Terms shall not affect the the Company's sole warranty with respect to the Products it manufactures.Callaway disclaims validity or enforceability of any other provision of these Terms,which shall remain in full force all other warranties, express or implied, including, without limitation the warranty of and effect. Galloway's failure to exercise or delay in exercising any right,power or privilege merchantability or the warranty of fitness for a particular purpose and assumes no responsibility under these Terms shall not operate as a waiver;nor shall any single or partial exercise of any for any special, incidental, or consequential damages as to all Products and components. right,power or privilege preclude any other or further exercise thereof. Callaway further disclaims any implied or express warranty of,and assumes no responsibility for,defects in workmanship caused by third parties. 25) This Sales Policy applies to all of Galloway's products,and Callaway reserves the right to change or discontinue this Sales Policy at any time,with or without reason or cause. 15) Callaway will not accept return of custom.logo product unless defective in material or workmanship. Any changes or cancellations must be submitted prior to production. Customer - order cancellation fees and change fees may apply to orders that have begun the production process. In the normal course of production,Callaway may produce custom logo products in Callaway Golf's Sales Policy can also be found on www.callawayconnect.com. VOUCHER NO. WARRANT NO. ALLOWED 20 Callaway IN SUM OF $ P.O. Box 9002 Carlsbad, CA 92018-9002 $133.72 ON ACCOUNT OF APPROPRIATION FOR Brookshire Golf Club PO#/Dept. INVOICE NO. I ACCT#!TITLE AMOUNT Board Members 1207 925627908 j 43-560.07 j $133.72 1 hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except Thursday, December 18, 2014 Director, Brookshi off Club Title Cost distribution ledger classification if claim paid motor 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 service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 12/10/14 925627908 Club $133.72 ' 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 , 20 Clerk-Treasurer