Loading...
HomeMy WebLinkAbout256261 03/15/16 4�p\ CITY OF CARMEL, INDIANA VENDOR: 359348 4�- 4 ® ONE CIVIC SQUARE CALLAWAY GOLF COMPANY CHECK AMOUNT: $*****6,808.77* ?�; CARMEL, INDIANA 46032 PO BOX 9002 CHECK NUMBER: 256261 y,�TON�. CARLSBAD CA 92018-9002 CHECK DATE: 03/15/16 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1207 4356007 926464901 -237.60 GOLF HARDGOODS 1207 4356007 926622913 1,975.41 GOLF HARDGOODS 1207 4356007 926633483 1,134.00 GOLF HARDGOODS 1207 4356007 926633487 140.60 GOLF HARDGOODS 1207 4356007 926633559 2,576.90 GOLF HARDGOODS 1207 4356006 926643343 999.00 GOLF SOFTGOODS 1207 4356006 926643423 25.28 GOLF SOFTGOODS 1207 4356007 926648260 195.18 GOLF HARDGOODS VOUCHER NO. WARRANT NO. ALLOWED 20 CALLAWAY GOLF COMPANY PO BOX 9002 IN SUM OF$ CARLSBAD, CA 92018-9002 $1,737.81 ON ACCOUNT OF APPROPRIATION FOR Brookshire Golf Course PO#/Dept. INVOICE NO. I ACCT#/Fund AMOUNT Board Members 926464901 43-560.07 ($237.60) 1 hereby certify that the attached invoice(s), or 1207 101 Prior Year 926622913 43-560.07 $1,975.41 bill(s) is (are)true and correct and that the 1207 101 materials or services itemized thereon for which charge is made were ordered and received except Thursday, March 03, 2016 Cost distribution ledger classification if claim paid motor vehicle highway fund escribed by State Board of Accounts City Farm No.201(Rev.1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL ,n invoice or bill to be properly itemized must show: kind of service,where performed,dates service rendered, by Thom, rates per day, number of hours, rate per hour, number of units, price per unit,etc. Payee Purchase Order No. Terms Date Due ,voice Date Invoice# Description Amount Dept. Fund# (or note attached invoice(s)or bill(s)) 12/01/15 926464901 Golf Hard Goods ($237.60) 1207 101 02/24/16 926622913 Golf Hard Goods $1,975.41 1207 101 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 i ACCOUNTNUMBER INVOICE INVOICE DATE PO TERMS 15546 - -`- 926622913 - ` 02/24/16 - - -- -D"erros-16 _ _ -Net Due 180 days----` REP ORDER DATE ORDER#' CONTACT NAME SHIP-VIA REFERENCE NET DUE DATE 914 12/29/15 37253129 Tim UPS GRD/STD 08/22/16 ITEM STOCK NUMBER DESCRIPTION ORDER. SHIP B.O. LIST PRICE DISCOUNT NET PRICE EXTENSION DELIVERY NO 820771149 10 43671513A237 WD RH XR 16 DR 10.5 GR REG 1 1 287.50 0.30 201.25 201.25 20 43679013A337 WD RH XR 16 DR 9.0 GR STF 1 1 287.50 0.30 201.25 201.25 30 43690319A237 WD RH XR 16 3FW GR REG 1 1 189.25 0.30 132.48 132.48 40 43690519A237 WD RH XR 16 5FW GR REG 1 1 189.25 0.30 132.48 132.48 50 43690319A337 WD RH XR 16 3FW GR STF 1 1 189.25 0.30 132.48 132.48 60 43689015A337 WD RH XR 16 PRO DR 9.0 GR STF 1 1 327.75 0.30 229.43 229.43 70 416866642237 WD RH XR OS HY 5H GR REG 1 1 180.75 0.30 126.53 126.53 80 416863642337 WD RH XR OS HY 3H GR STF 1 1 180.75 0.30 126.53 126.53 90 436663636337 WD RH APEX HY 3H GR STF 1 1 180.75 0.30 126.53 126.53 150 4980BA3392376 IR RH XR OS 3H 4H 5P ST REG 1 1 768.00 0.30 537.60 537.60 TRACKING NO 1ZW9412EO333686461 1ZW9412EO333704217 Callaway Golfs preferred payment method is ACH or check. ' . 7" SUBTOTAL 11946.56 Make your payment online-CallawayConnect.com Track your shipment-UPS.com FRT CHARGE 28.85 BILL TO: CITY OF CARMEL BROOKSHIRE GOLF CLUB lu�iaw, P.O.BOX 9002 12120 BROOKSHIRE PKWY [�j■• CARLSBAD,CA 92018-9002 CARMEL IN 46033-3314 .•FFA+ TELEPHONE(760)931-1771 TOTAL DUE 1,975.41 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 LIN 46 33-3HIRE PKWY CARMEL IN 46033-3314 0001:0002 Page 1 of 1 UP—uwse nguw. i uuaway cnuoses not to uo Dusmess wire mose wnose 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 ofpurchase 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 Callaway'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. By accepting delivery of product,Customer understands that instrumentality thereof, or of a public international organization (such as the World Bank, 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(ik.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 thud party products 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 shipping 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 the Customer upon delivery by Callaway of the purchased causes a delay of 120 consecutive days or more from the original date ofperformance,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.callawavnolf.com 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. Callaway'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 feesand-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. ACCOUNT NUMBER '.INVOICE `^ INVOICE DATE PO'. TERMS, _ 15546 926464901 12/01/15 1124 Brookshire Credit Memo `REP ORDER DATE s• ORDER,# "r CONTACT2NAME' ';°SHIP VIA` REFERENCE :NET DUE DATE , 914 11/26/15 61357414 UPS GRD/STD ADJUSTMENT 12/01/15 ITEM ' -6TOCK NUMBER 'DESCRIPTION ORDER `SHIP B O LIST PRICE` `DISCOUNT _NET'PRICE EXTENSION 10 642125212 BL CG CHROME SOFT 12B PK -8 -8 33.00 0.10 29.70 -237.60 . Callaway Golf's preferred payment method is ACH or check. SUBTOTAL -237.60 Make your payment online—CallawayConnect.com Track your shipment—UPS.com BILL TO: CITY OF CARMEL ��dl�/a BROOKSHIRE GOLF CLUB P.O.BOX 9002 12120 BROOKSHIRE PKWY a► Y CARLSBAD,CA 92018-9002 CARMEL IN 46033-3314 TELEPHONE(760)931-1771 TOTAL DUE -237.60 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 BROOKSHIRE 4603 -3 PKWY CARMEL IN 46033-3314 Page 1 of 1 0001:0001 upon those rights. Uallaway chooses not to 00 business with those whose sates 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 Callaway'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]row 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. By accepting delivery of product,Customer understands that instrumentality thereof, or of a public international organization (such as the World Bank, 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 l 1) 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 tine regular any third parry products or any other cause beyaid 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 Maj er hardware and/or software or telecommunications equipment(each,ll billing. For example,product purchased for personal use,for use as rental club stock or drop "Event se 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,Force ajeur hindrance as to or delay,as applicable,of those obligations concerning sales tax should be directed to the Callaway Tax Department. affected by the Event es 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 shipping 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 the 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 lite 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 LIA13LITY 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.callawavgolfcorn 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. Callaway'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 25) This Sales Policy applies to all of Callaway's products,and Callaway reserves the right to for,defects in workmanship caused by third parties. 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 Golfs Sales Policy can also be found on www.callawayconnect.com. VOUCHER NO. WARRANT NO. ALLOWED 20 CALLAWAY GOLF COMPANY PO BOX 9002 IN SUM OF$ CARLSBAD, CA 92018-9002 $3,851.50 ON ACCOUNT OF APPROPRIATION FOR Brookshire Golf Course PO#/Dept. INVOICE NO. ACCT#/Fund AMOUNT Board Members 926633559 43-560.07 $2,576.90 1 hereby certify that the attached invoice(s), or 1207 101 926633487 43-560.07 $140.60 bill(s) is(are) true and correct and that the 1207 101 I 926633483 I 43-560.07 I $1,134.00 materials or services itemized thereon for 1207 101 which charge is made were ordered and received except Friday, March 04, 2016 Cost distribution ledger classification if claim paid motor vehicle highway fund Tescribed by State Board of Accounts City Form No.201(Rev.1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL m invoice or bill to be properly itemized must show: kind of service,where performed,dates service rendered, by Thom, rates per day, number of hours, rate per hour, number of units,price per unit,etc. Payee Purchase Order No. Terms Date Due nvoice Date Invoice# Description Amount Dept. Fund# (or note attached invoice(s)or bill(s)) 02/29/16 926633559 Golf Hard Goods $2,576.90 1207 101 02/29/16 926633487 Golf Hard Goods $140.60 1207 101 02/29/16 I 926633483 I Golf Hard Goods I $1,134.00 1207 101 1 hereby certify that the attached invoice(s), or bill(s), is(are)true and correct and I have audited same in accordance with IC 5-11-10-1.6 120 Clerk-Treasurer ACCOUNT NUMBER INVOICE INVOICE DATE' PO TERMS - -- - -15546"- `926633559 `---` 02/29/18 _- --Spring 16 - - -Net-Due 120-days- REP ORDER DATE ORDER# CONTACT NAME SHIPMA REFERENCE NET DUE DATE 914 11/18/15 37140918 Brian UPS GRD/STD 06/28/16 ITEM STOCK NUMBER DESCRIPTION ORDER SHIPB.O. LIST PRICE DISCOUNT NET PRICE "EXTENSION DELIVERY NO 820805201 10 73064552535 PT RH OD WORKS MARXMAN FANG VS 1 1 165.00 0.10 148.50 148.50 20 73061752535 PT RH ODYSSEY WORKS 90 7H VS 3 1 1 150.00 0.10 135.00 135.00 30 73061952535 PT RH ODYSSEY WORKS 90 SASERTO 1 1 165.00 0.10 148.50 148.50 40 73062352538 PT RH ODYSSEY WORKS CRUISER 7 1 1 208.00 0.10 187.20 187.20 50 43671513A137 WD RH XR 16 DR 10.5 GR LGT 1 1 287.50 0.10 258.75 258.75 60 43671513A237 WD RH XR 16 DR 10.5 GR REG 2 2 287.50 0.10 258.75 517.50 70 43679013A337 WD RH XR 16 DR 9.0 GR STF 2 2 287.50 0.10 258.75 517.50 80 43671513A337 WD RH XR 16 DR 10.5 GR STF 1 1 287.50 0.10 258.75 258.75 90 408390336237 WD RH XR 9.0 GR REG 1 1 213.50 0.10 192.15 192.15 100 408315336337 WD RH XR 10.5 GR STF 1 1 213.50 0.10 192.15 192.15', TRACKING NO 1ZW9412EO333854172 r Callaway Golfs preferred payment method is ACH or check. SUBTOTAL 2,556.00 Make your payment online-CallawayConnect.com Track your shipment-UPS.com FRT CHARGE 20.90 BILL TO: CITY OF CARMEL BROOKted� P.O.BOX 9002 12120 B OOKHIRE GOLF CLUB a W CARLSBAD,CA 92018-9002 CAR LIN 46033-3 PKWY dWTELEPHONE(760)931-1771 CARMEL IN 46033-3314 TOTAL DUE 2,576.90 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 LIN 46 33-3 PKWY CARMEL IN 46033-3314 Page 1 of 1 0003:0003 upon muse rrgn[s. k.auaway cnuuses nut w uu ousmcss wIw muse wuusc salts piaunccs Vlui 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 Callaway'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. By accepting delivery of product,Customer understands that instrumentality thereof, or of a public international organization (such.as the World Bank, 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 party products 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 t 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 shipping 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 the 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 (iv) the 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 of 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.callawavaolfcom 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. Callaway'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 25) This Sales Policy applies to all of Callaway's products,and Callaway reserves the right to for,defects in workmanship caused by third parties. 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-s-ubmitted prior to production. Customer order cancellation fees-and change fees may apply toorders 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. ACCOUNT NUMBER INVOICE INVOICE DATE PO TERMS _____.__6M633487 ____.- - • - — 15546 926633487 _ 02729/16 Spring 16- '- REP ORDER DATE ORDER'#. CONTACT NAME SHIP VIA REFERENCE '. NET DUE DATE 914 11/18/15 37140918 Brian UPS GRD/STD 06/28/16 ITEM STOCK NUMBER DESCRIPTION . -ORDER SHIP B.O. LIST PRICE- DISCOUNT NET PRICE `EXTENSION DELIVERY NO 820804779 10 5116458 BG CG CRT CHEV ORG BLK/RED/WHT 1 1 144.00 0.10 129.60 129.60 TRACKING NO 1ZW9412EO333855939 Callaway Golfs preferred payment method is ACH or check. ✓' SUBTOTAL 129.60 Make your payment online—CallawayConnect.com Track your shipment—UPS.com FRT CHARGE 11.00 BILL TO: CITY OF CARMEL P.O.BOX 9002 BROOKSHIRE GOLF CLUB a►tjd>jj/i� CARLSBAD,CA 92018-9002 CAR LIN 46033-3 PKWY TELEPHONE(760)931-1771 CARMEL IN 46033-3314 TOTAL DUE 140.60 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. CARMEL IN�46033-3 PKWY ''' CAR3-3314 _ Page 1 of 1 0002:0003 upwi uwsc nFLus. —uuway-­ b,..,..0.,V.,—.."'I,,.. "..,,,,...., 1­ F..,........,...,....,, 20) All specifications,samples,price lists,payment terms ana Omer mrormarion rurusnea Dy 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 Callaway'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. By accepting delivery of product,Customer understands that instrumentality thereof, or of a public international organization (such as the World Bank, 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 transportation,restraints affecting the delivery of material or credit,any-acts by a third party, 11) Customer purchasing product free from sales tax and making a taxable use of product(i.e.any any third party products or any other cause beyond the reasonable control of Callaway, purpose other than retention,demonstration,or display while holding for sale in the regular 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 be excused for such non-performance, shipped to a consumer in the state of California is considered taxable. Any questions erformance,hindrance or delay,as applicable,of[hose 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 shipping 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 the 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 (iv) the 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 of 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.callawaygolfcom 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. Callaway'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 Terns 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 25) This Sales Policy applies to all of Callaway's products,and Callaway reserves the right to for,defects in workmanship caused by third parties. 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 wivw.callawayconnect.com. ACCOUNTNUMBER e ;"-_ INVOICE' INVOICE DATE PO 7�, _ TERMS+ - - _ 15546 926633483 02/29/16 SpnhdA6� --- Net_Due 120--day`s- REP, 'ORDER DATE `r�` ORDER#' CONTACT NAME SHIP VIA v REFERENCE NE7 DUE DATE 914 11/18/15 37140918 Brian UPS GRD/STD 06/28/16 ITEM STOCK NUMBER DESCRIPTION ;.ORDER SHIP B.O., N.,:_LIST PRICE p DISCOUNT NET PRICE EXTENSION DELIVERY NO 820804462 10 642125312 BL CG CHROME SOFT 16 12B PK 12 12 34.75 0.10 31.28 375.36 20 641945212 BL CG SUPERSOFT YLW 1512B PK 6 6 19.25 0.10 1.7.33 103.98 30 641935212 BL CG SUPERSOFT 15 12B PK 24 24 19.25 0.10 17.33 415.92 40 642145212 BL CG WARBIRD 15 12B PK 12 12 15.85 0.10 14.27 171.24 TRACKING NO 1ZW9412EO333816178 1ZW9412EO333820841 1ZW9412EO333825604 1ZW9412EO333826194 1ZW9412EO333827406 Callaway Golfs preferred payment method is ACH or check. 10 �c SUBTOTAL 1,066.50 Make your payment online—CallawayConnect.com Track your shipment—UPS.com FRT CHARGE. , 67.50 BILL TO: CITY OF CARMEL BROOKSHIRE GOLF CLUB (�.j `,�d P.O.BOX 9002 12120 BROOKSHIRE PKWY `w[� CARLSBAD,CA 92018-9002 CARMEL IN 46033-3314 TELEPHONE(760)931-1771 TOTAL DUE 1,134.00 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. 12120 BROOKSHIRE PKWY, CARMEL IN 46033-3314 Page 1 of 1 0001:0003 upuu Ui nguu. —uaway c.- .,.,...,UU.,—.—bb WILIL...—W-1 "F..........,,."... 20) All specifications,samples,price lists,payment terms and other information rumrshed 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 Callaway'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 wan-ants 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. By accepting delivery of product,Customer understands that instrumentality thereof,.or of a public international organization (such as the World Bank, 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 o 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 party products 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, ail 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 t 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 shipping 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 the 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 (iv) the 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 of 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.callawaveolf.com 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. Callaway'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 25) This Sales Policy applies to all of Callaway's products,and Callaway reserves the right to for,defects in workmanship caused by third parties. 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 Golfs Sales Policy can also be found on www.callawayconnect.com. VOUCHER NO. WARRANT NO. ALLOWED 20 CALLAWAY GOLF COMPANY PO BOX 9002 IN SUM OF$ CARLSBAD, CA 92018-9002 $195.18 ON ACCOUNT OF APPROPRIATION FOR Brookshire Golf Course PO#/Dept. INVOICE NO. I ACCT#/Fund AMOUNT Board Members 926648260 I 43-560.07 I $195.18 1 hereby certify that the attached invoice(s), or 1207 101 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 Monday, March 14, 2016 Cost distribution ledger classification if claim paid motor vehicle highway fund 'escribed by State Board of Accounts City Form No.201 (Rev.1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL n invoice or bill to be properly itemized must show: kind of service,where performed,dates service rendered, by ,hom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due ,voice Date Invoice# Description Amount Dept. Fund# (or note attached invoice(s)or bill(s)) 03/04/16 I 926648260 I Golf Hard Goods I $195.18 1207 101 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 ACCOUNT NUMBER 'INVOICE INVOICE DATE `PO ��"— _ TERMS 15546 926648260 03/04/16 Spring 16 Net Due 120 days REP ORDER DATE ORDER# CONTACT NAME SHIP VIA REFERENCE NET DUE DATE 914 11/18/15 37140918 Brian UPS GRD/STD 07/02/16 ITEM STOCK NUMBER DESCRIPTION' -ORDER SHIPB.O. LISTPRICE' :DISCOUNT NET PRICE. EXTENSION DELIVERY NO 820818976 10 64212531220 BL CG CHROME SOFT 16 TRUVIS RE 6 6 34.75 0.10 31.28 187.68 TRACKING NO 1ZW9412EO333946493 Callaway Golfs preferred payment method is ACH or check. SUBTOTAL., 187.68 Make your payment online–CallawayConnect.com Track your shipment–UPS.com FRT CHARGE 7.50 woa�aauuoa Cen�epea mnu�uo puno3 aq osle uea,Callod sales sJIo9,feAtelle3 ut sionpoid o8ol woisno oonpoad Cew XuMullutopnpold 3o asinoo Iecwou aw ur ss„nId Ilnn�nnnll{n•••....9.... ____ _ _ 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 de 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 Callaway'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. By accepting delivery of product,Customer understands that instrumentality thereof, or of a public international organization.(such as the World Bank, 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 affddting 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 party products 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 informCallaway of the desire for added tax conditioning,computer hardware and/or software or telecommunications equipment(each,an billing. For example,product purchased for persona]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 a 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 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 shipping 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 the 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_retums 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.callawayaolf.com 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. Callaway'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 25) This Sales Policy applies to all of Callaway's products,and Callaway reserves the right to for,defects in workmanship caused by third parties. change or discontinue this Sales Policy at any time,with or without reason or cause. VOUCHER NO. WARRANT NO. ALLOWED 20 CALLAWAY GOLF COMPANY PO BOX 9002 IN SUM OF$ CARLSBAD, CA 92018-9002 $1,024.28 ON ACCOUNT OF APPROPRIATION FOR Brookshire Golf Course PO#/Dept. INVOICE NO. ACCT#/Fund AMOUNT Board Members 926643423 43-560.06 $25.28 1 hereby certify that the attached invoice(s), or 1207 101 926643343 43-560.06 $999.00 bill(s) is(are)true and correct and that the 1207 101 materials or services itemized thereon for which charge is made were ordered and received except Monday, March 07, 2016 Cost distribution ledger classification if claim paid motor vehicle highway fund rescribed by State Board of Accounts City Form No.201(Rev.1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL m 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 nvoice Date Invoice# Description Amount Dept. Fund# (or note attached invoice(s)or bill(s)) 03/03/16 926643423 Golf Soft Goods $25.28 1207 101 03/03/16 926643343 Golf Soft Goods $999.00 1207 101 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 --,—ACCOUNT—NUMBER . _,., .r INVOICE _ _..._ — INVID DAzE.-.-. .._ r-. •, PO_ _ Ii RN1S 15546 926643423 03/03/16 Spring 16 Net Due 120 days REP ORDER DATE ORDER#, CONTACT NAME SHIP VIA REFERENCE NET DUE DATE 914 11/18/15 37140918 Brian UPS GRD/STD 07/01/16 ITEM STOCK NUMBER DESCRIPTION ORDER SHIP B.O. .>.LIST.PRICE DISCOUNT NET,PRICE EXTENSION DELIVERY NO 820804625 190 5314142 GL CG XTREME 365 MLH REG M/L W 6 6 7.00 1.00 0.00 0.00 200 5314143 GL CG XTREME 365 MLH REG L WHT 2 2 7.00 1.00 0.00 0.00 210 5216207 HW CG TA MESH FITTED UXL WHT 2 2 18.00 1.00 0.00 0.00 TRACKING NO 1ZW9412EO333911805 1ZW9412E0333915212 Callaway Golfs preferred payment method is ACH or check. -%' SUBTOTAL 0.00 Make your payment online—CallawayConnect.com Track your shipment—UPS.com FRT CHARGE 25.28 BILL TO: CITY OF CARMEL BROOKSHIRE GOLF CLUB a P.O.BOX 9002 12120 BROOKSHIRE PKWY TECARL PHONE(60)93LSBAD,CA 1 1771-9002 CARMEL IN 46033-3314 TOTAL DUE 25.28 vTOLL 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 BROOKSHIRE 4603 -3 PKWY CARMEL IN 46033-3314 Page 1 of' 0002:0002 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 Callaway'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. By accepting delivery of product,Customer understands that instrumentality thereof, or of a public international organization (such as the World Bank, 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 I I) Customer purchasing product free from sales tax and making a taxable use of product(i.e.any transportation,restraints affecting the—&livery 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 party products 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 "Event f conditioning,computer hardware and/or software or telecommunications equipment(each,ll billing. For example,product purchased for personal use,for use as rental club stock or drop " vent se 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 a 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 es 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 shipping 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 the Customer upon delivery by Callaway of the purchased causes a delay of 120 consecutive days or more from the original date ofperformance,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 (iv) the 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 of 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.callawayeolf.cont 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. Callaway'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 25) This Sales Policy applies to all of Callaway's products,and Callaway reserves the right to for,defects in workmanship caused by third parties. 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. �S_QUNT,-NUMBER- ..,;mow� -1NVOI6E`._ _ , ' . !NVQK,E:DA 1E 15546 926643343 03/03/16 Spring 16 Net Due 120 days REP' x, ORDER DATE ORDER#`, ":..0 t� _, CONTACT NAME':, ` "` ;a"§HIP VIA;- a _,REFERENCE ~NET DUE DATE,�. 914 11/18/15 37140918 Brian UPS GRD/STD 07/01/16 ITEM' STOCK"NUMBER .p,, DESCRIPTION'- - ORDER SHIPS` B O LIST PRICE'::,,: DISCOUNT NET PRICE EXTENSION DELIVERY NO 820804625 10 5314140 GL CG XTREME 365 MLH REG S WHT 6 6 7.00 0.10 6.30 37.80 20 5314141 GL CG XTREME 365 MLH REG M WHT 18 18 7.00 0.10 6.30 113.40 30 5314142 GL CG XTREME 365 MLH REG M/L W 24 24 7.00 0.10 6.30 151.20 40 5314143 GL CG XTREME 365 MLH REG L WHT 24 24 7.00 0.10 6.30 151.20, 50 5314144 GL CG XTREME 365 MLH REG XL WH 12 12 7.00 0.10 6.30 75.60 60 5314145 GL CG XTREME 365 MRH REG M WHT 6 6 7.00 0.10 6.30 37.80 70 5314146 GL CG XTREME 365 MRH REG M/L W 6 6 7.00 0.10 6.30 37.80 80 5314147 GL CG XTREME 365 MRH REG L WHT .6 6 7.00 0.10 6.30 37.80 90 5216204 HW CG TA MESH FITTED S/M BLK 1 1 1 18.00 0.10 16.20 16.20 100 5216205 HW CG TA.MESH FITTED L/XL BILK 2 2 18.00 0.10 16.20 32.40 110 5216210 HW CG TA MESH FITTED S/M SLV/S 1 1 18.00 0.10 16.20 16.20 120 5216212 HW CG TA MESH FITTED S/M NVY/W 1 1 18.00 0.10 16.20 16.20 130 5216213 HW CG TA MESH FITTED L/XL NVY/ 2 2 18.00 0.10 16.20 32.40 140 5216214 HW CG TA MESH FITTED S/M RYUC 1 1 18.00 0.10 16.20 16.20 150 5216215 HW CG TA MESH FITTED UXL RYU 2 2 18.00 0.10 16.20 32.40 160- 5216414 HW'CG XR"ADJ BLK 16 4 4 18.00- 0.10 -16.20 64.80 170 5216415 HW CG XR ADJ WHT 16 4 4 18.00 0.10 16.20 64.80 180 5216416 HW CG XR ADJ CHAR 16 4 4 18.00 0.10 16.20 64.80 TRACKING-N0_1ZW9412E0333911805__ 1ZW9412E0333915212 Callaway Golfs preferred payment method is ACH or check. ' SUBTOTAL 999.00 Make your payment online-CallawayConnect.com Track your shipment-UPS.com BILL TO: CITY OF CARMEL BROOKr►(d' P.O.BOX 9002 12120 B OOKHIRE GOLF CLUB la W 12120 BROOKSHIRE PKWY a (� CARLSBAD,CA 92018-9002 CARMEL IN 46033-3314 TOTAL DUE 999.00 TELEPHONE(760)931-1771 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 LIN 46 33-3 PKWY CARMEL IN 46033-3314 Page 1 of 1 0001:0002 upon inose rigms. i,auaway c❑uuses„uL w ao oo 11—W-1",VDI..11—"1"Y. 20) All specifications,samples,price lists,payment terns ana outer mrormauon rumrsneu uy 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 Callaway'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 Galloway'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. By accepting delivery of product,Customer understands that instrumentality thereof, or of a public international organization (such as the World Bank, 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 transportatioh,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 party products 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 conditioning,computer hardware and/or software or telecommunications equipment(each,an taxing authority when state law so provides or may inform Callaway of the desire for added tax "Event of Force Majeure").Upon the occurrence of an Event of Force Majeure,Callaway shall billing. For example,product purchased for personal use,for use as rental"club stock or drop shipped to a consumer in the state of California considered taxable. Any questions be excused for such non-perfonnance,hindrance or delay,as applicable,of those obligations concerning sales tax should b t 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 shipping 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 the 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 Customers accounts AND/OR SPECIAL DAMAGES,WHETHER OR NOT COMPANY WAS ADVISED OF OR receivable account and (iv) the 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 of 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.callaway olg fcom 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. Callaway'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 25) This Sales Policy applies to all of Callaway's products,and Callaway reserves the right to for,defects in workmanship caused by third parties. 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.