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Home My WebLink About183887 03/29/2010 CITY OF CARMEL, INDIANA VENDOR: 361198 Page 1 of 1 ONE CIVIC SQUARE NIKE USA INC CARMEL, INDIANA 46032 PO BOX 847648 CHECK AMOUNT: $442.20 DALLAS TX 75284 -7548 CHECK NUMBER: 183887 CHECK DATE: 3129/2010 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1207 4356007 9258222292 442.20 GOLF HARDGOODS .w N I KE G O LF L/ Customer Number: 272920 Invoice Number: 925822292 Nike Order Number: 831886230 Invoice Date: 03/19/2010 INVO Nike Delivery Number: 442346795 Terms: Net 120 Customer PO No: BAQLL I Terms begin as of: 03/19/2010 Ordered by: Scott Lentz Due Date: 07/17/2010 DUNS 05- 095 -7364 Ordered on: 10/12/2009 Currency: USD FEDERAL TAX ID 93- 124 -3023 Original Invoice Number: MAIL TO DELIVER GOODS TO 1056 01 MB 0.382 CITY OF CARMEL III►, II III IIlnII IIII, Illr„ llr III Ir,JIII III IIItlllt III I1111 12120 BROOKSHIRE PKWY CITY OF CARMEL 272920 BROOKSHIRE GOLF CLUB BROOKSHIRE GOLF CLUB 12120 BROOKSHIRE PKWY CARMEL IN 46033 -3314 CARMEL IN 46033 -3314 Material Customer Product Description Size UOM Quantity Quantity Wholesale Net Unit Total Product Code O r d ered Shi U nit Price Price GLO418 -101 CRUSH 10 MISC EA 6 6 16.50 16.50 99.00 *'Subtotals 6 6 99.00 99.00 99.00 GL0423 -101 KARMA 10 MISC EA 6 6 15.00 15.00 90.00 "Subtotals 6 6 90.00 90.00 90.00 GL0346 -101 ONE TOUR MISC EA 6 6 33.50 20.10 120.60 "Subtotals 6 6 201.00 120.60 120.60 GL0347 -101 ONE TOUR D MISC EA 6 6 33.50 20.10 120.60 "Subtotals 6 6 201.00 120.60 120.60 Shipped From: Nike Golf: Memphis Date Shipped: 03/19/2010 Order Type: Futures Order Direct Ship Factory PO Carrier: Federal Express Mode of Transport: Standard Incoterms: Free carrier Weight: 17.330; 17.500; Bill of Lading Number: Pro number: Tracking Number: 217508271582136;217508271582037; Packing list Number: Number of Cartons: 2 Special Label Instructions: Wholesale Amount Sales Net of Discount Freight Total 591.00 430.20 12.00 442.20 All Nike USA. Inc. products are sold FCA (Free Carrier Shipping Point) and payment terms are calculated from invoice date unless specifically noted otherwise by Nike. A service charge of 1 Y2% p er month will be charge& on all past due invoices. Anticipation discounts are not allowed. No returns without prior authorization from Nike. Shortage claims must be made wi&n 30 days of receipt. All collection fees and costs must be paid by purchaser. Detailed terms and conditions on reverse side of page L Please remit to: NIKE USA, Inc. PO Box 847648 Dallas 75284 -7648 US Page 1 of 2 V TERMS AND CONDITIONS All sales are subject to the terms and conditions printed on NIKE's invoices. The terms and conditions on NIKE's current invoice are as follows' ORDERS: All orders are subject to acceptance by NIKE, USA (referred to as 'NIKE') and such acceptance is conditional upon Customer's acceptance of the terms and conditions in the invoice. PRICES: Orders will be invoiced at the prices prevailing at the time of order entry. The amount reflected in any NIKE invoice will be deemed accepted and conclusively binding upon Customer as an account statelunless Customer notifies NIKE in writing within thirty (30) days after the date such invoice is due. TERMS OF SALE: Unless otherwise agreed. All NIKE goods be sold FCA (Free Carrier- Shipping Point). Payment for all NIKE goods sold on open account will be due and payable pursuant to the terms and conditions stated on NIKE'S invoice. The terms and conditions contained in any NIKE invoice, in Customer's account application, in any NIKE sales order, in any NIKE order confirmation and in any NIKE discrepancy letter lake precedence over anv terms and conditions s lei ms forth in Customer's purchase order or other similar document and to the extent the ters in any NIKE invoice conflict with the terms of any other NIKE document, NIKE's invoice terms will control. Any sums not paid within net terms are subject to a service charge of ONE AND ONE -HALF PERCENT (1.5 PER MONTH or the maximum rate permitted by faw, whichever is lower. No discount will be allowed to any customer having an overdue balance. Customer will pay such costs, collection agency commissions, expens and reasonable attorney fees (including, without ]initiation at trial and on appeal) as NIKE, may incur in any manner of collection of any sums past due. Oregon se law (without resort to its choice of law provisions) and the law of the Ninth Circuit will govern. Customer consents to the non exclusive jurisdiction of mry venue in any state or federal located in the stale of Oregon. This means that NIKE can file suit against Customer in any court located within the state of Oregon. Any action for breach of contract must be commenced within one year from the date of delivery of the goods. BACK ORDERS: Unless otherwise agreed, all back orders will be shipped FCA (Free Carrier Shipping Point). No deductions are allowed for freight, parcel post, or UPS charges. Back orders will he created for all unshipped orders and will stay on (he system until shipped or the customer's cancellation date is reached. CLAIMS: Claims deduction must be taken at time of payment and requires submission of appropriate supporting documentation and claim reason, except Cancellation. Return to Stock, and Defectives which require NIKE authorization prior to deduction. Deduction for return can only be taken once authorized return product is physically returned. ORDER. PROCESSING: Store breakdown draw orders must be received by NIKE forty -five days before the Customer Requested Date Purchase Order numbers or hard copies must be received by NIKE, for those customers who have Purchase Order requirements, no later than 30 days after the order deadline date. CANCI,LLATION-, Any request t'or cancellation of an order for NIKE goods must be made through the Customers NIKE_ Sales Representative. A request to cancel an order which has been entered into NIKE's order system must be made, in writing, at least forty -five (45) days prior to original Customer Requested Date and is subject to NIKE's approval, LOSS OR DAMAGE IN TRANSIT: NIKE will not be responsible for NIKE goods lost or damaged in transit. Customer will be responsible for checking its shipment upon delivery for total carmn count and condition. Any shortage in total carton count or evidence of damage to NIKE °oods must be noted on the carrier' delivery receipt and reported to the carrier's local office. All claims must be filed with the carrier within nine (9) months from the date of loss or damage. SHORTAGES IN UNOPF,NED CARTONS: All shortages must be reported to the NIKE Customer Service Department within thirty (30) days from the payment due date of NIKE's invoice. Customer will be required to furnish NIKE with an invoice or shipping order number and I an itemization of all shortages /overages by product code, size, and quantity. Incomplete claims and claims filed more than thirty (30) days after the NIKE payment due date will not be accepted. Customer will be required to furnish Customer's claim number, if any. when reporting a claim. POLICIES -ALL RETURNS: All returns must be pre- approved by an authorized NIKE Sales or Customer Service Representative. Footwear and Apparel items must be authorized and returned separately. Defective and return to stock items must be authorized and returned separately. Items sold as irregulars, seconds or B grades may not be retui7ted: sales are final. Merchandise found unacceptable for credit will not be returned unless Customer specifies and a trees to pay for its return. ALL RETURN FREIGHT CHARGES MUST BE PAID BY THE CUSTOMER, unless NIKE authorizes the Customer to use RPS Co ect. RETURN TO STOCK POLICIES: NIKE shipping order or invoice number is required for return to stock claims. Return to stock requests for a NIKE shippping error must be received within thirty (30) days of t1he invoice date. Merchandise must be returned in the same salable condition as received. A ten percent (10 °lo) restockin� charge wit] be levied unless the return is due to a NIKE error. If the return is a result of a NIKE error, credit for freight will be issued upon receipt of freight bik unless NIKE authorizes the Customer to use RPS Collect. Credit will be issued at the invoiced price net o]' Customer flumes discounts. Ifni-) invoice is provided, on the day NIKE issued credit. NIKE will use the current product master file. DEFECTIVE RETURN POLICIES: Whether product is defective will be determined in the sole discretion of NIKE. NIKE will not issue credit for product ghat is deemed non defective. Unless NIKE authorizes the Customer to use RPS Collect. freight allowance will be given at fifty cents (S.50) per pair for footwear found defective: freight allowance for apparel found defective wilt be given at NI KE's sole discretion, upon receipt of freight bill_ Credit will be issued at the invoiced price net of Customers discounts. If no invoice is Provided, on the day NIKE issues credit NIKE will use the last documented price for the product within NIKE's product master file less Customers futures order discount. Close -out only customers who do not provide the Invoice will receive the current close -out price. HANDLING CHARGE: NIKE will not pay handling charges. TIME LIMIT FOR AUDIT CLAIMS: NIKE invoices will not be, subject to any audit claims by Customer unless Customer notifies NIKE in writing within thirty (30) days after the date such invoice is due. LIMITATION ON DAMAGES: NIKE WILL NOT BE LIABLE FOR ANY LOSS OF PROFIT. OF BUSINESS OR ANY OTHER SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES SUFFERED OR SUSTAINED BY CUSTOMER. MODIFICATIONS: No supplement, modification, or amendment of these Terms and Conditions will be binding unless executed in writing by NIKE. TERMINATION: NIKE may immediately terminate Customer's ability, if any. to purchase goods on credit or otherwise at anv time in NIKE's. sole discretion_ RESTRWfION ON SALES /PURCHAES: Customer will not (a) sell NIKE goods other than to purchasers physically present at the store location(s) specified in Customers Account Application: (b) sell or otherwise transfer or transship NIKE goods to anotiterretailer, e- tailer, distributor or broker: (c) purchase NIKE products from any source other than NIKE; (d) directly or indirectly sell or offer to sell NIKE products on behall'of, or for the account of' an other party, or (e) solicit or take orders, or otherwise sell or offer to self. N IKE products (I) through the mail, (II) by catalo III) by telephone, or (IV) through any electronic in means, including the World Wide Web, e -mail or other Internet channels. Customer is ermed to advertise NIKE products through electronic media in order to create or enhance consumer awareness of performance features and /or indicate the availability of NIKE products in Customer's authorzcd, physical store location(s), provided Customer complies with NIKE's policies and procedures regarding the use of NIKE logos, trademarks, copyrights, and product and athlete images. FAIR LABOR STANDARDS ACT: NIKE hereby certifies that goods and services covered by any NIKE invoice were produced and furnished in compliance with the requirements of the Fair Labor Standards Act of 1938 as amended, and any regulations and orders issued thereunder. o FORCE MAJEURE: If a delivery date is specified, that date will he extended to the extent that delivery is delayed by reason of fire, flood, war, riot, strike, natural disaster, or any other event heyond NIKE's reasonable control and of pus a result of such a delay, the goods ordered are unavailable. NIKE may substitute comparable goods. Page 2 of 2 VOUCHER NO. WARRANT N 'Nike USA, Inc. ALLOWED 20 IN SUM OF P.O. Box 847648 Dallas, TX 75284 -7648 $442. ON ACCOUNT OF APPROPRIATION FOR Brookshire Golf Club PO# Dept. INVOICE NO. ACCT #!TITLE AMOUNT Board Members 1207 925822292 43- 560.07 $442.20 1 hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except Thursday, March 25, 2030 Director, Brook hire Golf Club Title Cost distribution ledger classification if claim paid motor vehicle highway fund Prescribed by State Board of Accounts City Form No 201 (Rev. 199: ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 03/19/10 925822292 Golf Balls $442.2 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 ,20 Clerk- Treasurer