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184541 04/14/2010 CITY OF CARMEL, INDIANA VENDOR: 359355 Page 1 of 1 ONE CIVIC SQUARE WITTEK 0 CHECK AMOUNT: $65.24 CARMEL, INDIANA 46032 3865 COMMERCIAL AVE NORTHBROOK IL 60062 CHECK NUMBER: 184541 CHECK DATE: 4/14/2010 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1207 4238000 236778 65.24 SMALL TOOLS MINOR E INVOICE NUMBER 236778 WN DATE 03 -31 -10 Committed To Serving The Game. PAGE NO 1 3865 COMMERCIAL AVENUE NORTHBROOK, IL 60062 PHONE: 847. 943-2399 0 1- 800- 869 -1800 SO NBR R 1 1 2 1 6 FAX: 847- 412 -9591 WEBSITE: wittekgolf.com I CUSTOMER NO. 527228 SOLD C I TY OF CARMEL SHIP CITY OF CARMEL TO DBA BROOKSHIRE GOLF COURSE TO DBA BROOKSHIRE GOLF COURSE 12120 BROOKSHIRE PKWY 12120 BROOKSHIRE PKWY CARMEL, IN 46033 CARMEL, IN 46033 CUSTOMER ORDER NO SALESMAN OFFICE CODE DATE SHIPPED VIA PCs. TERMS 1 BRIAN ANTHONY OPP 01 -70 03 -31 -10 UPS 2% 10 N 30 JflTY. ORDERED OTY. SHIPPED w` BIO PRODUCT d"" DESCRIPTIONS PRICE A MOUNT 4 k a 100 EA 100 74257 SLOTTED TOKEN `B" 0.550 55.00 THANK YOU *WE APPRECIATE YOUR BUSINESS* I i Our list of reterartces ,Marts Caere' I ittek is the exclusive 0angu Egvilimont Supplier to... Y f LCAR"„ 3N G N7LP SUBTOTAL DISCOUNT TAX SHIPPING ',TOTAL PAYMENTREC'D. AMOUNT 55.00 0.0a 0.q/ 0.0c 10.24 65.24 65.24 A SERVICE CHARGE OF 1.5% PER MONTH (ANNUAL RATE SEE TERMS &CONDITIONS r!" I 18 WILL BE ADDED TO INVOICES UNPAID AFTER 30 DAYS ON REVERSE SIDE, DAMAGE AND SHORTAGE CLAIMS SHOULD BE MADE TO TRANSPORTATION COMPANY. NO MERCHANDISE ON THIS INVOICE IS RETURNABLE UNLESS E CLAIM IS MADE WITHIN 30 DAYS AND ONLY THEN WITH OUR WRITTEN CONSENT. NO PRIVATE BRANDED GOODS MAY BE RETURNED AT ANY TIME. GENERAL TERMS AND CONDITIONS OF SALE 1 The prices are those in on the date of shipment. Stenographic and clerical errors are subject to correction. PAYMENT. n f Goods are'soid on a nelbasis. In the event that payment is not made as provided on the face hereof, Buyer agrees to pay a late fee computed at the rate of 18 °ik annum, or 1 -1/2% per month on any amounts not paid when due. Notwithstanding such terms of payment, if at any time Seller in good faith deems itself insecure for any reason whatsoever it may be charged to the Buyer's account The status of all Selfei s accounts receivable are reported to collection bureaus. 3. TAXES. C In addition to the price provided herein, Buyer shall pay Seller the amount of any sales, use or other taxes now or hereafter imposed by any federal, state or local taxing authority upon or with respect to the sale, purchase or delivery of the goods, If state fax audits require us to pay sales or use tax In connection with the transaction, the Buyer will be required to reimburse us the full amount of such taxes paid plus any interest amouni. t" f I i? f'',1 t �c•,t t I, .Il i%, .J .:c} �'j i t),�' of f 4q A. SfiIPN1ENT: Buyer is responsible�for ail IreighcL m`ris.ilhle'ss o0ter>t "liecibieb. Seller reserves the right to designate the routing on all shipitierits. 3a11er,iviff atteCnp3.t florror- -hut wtl(jiot guarsnlee requested shipping or deGvery,dates t All shipmeNs will be F.Q iSHEP )NG,POINT unless otherwise designated. 5, RISK OF LOSS. Risk of loss for the goods shall pass to Buyer upon delivery by Saller to a common or private Carrier for shipment to Buyer. 6, LIMITED WARRANTY TO BUYER. Seller warrants that at the lime of shipment and for warranty period set forth by Seller, the goods will be free of defects in material and workmanship. This warranty does net apply to any goods which have been neglected, altered, abused, used for a purpose other than the one for whicKthey were manufactured repaired by Buyer or any other person without Seller's written authorization, or used in any nienrer inconsistent with Sellers oral or written Instructions.I9uyer assdmes liabillty for patent arid! dopyr9gfiff Infringement, vrHBNgodds are,fiadb loiBbyer's specifications. This warranty does not cover any components of the goods not manufactured by Seiler. but Seller hereby assigns to Buyer any manufacturer's warranties applicable thereto. Sellers warranties shall not be enlarged, or in any other way affected by, and no obligation or liability shat; arse or grow out of, Sellers rendering of technical advice or service in connection with Buyer's order of goods. No representative of Seller or other person handling the goods is authorized to modify this Section or to use any warranty regarding the goods. 7. EXCLU91VE REMEDY FOR BREACH OF WARRANTY. I 1 7 j s C' v v SELLER'S ENTIRE OBLIGATION UNDER THIS WARRANTY SHALL BE LIMITED (AT SELLER'S OPTION) TO REPAIR OR REPLACEMENT OF ANY GOODS WHICH PROVE TO BE DEFECTIVE WITHIN THE WARRANTY PERIOD, OR; AT SELLER'S OP, FIQN. ISSUQ IE OF A CREDIT OR:REFUND OF THE PURCHASE PRICE WITH RESPECT THERETO. BUYER SHALL BE ENTITLED TO A REMEDY HEREUNDER ONLY IF, IT NOTIFIES SEt'.L' l WR(7EN NF THE ALLEGED BREACH OF WARRANTY BEFORE THE EXPIRATION OF THE WARRANTY AND WITHIN HE TEN DAYS ArTER THE EARLIER OF T DAT�'OF 019W�ERYbOOULT] Hk1 BEEN MAD!' IN 4'�tjEXERGISE OF REASONABLE DILIGENCE. 6. DISCLAIMER: LIMITATION OF REMEDY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SELLER MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS SOLD HEREUNDER, WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER. SELLER SHALL HAVE NO LIABILITY TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY DESCRIPTION, WHETHER ARISING OUT OF WARRANTY OR OTHER CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE. THE PARTIES EXPRESSLY AGREE THAT THE LIMITATIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SHALL SURVIVE THE DETERMINATION OF ANY COURT OF COMPETENT JURISDICTION THAT ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. 9. AGENT'S AUTHORITY, Buyer understands and agrees that no agent, employee or representative of Seller has authority to bind Seller to any affirmation, representation or warranty concerning the goods which is not set forth herein, and Buyer further understands and agrees that any such affirmation of fact, promise or representation made by any agent, employee or representative of which is not set forth herein shall not constitute a warranty. 10. FORCE MAJEURE: ALLOCATION. Failure of Seller to make ail or any part of any shipment hereunder. if such failure is due to acts of God, war labor difficulties, breakdown or damage to the plant facilities of Seller or dryer's receiving facilities, embargoes, shortages of any raw materials or energy at reasonable prices or from regular sources or on account of shortages thereof, delays or failure of arty supplier to deliver, shortages of transportation equipment. compliance with any law or regulation or order of any public authority and any other cause either similar or dissimilar beyond the control of the Seller, shall not subject Seller to any liability to the Buyer, and in such event, at the request of Seiler, the total quantity of goods to be shipped will not be reduced by the quantity not shipped due to such causes. Should Seller at any time be unable, due to any of the aforesaid causes, to supply its own and all of its customers' requirements (including customers not under supply contract) of any goods sold hereunder, Seller ;-All allocate its avadable supply of-such goods-to its customers on such tefms-as ifmay deem advisable-and-in-such event Seller shall not be liable to Buyer for failure to ship Buyer the full quantity of the goods contracted for and the balance of any such order will be cancelled. 11. TITLE RETENTION. Seller retains title on all merchandise until paid in frill. 12. CLAIMS. All orders are carefully packaged for safe shipment. If you receive a broken or damaged package, contact the carrier immediately to file a claim. Notify Seller within five days of receipt of goods it there is a discrepancy with your order. 13. RETURNS. buyer may only retum merchandise with Seller's written authorization. Upon consent, merchandise must be returned within 30 days of receipt, freight prepaid. All return items are subject to inspection before credit is authorized. There is a 15% restocking fee for all returned merchandise. Credits wilt be applied to Buyer's account, only. Personalized and custom -made items may not be returned, 14. CHANGES AND CANCELLATION. Orders accepted by the;Seller are not subject to change, except with the Sellers consent. 15. ENTIRE CONTRACT. These terms and conditions constitute the entire Contract between Buyer and Seiler, transcending any oral arrangements or representations which may be inconsistent therewith- 16. NON WAIVER. Waiver by either Seller or Buyer of a breach or provision hereof shall not be deemed a waiver of future compliance therewith and such provision shall remain in full force and effect. 17. APPLICABLE LAW. This agroement shall be construed and the rights and obligations of the parties hereto shall be governed by the laws of the State of Illinois. 18. EQUAL EMPLOYMENT OPPORTUNITY POLICY. The Seller affirms its policy of providing Epual'Opportuhity to all employees and applicants for employe enl`iri accordancdw'ith NI ap,lic'able Equal Employment OpportunitylAffirmative Action Laws, dlreulives and regulations of Federal, Slate and Local governing bodies or agencies thereof. VOUCHER NO. WARRANT NO. ALLOWED 20 W ittek IN SUM OF 3865 Commercial Avenue Northbrook, IL 60062 $65.24 ON ACCOUNT OF APPROPRIATION FOR Brookshire Golf Club PO# 1 Dept. INVOICE NO. ACCT /TITLE AMOUNT Board Members 1207 236778 42- 380.00 $65.24 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 Monday, April 05, 2010 Director, Brookshi 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)) 03/31/10 236778 Tokens $65.2 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