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185888 05/26/2010 CITY OF CARMEL, INDIANA VENDOR: 361198 Page 1 of 1 is lii ONE CIVIC SQUARE NIKE USA INC CHECK AMOUNT: $349.20 CARMEL, INDIANA 46032 PO BOX 847648 DALLAS TX 75284 -7648 CHECK NUMBER: 185888 CHECK DATE: 5/2612010 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1207 4356007 926777154 349.20 GOLF HARDGOODS WKE GOLF 6/ Customer Number: 272920 invoice Number: 926777154 Nike Order Number: 831886231 Invoice Date: 05/18/2010 INVOICE Nike Delivery Number: 444336413 Terms: Net 120 Customer PO No: BALL 11 Terms begin as of: 05/18/2010 Ordered by: Scott Lentz Due Date: 09/15/2010 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 961 01 MB 0.382 CITY OF CARMEL I,I,,I,Ili,ll „,,,II,,,II,,,llt „Ili „111,1 „I „1,111,1 „1,111 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 Ordered Shipped Unit Price Price GL0418 -101 CRUSH 10 r MISC EA 6 6 16.50 16.50 99.00 *'Subtotals 6 6 99.00 99.00 99.00 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: 05/18/2010 Order Type: Futures Order Direct Ship Factory PO Carrier: Federal Express Mode of Transport: Standard Incoterms: Free carrier Weight: 17.330; 9.350; Bill of Lading Number: Pro number: Tracking Number: 217508272933494,217508272932800; Packing list Number: Number of Cartons: 2 Special Label Instructions: Wholesale Amount Sales Net of Discount Freight Total 501.00 340.20 9.00 349.20 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 1 /z% per month will be charged on all past due invoices. Anticippation discounts are not allowed. No returns without prior authorization from Nike. Shortage claims must be made within 30 days of receipt. All collection fees and costs must be paid by purchaser. Detailed terms and conditions on reverse side of page 1. Please remit to: NIKE USA, Inc. PO Box 847648 Dallas 75284 -7648 US Page 1 of 2 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 l the time of order entry. The amount reflected in any NIKE invoice will be deemed accepted and conclusively binding upon Customer as an account stated unless Customer notifies NIKE in writing within thirty (30) days after the date such invoice is due_ TER -NIS OF SALE: Unless otherwise agreed. All NIKE goods he sold FCA (Free Carrier- Shipping Point). Payment for all NIKE -oods sold on open account will be due and payable pursuant to the terms and conditions stated on NIKE'S invoice. The teens and conditions contained in any NIKl invoice, in Customer's account application, in any NIKE sales order, in any NIKE order confirmation and in any NIKE discrepancy letter take precedence over any terms and conditions set forth in Customer's purchase order or other similar document and to the extent the terms in any NIKE invoice conflict with the terms ofany 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, expenses and reasonable anornev fees (including, without limitation at trial and on appeal) as NIKE may_ incur in any manner of collection of any ruins past due. Oregon law (without resort to its choice of law provisions) and the law of the on Circuit will govern. Customer consents (o the non exclusive jurisdiction of any venue rn any state or federal located in the state of Oregon. This ineans 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 op 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 be created for all unshipped orders and will stay on the 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. CNNCELLATtON: Any request for cancellation of an order for NIKE goods must he matte through the Customer's NIKE Sales Representative. A. request ro 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 carton count and condition. Any shortage in total carton coma or evidence of damage to NIKE goods roust be noted on the earner's delivery receipt and reported to the carrier's local office. All claims must be Filed with the carrier within nine (J) months from the dale of loss or damage. SHORTAGES IN UNOPENED CARTONS: All shortages must be reported to the NIKE Customer Service Department within thirty (30) days front 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 fhiriv (30) days alter the NIKE payment due date will not be accepted. Customer will be required to furnish Customer's clamr number, if any, when reporting a claim. POLICIES•ALI, RETURNS: All returns must be pre approved by an authorized NIKE Sales or Customer Service Representative. Footwear and Apparel items roust be authorized and returned separately. Defective and return to stock items must be authorized and returned separately. Items sold as irregulars, seconds or B -gradcs may not be returned: sales are final. Merchandise found unacceptable for credit will not be returned unless Customer specifies and a frees to pay for its return. ALL RETURN FREIGHT CHARGES MUST BE PAID BY THE CUSTOMER, unless NIKE authorizes the Customer to use RPS Co lect. RETURN TO STOCK POLICIES: NIKE shipping order or invoice number is required for.return to stock claims.. Return.to stock requests for a NIKE shipping error must be received within thirty (30) days of the invoice date. Merchandise must be returned in the same salable condition as received. A ten percent (10 %n) restocking charge will 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 bill, unless NIKE authorizes the Customer to use RPS Collect. Credit will he issued at the invoiced price net of Customer futures discounts. If no 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 that is deemed non defective. Unless NIKE authorizes the Customer to use RPS Collect, freight allowance will be given at fifty cents ($.50) per pair for footwear found defective: freight allowance for apparel found defective will be given at NI KF.'s sole discretion, upon receipt or a 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 Customer's futures order discount. Close -out only customers who do not provide the Invoice will receive the current close -out price. HANDI:ING 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 he 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 any time in NIKE's sole discretion. RESTRICTION ON SALESIPURCHAES: Custorer 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 another retailer, e- tailor. 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 behalf of, or for the account of', any other parry, or (c) solicit or take orders, or otherwise sell or offer to sell, NIKE products: (I) through the nail, (I1) by catalog, (111) by telephone, or (I V) through any e ec7onrc means. including the World Wide Web, e -mail or other Internet channels. Customer is permitted to advertise NIKE products through electronic media m order to create or enhance continuer awareness of performance features and /or indicate the availability of NIKE products in Customers authorized, 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. FORCE MAJEURE: If a delivery date is specified, that date will be extended to the extent that delivery is delayed by reason of fire. Flood, war, riot, strike. natural disaster, or any other event beyond NIKE's reasonable control and if as a result of such a delay, the goods ordered are unavailable. NIKE may substitute comparable goods. Page 2 of 2 .VOUCHER NO. WARRANT NO. Mike USA, Inc. ALLOWED 20 IN SUM OF P.O. Box 847648 Dallas, TX 75284 -7648 $349.20 ON ACCOUNT OF APPROPRIATION FOR Brookshire Golf Club PO# Dept. INVOICE NO. ACCT #!TITLE AMOUNT Board Members 1207 926777154 43- 560.07 $349.20 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 Monday, May 24, 2010 1 Director, BrookshiVIGolf 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)) 05/18/10 926777154 Balls $349.2 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