HomeMy WebLinkAbout189060 08/18/2010 CITY OF CARMEL, INDIANA VENDOR: 360301 Page 1 of 1
ONE CIVIC SQUARE WELLS FARGO TRADE CAPITAL CHECK AMOUNT: $125.45
CARMEL, INDIANA 46032 PO BOX 360286
PITTSBURGH PA 15250 -6286 CHECK NUMBER: 189060
ON
CHECK DATE: 8/18/2010
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMB AMOUNT DESCRIPTION
1207 4356006 476453 125.45 GOLF SOFTGOODS
t'rn x Invoice 476453
Date 27- JUL -10
PERFORMANCE EQUIPMENT FOR THE BEST ATHLETES OF THE WORLD.
Account 614109TG
Page 1 of 1
3182 Lionshead Avenue
Carlsbad, CA 92010 -4701
Call for Authorization to Return Merchandise Remit To: WELLS FARGO TRADE CAPITAL
For Sales, Billing Service Inquiries please call (877)862 -9224 P.O. BOX 360286
PITTSBURGH PA 15250 -6286
Sold To: Ship To: BROOKSHIRE GOLF COURSE
Attn: Accounts Payable 12120 BROOKSHIRE PKWY
BROOKSHIRE GOLF COURSE CARMEL IN 46033
12120 BROOKSHIRE PKWY
CARMEL IN 46033
Due Date Salesperson Order Order Date Terms Purchase Order
26- AUG -10 Rob Backus 528823 15 -JUL -10 30 NET
Ship Via Discount Level
UPS 2010 TMGG00 ADGG00 0%
Wholesale Extended Price After
Item Number Description Qty Price Price Net Price Discount
0103110114, Headwear -TM NFL Hat 2011- Indianapolis Colts 8 15.00 120.00 15.00 120.00
Invoice Total 8 120.00 120.00
Shipping Handling Charges 5.45
Tax 0.00
Total Amount Due in USD 125.45
TMAX (TEAR
TERNIS AND CONDITIONS OP SALES
These terms and conditions are oven ed n Lill all invoices issued by Gathering Stonn, LLC a Delaware limited liability company, dba TMAX Gear (the "Company"). having its principal place of business at 3182 Lionshead
Avcmar, Carlsbad, Calif o Ina 920 1 0-4 70 1 and are the berme and condition upon which TMAX Gear stakes all sales (the "Terms of Sal' All pumhascs mode by any buyer {the "Buyer") are made conditional io these Terms of Salc
unless TMAX Gear has waived, in writing, any specific terns which will supersede and replace the Temu of Sale contained herein.
I Acceptance Buyer accepts all of the Toms of Sa1c stated by any of the Gdlowtng acts: (1) Buyer makes an offer to purchase goods, (2) Buyer's Lennon acknowledgment; (3) Buyer's acceptance of any shipped
good that have been specified for delivery, or (4) any Lill... act or expression of acceptance by Buyer. TMAX Gear's acceptance is based solely on these Terms of Sale in their entirety, without any modification
(orally Or in writing) that is inconsistent will, these Terris of Sale. TMAX (,car rejects any other terms or conditions that arc our censistent in their entirety with these Terns of Sale. TMAX Gear's failure to respond
to any different terns or Conditions shall not be deemed as TMAX Gear's acceptance or approval thereof.
L Pavmenl Terms and Credit TMAX Gears terms of are net 30 with approved credit. All goods and applicable freight and insurance charges will be invoiced as of the dale of shipment. TMAX Gear reserves the
right to suspend credit, change credit tents -or deny credit at its sele discretion, with or without notice to Buyer" Buyers kniure to pay invoices when due, at TMAX Gear's election, makes all subsequent invoices
immediately due and payable irrespective ,['prior negotiated terms. TMAX Gear may withhold delivery or shipment of goods until Buyer's account is Settled in full, and Buyer expressly waives any liability of
TMAX Gear for any failure to deliver goods for aecounbs in arrears.
3. Purchase Price: Payment_Taxes Buyer agrees to pay the total purchase price as shown on the TMAX Gear invoice plus any additional or applicable sales or use taxes. Buyer agrees and acknowledges that any
amount due TMAX Gear is contracted for in United States dollars. Payment is due upon recegrt or on the terms set f ill in writing on any TMAX Gear invoice, mtnu5 any deposit paid in advance_ All personal
property taxes assessable on the purchased goods or after delivery are the responsibility of Buyer. All unpaid invoices shall bear interest in the amount of 2% of the outstanding balance per month, commencing on
the date that payment is due. Buyer'S failure to snake burly payment nary result in such action as commencetnenl for collection proceedings, revocation of credit, shipment stops, and termination of all additional
orders or shipmcros. In the event that Buyer's invoices are sent for collection activities. Buyer agrees to pay all costs and attorneys fees association with the cost ofcollcetion.
4. Partial Shmments Any request for partial shipment must be stated an the Buyer's purchase orders_ Buyer agrees m pay for any partial shipment of goods under the same lernte as stated herein. Payment for any
partial .shipment shall equal the pro -rata amount of the total amount that the partial shipment represents. All such installments or back orders shall be separately invoiced and paid for when (Joe, without regard to
subsequcnt shipments and deliveries_ Delay in delivery of an insiullntem or hack ardor shall iwt relieve Buyer of its ohligatinn to accept ranaining deliveries.
Ship ping; Frcish(; Risk of Loss; I )clocrY" Buyer- agrees to pay for all costs associated with the transportation of the goods in transit to the delivery place specified on the TMAX Gcar, invoice. Buyer shall be
...ponsibl, for tiro f iliog of any claims with any carrier for damage to goods occurring during transit. TMAX Gear will arrange for freight to the designated FOES location agreed between the parties Lin the purchase
order, Fur all rarlsae601s, unless otherwise stated on the front of the invoice, ;dl risk of loss or damage with respect to file Ordered goods shall pass to Buyer upon delivery by TMAX (.,ear hi the carrier or Buver's
representative ar TMAX Gear's warehouse. TMAX Goer shall use comrnercialty reasonable of reris to deaver all Ordered. �ds as sp -ificd on the invoice, but shall not be liable in any injurer for delays in
delivery. TMAX Gear c,pressly reserves the right to make delivery in installments and back order goods unless Buyer specifically states otherwise in writing. and "latch is accepted by TMAX Gear on its written
i-oiea Fm any international Orders, the goods arc sold on a delivered basis with insurance paid and duties and inlemalional freight unpaid TMAX Gear assumes no responsibility for charges associated with
customs duties or ay ('11'e, taxes or duties whltin Ihc count, y designated for delivery. TMAX Gear shall not be responsible for any shipment delays caused by delays beyond the n:asomtble control of "I'MAN Gear,
or product unavailability.
6. Claims and Damages All claims for damaged goods must be nude within 10 days utter delivery of the goods. Goods purchased fin lidure sale must he checked for conformity with the purchase order. invoice and
shipping documemation within 10 clays alter delivery by TMAX Gear. Failure to make a claim within such time frarne shall constitute a complete acceptance of nor goods.
7. Title: Tide to each of the goods shipped by TMAX Gear shall pass N Buyer upon payment to TMAX Gcar. TMAX Gcar reserves title to the goods as security for the purlormanc o1 Buyer's obligations.
R. Product Returns Return policies differ on a product -by- product basis. it is the Buyer's responsibility to obtain all written, current return policies ofTMAX Gcar prior to purchasing any goods, Orders which have
been accepted by TMAX Gear are not subject to caneellaljou or changes, except wish TMAX Gear's prior written consent, TMAX Gcar may require, a, a condition for its consern to return any previously ordered
goods, reimbursement lot any costs incurred in the performance of the original order or additional costs due io Buyer's Changes or modifications. TMAX Gear rescn cs the right to change or modify its rem..
Policies Lit any time. "1111 or without notice to Buycr, save fell uny prior shipments made by TMAX Gear to Buyer under existing issued purchase orders and invoices. TMAX Gear will not accept an) returns without
prior written authorization of'TMAX Gear. Any rehun soot be plc- approved by TMAX Clear and the Buyer must obtain a Return Authorization Number "RAN)" If TMAX Gcar issues it valid RAN allowing [be
Buyer to return goods, the Buyer will deliver the goods to TMAX Gcar's designated address in the United States, The 13uyer shall be responsible for all applicable shipping costs, taxes, insurance, import or customs
duties on any returned goods_
9_ Account Selection and 7 ransshinmcnts!Unauthri -ed Rcsdlcrs TMAX Gear only sells its goods to selected accounts for retail sales, on the express condition that such accounts may not resell to any other person or
company who is not an end user of the goods Retail accounts may only sell from the retail locatiti approved in writing by TMAX Gear, and any new retail trade locations_ fictitious names, or trade names used by
Buyer must be approved in writing by TMAX Gcar as a new acco t location or mine, at the sole diseredon of TMAX Gear_ The resale, trans shipment or redistribution of TMAX Gear goods to anyone other than
an end user or consumer is expressly prohibited. TMAX Gear may refuse to deal '.with any Buyer who directly or indirectly trans- ships, redistributes, or otherwise diverts goods for unauthorized resale. whether in the
United States or abroad.
10. Intellectual Property Rights Buyer agrees not to rcpackagc, ne-mark disassemble, re- assemble or otherwise modify the goods from Ilion- onginai packaging as delivered by TMAX Gear to Buyer for resale. Buyer
may not purchase, sell. or offer to sell products that infivhge TMAX Goal', trademark, patent, copyright of other intellectual property rights, including the sale of products bearing counterfeit marks, logos, trade
names or the like, or products flat are generally known in the industry as "clones" or "knock -offs' of TMAX Gcar s genuine goods. Buyer agrees not to adopt for its own use any trademarks, trade names. designs,
or other materials Which would infringe or violate any intellectual property rights owned by TMAX Gear. All advertising sales materials, brochures, point of purchase displays or other materials developed by Buyer
which incorporates any nrTMAX Gear's intellectual property shall be approved in advance of publication by'CA4AX Gear by giving TMAX Gear 10 days prior written notice for itc approval, not to be unreasonably
withheld provided- however, that if a particular type dadved,sing or sales material is approved by TMAX Gear, each subsequent use by Buyer shall nor require TMAX Gear's prior written approval.
I I_ WARRANTIES AND DISCLAIMERS TMAX Gear respresents and warrants that, at file time of delivery orthe goods. it has dire right to sell the goods to Buyer, lice and clear of any liens or encunberances
(except f r any bank financing or factoring arrangements Or other than those which may arise out of these Terns of Sale). Any goods purchased by Buyer may be covered by it manufacturers warranty, however. the
Buyer, recognizing that TMAX Gear is not the manufacturer of the goods, expressly waives any clainn against TMAX. Gear based on any infringement of any pauenl with respect h> the goods, or for any indemnity
against any patent claim made by any third party against the Buyer. No other warranty or guarantee, or representation, wliethmr oral or written, for any good, will exist unless expressly stated in the item description.
The express warranties contained here in are in licuof any anti at1 other warranties. TN4AX GEAR F[EREBY DISCLAIMS ALI_ REPRESENTATIONS AND WARRANTIES, EXPRESS OR iMPI_IFD. AS TO
TI IF GOODS. INCLUDING BLTNOT LIMITFDTo ANY IMPLIED WARRANTY OP FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF MLRCIIANTABILITY. TMAX GEAR WILL NOT
BF LIABLE FOR ANY DAMAGES, LOSS, COST OR FXPRNSF. 1 TI IF 13HEACII OF TI [IS WARRANTY.
12. LIMIT "A I IONS OF LIABILITY TMAX GEAR WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL CONSL'QULN'I ME, INC]DFNTIAI.. PUNITIVE OR EXEMPLARY
DAMAGES ARISING OUT OF OR IN ANY WAY CONNLCTED WITH THIS AGREL'MENT TO SELL GOODS TO THE. BUYER, INCLUDING DAMAGES FOR LOSS OF USF-, LOST PROFITS, LOST
DATA. OR DAMAGES PAID TO T]HRD PARTIES ieVEN If; "I'MAX (_TEAR HAS BEFN ADVISED OF TI POS,SIBLI'iY OF SUCH DAMAGES. TMAX GL3AR'S EN TIRE LIABILITY TO BUYFR Sf1ALL
BE LIMITED TO T14F TOTAL INVOICE: PR[CF PAID OR INCURRED BY BUYER FOR THP GGODS TUAT ARE f[E SUBJECT OF ANY DISPUTE OR CLAIM FOR DAMAGES.
I3_ Misccllancous
u. Any purducte order, invoice, of IhcsC Tortes of Sale may not be assigned by Buyer without the prior written consent Of TMAX Gear, soh to be unreasonably withheld Or denied, Any attempted
'S"gmncar without such conscm shall be void_
b. Any notice provided for herein shall he in writing and sent by ovemighl it ccrtuLedntad. postage prepaid, to the address of the party set froth herein. Either parry may change its mailing address by
goring the other patty wrinan notice ofthe address change by the means set forth herein_
c. Each purchase order Submitted by Buyer to TMAX Gcar is subject [O TMAX Gear's acceptance and shall only become eflectivc if accepted by TMAX Gear, in its sole discretion.
d. Any change Or cancellation of a purchase order by Buyer after acceptance b TMAX Gear may result in a cancellation charge m he paid by Buyer to Seller, not to exceed the actual purchase price of
the goods as originally ordered by Buyer if a cancel lotion or mo dification is subminel by Buyer after shipment by TMAX Gear, TMAX Gear attains the right to collect the entire purchase price of
the goods as invoiced to Buyer. No goods shall be retuned an TMAX Gear without TMAX Gears prior written authorization. A restocking fee may be charged by TMAX Gcar and Buycr agrees to
pay such restocking charge, not to exceed 30'1,, of the invoiced purchase price of the goods ordered by Buycr and retumed with TMAX Gear's prior written approval.
c. The parties agree that these'1'crnhs of Sale shall be interpreted under the laws of the State of California, without regard to any internal cootlicts of laws principles. The parties further agree to the
cxCusivejurisdiction of the Courts located it San Diego County, California, as the esdusrve venue for any action arising out of the subject matter of the purchase orders, invoices, or these Terms of
Sale hotween the parties.
f Harry Iuga1 action is taken to enforce the terns of the purchase orders, invoices or these Terms of Salc, the prevailing patty shall be entitled to its reasonable attorneys' ice's and costs, without regard to
any other relief m which such party may be entitled.
L. Any and all claims, demands, Causes of action or disputes of any nature (including but not limied to ton and contract claims, or claims based on any federal or state laws, statutes, or regulations)
arising out of, in connection with, or relating to the subject mailer of the purchase orders, Invoices or Ternts of Sale between the parties shall be resolved by final, binding nonjudicial arbitration by a
single. ablualor Initially agrecuble to the parties and such arbitration shall be conducted in accordance with the Federal Arbitration Act. It is the parties' express intent that arbitration shall be the sole
and exclusive venue for resolving disputes hereunder. If the parties are unable to agree on a single arbitrator within 10 days alter the dispute arises and a commercially reasonable time for resolving
impasse is reached (not to exceed 30 days) the choice of arbitrator shall be submitted to and made by the random choice of the JAMS organization located in San Diego. California. Each party shall
have no longer than one day to present its position, and the entire proceedings before the arbitrator shall be no more, than 3 consecutive days, and the decision of the arbitrator shall be made in writing
nO more than 30 days following the end of the proceeding. Such an arbitration award shall be a final and binding determination of the dispute an(] shall he enforceable as a judgment Ufa Colin of San
Diego County, California having exclusive jurisdiction and venue over the parties. The prevailing party's reasonable attorneys fees and cast:, as deteruined by the arbitrator, shall be awarded in
addition to any amount awarded by the arbitrator and the non prevailing party expressly agrees to pay such award, fees and expenses as awarded by the arbitrator. By agreeing to be bound to this
provision, file parties agree that they are waiving their rights to ajury trial. This provision does not preclude either party from seeking the intervention of 'a Court of'rompctcnt jurisdiction and verute
fur injunctive. or other equitable relief to remedy or prevent the violation of these Tennis of Sale.
h, Each party agrees that written communications shall include electronic communications and which if sent via commercially reasonable and secure electronic means, shall be deemed the equivalent of
written and signed documents, where valid signatures binding the parties are on electronic versions of docurents.
1. These Terris of Sate may be unilaterally modified, changed, supplemented or amended by 7 "MAX Gear from time to time, in TMAX Gears sole discretion, and such modified or changed Tortes of
Sale may be published in writing to Buyer directly, or via TMAX Gear's published catalogs or interact website.
VOUCHER NO. WARRANT NO.
ALLOWED 20
Wells Fargo Trade Capital
IN SUM OF
P.O. Box 360286
Pittsburgh, PA 15250 -6286
$125.45
ON ACCOUNT OF APPROPRIATION FOR
Brookshire Golf Club
PO# Dept. INVOICE NO. ACCT #!TITLE AMOUNT Board Members
1207 476453 43- 560.06 $125.45 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
Tuesday, August 03, 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. 1995)
ACCOUNTS PAYABLE VOUCHER
CITY OF CARMEL
An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by
whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc.
Payee
Purchase Order No.
Terms
Date Due
Invoice Invoice Description Amount
Date Number (or note attached invoice(s) or bill(s))
07/27/10 476453 Soft Goods $125.45
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