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190231 09/29/2010 CITY OF CARMEL, INDIANA VENDOR: 363630 Page 1 of 1 ONE CIVIC SQUARE CLEVELAND GOLF /SRIXON CARMEL, INDIANA 46032 PO Box 7270 CHECK AMOUNT: $85.15 NEWPORT BEACH CA 92658 -7270 CHECK NUMBER: 190231 CHECK DATE: 9/29/2010 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1207 4356007 3316460 SO 85.15 GOLF HARDGOODS INVOICE S R1X01V Page Number: 1 G o L" F Invoice Date: 09/14/10 Bill To No.: 106747 California (714) 889 -1300 Ship To No.: 106747 National (800) 999 -6263 Order No.: 6398299 Fax (714) 889 -5890 Invoice: 3316460 SO Terms NET 60 DAYS CITY OF CARMEL CITY OF CARMEL PAM LISTER DBA BROOKSHIRE GOLF CLUB DBA BROOKSHIRE GOLF CLUB 12120 BROOKSHIRE PARKWAY 12120 BROOKSHIRE PARKWAY CARMEL IN 46032 CARMEL IN 46032 Request Date Customer P.O. Freight Terms Salesrep Shipping Instructions 09/14/10 WALSH Huntington Beach, CA Salwak, Glenn Quantity Gross Disc% Unit Extended Item No Description Tracking Ordered Shipped Bio price Net Net Price 31832 Lnchr DST Hyb 20.5 3i Red R 9611019092516633305876 1 1 78.00 78.00 78.00 FREIGHT 1 1 7.15 7.15 Invoice Summar Product Total Taxes Freight Total Net Due Date 78.00 1 7.15 85.15 "S X 10 TERMS AND CONDITIONS OF SALE EFFECTIVE MARCH 1, 2009 PAYMENT TERMS RETURN OF GOODS 1. Payment terms are as stated on the front of each invoice. 1. Cleveland Golf /Srixon warrants golf club products to original end user 2. Any discount for early payment specified on an invoice only applies if payment purchasers under the Limited Warranty set forth below. EXCEPT AS by cash or check is received by Cleveland Golf /Srixon within the specified time period. OTHERWISE REQUIRED BY APPLICABLE LAW, CLEVELAND GOLF /SRIXON 3. Interest will accrue on the outstanding balance of any payment amount from MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR the date due until paid in full at the lower of 1.5% per month or the highest rate STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF permitted by applicable law. MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. GENERAL TERMS AND CONDITIONS OF SALE 2. All products returns (under the warranty program or otherwise) by dealers or other purchasers for resale must be authorized in advance by 1. Prices are subject to change without notice. In the event of a price change, all Cleveland Golf /Srixon and bear a return authorization number on the outside of the goods shipped shall be invoiced at the price in effect at the time of order packaging. Return authorizations may be obtained by calling 714- 821 -4200 placement if the order is for immediate delivery. (outside of California, 800- 999 6263). Cleveland Golf /Srixon reserves the right to 2. Prices are FOB point of shipment by Cleveland Golf /Srixon. Prices do not include charge a 15% restocking fee for returns of non defective merchandise and a charges for freight or insurance, any sales, use, excise or other taxes, or any 25% refinishing fee for any such returns of shopworn items. All products customs duties or levies, all of which shall be for the account of the buyer. returned under the warranty program must be accompanied by a written 3. All orders are subject to credit approval. statement identifying the model number, the retail seller, the date of sale and 4. All orders are subject to acceptance by Cleveland Golf /Srixon, the nature of defect. 5. Custom orders may not be changed or canceled without the approval of Cleveland Golf /Srixon. GOVERNING LAW 6. Cleveland Golf /Srixon will use reasonable commercial efforts to make deliveries on or about the specified delivery date, but will have no liability for any delivery delays The validity, interpretation and performance of any sales contract between due to force majeure, natural disasters, supply shortages or other causes beyond the parties shall be governed by the laws of the State of California. the control of Cleveland Golf /Srixon, or due to any conditions affecting manufacturing or production. Cleveland Golf /Srixon does not recognize "Receive by" or "In House by" LIMITED WARRANTY dates and reserves the right to back order or split ship on a purchase order if necessary. Proof of delivery must be requested within 30 days from the invoice Cleveland Golf /Srixon warrants its golf club products to be free from defects in date. materials and workmanship for one year from the date of first retail sale. 7. Title to and all risk of loss of or damage to goods shall pass to the buyer upon This warranty does not apply to normal wear or damage from abnormal use, delivery of such goods by Cleveland Golf /Srixon to the carrier for shipment. misuse, abuse, neglect or accident, or to products which have been repaired 8. Any claims for shortages or billing errors must be made to Cleveland Golf /Srixon or modified other than by Cleveland Golf /Srixon. At Cleveland Golf /Srixon's option within fifteen (15) days after the date of the invoice. and as the buyer's sole remedy, defective products covered by this limited warranty 9, Cleveland GolflSrixon will not accept charge backs or offsets for Handling, will be either repaired or replaced at no charge to the buyer. Such defective Administration Fees, Service Fees or Penalties for "PO Violations" or "Shipping products should be returned to the authorized Cleveland Golf /Srixon dealer from Errors" without its prior written consent, which such products were purchased. End user customers may contact 10. Suggested retail prices for Cleveland Golf /Srixon products are not binding on any Cleveland Golf /Srixon directly regarding any problems relating to warranty service. person or entity. All buyers or users are requested to return their warranty registration cards. 11. To insure brand integrity, buyer agrees to dispose of Cleveland Golf /Srixon products To the fullest extent permitted by applicable state law, CLEVELAND GOLF /SRIXON by retail sale to the public at authorized locations in the normal course of business. DISCLAIMS ALL LIABILITY FOR ANY INCIDENTAL OR CONSEQUENTIAL Should buyer be found to be shipping product outside of its respective market, Cleveland DAMAGES. Some states do not allow the exclusion or the elimination of Golf /Srixon reserves the right to suspend and or cancel buyers ability to buy directly liability for incidental or consequential damages, so the above Limitation or from manufacturer. Unless authorized in writing by Cleveland Golf /Srixon import/export exclusion may not apply. This warranty gives specific legal rights; these Into areas outside of your territory is strictly prohibited. Buyer is strictly prohibited from rights may vary from state to state. trade practices known as "transshipping" or "parallel importing /exporting," whereby a buyer disposes product by shipping to destinations outside of the territory listed above. Sales or advertising of goods via the online market; auction or otherwise, is prohibited absent the written consent of Cleveland GolflSrixon. CLEVELAND GOLF /SRIXON CUSTOMER SERVICE 12. The use of Cleveland Golf /Srixon trademarks, names and/or logos is prohibited without the Company's prior consent. 714 889.1300 or from outside of California 800 -999 -6263 13, Cleveland Golf /Srixon shall not be responsible for any damages beyond the 5601 Skylab Road, Huntington Beach, California 92647 replacement of goods in accordance with the terms of its standard warranty as set out in these terms and conditions. Buyer or user assumes all risk of injury due to breakage, splitting, or other causes resulting from use of any Cleveland Golf /Srixon equipment. All sales are subject to the terms and conditions stated above. Any variance from these terms and conditions may result in an interruption of shipments and may lead to the termination of the business relationship. LA e06sav+ n. VOUCHER NO. WARRANT NO. ALLOWED 20 Cleveland Golf Srixon IN SUM OF P.O. Box 7270 Newport Beach, CA 92658 -7270 $85.15 ON ACCOUNT OF APPROPRIATION FOR Brookshire Golf Club PO# Dept. INVOICE NO. ACCT /TITLE AMOUNT Board Members 1207 3316460 SO 43- 560.07 $85.15 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, September 21, 2010 4" Director, Brook ire Golf Club Title Cost distribution ledger classification if claim paid motor vehicle highway fund 4 1 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)) 09/14/10 3316460 SO Club $85.15 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