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HomeMy WebLinkAbout196033 03/29/2011 CITY OF CARMEL, INDIANA VENDOR: 361198 Page 1 of 1 ONE CIVIC SQUARE NIKE USA INC CARMEL, INDIANA 46032 PO BOX 847648 CHECK AMOUNT: $2,006.55 o DALLAS TX 75284 -7648 CHECK NUMBER: 196033 CHECK DATE: 3/2912011 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1207 4239099 932041447 X4.53 OTHER MISCELLANOUS 1207 4239099 932041448 -4.51 OTHER MISCELLANOUS 1207 4356007 932160523 "657.50 GOLF HARDGOODS 1207 4356007 932183510 /9.02 GOLF HARDGOODS 1207 4356007 932183511 /110.00 GOLF HARDGOODS 1207 4356007 932220157 84.00 GOLF HARDGOODS 1207 4356007 932220158 /234.00 GOLF HARDGOODS 1207 4356006 932240711 --902.99 GOLF SOFTGOODS MIKE GOLF `o- Customer Number: 272920 Invoice Number: 932220157 Nike Order Number: 841171402 Invoice Date: 03/18/2011 I C Nike Delivery Number: 455061026 Terms: Net 120 Customer PO No: BALL I Terms begin as of: 03/18/2011 Ordered by: Scott Lentz Due Date: 07/16/2011 DUNS 05- 095 -7364 Ordered on: 10/22/2010 Currency: USD FEDERAL TAX ID 93 -124 -3023 Original Invoice Number: MAIL TO DELIVER GOODS TO 119801 MB 0.382 CITY OF CARMEL Itlttltllttlitttttlltt�lltt, Iltttllttttll�lttl ,tltllltttttJll 12124 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 I Product Description Size UOM Quantity Quantity Wholesale Net Unit Total Product Code Ordered Shipped Unit Price Price GL0471 -101 PD7 WOMEN BI -L MISC EA 6 6 12.00 12.00' 72.00 "`Subtotals 6 6 72.00 72.00 72.00 Shipped From: Nike Golf: Memphis Date Shipped: 03/18/2011 Order Type: Futures Order Direct Ship Factory PO Carrier: Federal Express Mode of Transport: Standard Incoterms: Free carrier Weight: 9.220;18.500;18.500; 18.500; Bill of Lading Number: Pro number: Tracking Number: 217508277187182;217508277208306;217508277208726; 217508277208368; Packing list Number: 13830800 Number of Cartons: 4 Special Label Instructions: Ship -to ID: 272920 Store ID 272920 Wholesale Amount Sales Net of Discount Freight Total 72.00 72.00 12.00 84.00 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 /2% er month will be char er on all past due invoices. Anticipation 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: Ali 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 stated unless 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 oods 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 take precedence over any terns 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 of any other NIKE document, NIKE's invoice terms will controi. An sutras not paid within net terns are subject to a service charge of ONE AND ONE -HALF PERCENT (I 5 PER MONTH or the maximum rate rate permitted by la w, 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 attorney fees including, without limitation at trial and on appeat) as NIKE may incur in any manner of collection o�any sums past due. Oregon 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 any venue man statc or federal located in the state of Oregon. This means that NIKE can filesuit against Customer in any court located within the state of Oregon. Any action F 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 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: S(occ 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. CANCELLATION: Any request for cancellation of an order for NIKE goods must be made through the Customer's NIKE Sales Representative. A request to cancel an order which has been entered into NIKE's order system must he 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 count or evidence of damage to NIKE goods must be noted on the carrel's delivery receipt and reported to the carrier's local office. Al I clauns must be filed with the carrier within nine (4) months from the date of loss or damage. SHORTAGES IN UNOPENED CARTONS: All shortages must be reported to the NIKE Customer Service Department within thirty (30) days from the payment clue 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. hncomplete claims and claims filed more than thirty (30) days after the NIKE payment due date will not be accepted. Customer will he 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 returned: sates are final. Merchandise found unacceptable for credit will not be returned unless Customer specifies and agrees to pay for its return. ALL RETURN FREIGHT CHARGES MUST BE PAID BY THE CUSTOMER, unless NIKE authorizes the Customer to use RPS Collect. RETURN TO STOCK POLICIES: NIKE shippping order or invoice number is required for return io stock claims. Return to stock requests for a NIKE ship ing error must be received within thirty (30) days of the tnvrnce date. Merchandise must be returned in the same salable Condition as received. A ten percent (10 °H,) restockin- 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 be 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 (5.50) per pair for footwear found defective; freight allowance for apparel found defective will be given at NIKE's sole discretion, upon receipt ota freight bill. Credit will be issued at the invoiced price net of Customer's discounts. If no invoice is provided. on the day NIKE issues credit NIKE will use the fast 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. 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 clue. 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 innrrediately terminate Customer's ability. if any, to purchase goods on credit or otherwise at any time in NIKE's sole discretion. RESTRICTION ON SALES/PURCHAES: Customer will not (a) sell NIKE goods other than to purchasers physically present at the store location(s) specified in Customer's Account Application; (b) sell or otherwise transfer or transship NIKE goods to another retailer. 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 behalf of, or for the account of, any other ppart y, or (c) solicit or take orders, or otherwise sell or offer to sell, NIKE products: (1) through the mail (11) by catalog, (111) by telephone, or (IV) through any electronic means, including the World Wide Web, e -mail or other Internet channels. Customer is permitted 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 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 pproduced and furnished in compliance with the requirements of the Fair Labor Standards Act of 1938 as annended, and any regulations and orders issued thereunder. o 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 eventbevond NIKE' 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 NIKE GOLF L✓ Customer Number: 272920 Invoice Number: 932220158 Nike Order Number: 841171402 Invoice Date: 03/18/2011 INVOICE Nike Delivery Number: 455061026 Terms: Net 30 Customer PO No: BALL I Terms begin as of: 03/18/2011 Ordered by: Scott LentZ Due Date: 04/17/2011 DUNS 05- 095 -7364 Ordered on: 10/22/2010 Currency: USD FEDERAL TAX ID 93- 124 -3023 Original Invoice Number: MAIL TO DELIVER GOODS TO 1198 01 MB 0.382 CITY OF CARMEL 111rt1t1ln11ttut11t1111ttt11ttt111111 HtI 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 GL9 662 -101 MOJO 10 DOUBLE MISC. EA 18 18 13':00— —13:00 —234.00 "Subtotals 18 18 234.00 234.00 234.00 Shipped From: Nike Golf: Memphis Date Shipped: 03/18/2011 Order Type: Futures Order Direct Ship Factory PO Carrier: Federal Express Mode of Transport: Standard Incoterms: Free carrier Weight: 9.220;18.500;1 B.500; 18.500; Bill of Lading Number: Pro number: Tracking Number: 217508277187182;217508277208306;217508277208726; 217508277208368; Packing list Number: 13830800 Number of Cartons: 4 Special Label Instructions: Ship -to ID: 272920 Store ID: 272920 Wholesale Amount Sales Net of Discount Freight Total 234.00 234.00 0.00 234.00 Al] Nike USA, Inc_ products are saki FCA (Free Carrier-S y Point} and.pay_ment terms are calculated from invoice date unless specifically noted otherwise by Nike. A service charge of I per month will be charge on all past due invoices. Anticipation discounts are not allowed. No returns without prior i authorization from Nike. Shortage claims must be made within 30 days of receipt. All collection lees 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 CONDI'T'IONS 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 stated unless 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 an NIKE., 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 Customers purchase order or other similar document and to the extent the terms in any NIKE invoice conflict with the terms ot'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- HALFTERCENT (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 ency commissions, expenses and reasonable attorney fees (including, without limitation at trial and on meal) as NIKE may incur in a any manner of collection o any sutns past due. Oregon law (without resort to its choice of law provisions) and the law of the Ninth ircuit will govern. Customer consents to the non exclusive jurisdiction of any venue to any state or federal located in the state 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 be created for all unshipped orders and will stay on the system until shipped or the cus(omer'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. CANCELLATION: Any request for cancellation of an order for NIKE goods must be made through the Customer's 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 carton count and condition. Any shortage in total carton count or evidence of damage to NIKE goods must be noted on the carrier's delivery receipt and reported to the camers local office. All claims must be filed with the carrier within nine (9) months from the date of loss or damage. SHORTAGES IN UNOPENED 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 requircd to furnisli NIKE with ail invoice or shippin order number and Ian itemization of all shortages /overages by product code. size. and quantity. Incomplete claims and claims filed more than ihiriyK) 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 -ALI, RETURNS: All returns must be pre approved by an authorized NIKE Sales or Customer Service Representative. Footwearand 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 13- grades may not be returned; sales are final. Merchandise found unacceptable for credit will not be returned unless Customer specifies and aggees to pay for its return. ALL FREIGHT CHARGES MUST BE PAID BY THE CUSTOMER, unless NIKE authorizes the Customer to use RPS Collect. RETURN TO STOCK POLICIES: NIKE shipping order or invoice number is required for return to stock claims. Return to stock requests fora NIKE sht in_ 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 0) g 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 be issued at the invoiced price net of Customer futur'cs 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 (S.50) per pair for footwear found defective: freight allowance for apparel found defective will be given at NIKE's sole discretion, upon receipt of a freight bill. Credit will be issued at the invoiced price net of Customer's 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 Invoicee 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 any time in NIKE's sole discretion. RESTRICTION ON SALESIPURCHAES: Customer will not (a) sell NIKE_ goods other than to purchasers physically present ai the store location(s) specified in Customer's Account Application; (b) sell or otherwise transfer or transship NIKE goods to another retailer, e- taller, distributor or broker: (c) purchase NIKE products from any source other than NIKE: ('d) directly or indirectly sell or offer to sell NIKE pro( on behalf of. or for the account of, any other party, or (e) solicit or take orders, or otherwise sell or offer to sell. NIKE products: (1) through the mail, (II} by catalog, (I11) b telephone, or (IV) through any electronic means, including the World Wide Web. e -mail or other Internet channels. Customer is permitted 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 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 resuh of such a delay, the goods ordered are unavailable. NIKE may substitute comparable goods. Page 2 of 2 MIKE GOLF 6/ Customer Number: 272920 Invoice Number: 932160523 Nike Order Number: 842382184 Invoice Date: 03/16/2011 INVOICE Nike Delivery Number: 455074031 Terms: Net 120 Customer PO No: PD BALL Terms begin as of: 03/16/2011 Ordered by: Scott LentZ Due Date: 07/14/2011 DUNS 05 -095 -7364 Ordered on 12/10/2010 Currency: USD FEDERAL TAX ID 93- 124 -3023 Original Invoice Number: MAIL TO DELIVER GOODS TO 952 01 MB 0.382 CITY OF CARMEL 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 I Wholesale Net Unit Total Product Code Ordered Shipped __UnitPrice__ __Price__ GL0465 -101 PD7 SOFT BI -LING MISC EA 24 24 12.00 12.00 288.00 "Subtotals 24 24 288.00 288.00 288.00 GL0468 -101 PD7 LONG BI -LING MISC EA 18 18 12.00 12.00 216.00 "Subtotals 18 18 216.00 216.00 216.00 GL0491 -101 PD7 4 -BALL ON -CNTR MISC EA 1 1 132.00 132.00 132.00 "Subtotals 1 1 132.00 132.00 132.00 Shipped From: Nike Golf: Memphis Date Shipped: 03/16/2011 Order Type: Futures Order Direct Ship Factory PO Carrier: Federal Express Mode of Transport: Standard Incoterms: Free carrier Weight: 9.280;19.380;19.380; 19.360;2.200; Bill of Lading Number: Pro number: Tracking Number: 217508277141207;217508277113822 217508277113679; 217508277110098 ;217508277104868; Packing list Number: 13831832 Number of Cartons: 5 Special Label Instructions: Ship -to ID: 272920 Store ID 272920 Wholesale Amount Sales Net of Discount Freight Total 636.00 636.00 21.50 657.50 All Dike LISA, 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 h% per month will be charged on all past due invoices. Anticipation discounts are not allowed. No returns without prior authorization from Nike. Shortage claims must be made within 30 days of receipt. All collection Dees 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 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 stated unless Customer notifies NIKE to 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, to 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 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 Taw, whichever is lower. No discount will be allowed to any customer having an overdue balance. Customer will pay such costs. collection yency commissions, expenses and reasonable attorney fees (including, without limitation at trial and on appeal) as NIKE may incur in any manner of collection o any sums past due. Oregon 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 any venue to an state or federal located in the state of Oregon. This means that NIKE can file suit aggainst Customer in any covet 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 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. CANCELLATION: Any request for cancellation of an order for NIKE goods must be made through the Customer's 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 tbrty -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 count or evidence of damage to NIKE goods must 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 (9) months from the date of loss or damage. SHORTAGES IN UNOPENED 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 1 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 Customers 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- g rades may not be returned: sales are final. Merchandise found unacceptable for credit will not be returned unless Customer specifies and agrees to pay for its return. ALL RETURN FREIGHT CHARGES MUST BE PAID BY THE CUSTOMER, unless NIKE authorizes the Customer to use RPS Collect. RETURN TO STOCK POLICIES: NIKE shipping order or invoice number is required for return to stock claims. Return to stock requests for a NIKE shi g in 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 (I E) 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 bifl, unless NIKE authorizes the Customer to use RPS Collect. Credit will be 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 detective. 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 NIKE's sole discretion, upon receipt of a freight bill. Credit will be issued at the invoiced price net of Customer's discounts. It 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. HANDLING CHARGE: NIKE will not pay handling charges. TIME LIMCI 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 any time in NIKE's sole discretion. RESTRICTION ON SALES/PURCHAES: Customer will not (a) sell NIKE goods other than to purchasers physically present at the store location(s) specified in Customer's Account Application; (b) sell or otherwise transfer or transship NIKE goods to another retailer, e- taller, 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 p arty, or (e) solicitor take orders, or otherwise sell or offer to sell. NIKE products: (f) through the mail, (II) by catalog. (111) by telephone, or (IV) through any electronic means, including the World Wide Web, e -mail or other Internet channels. Customer is permitted to advertise NIKE products through electronic media in order to crease or enhance consumer awareness of performance features and /or indicate the availability of NIKE products in Customer's 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 i 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 MANURE: 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 evenl 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 NIKE C50LF 4w Customer Number: 272920 Invoice Number: 932183510 rC Nike Order Numbers 844233973 Invoice Date: 03/17/2011 INVOICE Nike Delivery Number: 455726468 Terms: Net 30 Customer PO No: BALL DISPLAY Terms begin as of: 03/17/2011 Ordered by: Scott Lentz Due Date: 04/16/2011 DUNS 05- 095 -7364 Ordered on: 02/08/2011 Currency: USD FEDERAL TAX ID 93- 124 -3023 Original Invoice Number: MAIL TO DELIVER GOODS TO 903 01 MB 0.382 CITY OF CARMEL i�ltt Itll�t ll. ��tt ll... II... II .ttlLtttllJttlt�ltlllt��tttlll 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 FXE012 -00 BALUGLOVE COUNTER MISC EA 2 2 0.01 0,01_ J "Subtotals 2 2 0.02 0.02 0.02 Shipped From: Nike Golf: Memphis Date Shipped: 03/17/2011 Order Type: Futures Order Direct Ship Factory PO Carrier: Federal Express Mode of Transport: Standard Incoterms: Free carrier Weight: 22.990;22.990; Bill of Lading Number: Pro number: Tracking Number: 217508277168327;21 Packing list Number: 13883532 Number of Cartons: 2 Special Label Instructions: Ship -to ID: 272920 Store ID 272920 Wholesale Amount Sales Net of Discount Freight Total 0.02 0.02 9.00 9.02 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 V2 er month will be charged on all past due invoices. Antici anon discounts are not allowed. No returns without prior authorization from Nike. Shortage claims must be made within 30 days of receipt. All collection ees and costs must be paid by purchaser. Detailed terms and conditions on reverse side of page I. 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 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 stated unless 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 ood sold on open account will be due and payable pursuant to the terms and conditions stated ocontained n NIKE'S invoice. The terms and conditions co 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 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 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 law, 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 attorney fees (including, without limitation at trial and on appeal) as NIKE may incur in any manner of collection of sums past due. Oregon law (without resort to its choice of law provisions) and the law of the Ninth Circuit will govern. Customer consents to the non- exclusivejunsdictmn of any venue in any state or federal located in the state 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 oFthe 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 fony -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. CANCELLATION: Any request for cancellation of an order for NIKE goods must be made through the Customer's 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 Ibnty -five (45) days prior to original CIS-1 r 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 canon count and condition. Any shortage in total carton count or evidence of damage to NIKE goods must be noted on the carrier's delivery receipt and reported to the carrier's local office. All claims must be Piled with the carrier within nine (9) months from the date of loss or damage. SHORTAGES IN UNOPENED CARTONS: All shortaees 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 nest 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 returned: sales are final. Merchandise found unacceptable for credit will not be returned unless Customer specifies and agrees to pay for its return. ALL RETURN FREIGHT CHARGES MUST BE PAID BY THE: CUSTOMER, unless NIKE authorizes the Customer to use RPS Called. RETURN TO STOCK POLICIES: NIKE shipping order or invoice number is required for return to stock claims. Return to stock requests for a NIKE shi�pppping 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 (l0%)_ 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 be 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 (S.50) per pair for footwear found defective; freight allowance for apparel found defective will be given at NIKE's sole discretion, upon receipt of a freight bill. Credit will be issued at the invoiced price net of Customer's discounts. If no invoice isprovided. 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. 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 any time in NIKE's sole discretion. RESTRICTION ON SALES/PURCHAES: Customer will not (a) sell NIKE goods other than to purchasers physically present at the store location(s) specified in Customer's Account Application; (b) sell or otherwise transfer or transship NIKE goods to another retailer, 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 pproducts on behalf of, or for the account of, any other party, or (e) solicit or take orders, or otherwise sell or offer to sell. NIKE products: (1) through the mail, (II) by catalog. (111) by telephone, or (IV) through any electronic means, including the World Wide Web, e -mail or other Internet channels. Customer is permitted 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 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, than date will be extended to the extent that delivery is delayed by reason of fire, flood. war, not, 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 NIKE GOLF i`� Customer Number: 272920 Invoice Number: 932183511 Nike Order Number: 845068487 Invoice Date: 03/17/2011 INVOICE Nike Delivery Number: 455732536 Terms: Net 60 Customer PO No: PERRY Terms begin as of: 03/17/2011 Ordered by: briar] Due Date: 05/16/2011 DUNS 05 -095 -7364 Ordered on: 03/16/2011 Currency: USD FEDERAL TAX ID 93- 124 -3023 Original Invoice Number: MAIL TO DELIVER GOODS TO 90301 MB 0.382 CITY OF CARMEL 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 BG0218 -401 NIKE M9 CART MiSC EA 1 1 102.00 -102:00- 1 02:00 "Subtotals 1 1 102.00 102.00 102.00 Shipped From: Nike Golf: Oxnard, CA Date Shipped: 03/17/2011 Order Type: At -Once Order Direct Ship Factory PO Carrier: Federal Express Mode of Transport: Standard Incoterms: Free carrier Weight: 11.000; Bill of Lading Number: Pro number: Tracking Number: 239838477161234; Packing list Number: 13881946 Number of Cartons: 1 Special Label Instructions: Ship -to ID: 272920 Store ID 272920 Wholesale Amount Sales Net of Discount Freight Total 102.00 102.00 8.00 110.00 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 I %z% per month will be charLIed on all past due invoices. Amicipanon discounts are not allowed. No returns without prior authorization from Nike. Shortage claims must be made witEin 30 days of receipt.' All collection fees and costs tnust 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 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 stated unless 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 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 of any other NIKE document, NIKE's invoice terns 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 raw, 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 attorney fees (including, without limitation at trial and on appeal) as NIKE may incur in any manner of collection o! uty sums past due. Oregon law (without resort to its choice of law provisions) and the law of the Ninth Circuit will govern. Customer consents to the non exclusive �unsdiction of any venue ui any state or federal located in the state 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 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 m who have Purchase Order requirements, no later than 0 days after the order deadline date. CANCELLATION: Any request for cancellation of an order for NIKE goods must be made through the Customer's NIKE Sales Representative. A request to cancel an order which has been entered into NiKE's order system must he made, in writing, at least 7' rty -five (45) days prior to original 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 count or evidence of damage to NIKE goods must be noted on the carrier's 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 UNOPENED 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 wilt 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 returned; sales are final. Merchandise found unacceptable for credit will not be returned unless Customer specifies and agrees to pay for its return. ALL RETURN FREIGHT CHARGES MUST BE PAID BY THE CUSTOMER, unless NIKE authorizes the Customer to use RPS Collect. 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 1/ restocking charge will be levied unless the return is due to a NIKE error. if the return is a result of a NIKE eerror, credit for freight will be issued upon receipt of freight bill, unless NIKE authorizes the Customer to use RPS Collect. Credit will be 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 (S.50) per pair for footwear found defective; freight allowance for apparel found defective will be given at NIKE's sole discretion, upon receipt of a freight bill. Credit will be issued at the invoiced price net of Customer's discounts. if no invoice isprovided. 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 wit] 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 Terns 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 anytime in NIKE's sole discretion. RESTRICTION 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 1fIKE goods to another retailer, e- railer, 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. anv other party. or (e) solicitor take orders, or otherwise sell or offer to sell, NIKE products: (1) through the mail, (1) by catalog, (III) by telephone, or (IV) through any electronic means. including the World Wide Web, e -mail or other Internet channels. Customer is permitted 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 auutorized. 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 (fate will he extended to the extent that delivery is delayed by reason of fire, flood, war, riot, strike, natural disaster, or any other eventbeyond 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. ALLOWED 20 Nike USA, Inc. IN SUM OF P.O. Box 847648 Dallas, TX 75284 -7648 $1,094.52 ON ACCOUNT OF APPROPRIATION FOR Brookshire Golf Club PO# 1 Dept. INVOICE NO. ACCT #!TITLE AMOUNT Board Members 1207 932160523 43- 560.07 $657.50 1 hereby certify that the attached invoice(s), or 1207 932183511 43- 560.07 $110.00 bill(s) is (are) true and correct and that the 1207 932183510 43- 560.07 $9.02 materials or services itemized thereon for 1207 932220158 43- 560.07 $234.00 1207 932220157 43- 560.07 $84.00 Which charge is made were ordered and received except Monday, March 28, 2011 Director, Brookshirkbolf 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)) 03/16/11 932160523 Balls $657.5 03/17/11 932183511 Bag $110.0 03/17/11 932183510 Ball Display $9.0 03/18/11 932220/58 Balls $234.0 03/18/11 932220157 Balls $84.0 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 N I KE G O LF Customer Number: 272920 Invoice Number; 932041448 Nike Order Number: 844891189 Invoice Date: 03/10/2011 I NVOICE Nike Delivery Number: 455438510 Terms: Net 30 Customer PO No: FTWR BIN Terms begin as of: 03/10/2011 Ordered by: josh email Due Date: 04/09/2011 DUNS 05- 095 -7364 Ordered on: 03/08/2011 Currency: USD FEDERAL TAX ID 93- 124 -3023 MAIL TO Original Invoice Number: DELIVER GOODS TO 89001 MB 0.382 CITY OF CARMEL Itl�tltllttlltttt�lltt�lltttlltttllt�ttll�lttlttl�lllt ,�tttlll 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 Pric e FXF001 -00 FOOTWEAR BIN MISC EA 1 1 0.01 0.01 0.01 "Subtotals 1 1 0.01 0.01 0.01 Shipped From: Nike Golf: Memphis Date Shipped: 03/10/2011 Order Type: At -Once Order Direct Ship Factory PO Carrier: Federal Express Mode of Transport: Standard Incoterms: Free carrier Weight: 53.000; Bill of Lading Number: Pro number: Tracking Number: 217508277006117; Packing list Number: 13858181 Number of Cartons: 1 Special Label Instructions: Ship -to ID: 272920 Store ID 272920 Wholesale Amount Sales Net of Discount Freight Total 0.01 0.01 4.50 4.51 All Nike USA. Inc. products are sold FCA (Free Caffier- Shippine Point) and payment terms are calculated from invoice (late unless specifically noted otherwise by Nike. A service charge of 1 1 /2% p er month will be charged all past due invoices. Anticipation discounts are not allowed. No returns without prior authorization from Nike. Shortage claims must be made within 30 days of receipt. All collection tees 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 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 stated unless 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 an invoice in Customer's account apphcation, in any NIKE sales order, in any NIKE order confirmation and in any NIKE disci 'e ancy 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 of anv 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 law, 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 attorney fees (including, without limitation at trial anc� on meal) as NIKE may incur in any manner of collection of`any sums past due. Oregon law (without resort to its choice of law provisions) and the law of the Ninth ircuit will govern. Customer Consents to the non exclusive jurisdiction of any venue in any state or federal located in the state 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 dale 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 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. CANCELLATION: Any request for cancellation of an order for NIKE goods must be made through the Customer's 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 Torty-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 count or evidence of damage to NIKE goods must be noted on the camer's 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 UNOPENED 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 1 an itemization of ali shoriagesloverages by product code, size, and quantity. Incomplete claims anti 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 returned: sales are final. Merchandise found unacceptable for credit will not be returned unless Customer specifies and agrees to pay for its return. ALL RETURN FREIGHT CHARGES MUST BE PAID BY THE CUSTOMER, unless NIKE authorizes the Customer to use RPS Collect. RETURN TO STOCK POLICIES: NIKE shipping order or invoice number is required for return to stock claims. Return to stock requests for a NIKE ship Tin- 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% 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 wilt be 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 (550) per pair for footwear found defective: freight allowance for apparel found defective will be given at NIKE's sole discretion. upon receipt of�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. 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 rhitty (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 Customers ability. if any. to purchase goods on credit or otherwise at any time in NIKE• sole discretion. RESTRICTION ON SAL.ESIPURCHAES: Customer will not (a) sell NIKE goods other than to purchasers physically present at the store location(s) sppecs tied in Customer's Account Application; (b) sell or otherwise transfer or transship NIKE goods to another retailer, e- tarter, distributor or broker. (c) purchase gefKE products from any source other than NIKE: (d) directly or indirectly set[ or offer to sell NIKE products on behalf of, or for the account of, an} other pparty, or (e) solicitor take orders, or otherwise sell or offer to sell. NIKE products: (1) through the mail. 1 1 by catalog. (IN) b) telephone, or (IV) through any electronic means• including the World Wide Web, c -mail or other Internet channels. Customer is ermitted 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 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 s��tt ecified, 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 NIKE GOLF Customer Number: 272920 Invoice Number: 932041447 Nike Order Number: 844922821 Invoice Date: 03/10/2011 INVOICE Nike Delivery Number: 455428682 Terms: Net 30 Customer PO No: NIKE DISPLAYS Terms begin as of: 03/10/2011 Ordered by: josh email Due Date: 04/09/2011 DUNS 05 -095 -7364 Ordered on 03/08/2011 Currency: USD FEDERAL TAX ID 93- 124 -3023 Original Invoice Number: MAIL TO DELIVER GOODS TO 89001 MB 0.382 CITY OF CARMEL 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 i Ordered Shipped Unit Price- Price i FXE014 -00 NARROW EQ TOWER -BA MISC EA 1 1 0.01 0.01 0.01 "Subtotals 1 1 0.01 0.01 0.01 FXG019 -00 SP11 NRW TWR GRAPH MISC EA 1 1 0.01 0.01 0.01 "'Subtotals 1 1 0.01 0.01 0.01 Shipped From: Nike Golf: Memphis Date Shipped: 03/10/2011 Order Type: At -Once Order Direct Ship Factory PO Carrier: Federal Express (Node of Transport: Standard Incoterms: Free carrier Weight: 132.010;0.860; Bill of Lading Number: Pro number: Tracking Number: 217508277003567;217508277003574; Packing list Number: 13858179 Number of Cartons: 2 Special Label Instructions: Ship -to ID: 272920 Store ID 272920 Wholesale Amount Sales Net of Discount Freight Total 0.02 0.02 4.51 4.53 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 I per month will be charge on all past due invoices. Anticipation discounts are not allowed. No returns without prior o authorization from Nike. Shortage claims must be made wit in 30 days of receipt. Al] collection Dees and costs must be paid by purchaser. Detailed terms and conditions on reverse side of page I. 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 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 stated unless 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 discrepp•mcy letter take precedence over an terms and conditions set forth in Customer's purchase order or other similar document and to the. extent the terms in any NlfCE 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 0 1c) PER MONTH or the maximum rate permitted by law, 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 attorney fees (including, without limitation at trial and on appeal) as NIKE may incur in any manner of collection orany sums past due. Oregon 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 any venue in an state or federal located in the state 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 o1 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 systern 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. CANCELLATION: Any request for cancellation of an order for NIKE _oods must be made through the Customer's 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 carton count and condition. Any shortage in total carton count or evidence of damage to NIKE goods must be noted on the carrier's 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 UNOPENED 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. Incompleie 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 clai n 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 tc stock items must be authorized and returned separately. Items sold as irregulars, seconds or B- grades may not be returned: sales are final. Merchandise found. unacceptable for credit will not be returned unless Customer specifics and agrees to pay for its return. ALL RETURN FREIGHT CHARGES MUST BE PAID BY THE CUSTOMER, unless NIKE authorizes the Customer to use RPS C071eCt. 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 thing (30) days of the invoice date. Merchandise must be returned in the sat e salable condition as received. A ten percent (10 °Iv) restocking charge will be levied unless the return is due to a NIKI- error. If the return is a result of a NIKE error, credit for freight will be issued upon receipt of freight bite, unless NIKE authorizes the Customer to use RPS Collect_ Credit will be 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 (S.50) per pair for footwear found defective: freight allowance for apparel found defective will be given at NIKE's sole discretion, upon receipt o a freight bill. Credit will be issued at the invoiced price net of Customer's 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. 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 Cusiomer notifies NIKE in writing within thing (30) days al`icr 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 inimcdiaiely terminate Customer's ability, if any, to purchase goods on credit or otherwise at any time in NIKE's sole discretion. RESTRICTION ON SALESIPURCHAES: Customer will not (a) sell NIKE goods other than to purchasers physically present at the store locations) specified in Customer's Account Application: (b) sell or otherwise transfer or transship N5KE goods to another retailer, e- taller, 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 party, or (e) solicitor take orders. or otherwise sell or offer to sell. NIKE products 1) through the mail. (II) by catalog, (Ill) by telephone, or (IV) through any electronic means. includinL the World Wide Web, e -mail or other Internet channels. Customer is permitted to advertise NIKE produces 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 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 sppecified, that date will be extended to the extent that delivery is delayed by reason of fire, flood. war, riot, strike, natural disaster, or any ocher event beyond N1KE'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. ALLOWED 20 Nike USA, Inc. IN SUM OF P.O. Box 847648 Dallas, TX 75284 -7648 $9.04 ON ACCOUNT OF APPROPRIATION FOR Brookshire Golf Club PO# Dept. INVOICE NO. ACCT /TITLE AMOUNT Board Members 1207 932041447 42- 390.99 $4.53 1 hereby certify that the attached invoice(s), or 1207 932041448 42- 390.99 $4.51 bills) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except Monday, March 14, 2011 Director, Brooks ire 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)) 03/10/11 932041447 Display $4.5 03/10/11 932041448 Display $4.5 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 NIKEGOLF v Customer Number: 272920 Invoice Number: 932240711 r Nike Order Number: 844462366 Invoice Date: 03/21/2011 INVOICE Nike Delivery Number: 455082511 Terms: Net 120 Customer PO No: GLOVE Terms begin as of: 03/21/2011 Ordered by: Scott Lentz Due Date: 07/19/2011 DUNS 05- 095 -7364 Ordered on: 02/24/2011 Currency: USD FEDERAL TAX ID 93- 124 -3023 Original Invoice Number; MAIL TO DELIVER GOODS TO 923 01 MB 0.382 CITY OF CARMEL Itlt III III IIInuIIIIIi Hill 11n111tr ,t1111tt11111111r,uttI11 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 I Quantity Quantity Wholesale Net Unit Total Product Code Ordered Shipped Unit Price Price GG0371 -001 DURA FEEL VI REG M EA 6 6 5.50 5.50 33.00 ML EA 6 6 5.50 5.50 33.00 L EA 6 6 5.50 5.50 33.00 XL EA 6 6 5.50 5.50 33.00 "Subtotals 24 24 132.00 132.00 132.00 GG0371 -101 DURA FEEL VI REG S EA 6 6 5.50 5.50 33.00 M EA 12 12 5.50 5.50 66.00 ML EA 24 24 5.50 5.50 132.00 L EA 24 24 5.50 5.50 132.00 XL EA 12 12 5.50 5.50 66.00 XXL EA 6 6 5.50 5.50 33.00 "Subtotals 84 84 462.00 462.00 462.00 GG0372 -101 DURA FEEL VI CAD S EA 6 6 5.50 5.50 33.00 M EA 12 12 5.50 5.50 66.00 ML EA 12 12 5.50 5.50 66.00 L EA 12 12 5.50 5.50 66.00 XL EA 12 12 5.50 5.50 66.00 "Subtotals 54 54 297.00 297.00 297.00 Shipped From: Nike Golf: Memphis Date Shipped: 03/21/2011 Order Type: Futures Order Direct Ship Factory PO Carrier: Federal Express Mode of Transport: Standard Incoterms: Free carrier Weight: 23.500; Bill of Lading Number: Pro number: Tracking Number: 217508277229431; Packing list Number: 13832527 Number of Cartons: 1 Special Label Instructions: Ship -to ID: 272920 Store ID 272920 Wholesale Amount Sales Net of Discount Freight Total 891.00 891.00 11.99 902.99 All Nike LISA, 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 %2% er month will be charged all past due invoices. Anticipation discounts are not allowed. No returns without prior o authorization from Nike. Shortage claims must be made within 30 days of receipt. All collection tees 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 arc 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 t 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. 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 NM 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 conflicrwith 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 law, 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 attorney fees (including, without limitation at trial and on appeal) as NIKE may incur in any manner of collection of any sums past due. Oregon law (without resort to its choice of law provisions) and the law of the Ninth Circuit will govern' consents to the non-exclusive ,lurtsdiction oFany venue in any state or federal located in the state of Oregon. This means that NIKE can file suit against Customer in any court located within the state of Oregon. Any action f breach of contract must be commenced within one year from the date of delivery of the goods. BACK ORDERS: Unless otherwise a 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 umil 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 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. CANCELLATION: Any request for cancellation of an order for NIKE goods must be made through the Customer's 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 carton count and condition. Any shortage in total canton count or evidence of damage to NIKE goods must be noted on the tamer's 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 UNOPENED 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 1 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 he authorized and returned separately. Defective and return to stuck items must be authorized and returned separately. Items sold as irregulars. seconds or B- grades may not be returned: sales are final. Merchandise found unacceptable for credit will not be returned unless Customer specifies and agrees to pay for its return. ALL RETURN FREIGHT CHARGES MUST BE PAID BY THE CUSTOMER. unless NIKE authorizes the Customer to use RPS Collect. RETURN TO STOCK POLICIES: NIKE shippping 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 (1 ff 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 be 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 In given at fifty cents ($.50) per pair for footwear found defective: freight allowance for apparel found defective will be given at NIKE's sole discretion, upon receipt of a freight bill. Credit will be issued at the invoiced price net of Customer's 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. 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 any time in NIKE's sole discretion. RESTRIC'T'ION ON SALESIPURCHAES: Customer will not (a) sell NIKE goods other than to purchasers physically present at the store location(s) specified in Customer's Account Application; (b) sell or otherwise transfer or transship NIKE goods to another retailer, e- tailer, distributor or broker; (c) purchase NIKE products from an 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 party, or (e) solicit or take oilers, or otherwise self or offer to sell, NIKE products: (1) through the mail, (11) by catalog, (IIi) by telephone, or (IV) through any electronic means, including the World Wide Web, e -mail or other Internet channels. Customer is permtted 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 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 sppedified, 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 KE'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. ALLOWED 20 Nike USA, Inc. IN SUM OF P.O. Box 847648 Dallas, TX 75284 -7648 $902.99 ON ACCOUNT OF APPROPRIATION FOR Brookshire Golf Club PO Dept. INVOICE NO. ACCT #!TITLE AMOUNT Board Members 1207 932240711 43- 560.06 $902.99 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, March 28, 2011 j Director, BrooksA Golf Club Title Cost distribution ledger classification if claim paid motor vehicle highway fund fi 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)) 03/21/11 932240711 Soft Goods $902.9 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 r