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162247 08/07/2008 CITY OF CARMEL, INDIANA VENDOR: 361185 Page 1 of 1 ONE CIVIC SQUARE ADAMS GOLF LTD CHECK AMOUNT: $371.53 CARMEL, INDIANA 46032 P O BOX 457897 TtiN�o DALLAS TX 75395 -1897 CHECK NUMBER: 162247 CHECK DATE: 8/712008 DEP ARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1150 4356007 91031744 371.53 GOLF HARDGOODS INVOICE 91031744 ADAMSG0LF Please Remit To: Invoice Date: July 3,2008 Payment Terms: Net 30 Adams Golf LTD Due Date: August 2,2008 -tPO BOX 951897 AMOUNT DUE: 371.53 USD Dallas, TX 75395 -1897 Amount Remitted: Sales Rep: Jeff Saldutti Customer No: 1033808 Ship To: 1033808 Brookshire Golf Club Brookshire Golf Club Chip Cragin 12120 Brookshire Golf Club 12120 Brookshire Golf Club Carmel IN 46033 Carmel IN 46033 United States United States Please return this portion with your payment. PO: MELISSA ORDER C00086094 Original Line Description Quantity UOM Unit Amt Ext Amt Net Amount 1 Womens A30S 8pc Iron Set RH 1.00 EA 361.97 361.97 361.97 274199150 2 Freight 1.00 EA 9.56 9.56 9.56 FREIGHT Subtotal: 371.53 Prices include all applicable discounts AMOUNT DUE: 371.53 �v We accept VISA, MASTERCARD, DISCOVER, AMERICAN EXPRESS and Checks by phone. Invoice No. 91031744 2801 EAST PLANO PKWY PLANO TX 75074 PH. 972 -673 -9000 800 -022 -0609 Page: 1 of 1 Terms and Conditions of Sale r Adams has developed the terms and conditions of sale icr foster a mutually beneficial relationship between Adam; and its purchaser (the "Buyer -\If ,ales by Adams to Buyer are based on individual purchase orders subject to the following terms and conditions, and those contained on the face here( I. 'rerms of payment. Net cash 30 days, except its otherwise specifically provided by Adarns Golf in writing All hills will he dated the day ul' shipment. Prices arc Subject to c•h :ang e without notice and order calling for future delivery will be billed according_ to the price in effect at the limo of shipment. 2. Shipment. All prices are P.O.B. our facility, Plano. Texas, except as otherwise specifically provided by Adams Golf in writing. iAlcthod and route of shipment are at cur discretion, unless Buyer supplies explicit instructions. All shipment; are insured at Buyer's expense and made at Buyer', rick. Identification of the goods to the contract shall occur as each shipment is placed in the hands of the carrier. All order:, i e accepted with the under :,ianding that they are Subject to Adams' current manufacturing schedules. Taxes. Prices auc exclusive of all local, ,tat and federal laze,. including, without limitations, taxes on manufacture, sales. iece;pts, use and similar tarns. Wherevar applicable. and tax or taxes will he added to the invoice a, a separate charge to be paid by the 13,ocr. Deliveries; Delays. Adana will not be liable for any delay in the performance of orders or in the delixcry or �hipmcnt of products. or lie any daniag,a .ul'fered bt Buyer b� rea,on of such delay, if such delay is, directly ur indirectly caused by. or in any manner arises fluor, flies, floods, acciclenis, civil unrest, acts oC God, war. gvvernnr::ntal int•�rference or embrrgocs, suikcs. labia difficulties, shortage of labor. tine I, power, materials or supplic,, transportation delays, or any other cau,;e or causes (whether or not iirnilar in nature to any of these herein before specified) beyond its control. Adams shall have the additional right, in the event of the happening of any of the above contingencies, at its option. ur cancel this contact or any pmt thereof without any resulting liability. Shipments made within '_fl clays after specified dare of delivery shall con,tittne a good delivery. Any delivery not in dispute shall be paid for rcg: unless of ulher controversies relating to other delivered or undelivered products. J. Claims; Limited Warranty. Claims for defective 1roducts, shortages, delays. o, failures in shipment of delivery, or for mry other cause, shall he deemed waived and released by Buyer, unless made in writing within ten days after arrival of the products. We guarantee to replace it, at our option, repair any products that are pound detective in material or workmanship within one vote front date of shipment. Our obligation with respect to such products shalt be limited to replacement or repair F.O.B. Plano. Texas. and in no cVent shall we he liable for consequential or special damages, or for transportation, adjustment, of other expenses that may arise in connection with such products. THIS LIMITED WARRANTY IS EXPRESSLY 14ADE IN LIEU OF AN1 AND ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE NVARRAN'rIES OF MERCELAN'1 ABI AND FITNESS OF THE PRODUCTS FOR ANY PARTICULAR USE OR PURPOSE, AND ADAMS SHALL NOT BE LIABLE: FOR ANY LOSS OR DAMAGE, DIRECTLY OR INDIRECTLY, ARISING FRONI THE' USE OF SUCH PRODU OR FOR CONSEQUENTIAL DAMAGFsS (i. Return Police. Returns will be accepted only y° in the case of overslripnrents, misshipments and defective products. Defective products 111a\ he returned only under the terms set forth in pa r agraph S above. 7. Adams' right of possession. Adams shall have the right, in addition to all others it may possess, at any time, for credit reasons iu because of Buyer's default or defaults• to withhold shipments, in whole or in part, and to recall goods in transit, retake: same, and repossess all goods which may be stored x rilh Adams for Buyer's account, without the necessity of taking any other proceedings. and BuV.CI_ consents that all the merchancli,e so recalled, retaken, or repossessed shall become Adams' ahsolute property, provided that Buyer is given full credit therefor. The foregoing shall not be cirnsirucd as limiting. in any manner. any of the rights or remedies available tic Adams beCaUSe cif any default of Buyer under the Unilbrm Commercial Code as in force and effect in the State of Texas. R. Seyerability. If any provision of this Agreement shall be declared illegal, invalid, void or rmen('��rceahle hV am judicial ur administrative authority. the validity oi any other provision a of the entire Agreement shall not be affected. 9. Arbitration..An\ conlrovers). or claim arising out of or relating to this order or the performance of breach thereof ,shall be settled by arbitration in Plano. Texas in accordance with the rules and procedures then obtaining of the American Arbitration Association. Ill. Assignment. The right granted the Buyer hereunder shall be used only by it and shall not, without prim written consent of Adams Golf. be bansfcrrcd or assigned to any other; provided however, this Agreement shall inure to the benefit of the successor of .Adams Golf by merger, consolidation. business combination or sale of substantiallx all of Adams Golfs assets. 11. Entire Agreement. This writing con,tiluies the entire agreement between the parties hereto and may not he Changed or mortified except by writing signed by the party or partic., to be charged. Run Dt: 07/03/2008 Run Tm: 11:39:05 A A A MSG OL F 'M 800 575 -7258 (Order Number: C00086094 IShip Via: 5 CUSTOM Page: 1 r 972 673- 90001FAX 972 398 -7970 FOB: IShip ID: 0000060580 1 2800 Technology Dr., #100 Plano, Texas 75074 icustomer P0: MELISSA lCustomer NO: 1033808 1 Request Ship Date: JUL 01 2008 1 Carrier ID: UPSGRDCOM Ship To. Brookshire Golf Club 12120 Brookshire Golf Club Carmel IN 46033 United States Line -Sched Product Number Actual UOM Qty Qty Qty Product Kit Item Description Ship Date Ordered Shipped Backorder Description 1 -1 274199150 07/03/2008 EA 1 1 Womens A30S 8pc Iron Set RH *BACKORDERED ITEMS (IF ANY) LISTED BELOW Total Packages: Picked By: Packed By: RE'T'URN AND WARRANTY POLICIES AND PROCEDURES c Returns will be accepted only in the case of over shipments, mis- shipments or defective products. Claims for defective products, shortages. delays or failures in shipment or delivery, or for any other cause, shall be deemed waived and released by the Buyer, unless made in writing within ten days after arrival of the Products. W'e guarantee to replace or, at the Company's option, repair, any products that are found defective in material or workmanship within one year fi-orn the date of shipment. Our obligation with respect to such products shall be limited to replacement or repair I Plano, Texas, and in no event shall the Company be liable for consequential or special damages, or for transportation, adjustment, or other expenses which may arise in connection with such products. THIS WARRANTY IS EXPRESSLY MADE IN L I E U OF ANY AND ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDIN(} THE WARRANTIES OF MERCHANTABILITY AND FITNESS OF THE PRODUCTS FOR ANY l'ARTiC'ULAR USE OR PURPOSE AND THE COMR4NY SHAL NOT BF LIABLE FOR ANY LOSS OR D DIRECTLY OR [INDIRECTLY. ARISING FROM THL USE OF S UCII PRODUCTS OR THE CONSEQUENTIAL DAMAGES. Under no circumstances will products returned to Adams Golf, Inc. "the Company be accepted unless the following procedures and authorizations are met. o All products must be returned in the manner that they were originally shipped (i.e., re- packed in the original box including headcovers and any packing materials). For a returned new product which has been improperly packed by the customer and subsequently damaged in transit. the custeMer Will be credited at the price of a refurbished product rather than at the full price. a Prior to return, the customer must contact the Company and obtain a Returned Materials Autliorization Number "RAAA All retail customers must contiict a sales/service representative by calling 1 -500- 575 -7258 to receive a valid RMA Number. u "1h RI'.IA Number 1111ust be written iii bold (at least 2 incur lettering,) 911 the outside of the box ;'rrinr !o returning ttrr product to tlhe C!,mpally. All rt for Direct and Retail 0_18tomers should be shipped to the following address: Adams Golf, Inc. 28001echnology Ur., #1.00 Piano, Texas 75074 Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by ,,whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee �5 6,0 /j C /D Purchase Order No. 2522 Terms 5 �x S 1535 y� Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) V 371 Total 3 7 S 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 VOUCHER NO. WARRANT NO. ALLOWED 20 IN SUM OF 3 7/ 3 ON ACCOUNT OF APPROPRIATION FOR Board Members PO# or INVOICE NO. ACCT #!TITLE AMOUNT DEPT. 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 20 ign Cost distribution ledger classification if Title claim paid motor vehicle highway fund