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155228 01/10/2008 CITY OF CARMEL INDIANA VENDOR: 359348 Page 1 of 1 ONE CIVIC SQUARE CALLAWAY GOLF COMPANY s 3 1' CHECK AMOUNT: $44.50 CARMEL., INDIANA 48032 Po Box 9002 CARLSBAD CA 92018 -9002 CHECK NUMBER: 155228 CHECK DATE: 1110/2008 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 905 4356007 914121833 44.50 GOLF HARDGOODS "r� DR. DAVID BROWN ATTN: REQUINA COOPER GOLF 2627 NE 203RD ST STE 103 AVENTURA FL 33180 -1945 ODYSSEY° crlvss� ;NOQt7isG� 550 CITY OF CARMEL BROOKSHIRE GOLF CLUB irE 12120 BROOKSHIRE PKWY CARMEL IN 46033 -3314 INVOICE NO. 1'G. INVOICE DATE DATE OF ORDER CUSTOMER P.O. NO. nnnno 914121833 1 11/30/07 11/29/07 Requ i na l J I 1 CUSTOMER NO, SLSMN. ORDER NO. TERMS SHIP VIA 15546 579 27969716 Net Due 60 days UPS GROUND /STANDARD Paul DESCRIPTION DELIVERY NO 807091499 10 5108004 BG CG STN WB NOT ORG 08 1 i 75.0 0.5 37.50 37,50 TRACKING NO 1Z53E57VO368074657 R 7 •t' nil z x.. c k' .,_lam �r� 1;,��`� a .S 1. r All safes are F.O.B. origin. Return authorization required SUB TOTAL 37.50 All U.S. Sales made by and shipped by Callaway Golf Sales Company. fRT CHARGE 7.00 FORM 800268 REV. 10107 TOTAL DUE 44.50 NOTICE TO CUSTOMERS ICE: CALLAWAY GOLF'S SALES POLICY Cusu�trter purchases the products on this invoice with knowledge of Callaway Golf Company's Sales Policy. Specifically, Customer acknowledges that: a) Callaway Golf reserves the right to refuse to cto business with anyone for any lawful reason including, but not limited to, those who fail to pay invoices when due. sell the Company's products from unauthorized locations includin"I unauthorized internet locations). or violate any other policy of' the Company. b) All dealings are on an order -by -order basis. No order is accepted until product ships. c) Callaway Golf has valuable intellectual property rights and chooses not to do business with those who infringe upon those rights, or aid, abet or assist olhers, directly or indirectly, in infringing upon those rights. (1) Cal.laway Gulf chooses not LO dig business with those whose sales practices violate the law, deceive or are othe unfair trade practices. The C'o €ripany chooses not to do business with those who disparage its products or fail to fully promote them. e) Callaway Goll' chooses not to do business with those that advertise specific prices for t:he Company's products. Pre approved catalogs and point of purchase advertising are not included. f) Point of purchase displays belong to Callaway Golf and must be surrendered upon request. This Sales Policy applies to all of Callaway Golf's products, and Callaway Golf reserves the right to change this Sales Policy at any tittle. ]t) Customer COnsenis to the sole and exclusive jurisdiction of the fcdcrat and state court San Diego, California, for any suit. action or proceeding arising front the sate or purchase of Golf's products. 1) Callaway Golf chooses not to do business with those that resell its products for export outside the continental United States_ Callaway Golf also chooses not to do business with those that Sell to persons other than retail customers. By accepting delivery ol'tte products .shown on this invoice, Customer understands that it is prohibited from selling such products for resale outside the continental United States and will not sell such products without approval from Callaway Golf to persons other than retail customers or from locations other than those to which they were shipped. j) Consent to telephone monitoring: To ensure that it provides the highest level of service, Callaway Golf may monitor anti record customer telephone calls. Galling Callaway Golf constitutes Customer's consent to monitoring and recording. If Customer dates not want a call monitored and recorded, please inform the representative who answers the gall. k) Credits on account will be applied in accordance with policies determined by Callaway Golf's credit department. Please contact the credit cepartment for information about the policy or to ask any questions ahottt` how it is applied. I) Cu.ctornerlrrtrrhasitrt product fi Prom sales tax and rrrakin( a taxable tese of )rnc(erc't7t e.'tnz�htn�lxrse other thcut retention, denronsrration, or dr s�)Igv nhile lwldinkylor safe in the re rdar coarse of business) is responsible far the returrthig aridimi ref oftax clue direct to the proper tam min m ahorhe when stWe lane NO provides inform Callawav Golf ul'the desire for added tar billing. For exmnt71e, product purchased for personal use fur use as rental chrb'smck or drop shijrped to a consuruer in the Wire o' California is considered iox able. Any questions concernnig sbl tax shrmld he directed to the Callaway Goll'Tax De partment. m) Cu.slotncr acknowledges and aEgrees that (i) Callaway Golf Company's shipping terms are F.U.B. Shipping Point and legal title and risk of loss transfers to the Customer upon delivery by Callaway Golf Company o'f tlic purchased products to the carrier. (ii) Callaway Golf Company (as C usi nict's agent) has obtained transit insurance on behalf of the Customer listing the Customer as an iasure;d party. (iii) in the event of a iransit loss, the Customer authorires Callaway Golf Company (as Customer's argent) to assist in negotiating and processing any such clainis wills the insurance conhpany on the Customer's behalf, and apply proceeds from any such claim to the Customer's accounts receivable account and (iv) the Customer is fully responsible for alf amounts related to purchased products regardless of the amount of available insurance proceeds, if any. n) Delivery refusals are subject to a 10% processing fee. All returns are at the sole discretion of Callaway Golf and are subject to its policy on returns which is incorporated herein by reference. II'you want a copy. please call customer service. o) Callaway Golf will not accept rctm of custom logo product unless defective in material or workmanship. In the normal course Of production. Callaway GolFinay produce custom loco products in excess of the quantity ordered by the Customer. Customer Grants Callaway Golf the right to sell to other customers and in the Callaway Gulf Conhpany Store any excess cusCOrn logo products bearing the Customer's trademarked or copyrighted logo. p) Callaway Got f Ball Operations, Irrc. "Agent'') is a disclosed agent of Callaway GolfConhpany. Under the agency agrecmcnt now in effect, Agent does not bear right or title to finished goods held in its possession held out for sale by Callaway Golf Company or its affiliates. Agent is not die seller or shipper oP record for goods listed on the invoice. q) The account balance is due and payable at the date of business closure or sale of the business. 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 359348 Purchase Order No. Callaway Golf Co P O Box 9002 Terms Carlsbad CA 92018 -9002 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) QC/; 5 Total 5_ 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 VOUCHER NO. WARRANT NO. ALLOWED 20 359348 IN SUM OF Callaway Golf Co P O Box 9002 Carlsbad CA 92018 -9002 V s ON ACCOUNT OF APPROPRIATION FOR Board Members Po# or INVOICE NO. ACCT #/TITLE AMOUNT DEPT. I 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 2008 Signatu Cost distribution ledger classification if Title claim paid motor vehicle highway fund