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158182 04/01/2008 CITY OF CARMEL, INDIANA VENDOR: 359355 Page 1 of 1 1 ONE CIVIC SQUARE WITTEK CARMEL, INDIANA 45032 3865 COMMERCIAL AVE CHECK AMOUNT: $173.18 r to NORTHBROOK IL 60062 CHECK NUMBER: 158182 CHECK DATE: 41112008 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 905 4239099 194499 71.90 OTHER MISCELLANOUS 905 .4239099 194528 101.28 OTHER MISCELLANOUS i i INVOICE NUMBER 194499 �E]UEEff DATE 03-17-08 Committed To Serving The Game. PAGE NO 1 3865 COMMERCIAL AVENUE NORTHBROOK, IL 60062 HONE: 847 943 2399 1- 800 869 -1800 FAX: 847 412 -9591 WEBSITE: wiriekgolf.com SO NBR. H52714 r CUSTOMER NO: 527228 SOTO S CITY OF CARMEL S HIP O CITY OF CARMEL DBA BROOKSHIRE GOLF COURSE DBA BROOKSHIRE GOLF COURSE 12120 BROOKSHIRE PKWY 12120 BROOKSHIRE PKWY CARMEL, IN 46033 CARMEL, IN 46033 CUSTOMER ORDER NO. SALESMAN OFFICE CODE DATE SHIPPED VIA PCs. TERMS KEN PS— RICHARDS 01 -26A 03 -14 -08 UPS 2% 10 N 30 �QTY. ORDERED OTY.JSHIPPED� B10 PRODUCT NO. DESCRIPTION PRICE AMOUNT' 2 SET 2 10700 PROXIMITY MARKER SET 31.500 63.00 759922 WE'VE MOVED 3865 COMMERCIAL AVE. NORTHBROOK, IL 60062 0� 03 -24 -08 A11:12 IN Our list of rieferences starts here! 1f ttek is tale exclusive Range Equipfflept Supplier to— PGA t Leanning tee 0 PGA Go If C lub' av SUBTOTAL DISCOUNT TAX SHIPPING TOTAL PAYMENT RECD. AMOUNT 63.00 0.0 0.Y 0.00 8.90 71.90 71.90 A SERVICE CHARGE OF 1.5% PER MONTH (ANNUAL RATE SEE TERMS CONDITIONS 18 WILL BE ADDED TO INVOICES UNPAID AFTER 30 DAYS ON REVERSE SIDE DAMAGE AND SHORTAGE CLAIMS SHOULD BE MADE TO TRANSPORTATION COMPANY. NO MERCHANDISE ON THIS INVOICE IS RETURNABLE UNLESS CLAIM IS MADE WITHIN 30 DAYS AND ONLY THEN WITH OUR WRITTEN CONSENT. NO PRIVATE BRANDED GOODS MAY BE RETURNED AT ANY TIME. i I j L GENERAL TERMS AND CONDITIONS OF SALE 1. PRICE. The prices and thoseiin effect on the date of shipment. Stenographic and clerical errors are subject to correction. 2. PAYMENT. 1 'Goods are sold'ona net basis, in the event that payment is not made as provided on the face hereof, Buyer agrees to pay a late fee computed at the rate of i8% agnum,_or 1.10A per month on any amounts not paid when due. Notwithstanding such terms of payment, if at any time Seller in good faith deems itself insecure for any reason whatsoever it may be charged ih6 Buyer's account. The status of all Seller's accounts receivable are reported to collection bureaus. 3. TAXES. In addition to the price provided herein, Buyer shall pay Seiler the amount of any sales, use or other taxes now or hereafter imposedby anilderal, state or local taxing authority upon or with respect to the sale, purchase or delivery of the goods. If state tax audits require us to pay sales or use tax in connection with the transaction, the Buyer will be required to reimburse us the full amount of such taxes'paid plus any interest amount.) _i. 4. SHIPMENT, Buyer is responsible for all freight charge �nlesa�otherwise specified. Seller reserves the right to designate the routing on all shipments. Seller will attempt to kjogor but 11(not guarantee requested shipping or delivery dates. All shipments vnif be O.O.B. SHIPPING T POINT unless otherwise designated. t 5. RISK OF LOSS. Risk of loss for the goods shall pass to Buyer upon delivery by Seller to a common or private carrier for shipment to Buyer. 6. LIMITED WARRANTY TO BUYER. Seller warrants that at the time of shipment and for warranty period set forth by Seller, the goods will be free of defects in material and workmanship. This warranty does not apply to any goods which have been neglected, altered, abused, used for a purpose other than the one for which they were manufactured, repaired by Buyer or any other person without Seller's written authorization, or used in any manner inconsistent with Seller's oral or writlen,instructions. Buyer assumes liability for patent and, copyrightanfringeyy�ng�ntwhen goons are made to,Byyer's specifications. This warranty does not cover any components of the goods not manufactured by Seller, but Seller hereby assigns to Buyer any manufacturer's Chanties applicable thereto. Seller's warranties shall not be enlarged, or in any other way affected by, and no obligation or liability shall arise or grow out of, Seller's rendering of technical advice or service in connection with Buyer's order of goods. No representative of Seller or other person handling the goods is authorized to modify this Section or to use any warranty regarding the goods. 7. EXCLUSIVE-REMbY FOR BREACH OF WARRANTY. `r 1: 'Al N I r r F; 1 I SELLER'S ENTIRE OBLIGATION UNDER THIS WARRANTY SHALL BE LIMITED (AT SELLER'S OPTION) TO REPAIR OR REPLACEMENT OF ANY GOODS WHICH PROVE TO BE DEFECTIVE WITHIN THE WARRANTY PERIOD, OR, AT SELLER'S OPTION, ISSUANCE OF A CREDIT OR REFUND OF THE PURCHASE PRICE WITH RESPECT THERETO. BUYER SHALL BE ENTITLED TO A REMEDY HEREUNDER ONLY IF IT NOTIFIES SELLER IN WRITING OF THE ALLEGED BREACH OF WARRANTY BEFORE THE EXPIRATION OF THE WARRANTY AND WITHIN TEN DAYS AFTER THE EARLIER OF THE DATE OF DISCOVERY SHOULD HAVE BEEN MADE IN THE EXERCISE OF REASONABLE DILIGENCE. 8, DISCLAIMER: LIMITATION OF REMEDY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SELLER.MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS SOLD HEREUNDER, WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPb5it OR ANY OTHER MATTER. SELLER SHALL HAVE NO LIABILITY TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY DESCRIPTON, WHETHER ARISiNGOUf OPWARRANTY OR OTHER CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE. THE PARTIES EXPRESSLY AGREE THAT THE LIMITATIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SHALL SURVIVE THE DETERMINATION OF ANY COURT OF COMPETENT JURISDICTION THAT ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE, 9. AGENT'S AUTHORITY. Buyer understands and agrees that no agent, employee or representative of Seller has authority to bind Seller to any afftrmation, representation or warranty concerning the goods which is not set forth herein, and Buyer further understands and agrees that any such affirmation of fact, promise or representation made byahy, agent, Qmployee or representative of which is not set forth herein shall not constitute a warranty. 10. FORCE MAJEURE: ALLOCATION. Failure of Seller to make all or any part of any shipment hereunder, if such failure is due to acts of God, war labor difficulties, breakdown or, damage to the plant facilities of Seller or Buyer's receiving facilities, embargoes, shortages of any raw materials or energy at reasonable prices or from regular sources or on account of shortages thereof, delays or failure of any supplier to deliver, shortages of transportation equipment, compliance with any law or regulation or order of any public authority and any other cause either similar or dissimilar beyond the control of the Seller, shall not subject Seller to any liability to the Buyer, and in such event, at the request of Seller, the total quantity of goods to be shipped will not be reduced by the quantity not shipped due to such causes. Should Seller at any time be unable, due to any of th(I afl)resaid fartsds, �oluppty irs ovwa{� a11, -0tip customers' requirements (including customers not under supply contract) of any goods sold hereunder, Seiler will allocate Its available supply of such goods to its customers onsuc�ti terfns as it rij deem advisable and in such event Seller shall not be liable to Buyer for failure to ship Buyer the full quantity of the goods contracted for and the balance of any such order will be cancelled. 11. TITLE RETENTION. Seller retains title on ail merchandise until paid in full. 12. CLAIMS. All orders are carefully packaged for safe shipment. If you receive a broken or damaged package, contact the carrier immediately to file a claim. Notify Seiler within five days of receipt of goods if there is a discrepancy with your order. 13. RETURNS. Buyer may only return merchandise with Seller's written authorization. Upon consent, merchandise must be returned within 30 days of receipt, freight prepaid. All return items are subject to inspection before credit is authorized. There is a 15% restocking fee for all returned merchandise. Credits will be applied to Buyer's account, only. Personalized and custom -made items may not be returned. 14. CHANGES AND CANCELLATION. Orders accepted by the Seller are not subject to change, except with the Seller's consent. 15. ENTIRE CONTRACT. These terms and conditions constitute the entire contract between Buyer and Seller, transcending any oral arrangements or representations which may be inconsistent therewith. 16. NON- WAIVER. Waiver by either Seller or Buyer of a breach or provision hereof shall not be deemed a waiver of future compliance therewith and such provision shall remain in full force and effect. 17. APPLICABLE LAW. This agreement shall be construed and the rights and obligations of the parties hereto shall be governed by the lam of the State of Illinois. 18. EQUAL EMPLOYMENT OPPORTUNITY POLICY. The Seller affirms its policy of providing Equal Opportunity to all employeeV dnq applicants for employment In accordance with all applicable Equal Employment Opportunity /Affirmative Action Laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof. INVOICE NUMBER 194528 l. ]U EN DATE 03 -17 -08 Co mmitted To Se rving III Thh e G ame. PAGE NO 1 3865 COMMERCIAL AVENUE NORTHBROOK, IL 60062 ?HONE:847- 943 2399.1- 800 869 -1800 SO NBR H52713 FAX: 847 412 -9591 WEBSITE: wittekgolf.com .r CUSTOMER NO: 527228 SOLO CITY OF CARMEL S HIP TO CITY OF CARMEL DBA BROOKSHIRE GOLF COURSE DBA BROOKSHIRE GOLF COURSE 12120 BROOKSHIRE PKWY 12120 BROOKSHIRE PKWY CARMEL, IN 46033 CARMEL, IN 46033 CUSTOMER ORDER NO.. :SALESMAN OFFICE CODE DATE SHIPPED VIA PCs. TERMS j KEN PS— RICHARDS 01 -26A 03 -17 -08 UPS 2% 10 N 30 QTY. ORDERED QTY.'SHIPPED B/O PRODUCT NO. DESCRIPTION PRICE AMOUNT' 1 SET 1 62958 16" NON —SLIP STEEL HANGER 90.00c 90.00 BAL OF ORDER DROP SHIPPED WE'VE MOVED 3865 COMMERCIAL AVE. NORTHBROOK, IL 60062 ©v� D� 03 -2 4 -08 A11:12 I N Our list of references starts here! Vhttek 1s the exclusive Rapqs Equipirent Supplier to... tk PGA Golf Clu SUBTOTAL DISCOUNT TAX SHIPPING TOTAL PAYMENT REC'D. AMOUNT 90.00 0.0 0.x' 0.0 11.28 101.2 101.28 A SERVICE CHARGE OF 1.5% PER MONTH (ANNUAL RATE SEE TERMS CONDITIONS 7 "ct4 pa 18 WILL BE ADDED TO INVOICES UNPAID AFTER 30 DAYS ON REVERSE SIDE DAMAGE AND SHORTAGE CLAIMS SHOULD BE MADE TO TRANSPORTATION COMPANY. NO MERCHANDISE ON THIS INVOICE IS RETURNABLE UNLESS CLAIM IS MADE WITHIN 30 DAYS AND ONLY THEN WITH OUR WRITTEN CONSENT. NO PRIVATE BRANDED GOODS MAY BE RETURNED AT ANYTIME. GENERAL TERMS AND CONDITIONS OF SALE 1. PRICE. The prices are thoseori affect on the date of shipment. Stenographic and clerical errors are subject to correction. 2. PAYMENT. Goods are sold on a net basis. In the event that payment is not made as provided on the face hereof, Buyer agrees to pay a late fee computed at the rate of 18% annum, or I- 12% per month on any amounts not paid when due. Notwithstanding such terms of payment, if at any time Seller in good faith deems itself insecure for any reason whatsoeverit may be charged to the Buyer's account. The status of all Seller's accounts receivable are reported to collection bureaus. 3. TAXES. In addition to the price provided herein, Buyer shall pay Seller the amount of any sales, use or other taxes now or hereafter imposed by anyfederai, state or local taxing authority upon or with respect to the sale, purchase or delivery of the goods. If state tax audits require us to pay sales or use tax in connection with the transaction, the Buyer will be required to reimburse us the full amount of such taxes paid plus any interest amount. 8. SHIPMENT. if t j• ;"A Buyer is re for all freight charges ynless otherwise specified. Seller reserves the right to designate the routing on all shipments. Seller vv ll to honor but Yviltnot guarantee requested shipping or delivery dates' All shipmdrits will be F.OZ SHIPPING POINT unless otherwise designated. 5. RISK OF LOSS. Risk of loss for the goods shall pass to Buyer upon delivery by Seller to a common or private carrier for shipment to Buyer. 6. LIMITED WARRANTY TO BUYER. Seller warrants that at the time of shipment and for warranty period set forth by Seller, the goods will be free of defects in material and workmanship. This warranty does not apply to any goods which have been neglected, altered, abused, used for a purpose other than the one for which they were manufactured, repaired by Buyer or any other person without Seller's written authorization, or used jn,any manner inconsistent with Seller's oral or written. instructions. Buyer assumes liability for patent and copyright infringement wheg goods are made tcLBuyer's specifications. This warranty does not cover any components of the goods not manufactured by Seller, l ut Seller hereby assigns to Buyer any manufacturer's warra4es'6pplicable thereto. Seller's warranties shall not be enlarged, or in any other way affected by, and no obligation or liability shall arise or grow out of, Seller's rendering of technical advice or service in connection with Buyer's order of goods. No representative of Seller or other person handling the goods is authorized to modify this Section or to use any warranty regarding the goods. t 1. EXCLUSIVE hEMEDY FOR BREACH 00 tARRANTY SELLER'S ENTIRE OBLIGATION UNDER THIS WARRANTY SHALL BE LIMITED (AT SELLER'S OPTION) TO REPAIR OR REPLACEMENT OF ANY GOODS WHICH PROVE TO BE DEFECTIVE WITHIN THE WARRANTY PERIOD, OR, AT SELLER'S OPTION, ISSUANCE OF A CREDIT OR REFUND OF THE PURCHASE PRICE WITH RESPECT THERETO. BUYER SHALL BE ENTITLED TO A REMEDY HEREUNDER ONLY IF IT NOTIFIES SELLER IN WRITING OF THE ALLEGED BREACH OF WARRANTY BEFORE THE EXPIRATION OF THE WARRANTY AND WITHIN TEN DAYS AFTER THE EARLIER OF THE DATE OF DISCO,VERYSHOULD HAVE BEEIII IN THE EXERCISEAF REASONABLE DILIGENCE. 8. DISCLAIMER: LIMITATION OF REMEDY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SELLER.MKi S NO REPRESENTATION OR,WARWTY,.EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS SOLD HEREUNDER, WHETHER AS TO MERCHANTABILITY, FITNESS FORA PARTICULAR PURPOSE OR Y U HER MATTER. SELLER SHALL HAVE NO LIABILITY TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY DESCRIRTbO WHETHER ARISiNd'OUT O WARRANTY OR OTHER CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE. THE PARTIES EXPRESSLY AGREE THAT THE LIMITATIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SHALL SURVIVE THE DETERMINATION OF ANY COURT OF COMPETENT JURISDICTION THAT ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. 9. AGENT'S AUTHORITY. Buyer understands and agrees that no agent, employee or representative of Seller has authority to bind Seller to any affirmation, representation or warranty concerning the goods which is not set forth herein, and Buyer further understands and agrees that any such affirmation of fact, promise or representation made by any agent, employee or representative of which is not set forth herein shall not constitute a warranty. 10. FORCE MAJEURE: ALLOCATION. Failure of Seller to make all or any part of any shipment hereunder, if such failure is due to acts of God, war labor difficulties, breakdown or damage to the plant facilities of Seller or Buyer's receiving facilities, embargoes, shortages of any raw materials or energy at reasonable prices or from regular sources or on account of shortages thereof, delays or failure of any supplier to deliver, shortages of transportation equipment pce with any law of regulatign or order of any public authority and any other cause either amii;r at d similar beyond the control of the Seller, shall not subject Seller to any liability to`the Buyer, na i; such event; afinnne reg6estoi Seiler, the total quantity of goods to be shipped will not be reduced by the quantity not shipped due to such causes. Should Seller at any time be unable, due to any of the aforesaid causes, to supply its own and all of its customers' requirements (including customers not under supply contract) of any goods sold hereunder, Seller will allocate its available supply of such goods to its customers on such terms as it may deem advisable and in such event Seller shall not be liable to Buyer for failure to ship Buyer the full quantity of the goods contracted for and the balance of any such order will be cancelled. 11. TITLE RETENTION. Mier retains title on all merchandise until paid in full. 12. CLAIMS. All orders are carefully packaged for safe shipment. If you receive a broken or damaged package, contact the carrier immediately to file a claim. Notify Seller within five days of receipt of goods if there is a discrepancy with your order. 13. RETURNS. Buyer may only return merchandise with Seller's written authorization. Upon consent, merchandise must be returned within 30 days of receipt, freight prepaid. All return items are subject to inspection before credit is authorized. There is a 15% restocking fee for all returned merchandise. Credits will be applied to Buyers account, only. Personalized and custom -made items may not be returned. 16. CHANGES AND CANCELLATION. Orders accepted by the Seller are not subject to change, except with the Seller's consent. 15. ENTIRE CONTRACT. These terms and conditions constitute the entire contract between Buyer and Seller, transcending any oral arrangements or representations which may be inconsistent therewith. 16. NON WAIVER. Waiver by either Seller or Buyer of a breach or provision hereof shall not be deemed a waiver of future compliance therewith and such provision shall remain in full force and effect. 17. APPLICABLE LAW. This agreement shall be construed and the rights and obligations of the parties hereto shall be governed by the laws of the State ofttlinois. 18. EQUAL EMPLOYMENT OPPORTUNITY POLICY. I The Seller affirms its policy of providing Equal Opportunity to all empioyees'and applicants for employmenrin accordance with ail applicable Equal Employment OpportunitylAffirinative Action Laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof. Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) Total 7� 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 73.. ON ACCOUNT OF APPROPRIATION FOR Board Members PO# or INVOICE NO. ACCT #/TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or OS' 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 oZS 2008 8 Signa re Cost distribution ledger classification if Title claim paid motor vehicle highway fund