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156358 02/06/2008 CITY OF CARMEL INDIANA VENDOR: 359355 Page 1 of 1 ONE CIVIC SQUARE WITTEK CARMEL, INDIANA 46032 3865 COMMERCIAL AVE CHECK AMOUNT: $91.97 NORTHBROOK IL 60062 CHECK NUMBER: 156358 ON CHECK DATE: 2/6/2008 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION i 905 4239099 188078 91.97 OTHER MISCELLANOUS I i Page 1 of 2 s Belcher, Jean From: Tony Clay [tonyclay @wittekgolf.com] Sent: Friday, January 18, 2008 2:05 PM To: Belcher, Jean Subject: RE: 527228 and 518194 Brookshire Golf Club Carmel Indiana Jean, The fee will be waived when you pay the invoice in full, therefore you can just send in the $91.97. Thanks, Tony /gv Tony Clay Account Manager Wittek Golf Supply 3865 COMMERCIAL AVE.(NEW) NORTHBROOK, IL 60062 800 -869 -1800 x 2379 847- 943 -2379 (DIRECT) 847- 412 -9592 fax TONYCLAY @WITTEKGOLF.COM From: Belcher, Jean [mailto:JBelcher carmel.in.gov] Sent: Thursday, January 17, 2008 8:27 AM To: Tony Clay Subject: RE: 527228 and 518194 Brookshire Golf Club Carmel Indiana Thanks for the fast reply Tony. I'll be on the look out for an invoice indicating that amount. Jean Jean A Belcher Deputy Clerk Treasurer City of Carmel One Civic Square Carmel IN 46032 (31 7) 571 2429 direct line (31 7) 571 2480 fax jbelcher @carmel.in.gov From: Tony Clay [mailto:tonyclay wittekgolf.com] Sent: Thursday, January 17, 2008 9:26 AM To: Belcher, Jean Subject: RE: 527228 and 518194 Brookshire Golf Club Carmel Indiana DEAR JEAN, THE BALANCE ON THE ACCOUNTS ARE AS FOLLOWS: 527228 CITY OF CARMEL DBA BROOKSHIRE GOLF COURSE $93.35 1/18/2008 Page 2 of 2 518194 BROOKSHIRE GOLF COURSE CLOSED /ZERO BALANCE THANK YOU, TONY /GV Tony Clay Account Manager Wittek Golf Supply 3865 COMMERCIAL AVE.(NEW) NORTHBROOK, IL 60062 800 869 -1800 x 2379 847- 943 -2379 (DIRECT) 847 -412 -9592 fax 'TONYCLAY@WITTEKGO From: Belcher, Jean [mailto:JBelcher @carmel.in.gov] Sent: Thursday, January 17, 2008 7:27 AM To: Info Subject: 527228 and 518194 Brookshire Golf Club Carmel Indiana Dear Wittek: Can you tell me what the balances due on these accounts are currently? Thank you, Jean Jean A Belcher Deputy Clerk Treasurer City of Carmel One Civic Square Carmel IN 46032 (317) 571 2429 direct line (31 7) 571 2480 fax jbelcher @carmel.in.gov 1/18/2008 INVOICE C NUMBER 188078 DATE 10-16-07 Committed To Serving The Game. PAGE NO 1 3865 COMMERCIAL AVENUE NORTHBROOK, IL 60062 PHONE: 847 943 2399.1- 800 869 -1800 SO NBR H45926 FAX: 847 412 -9591 WEBSITE: wittek9olf.com CUSTOMER NO: 527228 SOLD CITY OF CARMEL S TIO CITY OF CARMEL TO 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 RICHARDSON 01 -26 10 -16 -07 UPS NET 30 OTY. ORDERED OTY.SHIPPED B/O PRODUCT NO DESCRIPTION PRICE AMOUNT 4 EA 4 76274 GREEN UTILITY PLASTIC 17.960 71.84 PAIL 3 EA 3 77322 —A LENS FOR NEW STYLE CLOCK 3.000 9.00 PLEASE REMIT THANK YOU! WE APPRECIATE YOUR BUSINESS nXI Our list of references starts here! W ittek is the excluship Range Equiprnonf Supplier to.., V9 4 H PGA, G olf club I SUBTOTAL DISCOUNT TAX SHIPPING TOTAL PAYMENT REC'D. AMOUNT 80.84 0. 06 0.(5 0.01 20.13 100.97 100.97 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 f 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 f GENERAL TERMS AND CONDITIONS OF SALE 1. PRICE. The prices $re.those in 2ffedt pn the date of shipment. Stenographic and clerical errors are subject to correction. 2. PAYMENT. doodsfare sold oeh net b4sis. 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 i k annum, or i -f/2% 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 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 any federal, 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 4. SHIPMENT. t! 1 `r. 1f at Buyer is responsible jor ail freight oarges,unless ntgerWse spgdfied. Seller reserves the right to designate the routing on ali,sbipp) enfs. Seiler will.attemRt to;hon_or but will not guarantee requested shipping or delivery dates All shipments will be F 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 carder 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 Seder's written authorization, or used in any mad ner inconsistent with Seller's oral or written iestructions. Buyer, assumes lobi4iy for patent and copyrgllt infringement when -goods aye made ig Buyer's specifications. This warranty does not cover any components of the goods not manufactured by Seiler, but Seiler herebyassigns to Buyer any fianufacturer s warranties 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 Seiler or other person handling the goods is authorized to modify this Section or to use any warranty regarding the goods. P. EXCLUSNE REMEDY FOR BREACH OF WARRANTY» f i 1 i i j 1 SELLER'S ENTIRE OBLIGATION UNDER THIS WARRANTY SHALL BE LIMITED (AT SELLER'S OPTION) Tq 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 AFT R T E EARLIER OF THE DATE OF DISCOVERY SHOULQ HAVE B N :MA, DE IN THE EXERCISE OF REASONABLE DILIGENCI�. 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 PURPOSE OR ANY OTHER MATTER. SELLER SHALL HAVE NO LIABILITY TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY DESCRIPTION, WNER A' oNG-0uTOF WAFttO&Y'OR OTHER CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE. THE PARTIES EXPRESSLY AGREE THAT THE LIMITATIONS OF INCIDENTAL AND CONSEQUENTIAL DA%GES:SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SHALL SURVIVE THE DETERMINATION OF ANY COURT OF COMPETENT JURI §DICTION THAT ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. 8. AGENT'S AUTHORITY. Buyer understands and agrees that no agent, employee or representative of Seller has authority to bind Seiler 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, 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 Seiler, 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 wit 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 said 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. ii. TITLE RETENTION. Seller 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 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. MON•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 of Illinois. 18. EQUAL EMPLOYMENT OPPORTUNITY POLICY, The Seller affirms its policy of providing Equal Opportunity to all employees and applicants for empl6yment imaccordance With all applicable Egual Employment Opportunity /Affirmative Action Laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof. CREDIT MEMO NUMBER C24916 DATE 10-26-07 Committed To Serving The Game PAGE NO 1 3865 COMMERCIAL AVENUE NORTHBROOK, IL 60062 PHONE: 847 943 2399.1 -800- 869 -1800 SO NBR XH45552 FAX: 847. 412.9591 WEBSITE: wittekgolf.com CUSTOMER NO: 518194 SOLD BROOKSHIRE GC S HIP TO BROOKSHIRE GC TO PAUL BLOCKOMS PAUL BLOCKOMS 12120 BROOKSHIRE PKWY 12120 BROOKSHIRE PKWY CARMEL, IN 46033 CARMEL, IN 46033 CUSTOMER ORDER NO. SALESMAN OFFICE CODE DATE SHIPPED VIA PCs. TERMS RICHARDSON 01 -26 10 -26 -07 BEST WAY jQTY. ORDERED QTY SHIPPED B/O PRODUCT NO. DESCRIPTION PRICE AMOUNT —4 EA 76274 GREEN UTILITY PLASTIC 17.955 71.82 PAIL —3 EA 77322 —A LENS FOR NEW STYLE CLOCK 3.000 9.00 1# 187720 CREDIT IN FULL f�2 Ols t list of references starts here! V4iltek is the exclusive Range E quipinant Supplier to.., a 0 PGA Golf ..f SUBTOTAL DISCOUNT' TA X SHIPPING TOTAL PAYMENT REC'D. AMOUNT —80.82 0.0 0.& 0.0 —22.21 103.03 103.03 A SERVICE CHARGE OF 1.5% PER MONTH (ANNUAL RATE SEE TERMS CONDITIONS j 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. ;_t f GENERAL TERMS AND CONDITIONS OF SALE 1. PRICE. The prices ark those 16 effect on the date of shipment. Stenographic and clerical errors are subject to correction. 2. PAYMENT. Gootls'are sofd'ottta het 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 in annum, or i -V2% 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 to the Buyer's account. The status of all Seller's accounts receivable are reported to collection bureaus. 3. TAXES. r t In addition to the price provided herein, Buyer shall pay Seller the amount of any sales, use or other taxes now or hereafter imposed t y any federal, state or local taxing authonty'Updri 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. r 1 i .!C ��tt'tf'11f �•�f: try 4. SHIPMENT. Buyer is responsible fPr all fteight Chatges,unleas otherwise sp0lied. Seller reserves the right to designate the routing on all stjiprr ants. Seller will attempt to.henor vfill not guarantee requested shipping or delivery dates. All shipments v 11 be F.O.B. SHIPPING POINT unless otherwise designated. Al 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. Setter 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 Sellers written authorization, or used in any manner inconsistent with Seller's oral,or written i9structions. Buyer assumes lability for patent and copyright infringement *ipp gp4s, aretnade to Buyer's specifications. This warranty does not cover any components of the goods'rot manufactured by Seller, but Seller hereby assigns to Buyer any manufacturer's warranties 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. f.. EXCLUSNE REMEDYFOR BREACH OF WARRANTY.: da i --I Y.r r _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 OWREFUND'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 -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 PURPOSE OR ANY OTHER MATTER. SELLER SHALL HAVE NO LIABILITY TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES!OF ANY DESCRIPTION, WHETHER ARISING.dbtT YJARRANTY'.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, 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 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. Seller 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 Setter'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 laws of the State of Illinois. 18. EQUAL EMPLOYMENT OPPORTUNITY POLICY. The Seller affirms its policy of providing Equal Opportunity to all employees and applicants for empfoyrrient imaccordance with alhappiicable_Equal Employment Opportunity /Affirmative Action Laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof, CREDIT MEMO NUMBER C24923 DATE 10 -30 -07 Committed To Serving The Game. PAGE NO 1 3865 COMMERCIAL AVENUE NORTHBROOK, IL 60062 PHONE: 847- 943 2399.1- 800 869 -1800 SO NBR XH46575 FAX: 847 412 -9591 WEBSITE: wittekgolf.com CUSTOMER NO: 527228 SOLD TO OF CARMEL S 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 RICHARDSON 01 -26 10 -30 -07 BEST WAY (CITY. ORDERED CITY.�bHIPPED B/O PRODUCT NO. DESCRIPTION PRICE AMOUNT —3 EA 77322 —A LENS FOR NEW STYLE CLOCK 3.000 9.00 1# 188078 MERCH CREDIT ti -off Ow list of references Marls here! Vjiltek is the exclusive Range Equipment Supplier to... Le arning Center FIGA Golf Club' SUBTOTAL DISCOUNT_ TAX SHIPPING TOTAL PAYMENT REC'D. AMOUNT —9.00 0.0 0.6 0.0 —9.00 —9.00 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. 4 a GENERAL TERMS AND CONDITIONS OF SALE 1. PRICE. The prices are those. in effect on the date of shipment. Stenographic and clerical errors are subject to correction. 2. PAYMENT. Goods are sold orl'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 1.1/2% 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 to the Buyer's. 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 any federal, 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. 1 t 4. SHIPMENT.` L i fi; 1 N.- ,v i Buyer is responsible for all, freight charges unless otherwise specified. Seller reserves the right to designate the routing on all,shipmenjs. S vial atttemp tRhonor but will,not.guarantee requested shipping or d6Wery dates. All s h$menjs will be F.O.B 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 in any manner inconsistent with Seller`s oral or written irs1ructions, payer assumes liability for patent and copyright infringement when Uoods are (made to Buyer's specifications. This warranty does not cover any components of the goods not manufactured by Seller, bu {Seller hereby assigns to Buyer any manufacturer's warranties applicable th'e'reto. 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. EXCLUSfVE REMEDY FOR BREACH OF WARFtANI'Y.' 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 DISCPVERY•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 PURPOSE OR ANY OTHER MATTER. SELLER SHALL HAVE NO LIABILITY TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY DESCRIPTION, WHETHER ARISING OUT OF 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 Seiler 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, 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 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, Seller 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 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 laws of the State of Illinois. 18. EQUAL EMPLOYMENT OPPORTUNITY POLICY, The Seller affirms its policy of providing Equal`Oppo'rtunity to all employees and applicants for emplo}hrient in accordance with all applicable Equal Employment Opportunity/Affirmative Action Laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof, FAX COVER SHEET TO JEAN SELCHER COmpany: CITY OF CARMEL FrOm GAIL VIOLET Company:: WITTEK GOLF SUPPLY CO. INC _Fax 84.7- 4.12 -95:91 VOC@ 800 869 -180Q INVOICE ,946-190 INVOICE NUMBER 188078 ITTIM a. DATE 10 -16 -07 o 'TAKE A TIP FROM AN OLD PRO' SINCE 1946 PAGE NO 1 WITTEK GOLF SUPPLY CO., INC. 3865 COMMERCIAL AVENUE, NORTHBROOK IL. 60062 PHONE: 847- 943 -2399 1 -800- 869 -1800 FAX 847- 412 -9591 SO NBR. H4 5 9 2 6 CUSTOMER NO.: 5 2 7 2 2 8 SOLD �ITY OF CARMEL CITY OF CARM�L" BA BROOKSHIRE GOLF COURSE DBA BROOKSHIRE GOLF"Q OURSE 12120 BROOKSHIRE PKWY 12120 BROOKSHIRE PKWY CARMEL, IN 46033 CARMEL, IN 46033 CUSTOMER ORDER NO. SALESMAN OFFICE CODE DATE SHIPPED VIA PCs. TERMS RICHARDSON 01 -26 10 -16 -07 UPS NET 30 QTY.ORDERED QTY.SHIPPED B/O PRODUC N O. DESC P AMOUNT 4 EA 4 76274 REEN UTILITY PLASTIC 17.960 71.84 P AIL 3 EA 3 77322 -A LENS FOR NEW STYLE CLOCK 3.000 9.00 PLEASE REMIT HANK YOU! WE APPRECIATE OUR BUSINESS SUBTOTAL DISCOUNT TAX SHIPPING HANDLIN TOTAL PAYMENT RECD. AMOUNT 80.84 0.00 0.0 0.00 20.13 100.97 100.97 9'0 A SERVICE CHARGE OF 1.5% PER MONTH (ANNUAL RATE SEE TERMS CONDITIONS s 18%) WILL BE ADDED TO INVOICES UNPAID AFTER 30 DAYS ON REVERSE SIDE /:1� DAMAGE OR 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. Prescribed by State Board of Accounts ACCOUNTS PAYABLE VOUCHER City Form No. 201 (Rev. 1995) 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 359355 Purchase Order No. Wittek Golf Supply Co Inc Terms 3865 Commercial Northbrook IL 60062 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) /6) 6 --a �0 7� 9 Total 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 359355 IN SUM OF Wittek Golf Supply Co Inc 3865 Commercial Northbrook IL 60062 ON ACCOUNT OF APPROPRIATION FOR Board Members PO# or INVOICE NO. ACCT #/TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or 05 /823073 2ff) 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 20CE Sigft i� Cost distribution ledger classification if Title claim paid motor vehicle highway fund