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Home My WebLink About166460 12/02/2008 CITY OF CARMEL, INDIANA VENDOR: 361198 Page 1 of 1 ONE CIVIC SQUARE NIKE USA INC CHECK AMOUNT: $221.28 CARMEL, INDIANA 46032 PO BOX 847648 DALLAS TX 75284 -7648 CHECK NUMBER: 166460 CHECK DATE: 1212/2008 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1150 4356007 918734334 221.28 GOLF HARDGOODS i I Customer Number: 272920 Invoice Number: 918734334 Nike Order Number: 824542290 Invoice Date: 11/14/2008 INVOICE Nike Delivery Number: 428812899 Terms: Net 60 V G Customer PO No: TW JUNIOR Terms begin as of: 11/14/2008 Ordered by: Scott LentZ Due Date: 01/13/2009 DUNS 05- 095 -7364 Ordered on: 11/12/2008 Currency: USD FEDERAL TAX ID 93- 124 -3023 Original Invoice Number: MAIL TO DELIVER GOODS TO 1232 01 MB 0.369 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 GKO107 -001 TW KIDS RED YR BOX UNFLX EA 2 2 106.50 106.50 213.00 "Subtotals 2 2 213.00 2 13.00 213.00 Shipped From: Nike Golf: Memphis Date Shipped: 11/14/2008 Order Type: At -Once Order Direct Ship Factory PO Carrier: FEDERAL EXPRESS Mode of Transport: Standard Incoterms: Free carrier Weight: 17.790; Bill of Lading Number: Pro number: Tracking Number: 217508284287073; Packing list Number: Number of Cartons: 1 Special Label Instructions: �q Ship -to ID: 272920 Store ID 272920 �O 1� Wholesale Amount Sales Net of Discount Freight Total 213.00 213.00 8.28 221.28 All Nike USA, Inc. products are sold FCA (Free Carrier Shipping Point) and payment teens are calculated from invoice date unless specifically noted otherwise by Nike. A service charge of 1 %2 %n p er month will be cha gc(f on all past due invoices. Anticipation discounts are not allowed. No returns without .prior authorization trom 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: 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 slale(f unless Customer notifies NIKE in writing within thirty (30) days after the date such invoice is due. TERMS OF SALE: Unless otherwise a 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 NIKI invoice, in Customer's account application, m any NIKE sales order, in any NIKE; order confirmation and in any NIKE discrepancy letter take precedence over any terms and conditions set lorth in Customer's purchase order or other similar document and to the extent the terms in any NIKE invoice conflict with the terns 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`70) PER MONTH or the maxirnunt rate permitted by faw. whichever is lower. No discount will be allowed to any customcr having* an overdue balance. Customer will pay such costs. collection agenc connnrssions, expenses and reasonable attorney fees (including, without limitation at trial and n o 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 jovern. Customer consents to the non exclusive jurisdiction of any venue in any s 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 oldie goods. [SACK ORDERS: Unless otherwise agreed, all back orders will be shipped FCA (Free Carrier- Shiping 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 dale 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 folly -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 (cast 'fort v -tivc (45) days prior to original Customer Requcsted 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) nwnths from the (late 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 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 he 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 ing error must be received within thirty (30) days of the invoice (late. Merchandise must be returned in the same salable condition as received. A ten percent (10 restockin char will be levied unless the return is due to a NIKE error. If the return is a result of a NIKE error, credit lot' freight will be issued upon receipt of freight bitl, unless NI KE authorizes the Customer to use RPS Collect. Credit will be issued at the invoiced price net of Customer futures discounts. It' 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 fiftv cents (5.50) per pair for footwear found defective: 1rci2ht allowance for apparel found detective 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. 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 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 CUS'T'OMER. 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 -oods other than to purchasers physically present at the store location(s) specified in Customer's Account Application: (b) sell or otherwise transfer or transship I &E 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, pro( ucts 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. (IT) by catalog. (I1I) by telephone. or (IV) through any electronic means, including the World Wide Web, e -mail or other Internet channels. Customer is pernnied 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 or complies with NIKE's policies and procedures regarding the use of NIKE logos, trademarks, copyrights, and product and athlete i pages. FAIR LABOR STANDARDS ACT: NIKE herebv certifies that goods and services covered by anv 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 MA,IEURE: If a delivcry 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 result of such a delay, the goods ordered are unavailable. NIKE may substitute comparable goods. Page 2 of 2 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. f Payee C U� J� Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) Total 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 I Kc" USA— IN SUM OF ON ACCOUNT OF APPROPRIATION FOR Board Members PO# or INVOICE NO. ACCT #/TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or A3' 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 i nature Cost distribution ledger classification if Title claim paid motor vehicle highway fund