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159511 05/14/2008 CITY OF CARMEL, INDIANA VENDOR: 361198 Page 1 of 1 0 *f ONE CIVIC SQUARE NIKE USA INC CHECK AMOUNT: $1,744.10 CARMEL, INDIANA 46032 PO BOX 847648 DALLAS TX 75284 -7648 CHECK NUMBER: 159511 CHECK DATE: 5/1412008 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 905 4239045 915867703 408.67 RETAIL GOODS 905 4239045 915873834 1,283.96 RETAIL GOODS 905 4239045 916077500 51.47 RETAIL GOODS Customer Number: 272920 Invoice Number: 915867703 r) I l� Nike Order Number: 819331406 Invoice Date: 04/09/2008 V off Nike Delivery Number: 422172532 Terms: Net 60 INVOICE Customer PO No: SHOE Terms begin as of: 04/09/2008 Ordered by: Scott I email Due Date: 06/08/2008 DUNS 05- 095 -7364 Ordered on: 02/12/2008 Currency: USD FEDERAL TAX ID 93- 124 -3023 Original Invoice Number: MAIL TO DELIVER GOODS TO 1425 01 MB 0.360 CITY OF CARMEL I. I.. I. II„ II,,,,, II„. II... II ,,,II,,,,II,I„I„I,III,,,,,,III 12120 BR PK CITY OF CARMEL CARMEL IN 46033 -3314 BROOKSHIRE GOLF CLUB 12120 BROOKSHIRE PKWY CARMEL IN 46033 -3314 Material Customer Product Description Size UOM Quantity Quantityl Wholesale Net Unit Total Product Code Ordered Shipped Unit Price Price SGO028 -101 DRIFIT GOLF ANKLE MISC_ _EA. 6- 6 3.75 3.75 22.50 "Subtotals 6 6 22.50 22.50 22.50 SGO030 -101 DRI -FIT GOLF NO SH MISC EA 12 12 3.50 3.50 42.00 "Subtotals 12 12 42.00 42.00 42.00 SGO030 -001 DRI -FIT GOLF NO SH MISC EA 6 6 3.50 3.50 21.00 "Subtotals 6 6 21.00 21.00 21.00 SGO059 -001 DRI -FIT FULL CUSHI MISC EA 6 6 3.00 3.00 18.00 "Subtotals 6 6 18.00 18.00 18.00 SGO059 -101 DRI -FIT FULL CUSHI MISC EA 12 12 3.00 3.00 36.00 "Subtotals 12 12 36.00 36.00 36.00 SGO059 -201 DRI -FIT FULL CUSHI MISC EA 6 6 3.00 3.00 18.00 "Subtotals 6 6 18.00 18.00 18.00 SGO031 -101 DRIFIT NO SHOW 3 -P MISC EA 6 6 6.75 6.75 40.50 "Subtotals 6 6 40.50 40.50 40.50 SGO031 -001 DRIFIT NO SHOW 3 -P MISC EA 6 6 6.75 6.75 40.50 "Subtotals 6 6 40.50 40.50 40.50 SGO037 -100 WMNS DRIFIT TIPPED MISC EA 6 6 3.00 3.00 18.00 "Subtotals 6 6 18.00 18.00 18.00 SGO037 -101 WMNS DRIFIT TIPPED MISC EA 6 6 3:00 3.00 18.00 "Subtotals 6 6 18.00 18.00 18.00 SGO037 -102 WMNS DRI FIT TIPPED MISC EA 6 6 3.00 3.00 18.00 "Subtotals 6 6 18.00 18.00 18.00 SG006 8­061 DRI -FIT WMNS 2 -PAI MISC EA 6 6.00 6.00 36.00 "Subtotals 6 6 36.00 36.00 36.00 SGO068 -134 DRI -FIT WMNS 2 -PAI MISC EA 6 6 6.00 6.00 36.00 "Subtotals 6 6 36.00 36.00 36.00 SGO068 -136 DRI -FIT WMNS 2 -PAI MISC EA 6 6 6.00 6.00 36.00 All Nike USA. inc. products are sold FCA (Free Carrier Shipping Point) and payment terms are calculated from invoice date unless specifically n oted otherwise by Nike. A service charge o f 1 /2% per month will be charged on all past due invoices. Anticipation discounts are not allowed. No returns without prior authorization from Nike. Shortage claims must be made witEin 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 3 TERMS AND CONDITIONS All sales arc 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 (reterred 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 state&tmless Customer notifies NIKE in writing within thirty (30) days after the date such invoice is due. TERMS OF SALE: Unless otherwise agreed. 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 NIKE invoice, in Customer's account n applicatio. in any NIKE sales order, in any NIKE order confirmation and in any NIKE discrepancy letter take precedence over anyy terms and conditions set forth in Customer's purchase order or other similar document and to the extent the terms in any NIKE invoice conflict with the terms 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 PER MONTH or the maximum rate permitted by law, whichever is lower. No discount will be allowed to any customer having an overdue balance. Customer will pay such costs. collection agency commissions, expenses and reasonable attorney fees (including, without limitation at trial and on appeal) as NIKE may incur in any manner of collection orany sums past due. Oregon law without resort to its choice of law provisions) and the law of the Ninth Circuit will govern. Customer consents to the non exclusive jurisdiction of any venue in any state 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 of the goods. BACK ORDERS: Unless otherwise agreed. all back orders will be shipped FCA (Free Carrier Shipping 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 date 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 forty -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 least forty -five (45) days prior to original Customer Requested 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 m shipent 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) months from the date 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 w 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 all 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 be 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 asrees 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 shippping order or invoice number is required for return to stock claims. Return to stock requests for a NIKE shipping error must be received within thirty (30) [lays of the invoice date. Merchandise must be returned in the same salable condition as received. A ten percent (10 restocking shame will be levied unless the return is due to a NIKE error. If the return is a result of a NIKE error, credit for freight will be issued upon receipt of freight bill, unless NIKE authorizes the Customer to use RPS Collect. Credit will be issued at the invoiced price net of Customer futures discounts. If 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 fifty cents ($.50) per pair for footwear found defective: freight allowance for apparel found defective will be given at NIKE's sole discretion, upon receipt ora freight bill. Credit will be issued at the invoiced price net of Customer's discounts. If 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 CUSTOMER. 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 goods other than to purchasers physically present at the store location(s) specified in Customer's Account Application; (h) sell or otherwise transfer or transship NIKE goods to another retailer, e- fader. distributor or broker: (c) purchase NIKE products from any source other [hart NIKE; (d) directly or indirect!- sell or Offer to se!! NIKE products on behalf of, or for the account of, anv other party, or (e) solicit or take orders, or otherwise sell or offer to sell, NIKE products: (1) through the mail. (II) by catalog. (Ill) byy telephone, or (IV) through any electronic means, including the World Wide Web, e -mail or other Internet channels. Customer is permitted 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 Customer complies with NIKE's policies and procedures regarding the use of NIKE: logos, trademarks. copyrights, and product and athlete images. FAIR LABOR STANDARDS ACT: NIKE hereby certifies that goods and services covered by any NIKE invoice were produced and furnished in compliance W ith the requirements of the Fair Labor Standards Act of 1938 as amended, and any regulations and orders issued thereunder. FORCE MA,IEURE: If a delivery_ 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 3 Customer Number: 272920 Invoice Number: 915867703 Nike Order Number: 819331406 Invoice Date: 04/09/2008 N Y ®I C C G Nike Delivery Number: 422172532 Terms: Net 60 Y Customer PO No: SHOE Terms begin as of: 04/09/2008 Ordered by: Scott I email Due Date: 06/08/2008 DUNS 05- 095 -7364 Ordered on: 02/12/2008 Currency: USD FEDERAL TAX ID 93- 124 -3023 Original Invoice Number: "Subtotals 6 6 36.00 36.00 36.00 Shipped From: Nike Golf: Memphis Date Shipped: 04/09/2008 Order Type: Futures Order Direct Ship Factory PO Carrier: FEDERAL EXPRESS Mode of Transport: Standard Incoterms: Free carrier Weight: 12.150; 7.780; Bill of Lading Number: Pro number: Tracking Number: 217508281658890;217508281660640; v Packing list Number: 11824294 Number of Cartons: 2 Special Label Instructions: Store ID 272920 I Wholesale Amount Sales Net of Discount Freight Total 400.50 400.50 8.17 408.67 Page 3 of 3 Q E PACKING LIST Page 1 CUSTOMER NO: 0000272920 FROM: NG SHIP TO: CITY OF CARMEL 5295 Logistics Drive BROOKSHIRE GOLF CLUB Memphis, TN 38118 12120 BROOKSHIRE PKWY North West CARMEL, IN 46033 -3314 USA US 8009226453 SAP ORDER 0819331406 TOTAL CARTONS: 2 NIKE DEL DOC 0422172532 SHIPMENT NO: 11824294 SHIPMENT SUMMARY BY CARTON STYLE /COLOR UOM SIZE PACK QTY UNITS STYLE NAME COLOR SAP ORDER 0819331406 P.O. NO: SHOE NIKE DELIVERY 0422172532 STORE DEPT CARTON 00006596580060515828 1 of 2) SG0028 -101 EA DRI -FIT GOLF ANKLET 10 -13 MISC 6 6.00 TOTAL FOR STYLE 6 6.00 SG0030 -0011 EA DRI -FIT GOLF NO SHOW 10 -13 MISC 6 6.00 TOTAL FOR STYLE 6 6.00 SG0030 -101 EA DRI -FIT GOLF NO SHOW 10 -13 MISC 12 12.00 TOTAL FOR STYLE 12 12.00 SG0031 -001/ TA EA DRIFIT NO SHOW 3 -PK 10 -13 MISC 6 6.00 TOTAL FOR STYLE 6 6.00 SG0031 -101 EA DRIFIT NO SHOW 3 -PK 10 -13 MISC 6 6.00 TOTAL FOR STYLE 6 6.00 SG0037- 1000'/ EA WMNS DRIFIT TIPPED NO SHW` 9 -11 MISC 6 6.00 TOTAL FOR STYLE 6 6.00 SG0037 -101 EA WMNS DRIFIT TIPPED NO SHW 9 -11 MISC 6 6.00 TOTAL FOR STYLE 6 6.00 TOTAL FOR CARTON 48 48.00 CARTON 00006596580060515835 2 of 2) SG0037 -102 EA WMNS DRIFIT TIPPED NO SHW 9 -11 MISC 6, 6.00 TOTAL FOR STYLE 6' 6.00 SG0059 -001 EA DRI -FIT FULL CUSHION TAB 10- 1312.0:15.5:23.0 MISC 6 6.00 TOTAL FOR STYLE 6 6.00 SG0059 -101 EA DRI -FIT FULL CUSHION TAB 10- 1312.0:15.5:23.0 MISC 121 12.00 TOTAL FOR STYLE 12 12.00 SG0059 -201 EA DRI -FIT FULL CUSHION TAB 10- 1312.0:15.5:23.0 MISC 6 J 6.00 TOTAL FOR STYLE 6 6.00 SG0068 -061 EA DRI -FIT WMNS 2 -PAIR NO -SHOW I n PACK ID: PK1980024 PACKING LIST PACKING LIST Page 2 CUSTOMER NO: 0000272920 FROM: NG SHIP TO: CITY OF CARMEL 5295 Logistics Drive BROOKSHIRE GOLF CLUB Memphis, TN 38118 12120 BROOKSHIRE PKWY North West CARMEL, IN 46033 -3314 USA US 8009226453 SAP ORDER 0819331406 TOTAL CARTONS: 2 NIKE DEL DOC 0422172532 SHIPMENT NO: 11824294 SHIPMENT SUMMARY BY CARTON STYLE /COLOR UOM SIZE PACK QTY UNITS STYLE NAME COLOR MISC 6 6.00 TOTA FOR STYLE 6 6.00 SG0068 -134 EA DRI -FIT WMNS 2 -PAIR NO -SHOW MISC col 6.00 TOTAJ�FOR STYLE 6 6.00 SG0068 -136 EA DRI -FIT WMNS 2 -PAIR NO -SHOW MISC 6 6.00 TOTAL FOR STYLE 6 6.00 TOTAL FOR CARTON 48 48.00 TOTAL FOR DELIVERY 96 96.00 Brookshire Golf Club Inventory Received Report 12120 Brookshire Parkway Order Number: 04302008 -1 Carmel, IN 46033 Order °Number Item Code Description Ordered ,,To Date Received Unit Cost Extended Extended To Date Received 3003930 NIKE DRY ANKLE 6 6 0 $3.84 $23.04 $0.00 3003932 NIKE DRY NO SHOW 18 18 0 $3.59 $64.62 $0.00 3003934 NIKE DRY FULL CUSH 42 42 0 $3.09 $129.78 $0.00 3003936 NIKE DRY NO SH 3 PAC 12 12 0 $6.83 $81.96 $0.00 3003938 NIKE DRY WMNS 2 PAC 18 18 0 $6.09 $109.62 $0.00 Grand Totals: 96 0 96 $23.44 $409.02° $0.00 Authorized by Date Order Number: 04302008 -1 Page 1 of 1 I Customer Number: 272920 Invoice Number: 915873834 Nike Order Number: 819331406 Invoice Date: 04/10/2008 Nike Delivery Number: 422299050 Terms: Net 60 INVOICE Customer PO No: SHOE Terms begin as of: 04/10/2008 Ordered by: Scott I email Due Date: 06/09/2008 DUNS 05- 095 -7364 Ordered on: 02/12/2008 Currency: USD FEDERAL TAX ID 93- 124 -3023 Original Invoice Number: MAIL TO DELIVER GOODS TO 107901 MB 0.360 CITY OF CARMEL IIInlIllnllnInllInlluIllInllnnIIIII IIIIIIIll III III 111 12120 BROOKSHIRE PKWY CITY OF CARMEL CARMEL IN 46033 -3314 BROOKSHIRE GOLF CLUB 12120 BROOKSHIRE PKWY CARMEL IN 46033 -3314 Material Customer Product Description Size UOM Quantity Quantity Wholesale Net Unit Total Product Code I Ordered Shipped Unit Price Price 317_4_7_0- 1_06_ WMNS AIR_ ZOOM ELEG 7.5 PR 1 1 78.00 78.00 7800 "Subtotals 1 C7 78.00 78.00 78.00 317470 -122 WMNS AIR ZOOM ELEG 8 PR 1 1 78.00 78.00 78.00 "Subtotals 1 0 78.00 78.00 78.00 317620-111 WMNS AIR SUMMER LI 7 PR 1 1 46.00 46.00 46.00 8 PR 1 1 46.00 46.00 46.00 9 PR 1 1 46.00 46.00 46.00 9.5 PR 1 1 46.00 46.00 46.00 "Subtotals 4 d4 184.00 184.00 184.00 317620 -216 WMNS AIR SUMMER LI 7.5 PR 1 1 46.00 46.00 46.00 8 PR 1 1 46.00 46.00 46.00 8.5 PR 1 1 46.00 46.00 46.00 9 PR 1 1 46.00 46.00 46.00 "Subtotals 4 C41 184.00 184.00 184.00 317620 -311 WMNS AIR SUMMER LI 7 PR 1 1 46.00 46.00 46.00 8 PR 1 1 46.00 46.00 46.00 "Subtotals 2 0 1 92.00 92.00 92.00 317620 -011 WMNS AIR SUMMER LI 7 PR 1 1 46.00 46.00 46.00 7.5 PR 1 1 46.00 46.00 46.00 j 8 PR 1 1 46.00 46.00 46.00 8.5 PR 1 1 46.00 46.00 46.00 "Subtotals 4 (4) 184.00 184.00 184.00 317620 -411 t WMNS AIR SUMMER LI 7.5 PR 1 1 46.00 46.00 46.00 8.5 PR 1 1 46.00 46.00 46.00 "Subtotals 2 r2, 92.00 92.00 92.00 317626 -101 WMNS NIKE AIR CHAR 7 PR 1 1 46.00 46.00 46.00 7.5 PR 1 1 46.00 46.00 46.00 8 PR 1 1 46.00 46.0 4F 8.5 PR 1 1 46.00 46.00 46.00 "Subtotals 4 (4„ 184.00 184.00 184.00 317626 -131 WMNS NIKE AIR CHAR 7.5 PR 1 1 46.00 46.00 46.00 8.5 PR 1 1 46.00 46.00 46.00 All Nike USA. Inc products are sold FCA (Free Carrier Shipping Point) and payment terms are calculated from invoice date unless specifically noted otherwise by Nike. A service c arve of l 1 /2% cr month will be char-et on all past due invoices. Anticipation discounts arc not allowed. No returns without prior authorization from Nike. Shortage claims must be made within 30 days of receipt. All collection tees 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 3 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 stated Customer notifies NIKE in writing within thirty (30) days after the date such invoice is due. TERMS OF SALE: Unless otherwise agreed. All NIKE goods be sold FCA (Free Carrier- Shipping Point). Pavment 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 NIKl3 invoice, in Customer's account application, in any NIKE sales order, in any NIKE order confirmation and in anv NIKE discrepancv letter take precedence over any terms and conditions set forth in Customer's purchase order or other similar document and to the extent the terms in any NIKE invoice conflict with the terms of anv 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 PER MONTH or the maximum rate permitted by faw. whichever is lower. No discount will be allowed to any customer having an overdue balance. Customer will pay such costs. collection a ency commissions, expenses and reasonable attorney tees (including, without limitation at trial and on appeal) as NIKE may incur in any manner of collection ot sums past (Inc. Oregon law (without resort to its choice of law provisions) and the law of the Ninth Circuit will govern. Customer consents to the non exclusive jurisdiction of any venue in anv state 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 of the goods. BACK ORDERS: Unless otherwise agreed, all back orders will be shipped FCA (Free Carver Shipping 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 date 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 forty -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 least forty -five (45) days prior to original Customer Requested 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) months from the date 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 most 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 be 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 shipping error must be received within thirty (30) days of the invoice date. Merchandise must be returned in the same salable condition as received. A ten percent (10 restocking charge will be levied unless the return is due to a NIKE error. If the return is a result of a NIKE error, credit for freight will be issued upon receipt of freight bifl, unless NIKE authorizes the Customer to use RPS Collect. Credit will be issued at the invoiced price net of Customer futures discounts. If 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 aI fifty cents (S.50) per pair for footwear found defective: freight allowance for apparel found detective will be given at NIKE's sole discretion. upon receipt of freight bill. Credit will be issued at the invoiced price net of Customer's discounts. If 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 clue. 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 CUSTOMER. MODIFICATIONS: No supplement. modification, or amendment of these Terms and Conditions will he 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 goods other than to purchasers physically present at the store location(s) specified in Customers Account Application: (b) sell or otherwise transfer or transship N7KE goods to another retailer, e- taller, drstnbutor or broker: (c) purchase NIKE product-, from an) source other than NIKE: ((1 directly or indirectiv sell or offer to sell NIKE pro( on behalf of, or for the account of, any other arty, or (e) pp solicit or take orders. or otherwise sell or otter to sell. NIKE products: (1) through the mail. f lI) by catalog. (Ill l by telephone, or (IV) through any electronic means. including the World Wide Web, e -mail or other Internet channels. Customer is permitted I) 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 Customer complies with NIKE's policies and procedures regarding the use of NIKE logos, trademarks, copyrights, and product and athlete images. FAIR LABOR STANDARDS ACT: NIKE hereby certifies that goods and services covered by any 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 MAJEURE: If a delivery date is specified. that (late will be extended to the extent that delivery is delayed by reason of fire, flood. war, riot. strike, natural disaster. or any other evem 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 3 Customer Number: 272920 Invoice Number: 915873834 Nike Order Number: 819331406 Invoice Date: 04/10/2008 INVOIINVOI Nike Delivery Number: 422299050 Terms: Net 60 CE Customer PO No: SHOE Terms begin as of: 04/10/2008 Ordered by: Scott I email Due Date: 06/09/2008 DUNS 05- 095 -7364 Ordered on: 02/12/2008 Currency: USD FEDERAL TAX ID 93- 124 -3023 Original Invoice Number: Material Customer Product Description Size UOM Quantity Quantity Wholesale Net Unit Total 71 Product Code Ordered Shipped Unit Price Price "Subtotals 2 C2 92.00 92.00 92.00 317626 -144 WMNS NIKE AIR CHAR 8 PR 1 1 46.00 46.00 46.00 9 PR 1 1 46.00 46.00 46.00 "Subtotals 2 U 92.00 92.00 92.00 Shipped From: Nike Golf: Memphis Date Shipped: 04/10/2008 __---Order-Type:— Futures-Order Direct Ship Factory PO Carrier: FEDERAL EXPRESS Mode of Transport: Standard Incoterms: Free carrier Weight: 33.910; 34.590; 6.590; Bill of Lading Number: Pro number: Tracking Number: 217508281662774;217508281662538;217508281659484; Packing list Number: 11823462 Number of Cartons: 3 Special Label Instructions: Store ID 272920 Wholesale Amount Sales Net of Discount Freight Total 1,260.00 1,260.00 23.96 1,283.96 Page 3 of 3 I a PACKING LIST PACKING LIST Page 2 CUSTOMER NO: 0000272920 FROM: NG SHIP TO: CITY OF CARMEL 5295 Logistics Drive BROOKSHIRE GOLF CLUB Memphis, TN 38118 12120 BROOKSHIRE PKWY North West CARMEL, IN 46033 -3314 USA US 8009226453 SAP ORDER 0819331406 TOTAL CARTONS: 3 NIKE DEL DOC 0422299050 SHIPMENT NO: 11823462 SHIPMENT SUMMARY BY CARTON STYLE /COLOR UOM SIZE PACK QTY UNITS STYLE NAME COLOR 8.5 1 1.00 TOTAL FOR STYLE 2.00/ 317626 -101 PR WMNS NIKE AIR CHARMER 7 1 1.00 7.5 1 1.00 8 1 1.00 8.5 1 1.00 TOTAL FOR STYLE 4.00 317626 -131 PR WMNS NIKE AIR CHARMER 7.5 1 1.00 8.5 1 1.00 TOTAL FOR STYLE V l 2.0j�, TOTAL FOR CARTON 12 12.00 CARTON 00006596580060515088 3 of 3) 317626 -144 PR WMNS NIKE AIR CHARMER 8 1 1.00 9 1 1.00 TOTAL FOR STYLE 2 2.00 TOTAL FOR CARTON 2.0� TOTAL FOR DELIVERY 26 26.00 PACK ID: PK1980815 I I SHIPMENT SUMMARY BY PRODUCT Page 1 STYLE /COLOR UOM SIZE PACK QTY UNITS STYLE NAME COLOR 317470 -106 PR WMNS AIR ZOOM ELEGANCE '7.5 1 1.00 TOTAL FOR STYLE 1 1.00 317470 -122 PR WMNS AIR ZOOM ELEGANCE 8 1 1.00 TOTAL FOR STYLE 1 1.00 317620 -011 PR WMNS AIR SUMMER LITE 7 1 1.00 7.5 1 1.00 8 1 1.00 8.5 1 1.0.0 TOTAL FOR STYLE l.% 4.0,0---' 317620 -111 PR WMNS AIR SUMMER LITE 7 1 1.00 8 1 1.00 9 1 1.00 9.5 1 1.00 TOTAL FOR STYLE 4.0� 317620 -216 PR WMNS AIR SUMMER LITE 7.5 1 1.00 8 1 1.00 8.5 1 1.00 9 1 1.00 TOTAL FOR STYLE 4.09,,- 317620 -311 PR WMNS AIR SUMMER LITE 7 1 1.00 8 1 1.00 TOTAL FOR STYLE (21 2.00/ 317620 -411 PR WMNS AIR SUMMER LITE 7.5 1 1.00 8.5 62, 1.00 TOTAL FOR STYLE 2.00 317626 -101 PR WMNS NIKE AIR CHARMER 7 1 1.00 7.5 1 1.00 8 1 1.00 8.5 �1 1.00 TOTAL FOR STYLE 44.00/ 317626 -131 PR WMNS NIKE AIR CHARMER 7.5 1 1.00 8.5 1 1.00 TOTAL FOR STYLE 2.0� 317626 -144 PR WMNS NIKE AIR CHARMER 8 1 1.00 9 1 1.00 TOTAL FOR STYLE 2.0.01� TOTAL FOR P.O. 26 26.00 PACK ID: PK1980815 Brookshire Golf Club Inventory Received Report 12120 Brookshire Parkway Order Number: 04302008 -2 Carmel, IN 46033 Order Number Item Code Description Ordered To Date: Received' Unit Cost Extended Extended To Date Received.. 2002470 NIKE SHOES ZOOM ELE 2 2 0 $79.09 $158.18 $0.00 2002473 NIKE SHOES WMN SUM 25 25 0 $47.09 $1,177.2 $0.00 5 I Grand Totals: 27 0 27. $126.18 $1,335:4 $0.00 =3 Authorized by Date Order Number: 04302008 -2 Page 1 of 1 I Customer Number: 272920 Invoice Number: 916077500 Nike Order Number: 820517104 Invoice Date: 04/24/2008 INVOICE Nike Delivery Number: 422935020 Terms: Net 60 f 0 0 Customer PO No: NANCY SHAW Terms begin as of: 04/24/2008 Ordered by: Melissa Due Date: 06/23/2008 DUNS 05- 095 -7364 Ordered on: 04/22/2008 Currency: USD FEDERAL TAX ID 93- 124 -3023 Original Invoice Number: MAIL TO DELIVER GOODS TO 1081 01 MB 0.360 CITY OF CARMEL I1I11I1II11II111„ II111II111II111II1111II1I1111111III111111III 272920 CITY OF CARMEL 12120 BROOKSHIRE PKWY BROOKSHIRE GOLF CLUB CARMEL IN 46033 -3314 12120 BROOKSHIRE PKWY CARMEL IN 46033 -3314 Material Customer Product Description Size UOM Quantity Quantity Wholesale Net Unit Total Product Code Ordered Shipped Unit Price Price 317620 -311 WMNS AIR SUMMER LI 8.5 PR 1 1 46.00 46.00 46.00 "Subtotals 1 1 -46.00-- 46.00 Shipped From: Nike Golf: Memphis Date Shipped: 04/24/2008 Order Type: At -Once Order Direct Ship Factory PO Carrier: FEDERAL EXPRESS Mode of Transport: Standard Incoterms: Free carrier Weight: 3.790; Bill of Lading Number: Pro number: Tracking Number: 217508281934673; Packing list Number: 11870609 Number of Cartons: 1 Special Label Instructions: Ship -to ID: 272920 Store ID 272920 Wholesale Amount Sales Net of Discount Freight Total 46.00 46.00 5.47 51.47 All Nike USA, Inc. products are sold FCA (Free Carrier-Sh p pine Point) and pavment terms are calculated from invoice date unless specifically noted otherwise by Nike. A service charge of 1 1 /2% p er month will be chargetron all past due invoices. Anticipation discounts are not allowed. No returns without prior authorization from Nike. Shortage claims must be made within 30 days of receipt. All collection tees 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 stated unless Customer notifies NIKE in writing within thirty (30) days after the date such invoice is due. TERMS OF SALE: Unless otherwise agreed. 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 NIKE invoice, in Customer's account application, in any NIKE sales order, in any NIKE order confirmation and in any NIKE discrepancy letter take precedence over any terms and conditions set forth in Customer's purchase order or other similar document and to the extent the terms in any NIKE invoice conflict with the terms 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 1, 7o) PER MONTH or the maximum rate permitted by law, whichever is lower. No discount will be allowed to any customer having an overdue balance. Customer will pay such costs, collection agency commissions, expenses and reasonable attorney fees (including, without limitation at trial and on appeal) as NIKE may incur in any manner of collectioi of any sums past due. Oregon law (without resort to its choice of law provisions) and the law of the Ninth Circuit will govern. Customer consents to the non- exclusivejurisdiction of any venue in any state 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 oFthe goods. BACK ORDERS: Unless otherwise agreed. all back orders will be shipped FCA (Free Carrier Shipping 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 date 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 forty -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 least forty -five (45) days prior to original Customer Requested 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 delivery receipt and reported to the carrier's local office. All claims must be filed with the carrier within nine (9) months from the date 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 be 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 shippping error must be received within thirty (30) days of the invoice date. Merchandise must be returned in the same salable condition as received. A ten percent (10 restocking charge will be levied unless the return is due to a NIKE error. If the return is a result of a NIKE error, credit for freight will be issued upon receipt of freight bill, unless NIKE authorizes the Customer to use RPS Collect. Credit will be issued at the invoiced price net of Customer futures discounts. If 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 fifty cents ($.50) per pair for footwear found defective; freight allowance for apparel found defective will be given at NIKE's sole discretion, upon receipt or a freight bill. Credit will be issued at the invoiced price net of Customer's discounts. If 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 CUSTOMER. 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 goods other than to purchasers physically present at the store location(s) specified in Customer's Account Application; (b) sell or otherwise transfer or transship NIKE goods to another retailer, e- tailor, distributor or broker: (c) purchase NIKE Droducts from an source other than NIKE; (d) directly or indirectly sell or offer to sell NIKE products cts on behalf of, or for the account of, any otherparty, or (e) solicit or take or d or otherwise sell or offer to sell, NIKE products: (I) through the mail, (11) by catalog. (111) telephone, or (IV) through any eiectronic means, including the World Wide Web, e -mail or other Internet channels. Customer is permitted 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 Customer complies with NIKE's policies and procedures regarding the use of NIKE logos, trademarks. copyrights, and product and athlete images. FAIR LABOR STANDARDS ACT: NIKE hereby certifies that goods and services covered by any 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 MAJEURE: If a delivery date is sppecified, 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 N KE'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 PACKING LIST Page 1 CUSTOMER NO: 0000272920 FROM: NG SHIP TO: CITY OF CARMEL 5295 Logistics Drive BROOKSHIRE GOLF CLUB Memphis, TN 38118 12120 BROOKSHIRE PKWY North West CARMEL, IN 46033 -3314 USA US 8009226453 STORE NO: 272920 SAP -ORDER 0820517104 TOTAL CARTONS: 1 NIKE DEL DOC 0422935020 SHIPMENT NO: 11870609 SHIPMENT SUMMARY BY CARTON STYLE /COLOR UOM SIZE PACK QTY UNITS STYLE NAME COLOR SAP ORDER 0820517104 P.O. NOs NANCY SHAW NIKE DELIVERY 0422935020 STORE 272920 DEPT CARTON 00006596580061444752 1 of 1) 317620 -311 PR WMNS AIR SUMMER LITE 8.5 1 1.00 TOTAL FOR STYLE 1 1.00 TOTAL FOR CARTON 1 1.00 TOTAL FOR DELIVERY 1 1.00 PACK ID: PK2015848 i SHIPMENT SUMMARY BY PRODUCT Page 1 STYLE /COLOR UOM SIZE PACK QTY UNITS STYLE NAME COLOR 317620 -311 PR WMNS AIR SUMMER LITE 8.5 1 1.00 TOTAL FOR STYLE 1 1.00 TOTAL FOR P.O. 1 1.00 PACK ID: PK2015848 Prescribed by State Board of Accounts ACCOUNTS PAYABLE VOUCHER City Farm 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 2 S� Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) VOf- 7 y- u--o8 /a S2' �76 Total /6 9a 10,3 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 �5 a 7,/, c-IS ON ACCOUNT OF APPROPRIATION FOR �bs 3G c Board Members PO# or INVOICE NO. ACCT #/TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or q o5 R, 5 867 2 o3 3 �F llS y0� (p bill(s) is (are) true and correct and that the 905 j58 3yvyS /a83: j� materials or services itemized thereon for 5,47 which charge is made were ordered and received except 20 oY Signatygre l /d Cost distribution ledger classification if Title claim paid motor vehicle highway fund