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172619 05/13/2009 CITY OF CARMEL, INDIANA VENDOR: 359355 Page 1 of 1 ONE CIVIC SQUARE WITTEK i 0 CHECK AMOUNT: $427.04 CARMEL, INDIANA 46032 3865 COMMERCIAL AVE NORTHBROOK IL 60062 CHECK NUMBER: 172619 CHECK DATE: 5/1312009 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1207 4237000 219478 102`.60 REPAIR PARTS 1207 4239099 219814 90.69 OTHER MISCELLANOUS 1207 4237000 219820 233.75 REPAIR PARTS INVOICE NUMBER 219478 I K TT I E I GATE 04 -27 -09 Committed To Serving The Game. PAGE NO 1 3865 COMMERCIAL AVENUE NORTHBROOK, IL 60062 PHONE: 847- 943 2399.1- 800 869 -1800 SO NBR. H77026 FAX: 847 412 -9591 WEBSITE: wittekgolf.com j CUSTOMER NO: 527228 SOTD S CITY OF CARMEL TIP O 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 I KEN PS— RICHARDS 01 -26A 04 -27 -09 UPS— 2% 10 N 30 I QTY. ORDERED QTY. SHIPPED B/O PRODUCT NO. DESCRIPTION PRICE AMOUNT j I EA 1 M -74 -206 TOKEN, KEY, BILL PANEL 75.000 75.00 ONLY I FROM 5/15/09 TILL 6/30/09 15% DISCOUNT ON WOOD TEES AND RANGE BALLS FOR MORE DETAILS AND MORE GREAT BUYS CALL 1800-869-1800 *1f �F 1f*IF*iF*1F 111l 1! ****iF 1►******** *1F I l RECEIVE i APR 3.0 2009 BY: Our list of references starts here! Wittek is the exclusive Range Equipment Supplier to... 0 PGA Learning Center i PGA Galt Club SUBTOTAL DISCOUNT TAX SHIPPING TOTAL PAYMENT RECD. AMOUNT 75.00 O/ D.0 .0.6/ 0.00 27.60 102.60 102.60 1 A SERVICE CHARGE OF 1.5% PER MONTH (ANNUAL RATE SEE TERMS CONDITIONS I 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. 30 10V I ti �A� S N:j111`1tIN —A0 3 TA Q GENERAL TERMS ARID CONDIT=S OF SALE 1. PRICE. The pliC C9V1haxRbA% the date of shipment. Stenographic and dental efrors are subject to correction. 2. PAYMENT. cl S 0 tc&h6 soikS 0 e1 G;q. In the event that payment is not made as provided on the fine hereof. Buyer agrees to pay a late fee computed at the rate of taxi annum, or i ire% per, month on any amounts not paid when due. Notwithstanding such lama of payment, ft at any time Seller in good faith deam3 itself insecure for any reason whatsoever it may be charged to the Buyer's account. The status of all Sellers a=nts receivable are reported to collection bureaus 3. TAXES. c In addition to the price provided herein, Buyer shall pay Seller the amount of any sales, use o other taxes now or hereafter imposed b a'y3ederaf Stale or local taxing authority upon or with respect to the sake, purchase or delivery of the goods. If state tax audits require us to pay Was cr use tau in connection with the transaction, the Buyer will be required to reimburse us the full amount of such taxes paid plus any interest amount 3 M S I A- 1 O Y I 10 J J M r r1 A J 90 Y T i J a. 3(NU1100 =)Jt_!J 3S1 1 Fl >100% A80 :JE!gL10J 'AJOJ Jq 11- 18A00518 Add Buyer is re r; o all ttyl'g�'M tSr& FO. joY�f =(3, Seller reserves the right to designate the routing on al rh �il t i9 at r�y SPt` 1'`� requested shipping or ivV I a ql) shipmartts wn"dba B, SP POINT unless othervaso designated. s RISK OF LOSS. Risk of loss for the goods shall pass to Buyer upon delivery by Seger to a common or private carrier for shipment to Buyer. 0. LIMITED WARRANTY TO BUYER. Seller warrants that at fie Erna of shipment and for warranty period set forth by Sager, the goods will be frca of defects in material and rvkmanship. This warranty does not apply to any goods which have bean reijlecisd, altered, abused, used for a purpose other than the one for erhich they ware manufactured, repaired by Buyer at any other person without Seller's written authorization, or t' -`e try +^Fnrwr inconsistent with Setsrs r Ic1 wlittar i f�tluttions. !pp ppr d fur I'1}h� ily far patent rnyrJg i( 'rig 1 era �r te_tcYf'� et s specifications. This warranty dam not Wver any components of the goods not manutzecured by SsilsrTSsllei herebq ass grh5 to Buyer any manuxCurar sna �t{ic$b fh®reto.`5eis warranties shag mat lea enlarged. or on any other way affected by, arid no obligation or liability shall vise or grow out of, SWks's rendering of technical advice or service in connection with Buyer's Order of goods. No representative of Seltar or other parson handling the goods is authorized to modify this Section or to use any warranty regarding the goods. 00- 0.\ EXCLUgh REN164M BREACH OFt AI .I J 10 t4 Y3>1 03NOT tat :t`; tit —M I A'_I I SELLER'S ENTIRE OBLIGATION UNDER THIS WARRANTY SHALL BE LIMITED (AT SELLER'S 0 ?y'10� �fo 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. it iF :�•w #•w ***it **Ma ar it tf a. ascuUaER: L�arrATtD� of REf��Y i EXCEPT AS EXPRESSLY PROVIDED HER f IN k E�hJ�) PR! J 1T QF&AF "tb ,1}XPRESS OR IMPLIED, WITH RESPECT TO THE GOODS SOLO HEREUNDER, WHETHER AS I NCIDENTAL OR CONSEQUENTIAL DAMAGES S OF ANY D F IPTI ��r1i 'f'6 IN W OTHER CONTRA NEGLIGENCE O OTHER TORT, OR OTHERWISE, THE PARTIES EXPRESSLY AGREE THAT THE rLHAjjA 11Qj j QF_fi9Di ]Al 1. Af It (4Q SE 1 .3411- DA!J@ )WET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SHALL SURVIVE THE DETERMINATION OF ANY COUn, 6(A1P7jAr URI 111% THA J NY JWf PRD 6E� HEREIN FAILS OF ITS ESSENTIAL PURPOSE. 0. AGErSAUTHORITY. (1110 1 east 0081 _I.JA.) c'YUfI T 'A3rr10 Buyer understands and agraps taj rtQ;pgpl,grr pyep W %W%A0V 11 y Sp ;tri4v gyr tQ any affirmation, representation of warranty conceming the goods which is not W forth herein, and Buyer further understands and agrees that any such affirmation of fed, promise or rWesentation made by any agent, empthyee or representative of which is not set froth herein shag not constitute a warranty. 10. FORCE =EURE: ALLOCATION. Failure of Seller to maze all or any part of any shipment hereunder, d such failure is due to ads of Gad, war 1?bw difficulties, breakdown of damage to the plant facilities of Seger or Buyer's mosivN facilities, embargoes, shortages of any raw materiels or energy at reasonable prices or from regular sourez or on cccount of shortages thereof, delays or failure of any supplier to deliver, shategea of ttansprntatlon equipment, compliartoa %ft, any few or regulat m or order of any public authority and any other cause either similar or dissimilar beyond the control of the Sager, shag not sutiect Sager to any liability to the Buyer, std in such ovenl at the request of Sohn, the total quantity of goods to be shippzd wig not lea reduced by the quantity not shipped due to such causes. Should i Seger at any time be unable, due to any of the aforeaM caum, to �trpt its ow t yto�+s rs taqu$emants (including customers not under supply contract) of any goods soA hereunder, SsIW will elkxate fts ava.Jabta supply of such goods le its rustorn='anauch f it 4 aS'rlrrtly (bsRteeef!§s ar'A in such event Setter shall not be liable to Buyer for failure to ship Buyer the full quantity of the goods contracted for and the balance of any such order roll be cancelled. 11. TITLE RETENT*N, Seger retains title on all merchandise until paid in fug. 12 CLAIMS. All orders are carefully pedraged for safe shipment. If you receive a bio`ceii or damaged pcofia contract the tamer immediately to file a claim. Notify Wier within five days of receipt of goods it there is a discrepancy Wth your order. 13. RETURNS. Buyer may only return merchandise with Selar's rattan authorial tick. Upon consent, merchandise must ba returned vAthin 30 days of receipt, freight prepaid. All return items are subject to inspection before credit is authorized. Them is a 15% mtoching tea for all returned merchandise, Credits wilt be applied to Buyers account, only. Personafizsd and custom -made items may not be returned. 16, CHANGE$ AND CANCELLATION. Orders accepted by the Seger are not sub sd to change, except with the Ss]Ws 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. W. NOR WAIVER. Waiver by ow 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 this parties hereto shall be governed by the laws of the State of Illinois 10. EQUAL EMPLOYMENT OPPORTUNITY ICY.. U a 1) 1 The Seger af5mu its policy of providing E. ,ZtpP&� k i' to all empkhycbl dd. f CEnts for emp,{� .ur` �aticardance ��tb 4�app✓ �t)iaE1 Iral Empbymant Opportunity /Affig -0 Ac�i, V Laws, duactives and regulations of Federal, State and Loral governing bodies or agencies thereof. INVOICE Tv-117 ETTEff N NUMBER 219814 DATE 04 -30 -09 Committed To Serving The Game PAGE NO 1 3865 COMMERCIAL AVENUE NORTHBROOK, IL 60062 PHONE: 847- 943 2399.1- 800 869 -1800 SO N B R H 7 6 3 7 9 FAX: 847 412 -9591 WEBSITE: wiffekgolf.com CUSTOMER NO: 527228 SOL 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 KEN PS— RICHARDS 01 -26A 04 -30 -09 UPS 2% 10 N 30 QTY. ORDERED QTY. SHIPPED B/O PRODUCT NO. DESCRIPTION PRICE AMOUNT 6 EA 6 5752 -13 YELLOW LEXAN SIGN "NO 13.750 82.50 CHIPPING" FROM 5/15/09 TILL 6/30/09 15% DISCOUNT ON WOOD TEES AND RANGE BALLS FOR MORE DETAILS AND MORE GREAT BUYS CALL 1800 -869 -1 00 Our list of references starts here! Witteg is I the exclusive Range Equipment Supplier to... s PGA Learning Centers PGA Golf Club SUBTOTAL DISCOUNT TAX SHIPPING TOTAL PAYMENT RECD. AMOUNT 82.50 0.0 0.0 0.0 8.19 90.69 90.69 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. OVbj is GENERAL TERMS AND CONDITIONS OF SALE 1. PRICE. The prices 6.Je7thosd in)ekacd on the date of shipment. Stenographic and clerical errors are subject to correction. 2. PAYMENT. cGocBS are sold oh'al nettbhs s. 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 -1rz% 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 Sellers 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 b� any fe416ri 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. .Y 1 19 1`1 ,1 iii a. 3�tiQt �i? IC;� J �f I If..)c.):�I� -��_l, Buyer is re af(f�eighl.ghargasynf €rs JerVe-specifi�. Seller reserves the right to designate the routing on aIJ.1hNerits. SyJI1r �r�j attem t}o hor�cs��ut H�i,�no�g uarantee requested shipping or elivery dates. Al'shikments with tie'' �P 0,b. SOPIN POINT unless otherwise designated. i°g5f �a L ;)::'t• t•'! 1_iPI;� ?v:: 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 Setter's written authorization, or t1 t• .used in any manner inconsistent with Seller's oral or wriften i@%ructions.l B�Xer_ ls9dmes liabi�ity for patent r �ndteQpytightdniringem1M •ui1¢r�goat�s Nqt to•®yyer's specifications. This varranty does not cover any components of the goods not manu actured by Seller, but Se air hereby assigns to Buyer any fnanulacfurer's Warfarities 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. i Si,) EXCLI.21YUREMEOV FOR BREACH OF WARRANM 0 c' Vi A X .I v \It_l..i ;i Y r `_i V r! DEFECTIVE WITHIN THE WARRANTY PERIOD, OR, I T SELLER'S OPTION, IISS A CE OF C�REDiT OR F IJND OF TH P RCHA E WITH RESPECT T HE TO.RBUYER TO BE 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: LIMITATIOJ� REl:1EDY' t ;c it N. 1., •s A a •r s EXCEPT AS EXPRESSLY PROVIDED FI6REI�, ��LLERTyIAKE� q R�PR�S %jJ�ATION OB WAc�ITY; EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS SOLD HEREUNDER, WHETHER AS TO MERCHANT ,4BILITY, FITNE S FOR 11 rT �U�Al2 PURPOSE OR AN 'O WR MATTER. SELLER SHALL HAVE NO LIABILITY TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGE$$ bF AIRY Dh IPT1 ITT ERIAWSIN6�6Uf OF WARRANTY OR OTHER CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE. THE PARTIES EXPRESSLY AGREE THAT THE�tMiRAjfJOop OF- INCIPI;M141. gNP;�pfISEQUffIAL 0AT4F.a5WET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SHALL SURVIVE THE DETERMINATION OF ANY COUR Of �QVP i JURI�DICJIRN THA ANY REMEQY FIR ID50 HEREIN FAILS OF ITS ESSENTIAL PURPOSE. 9. AGENT'S AUTHORITY. t Ir ..'r�+t.1 L; 1 1 J 1A'.) c''1 8 L: Buyer understands and agrees that.2o agent, emP)AY 4r leRre e[ua(Ive of Seller has �uthorityJo.birl)i SeIIQr.t 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. Nofify Seller within five days of receipt of goods if there is a discrepancy with your order. 13. RETURNS. Buyer may only return merchandise with Seiler'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. i The Seller affirms its policy of providing Equa)Op�BAunity to all employees 5nd applicants for empl4�rhenttirl acoordancdAnth 9 ap Cual Employment OpportunitylAfOrinalive Wo"') Laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof. INVOICE NUMBER 219820 DATE 04 -30 -09 Committed To Serving The Game PAGE NO 1 3865 COMMERCIAL AVENUE NORTHBROOK, IL 60062 PHONE: 847. 943.2399.1- 800 -869 -1800 SO NBR H77496 FAX: 847.412 -9591 WEBSITE: wittekgolf.com CUSTOMER NO: 527228 SOLD CITY OF CARMEL SHIP BROOKSHIRE GOLF COURSE TO DBA BROOKSHIRE GOLF COURSE TO 121.20 BROOKSHIRE PKWY 12120 BROOKSHIRE PKWY CARMEL, IN 46033 CARMEL, IN 46033 CUSTOMER ORDER NO. SALESMAN OFFICE CODE DATE SHIPPED VIA PCs. TERMS PS— RICHARDS 01 -26A 04 -30 -09 UPS —IDA 21, 10 N 30 J QTY. ORDERED QTY. SHIPPED BIO PRODU&T NO. DESCRIPTION PRICE AMOUNT I EA 1 74243 ACCUMULATOR BOARD 210.000 210.00 WITH YELLOW WIRE BOTH WIRE FROM 5/15/09 TILL 6/30/09 15% DISCOUNT ON WOOD TEES AND RANGE BALLS FOR MORE DETAILS AND MORE GREAT BUYS CALL 1800 869- -1 00 I, I Our list of references starts 1lerel w ittek is the exclusive Range Equipment Supplier to... f PGA Learning Center( 1b PGA Golf Cl SUBTOTAL DISCOUNT TAX SHIPPING TOTAL PAYMENT RECD. AMOUNT 210.00 0.0 O. (Y. 0.0 1 23.75 233.75 233.75 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. IJ e't,.i 1.i r t.r GENERAL TERMS AND CONDITIONS OF SALE 1. PRICE. The driceda`dhosej inlet don the date of shipment. Stenographic and clerical errors are subject to correction. 3. pAYPENT. r %&t are sd1d )a +net'bdsrs. 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 16% annum or t -1r2% 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. 31 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 anyiedeial, 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:plys,arr,is {efeVamooun r;_� :d; i ,.:111iA r 1 `1` i i J 4. SHIPMENT,t if' -j f. (J':?j,t., .t f 4 t j t Ifs i at;� t')tJ:•ii_ 1�_il_. Buyer is responsible for all treigor _gharge unless otherwise sp fi .Salley reserves the right to designate the routing on aYitti 1T,14s. S ilgr prijl.p temj {tq hoftf ut tgI nottgu rasntee requested shipping or deliv da[es�. All shipmen all be F.0:6'SHIP IN ery POINT unless otherwise designated. S. 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 prat or written instructions. rB fy)erassymes �a4iljty for patent app copyright i InfdngemeriI:gA�e�rjgoods are m4detorByyees specifications. This warranty does not cover any components of the goods nod manufactured by Seller, I ul Seller hereby assigns to Buyer any inanufadurer's warrantees applicable th'ereto. Sellers warranties steall riot 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 goals, 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 l X7. EXCLd9k AEM6+ FOR BREACH OF WARRANTY. 1 i AI) F1 i i a 0. t I i Y .I°• C, d+ F A i r SELLER'S ENTIRE OBLIGATION UNDER THIS WARRANTY SHAL AEILtq TIP(AIT $E LER,S OPTIPM) L1 REPAIR OR REPLACEMENT OF ANY GOODS WHICH PROVE TO BE DEFECTIVE WITHIN THE WARRANTY PERIOD, OR, AT SELLER'S OPTIbN, ISSUANCE OF CF DR {2EFUill) OF THE PURCHASE PRICE WITH RESPECT THERETO. BUYER SHALL BE ENTITLED TO A REMEDY HEREUNDER ONLY IF IT NOTIFIES SELLER IN WRITING OF THE�AL I<GED AR66l4bF 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'HERE111; SELLER MAKES •NO REPRESENTATION OR +WARRANTY; EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS SOLD HEREUNDER, WHETHER AS TO MERCHANTAB JT 7.OF' Ft7 fdE SFOR PARTICULAR.P��RPQ E OR,ANY �ll Rav1ATTER. SELLER SHALL HAVE NO LIABILITY TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES tOP �NYf LI�SRf Y A�3IS1Ne; t WAFRA OR OTHER CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE. THE PARTIES EXPRESSLY AGREE THAT THE Lfh1fTAT10lJ t1F IN(v(DPNTAL AjJD Ct3J S�,' 11ENTIAL DAI AGE95ET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SHALL SURVIVE THE DETERMINA710N OF ANY COURT OF �t�A�PETENTJ�JR Sp(CTIQM TEAT AI Y FEMFDY PRO IB HEREIN FAILS OF ITS ESSENTIAL PURPOSE. 9. AGENT'S AUTHORITY. _jrj( lj j i r_ A ll Buyer understands and agree .thatop agent.,elgyel r p e entative of aller ha ,Bu�hon y to Find Spitler iT any affirmation, representation or warranty concerning the goods which is not set forth herein, and Buyer further and rst Mr $rid agr that a y u ifirm9lioh'8f f1ct, brots b mrepres46165rmade 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 rile 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 Seiler 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 Stale of Illinois. 113, EQUAL EMPLOY61ENT OPPORTUNITY POLICY. f. The Seller affirms its policy of providing Equal Opportunity to all employees find. app6nts for empUd 6eot@ accordancef-with frll ap�iiclab {e Equal Employment OpportuoitytAfrirAi,ve a e Laws, directives and regulations of Federal. State and Local governing bodies or agencies thereof. Prescribes qy Site 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. �—r Payee i C F C Purchase Order No. 3 S �np» 12� i R-� �JJ Terms 426 Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 3D a tnekk"6_�C rZ-. o� iy ya7 0 �i 9 4/-7S' J P4(38-( /o 6 Total o 0 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 IN SUM OF Z/ Z ON ACCOUNT OF APPROPRIATION FOR Board Members PO# or INVOICE NO. ACCT #!TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or 0-6 .2 0 3 96 bill(s) is (are) true and correct and that the ,lJ j'7 396 -9 a, t, 9 materials or services itemized thereon for 1,20`2 7,P J2 /ba, which charge is made were ordered and received except 20 �i✓�t Signa tureo Title Cost distribution ledger classification if claim paid motor vehicle highway fund