HomeMy WebLinkAbout172104 04/29/2009 a CITY OF CARMEL, INDIANA VENDOR: 359355 Page 1 of 1
ONE CIVIC SQUARE WITTEK CHECK AMOUNT: $833.62
CARMEL, INDIANA 46032 3665 COMMERCIAL AVE
NORTHBROOK IL 60062 CHECK NUMBER: 172104
CHECK DATE: 4129/2009
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT D ESCRIPTION
1207 4467099 216929 279.98 OTHER EQUIPMENT
1207 4467099 217294 194 51 OTHER EQUIPMENT
1207 4238000 218456 683.19 SMALL TOOLS MINOR E
1207 4467099 218797 359.14 OTHER EQUIPMENT
1207 4238000 C26306 683.20 SMALL TOOLS MINOR E
I
CREDIT MEMO
NUMBER C26306
DATE 03 -30 -09
j Committed To Serving The Game. PAGE NO 1
3865 COMMERCIAL AVENUE NORTHBROOK, IL 60062
PHONE: 847 943 2399.1- 800 869 -1800 SO NBR XH74969
FAX: 847 412 -9591 WEBSITE: wittekgolf.com
CUSTOMER NO: 527228
SOLD CITY OF CARMEL SHIP CITY OF CARMEL
TO DBA BROOKSHIRE GOLF COURSE TO 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 MILLER PS— RICHARDS 01 -26A 03 -30 -09 BEST WAY
CITY. ORDERED QTY. SHIPPED B/O PRODUCT NO. DESCRIPTION PRICE AMOUNT
—1 EA 74233 BILL ACCEPTOR ONLY 675.000 675.00
1# 216125 CREDIT IN FULL
i c
p
Our list of references starts here! Wittek is
the exclusive flange Equipment Supplier to...
PGA Learning Center
PGA Golf Club
SUBTOTAL DISCOUNT TAX SHIPPING TOTAL PAYMENT REC'D. AMOUNT
675.00 0.0 0 .(5/o 0.0 —8.20 683.20 683.20
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.
f GENERAL TERMS AND CONDITIONS OF SALE
1. PRICE.
The prices erHhose- frfeffeorbn the date of shipment. Stenographic and clerical errors are subject to correction.
2.. PAYMENT.
GcAss are soldbri a het 6aVis. In the event that payment is not made as provided on the face hereof, Buyer agrees to pay a late fee computed at the rate of 18% annum, or I-M 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. t-, i
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 J Frj 1 r v i" r r r
4. SHIpMiN j• jt ii 'Ilk ,j. ,r; -i11,-)t 1, ;f n it;
Buyer is respdns(bt4r all frejgpt charges.unlesq ptherwise spe cifleq. Seller reserves the right to designate the routing on all hiQrmrits. Sellgr,willfattempt tgh000r b w i4 not �uerantee
requested shipping or delivery dates. All shipmentg will be F O.B. I PPING POINT unless otherwise designated.
1.r.0 Pa J E li.
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 Sellers written authorization, Of
used in any manner inconsistent with Sellers,orgi, or written i f;t;uctions. EuyQrassumeslipbility for patent arlq copyright infringemegt.wlten goads are�n to.Buyers specifications. This warranty I
does not cover any components of the goods not manufactured by Seller, but Seller hereby assigns to Buyer any manufacturers warranties applicable thereto. `Sell'er'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 Buyers 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.
tl 7. 1 EXCLUSNE REMEDY FOR BREACH OFWARRANTY. rt.!I� t I c t- =1 f
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 DISCOY f Y SHOWLPHAVP BEEN.MADE IN TF E EXERCISE OF REASONABLE DILIGENCE.
6. 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 A D QN!jEQU,ENTIAL DAMAGES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SHALL
SURVIVE THE DETERMINATION OF ANY COURT OF COMPETENT JURISDICTI. Tt 1S 7 �ry�y 1' I Eiv19f p 'tt 7 1T FAILS OF ITS ESSENTIAL PURPOSE.
9. AGENT'S AUTHORITY. i
Buyer understands and agrees that no agent, employee or representative df Seller has L� t ntiro an"olle; to any affiliation, representation or warranty concerning the goods which is not
set forth herein, and Buyer further understands and agrees that any such affirmatioh of fact, pfomis�br Pepreseritafidblmade by +y agent, employee or representative of which is not set forth herein
shall not constitute a warranty. s
f
10. FORCE NaAJEURE: ALLOCATION. r
Failure of Seller to make all or any part of any shipment hereunder, if such failure is due to acts of God, wer la d rTCuties, breakdown or damage to the plant facilifies of Seller or Buyers
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
quantify of the goods contracted for and the balance of any such order will be cancelled.
11. TITLE RETENTION.
Seller retains fille on all merchandise unfit 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 Sellers written authorization. Upon consent, merchandise must be returned within 30 days of receipt, freight prepaid. All return items are subject to
inspection before credit is authorized. There is a 15% restocking fee for all returned merchandise. Credits will be applied to Buyers account, only. Personalized and custom -made items may not be
returned.
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.
10. EQUAL EMPLOYMENT OPPORTUNITY POLICY.
I) The Seller affirms its policy of providing EOaL-Oppbrtadityto all employeds'And.applicants for emploikbnt inlaccordance Wth.Aappliddble.Egbal Employment Opportunity /AffilmdWe Action
Laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof.
INVOICE
NUMBER 2 -16929
1 X I
HATE 03 -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. H73993
FAX: 847- 412 -9591 WEBSITE: wittekgolt.com
CUSTOMER NO: 527228
-SOLO CITY OF CARMEL S HIP CITY OF CARMEL
TO
DBA BROOKSHIRE GOLF COURSE DBA BROOKSHIRE GOLF COURSE
12120 BROOKSHIRE PKWY 12120 BROOKSHIRE PKWY
CARMEL, IN 46033 CARMEL, IN 46033
I
CUSTOMER ORDER NO. SALESMAN, OFFICE CODE DATE SHIPPED VIA PCs. TERMS I
KEN MILLER PS— RICHARDS 01 -26A 03 -19 -09 UPS 2% 10 N 30
OTY. ORDERED CITY. SHIPPED B/O PRODUCT.NO. A. DESCRIPTION PRICE AMOUNT`,
100 EA 100 74311 GOLF KEY 2.750 275.00
237
i
49418
PLEASE UPDATE
YOUR REMIT TO RECORDS
3865 COMMERCIAL AVE
NORTHBROOK IL 60062
APR 4 '4200
Our list OP 'eleretices starts here! With k is
the eiidusi i$' c ng8 Et1Ulplt111111110 1 d :r to...
PGA Len, mi ng Center
r.,
PGA Golf Club
SUBTOTAL DISCOUNT y TAX SHIPPING TOTAL PAYMENT REC'D. AMOUNT
i
275.00 0.0 O.C/ 0.0 4.98 279.98 279.98
A SERVICE CHARGE OF 1.5% PER MONTH (ANNUAL RATE D�O�NRESVJERSE CONDfTIQNS
18 WILL BE ADDED TO INVOICES UNPAID AFTER 30 DAYS SIDE
DAMAGE AND SHORTAGE CLAIMS SHOULD BE MADE TO TRANSPORTATION COMPANY. NO MERCHANDISE ON THIS fNVOICE 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.
GENERAL TERMS AND CONDITIONS OF SALE
1. PRICE.
The prices 6i those.in aft1k 6n the date of shipment. Stenographic and clerical errors are subject to correction.
2. PAYMENT.
t: t' �o�vd`s are sold o5ila 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 1.12% per month on
any amounts not paid when due. Notwithstanding such terms of payment, if at any time Seller in good faith deems itself insecure for any reason whatsoever it may be charged to the Buyer's account.
The status of all Sellers accounts receivable are reported to collection bureaus.
3. TAXES. y
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 an'y'fede(l, 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, t „'rj y i r 1 J i 1
4. 1•SHIEfdT1 _1 i }j,,:iil lr 'ir`t !'iH' F :i;,j( r, i i�t' I (.f) +t;Utilrf 'tr I
Buyer is respWiple for atLfrejglft �gprges un)esspthervgse spgcifiect. Seller reserves the right to designate the routing on allShiprt qn(. Seller lltaJ�empyct pgnor,yt wii4 not quarar�tee
requested shipping or delivery dates. All s ipmenls be F:0.8. SHIPPIIFVjG:P01NTunLess otherwise designated.
I i iN VII 1 .i 'f i r' tJ, r+ f r t. j a!''j'•i:'.
5. RISC( 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 Sellers oral or written io�tructions. Buyqr assures liability for patent and.ppyright iafringenlerttwheq goods arp made to Buy specifications. This wa�r(anty
does notcovef any components of the goods not manufactured by Seller, but Seller hereby assigns to Buyer Any Anufaclurees warrWids applicAbte tihAreto. `Seller's warranties shall noPbe e'nldrged,
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 Buyers 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.
Y. .t EXCLUSW REMEDY FOR BREACH OF WARRANTY. J
SELLER'S ENTIRE OBLIGATION UNDER THIS WARRANTY SHALL BE LIMITED (AT SELLER'S OPTIQN).TO REPAIR OR REPLACEMENT OF ANY GOODS WHICH PROVE TO BE
DEFECTIVE WITHIN THE WARRANTY PERIOD, OR, AT SELLER'S OPTION, ISSUANCE OF A CREDIT OR REFUND OF THE PURCHASE PRICE WITH RESPECT THERETO. BUYER SHALL BE
ENTITLED TO A REMEDY HEREUNDER ONLY IF IT NOTIFIES SELLER IN WRITING OF THE ALLEGED BREACH OF WARRANTY BEFORE THE EXPIRATION OF THE WARRANTY AND WITHIN
TEN DAYS AFTER THE EARLIER OF THE DATE OF DISCOVERY SHOULD HAVE BEEN MADE IN THE EXERCISE OF REASONABLE DILIGENCE.
8. DISCLAIMER: LIMITATION OF REMEDY.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, SELLER MAKES N0 ENTEyTION OR WgRANTY. EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS SOLD
HEREUNDER, WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICU R PURE' SE OR AN OTHER MATTER. SELLER SHALL HAVE NO LIABILITY TO ANY PERSON FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY DESbRI1Ph6kIWHETHER ARISINGOUT- ORjYJA kANTY+OR OTHER CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE.
THE PARTIES EXPRESSLY AGREE THAT THE LIMITATIONS OF INEIQENTALAND COj�S400PNT)AL D/ MAGP$;SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SHALL
SURVIVE THE DETERMINATION OF ANY COURT OF COMPETENT JURISDICTIONJHAT Ahf REMEDY.PR IDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
9. AGENT'S AUTHORITY.
Buyer understands and agrees that no agent, employee or representative of Seiler 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 Buyers
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 7 rr
12. CLAIMS.
All orders are carefully packaged for safe shipment. If you rgtj bfoky"n org,k'p qed packap contact the carrier immediately to file a claim. Notify Seiler within five days of receipt of goods
if there is a discrepancy with your order.
i
13. RETURNS.
Buyer may only return merchandise with Sellers ,tarrecmorrati rir ip ll s8m.me4i&ise 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.
10. EQUAL EMPLOYMENT OPPORTUNITY POLICY.
The Seller affirms its policy of providing EQu� Opportunity to alt employees and applicants for empI@rhtrq ifi6ccordance Wltkail.bpp6r3pJe Equal Employment Opportunity /Affiririntive,Ad6,9
Laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof.
INVOICE
NUMBER 217294
ww DATE 03 -31 -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 BR H 7 3 2 9 1
FAX: 847 412 -9591 WEBSITE: wiftekgolf.com
CUSTOMER NO: 527228
.SOTS CITY OF CARMEL S
TIO BROOKSHIRE GOLF COURSE
DBA BROOKSHIRE GOLF COURSE ATTN MELISSA MONTGOMERY
12120 BROOKSHIRE PKWY 12120 BROOKSHIRE PKWY
CARMEL, IN 46033 CARMEL, IN 46033
i
CUSTOMER ORDER NO. SALESMAN OFFICE CODE DATE SHIPPED VIA PCs. TERMS j
022309 -1 RICHARDSON 01 -26 03 -30 -09 UPS 2% 10"112 "30
OTY. ORDERED QTY. SHIPPED B/O PRODUCT NO. DESCRIPTION PRICE AMOUNT I
i
125 EA 125 400 —P TRAPEZOID BAG TAG 1.470 183.75
j RED TAGS
USE THE CIRCULAR LOGO AS
ATTACHED.
USE WHITE INSTEAD OF BLACK
IMPRINT ON THE LOWER HALF.
ANY QUESTIONS PLEASE CALL
STEVE AT WITTEK GOLF
9183966
PLEASE UPDATE
YOUR REMIT TO RECORDS
3865 COMMERCIAL AVE
NORTHBROOK IL 60062
I
I
Our list of references starts here! Wittek is
j the exclusive Range Equipment Supplier to...
I
'CAA Lc ruing Center
I
PGA Golf C lub'
I I SUBTOTAL DISCOUNT TAX SHIPPING TOTAL PAYMENT RECD. AMOUNT
183.75 0% 0. 0 0.6% 0.00 10.76 194.51 194.51
I
A SERVICE CHARGE OF 1.5% PER MONTH (ANNUAL RATE SEE TERMS CONDITIONS �f(
18 WILL BE ADDED TO INVOICES UNPAID AFTER 30 DAYS I 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.
rl
U 1 AU GENERAL TEES AAD CONDITIONS OF SALE
1. PRICE.
The prices(aielhosX isttebtlat the date of shipment. Stenographic and clerical errors are subixt to correction.
2. PAYMENT.
i t `1 trZoU are sad M 6Ufb35i>a. In the event that payment is rot made as provided on the face hereof. Buyer sgrm to pay a late tea computed at the rate of 1e% annum, or I- W% per month on
any amounts not paid when due. Notwithstanding such terms of payment, N at any time Seiler 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 removable are reported to collection bureaus.
3. TAXES. 1
In addition to the price provided herein, Buyer shall pay Seller the amount of any sales, use or other taxes now or hereafter imposed �y Shyleder2l, c 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 saes or use fax in connsctan worth the transaction, the Buyer will be required to reimburse us the full amount of
such taxes paid yl'9m�s) at l o. l t "i I I I C ;10 1'rl d _J 7 M ii A j 1 Y 1 1
4. sHi takkTIP10) )l VIOM A 1 JAM M s a AO 3,I 11 AdO
Buyers r x1 for i ct1 ore Seller reserves the n e s r to des pate the routing on alt I t t i I of tea
14; r, r,�2�'� n9 t0 9 >R�1F�1�'�'
requested shipping or wary da es, All sfuQ U wi 6a r.0. Sf�t P A G POINT unless other ise designated.
t.. t.,) V' I t _I .!M'.IA..; E 0� I/I1 r -J 1MlilV)
S. RISK OF LOSS.
Risk of bas for the goods shall pass to Buyer upon delivery by Seller to a common or private carrier for shipment to Buyer.
0. LIVITED WARRANTY TO DUYEFL
Seller warrants that at the tint$ of shipment and for warranty period sot forth by Seller, the goods will be free of dafeds in material and uUrhmanship. This warranty does not apply to any goods
which have been neglected, altered, abused, used for a purpm other than the one for Which they ware manufactured, repaired by Buyer or any other parson without Selfer's written authorization, of
1) i, i• sect 5 any n� inconsistent with Seder's oral or wrilt J >fucttons. �y u I' I y for patont and ytig t in 'ngement T' }3�V7 er s specifications This warranty
r to o1Br�
y rn
does ndcavar any components of the goods not manufactured by Seller, but S�'sr hie sby assigns to Buyer anq nun ac�rer's warren applrca a there o. Sei s warranties shall not ba enlarged.
or in any other way affected by, and no obligation or liability shat) vise or grow out of. SelVs rendering of techniczf advice or service in Connection with Buyers 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.
r' 1 ty I EXCLUIN, kER1&Y FOR GREAC14 OF VUARRANTV. r 1 %i l r J A `I f 1 l) c 1 1 1.A i1 I C l 1) 0
SELLER'S ENTIRE OBLIGATION UNDER THIS WARRANTY OS�HALLL, BE Lltd TTED (AT SgL4;EIj Q3PTl g- REPAIR OR REPLACEMENT OF ANY GOODS WHICH PROVE TO BE SS 'CE E TLED TO AA RE MEDY E E ONLY 11 �TIFiC3 St�L�R luNG- Tl1E hl.LEL3ED R WARRANTY BEFORE THE EXPIRATION OF THE WARRANTY AND WITHIN
TEN DAYS AFTER THE EARLIER OF THE DATE OF DISCOVERY SHOULD HAVE BEEN MADEZ1�d �tltg:PR�t REASONABLE DILIGENCE.
8. DISCLAMR: LE71TAT= OF REL"EDIK,r A 18 4u 0 A 3 TT,. VI 1 3 3 1 J
EXCET AS HEREUNDER, 0 MERCHANTABII�FITNESS FOR AN OTti R�R. SE SELLER SHALL HAVE NO LiABiL TO 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 LI 9r' PSIS g A�l�Ifj+Jfj ljAl (0}�AdFr�t(iI�ET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SHALL
SURVIVE THE DETERMINATION OF ANY COURT OF COMP£.TF JT JU� 111D1�T "U NY PEMED) Qj2gypp HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
e. AGENTS AUTHORITY. ll I w H v
Buyer understands and agrees that no agent, employee or reprerntative of Seller has authority to bind Seller to any affirmation, representation o( warranty conceming the goods which is not
set forth herein, and Buyer further understands and agrees that any such affirmation of fad, promise or representation made by any agent. employee or representative of which is not set forth herein
shall not constitute a warranty. c,'
u�+, .I' i :r', r'-1
10. FORCE I�EURE: ALLOCAr1Diy. lit
FOure of Salter to mako an or any pert of any shipment gjtA V f fa 13 is dbe Ion ZL OjGoQ ►r4 ,JhYr diffiaitias, breakdown or damage to the plant facilities of Seiler or Buyer's
receiving fecii!Aw, embergom, shortages of any raw materials or er"y at re ble p V== U PC ,;w sAur on Mount of shortages thareot. delays or failure of any supplier to deliver,
shatagea of transportation equipment, ocri*ier� w th any law or regula@bn m• of u alts' cause either similar or dissimilar beyond the control of the Seller, shall not
submit Seller to any Liability to the Buyer, and in such event, at the t§que€fid1fo, er, piaflowa bq 6tf4spd,4A will not be reduced by the quantity not shipped due to such causes. Should
Seller at eny Ems be unaba, due to any of the aloresd causes, to supply its own end Ch of its custim>wrs' requirements (including customers not under supply contract) of any goods sold hereunder,
S91W YA allocate Its avebbfa supply of such goods to its customers on such term as it may deem edviseNa and in such evalt Seller shall not be liable to Buyer for failure to ship Buyer the full
quantity of tha goods contracted for and die balance of any such order W be cancwllad.
11. TITLE RMNTIOM,
Seller retains btle on all merchandise until paid in full.
12. CLAIVS.
4 orders are carefully packaged for safe shipment. If you receive a broken or damaged pie, confect the carrier immediately to file a claim Notily Seller within five days of receipt of goods
it tnere is a discrepancy with your order.
13. RETURNS.
Buyer may only return merchandise with Sellers written authoriaeEai. Upon consent, merdtzndise must to returned within 30 days 0 receipt, freight prepaid. All return items are sulrect to
inspection before credit is authorized. Them is a 15% restocking fee for ?-'I 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 sub;sct to change, except wb the Sellers consent
15. ENTIRE CONTRACT.
These terms and conditions constitute the entire contract between Buyer and Seiler, transcending any oral arrangements or representations which may be inconsistent therewith.
18. NON WAIVER.
Waiver by either Setter or Buyer of a breach or provision heed shall not be deemed a waiver of future compliance therevnth and such provision shall remain in full lace and effect.
17. APPLICABLE LAV.
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.
l N 4. I The Seiler affirms its policy of providing Equal'Op�Pirfunity to all employed ern Wlitants for emp(oyirkat Lnfaccordance6th Employment Opportunity /Affirmative kt�jA I
Laws, directives and rsgulatrons of Federal, State and Local governing bodies or agencies thereof,
I
4
INVOICE
NUMBER 218797
]UE
DATE 04-20 -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 H75967
FAX: 847 412 -9591 WEBSITE: wittekgolf.com
CUSTOMER NO: 527228
SOLD CITY OF CARMEL SHIP CITY OF CARMEL
TO DBA BROOKSHIRE GOLF COURSE TO 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 -15 -09 UPS 27. 10 N 30
1 QTY. ORDERED QTY. SHIPPED B/O PRODUCT NO. DESCRIPTION PRICE AMOUNT
4 EA 4 83119 MAGNUM HARVESTER BASKET 85.000 340.00
787002
PLEASE UPDATE
YOUR REMIT TO RECORDS
3865 COMMERCIAL AVE
NORTHBROOK IL 60062
0
But list of references star €s here! Wittel is
the euciusi a Mange Equipment Supplier tea...
PGA Learn Center
6 PGA Golf Club
j
SUBTOTAL DISCOUNT TAX SHIPPING TOTAL PAYMENT REC'D. AMOUNT j
i
340.00 0.0 0.(3/o 0.0 19.14 359.14 359.14
A SERVICE CHARGE OF 1.5% PER MONTH (ANNUAL RATE SEE TERMS CONDITIONS 1 7" ffiw
18 WILL BE ADDED TO INVOICES UNPAID AFTER 30 DAYS ON REVERSE SIDE 1
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 ATANY TIME.
GENERAL TERMS AND CONDITIONS OF SALE
1. PRICE.
The prices' are'thosel in effect on the date of shipment. Stenographic and clerical errors are subject to correction.
2. PAYMENT.
Gods aresoid'oh' 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 16% annum, or 1 112% 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 Buyers 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 by any federal, state or local taxing authority upon or Oth
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, t I y f i f t
4. -a c.'SHiRl E�1T� 1 h 1 i rr 4i iE ir.:e j i s i:�'
Buyer is ra air 4rgigh# 1{faargeg Vpless otheryvfee specified. Seller reserves the right to designate the routing on all shprrfents. SeI* 011.attempt to honor but Hit nollguarptee
requested shipping or ddelivery dafes. All shipments will beF.0.8. SHIPPING POINT unless otherwise designated.
5. RISC( 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 wfll be tree 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
psedtn any manner inconsistent with Seller's oral or written jnstructions. t Btrusr.assufnes liability for patent and copyripht�ntringerngnt when gads are made to-Buyers specifications. This warranty
does not cover any components of the goods not manufactured by Seller, b! Seller hereby assigns to Buyer any inanu7acturers warranties applicable thereto Seller's warranties shatl not be enlarged,
of 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 Buyers order of goods. No representative of
Setter or other person handling the goods is authorized to modify this Section or to use any warranty regarding the goods.
f7,'' YV.:t V,��.'i t. i t�'�:
7.� EXCLlJ81VE REMEDY FOR BREACH OF WARRANTY.
SELLER'S ENTIRE OBLIGATION UNDER THIS WARRANTY SHALL BE LIMITED (AT SELLER'S OPTION) TO REPAIR OR REPLACEMENT OF ANY GOODS WHICH PROVE TO BE
DEFECTIVE WITHIN THE WARRANTY PERIOD, OR, AT SELLER'S OPTION, ISSUANCE OF A CREDIT OR REFUND OF THE PURCHASE PRICE WITH RESPECT THERETO. BUYER SHALL BE
ENTITLED TO A REMEDY HEREUNDER ONLY IF IT NOTIFIES SELLER IN WRITING OF THE ALLEGED BREACH OF WARRANTY BEFORE THE EXPIRATION OF THE WARRANTY AND WITHIN
TEN DAYS AFTER THE EARLIER OF THE DATE OF DISCOVERY SHOULD HAVE BEEN MADE IN TF E EXERCISE OF REASONABLE DILIGENCE.
8. DISCLAIMER: LIMITATION OF REMEDY. i A A 1
EXCEPT AS EXPRESSLY PROVIDED HEREIN, SEL U,''fyfAfl;ES O REPRESENTATION 013 ylARR ANTY OR IMPLIED, WITH RESPECT TO THE GOODS SOLD
HEREUNDER, WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTJ� ILARPURPP OR ANY OTT,H�ER MATTER. SELLER SHALL HAVE NO LIABILITY TO ANY PERSON FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY DESCRIPTION, WHETHER kl�bhi OUT OF WARIt4NTY OR OTHER CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE.
THE PARTIES EXPRESSLY AGREE THAT THE LIMITATIONS OF gCJDQNTAL ANp DA14AGES 5ET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SHALL
SURVIVE THE DETERMINATION OF ANY COURT OF COMPETENT J1IRISDICTION 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 sue,, uc is due`to of God, war labor difficulties, breakdown or damage to the plant facilities of Seiler or Buyers
receiving facilities, embargoes, shortages of any raw materials or energy at re a aSle prices or iron ?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 tfi order of any public autt �av 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 requesE' *,eits r, In edptr:' quanfity_ci ids 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 sup, t. awn and ail.oT its cust"' sA' requirements (including customers not under supply contract) of any goods sold hereunder,
Seller will allocate its available supply of such goods to its custome f A tuck ter m3�g it may deem 3visable 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 r�t,cy w E� ba candled.
94. TITLE RETENTION.
Seller retains title on all merchandise until paid in f6l6-
12. CLAIMS.
All orders are carefully packaged for safe shipment. If you rect? a bml r9 damaged package, contact the carrier immediately to file a claim. Nobly Seller within five days of receipt of goods
it there is a discrepancy with your order.
13. RETURNS.
Buyer may only return merchandise with Seller's written authorization. Upon consent, merchandise must be returned within 30 days of receipt, freight prepaid. All return items are subject to
Inspection before credit is authorized. There is a 15% restocking fee for all returned merchandise. Credits will be applied to Buyers account, only. Personalized and custom -made items may not be
returned.
14. CHANGES AND CANCELLATION.
Orders accepted by the Seller are not subject to change, except with the Setters 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.
97, APPLICABLE LAW.
This agreement shall be construed and the rights and obligations of the parties hereto shall be governed by the laws of the Slate of Illinois.
18, EQUAL EMPLOYMENT OPPORTUNITY POLICY.
The Seller affirms its policy of providing Ehua! Opportil ihy to all employees and appllcants for empldyment'M accordance wiih tall applicable Equal Employment OpportunitylAffWrtative Action
Laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof,
INVOICE
Erg ,I NUMBER 218456
W .I.TE
DATE 04 -16 -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 5 9 6 6
FAX: 847 412 -9591 a WEBSITE: wittekgolf.com
CUSTOMER NO: 527228
SOLD CITY OF CARMEL SHIP CITY OF CARMEL
TO DBA BROOKSHIRE GOLF COURSE T O 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 -16 -09 UPS 27. 10 N 30
CITY. ORDERED CITY. SHIPPED B/O PRODUCT NO. DE PRICE AMOUNT
1 EA 1 74233 BILL ACCEPTOR ONLY 675.000 675.00
BAL OF ORDER DROP SHIPPED
PLEASE UPDATE
YOUR REMIT TO RECORDS
3865 COMMERCIAL AVE
NORTHBROOK IL 60062
6001 ddd
-Cl JAI 10
Our list of references starts here! Wittek is
the exclusive Range Equipment Supplier to...
P GA Learning Center
PGA Golf Club
I
I SUBTOTAL DISCOUNT TAX SHIPPING TOTAL PAYMENT REC'D. AMOUNT
I
675.00 0.0 0.0/0 0.0 8.19 683.19 683.19
A SERVICE CHARGE OF 1.5% PER MONTH (ANNUAL RATE SEE TERMS CONDITIONS I
18 WILL BE ADDED TO INVOICES UNPAID AFTER 30 DAYS I 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.
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 on a net basis. In the event that payment is not made as provided on the face hereof, Buyer agrees to pay a late fee computed at the rate of 16% 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 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 stale 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. t 1 r. t r I r I
1L 1_A A' r. 'f�rl7} thr f ..yrlii 1.) 1_ }l- ;.J ,4
4. SHIPMEPI,T,
Buyer is resp 4`lelfor a9 ffelghNhar6A Wass othenblsespedfiad. Seller reserves the right to designate the routing on alf`4 p 6rhs. Seller will 6tlernpi-t AGir'but' will noltgbarantee
requested shipping or deliverydates7 C(I s(ripmegts, will be F.O.B., Pf;IIPPING,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 Setters written authorization, or
used fi any manner inconsistent with Seller's oral or written instructions.; assuines 66ifity for patent 4. e.copyright'irifringement whenlgoods and made to 8dyer's specifications. This warranty
does not cover any components of the goods not manufactured by Seller, but Seller hereby assigns to Buyer any manufacturer's 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
Seller or other person handling the goods is authorized to modify this Section or to use any warranty regarding the goods.
l,J n'lii ,I--, Ilrllt J1'I l.tl i 1 ',1.� r
7. EXCLU�SNE REMEDY FOR BREACH OF WARRANTY.
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 NOTIF E�S,SELLER IN }N,RITING OF, THE ALLEG D BREACH OF WARRANTY BEFORE THE EXPIRATION OF THE WARRANTY AND WITHIN
TEN DAYS AFTER THE EARLIER OF THE DATE OF'OISCOERYSHOULD•HAVE BE _14 NAAOf4 IN THI 2X :R SEkF REASONABLE DILIGENCE.
6. DISCLAIMER: LIMITATION OF REMEDY.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, SELLER t W6- 00ItEFRRESEN'lAfldi�.6t •WARFt�,!EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS SOLD
HEREUNDER, WHETHER AS TO MERCHANTABILITY, FITNESS FQFj1R PAF�TIeULARP QR ANY,OT,1,ER:MATTER. SELLER SHALL HAVE NO LIABILITY TO ANY PERSON FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY DESCRIPTION„ HETHER ARISI�{G.OVT,O r N�AR F OR OTHER CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE.
THE PARTIES EXPRESSLY AGREE THAT THE LIMITATIONS OF 11VCIDE TdL ANb CIA ES 5ET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SHALL
SURVIVE THE DETERMINATION OF ANY COURT OF COMPETENT JURISDICTION THAT ANY REMEDY PROVIDED HEREIN:FAILSOF ITS ESSENTIAL PURPOSE.
9. AGENT'S AUTHORITY.
Buyer understands and agrees that no agent, employee or representative of Seller has authority to bind Seller W�.•� .4r- dfmFi, iepre�entation 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 =a;wu made by any agent, employee or representative of which is not set forth herein
shall not constitute a warranty. rp, R
10. FORCEMAJEURE: ALLOCATION.
Failure of Seller to make all or any part of any shipment hereunder, if such failure is due Acts of Gcd'v&I Ibbdr'difficulties, breakdown dr damage to the plant facilities of Seller or Buyers
receiving facilities, embargoes, shortages of any raw materials or energy at reasonable prices or froT regular sources or on account of*hort,' jop 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 gpdffrlyctfi�iz4seeitha,i Tt 1ro1 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 quantq,o fo,Lies p :r0 iiof be reduced by the quantify not shipped due to such causes. Should
Seller at anytime be unable, due to any of the aforesaid causes, to supply its own and all of its custonterb' Fegnir'ements (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 Sellers written authorization. Upon consent, merchandise must be returned within 30 days of receipt, freight prepaid. All return items are subject to
inspection before credit is authorized. There is a 15% restocking fee for all returned merchandise. Credits will be applied to Buyers account, only. Personalized and custom-made items may not be
returned.
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.
A0, EQUAL EMPLOYMENT OPPORTUNITY POLICY. LI i I f r, 1 i
The Seller affirms its policy of providing Equal dpportunity to all employees and applicants for employment in accordance voth all applica�Ie Equal Employment Opportunity /Affirmative Action
Laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof,
Prescribed by State eoardbf 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.
l Payee
Purchase Order No.
ae, ky n, `f44 )Q r)-` Terms
L 3 1 3 r RP_nCK� Z (0�(0, Date Due
Invoice Invoice Description Amount
Date Number (or note attached invoice(s) or bill(s))
ec'
zl�
Total P ik 6.2-
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 IN SUM OF
L2 01 0 1 L -61 C
ON ACCOUNT OF APPROPRIATION FOR
Board Members
PO# or INVOICE NO. ACCT /TITLE AMOUNT
DEPT. I hereby certify that the attached invoices or
a6 bill(s) is (are) true and correct and that the
/aG7 all 5 3, y materials or services itemized thereon for
�2p 9,2 9 which charge is made were ordered and
Zyy received except
1-2-6 9' 7 rt-
20
Signature
T er,:
Cost distribution ledger classification if Title
claim paid motor vehicle highway fund