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170628 04/01/2009 „G4 F CITY OF CARMEL, INDIANA VENDOR: 359355 Page 1 of 1 i ONE CIVIC SQUARE WITTEK CHECK AMOUNT: $1,644.72 �o CARMEL, INDIANA 46032 3865 COMMERCIAL AVE NORTHBROOK IL 60062 CHECK NUMBER: 170628 CHECK DATE: 4/112009 DEPA ACC OUNT PO NUM INVOIC NUMBER A MOUNT DESC RIPTION� mm 1207 4356007 215957 961.52 GOLF HARDGOODS 1207 4356007 216125 683.20 GOLF HARDGOODS I INVOICE NUMBER 215957 �n Eff DATE 03 -17 -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. H73536 FAX: 847 412 -9591 WEBSITE: wittekgolixom CUSTOMER NO: 527228 SOLD CITY OF CARMEL S TQ BROOKSHIRE G.C. DBA BROOKSHIRE GOLF COURSE ATTN MELISSA MONTGOMERY 12120 BROOKSHIRE PKWY 12120 BROOKSHIRE PKWY CARMEL, IN 46033 CARMEL, IN 46033 CUSTOMER ORDER NO, SALESMAN OFFICE CODE DATE SHIPPED VIA PCs. TERMS 022309 -3 RICHARDSON 01 -26 03 -13 -09 FFEDEX 27, 10 N 30 QTY ORDERED OTY. SHIPPED BIO PRODUCT NO. DESCRIPTION PRICE AMOUNT 6 EA 6 54010 EXPRESS RENTAL CART 150.000 900.00 564077 PLEASE UPDATE YOUR REMIT TO RECORDS 3865 COMMERCIAL AVE NORTHBROOK IL 60062 I I Our list of references starts here Wittek is the exclusive Range Equiprnpni Supplier t®... PGALearping Center PGA Golf Club SUBTOTAL DISCOUNT TAX SHIPPING TOTAL PAYMENT REC'D. AMOUNT 900.00 0.0 0. NO 0.00 61.52 961.52 9 61.52 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 ...r.,.� --m—A--, —eon n"v —M U n"nI CC nnl Tu IC 110kinICG M GFTI IRNIARI F I IN FRR GENERAL TERMS AND CONDITIONS OF SALE 1. PRICE. The �rices.04thosg pn effect on the date of shipment. Stenographic and clerical errors are subject to correction. 2. PAYMENT. Godds are sold r H a nel.0asis. 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 -tlz 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 charged to the Buyer's account. The status of all Seller's accounts receivable a €e 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 byany'f�deral, 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 amoul�t. V r.,! t_.I r ;t I i ,'1 7 t_; t SHItfiSl9EQIT,t >r r ii,1i'I t i :het i4' I: l; i tf t :sl 1� ft"I i�e,i It 1 Buyer is r po(lsibl,I for ell frrigf t. �tr,les otha !�Y15 especifie r d, Seller reserves the right to designate the routing on aos ipmgnts. Seller j I attemq l do w Itnot guarantee }n r 7 I_ -ift_ 4_•...+ requested shipping or delivery dates. A11 s ;pmen !.7 ts w11 "be F.O. SHIPPING POINT unless otherwise designated. S. 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. 5. LIMITED WARRANTY TO BUYER. Seller warrants that at the time of shipment and for warranty period set forth by Seller, the goods will be free of defects in material and workmanship. This warranty does not apply to any goods which have been neglected, altered, abused, used for a purpose other than the one -for which they were manufactured, repaired by Buyer or any other person without Seller's written authorization, or used In any manner inconsistent with Seller's oral or written fn trucions.. Buyer assumes IiaNlity for patent and,copyrigfrt wh�n,goo*are, ,made tg Buyer's specifications. This warranty does not cover any components of the goods not mani,fact�re by Selter, but Seller heredy assigns to Buyer rariy man�€aciurers warrar 4ej pptI' 16 Qrbt'o` 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 €n connection with Buyer's order of goods. No representative of Seiler or other person handling the goods is authorized to modify this Section or to use any warranty regarding the goods. l T. EXCLUSP REP IJ& FOR BREACH OF WARRANTY, 1 :'i:'IJ I I 'J, 15- -ln 1 t J i 1.+ i SELLER'S ENTIRE OBLIGATION UNDER THIS WARRANTY SHALL BE LIMITED (AT SELLER'S OPTION) TO REPAIR OR REPLACEMENT OF ANY GOODS WHICH PROVE TO BE DEFECTIVE WITHIN THE WARRANTY PERIOD, OR, AT SELLER'S OPTION, ISSUANCE OF A CREDIT 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 TYE,Er f CI31�.OF REASONABLE DILIGENCE, 8, DISCLAIMER: LIMITATION OF REMEDY. A I A'_! EXCEPT AS EXPRESSLY PROVIDED HEREIN, SELLER fyjA(tES NO REFR SEN A I0N WARf�Af(TY, EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS SOLD HEREUNDER, WHETHER AS TO MERCHANTABILITY, FITW� S FOR i1 PRRTICU R P�R t)SE OR ANY &HtR MATTER. SELLER SHALL HAVE NO LIABILITY TD ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY DESCRIPtION, WHt- `HER A 'RiSIO Ol1f WARRki 1T OR OTHER CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE. THE PARTIES EXPRESSLY AGREE THAT THE LIMITATIONS OF I C,1DFNTAL AND,CON$EQUEN DAMAGESISET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SHALL SURVIVE THE DETERMINATION OF ANY COURT OF COMPETENT JORISbICTION THAT ANY REMbY'PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. 9. AGENT'S AUTHORITY. Buyer understands and agrees that no agent, employee or representative of Seller has authority to bind Seller to any affirmation, representation or warranty concerning the goods which is not set forth herein, and Buyer further understands and agrees that any such affirmation of fact, promise or representation made by any agent, employee or representative of which is not set forth herein shall not constitute a warranty. 10. FORCE MAJEURE: ALLOCATION. Failure of Seller to make all or any part of any shipment hereunder, if such failure is due to acts of God, war labor diff!cuhies, 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 Seiler, 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. I 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 Seiler 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 Sellers 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. 18. 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 a The Seiler affirms its policy of providing E Iuaf Opffortu!iity to all employe6slgnd appitcants for emlllo tfieri6. accordance with bll app ldable Ejual Employment OpportunitylAffithfative fAdidn Laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof. n LUn iMW as xw!n znnn) n=inNV1HA 31VAllAd ON '1N3SNOD N31-1.18M Hf1O HlIM N3H1 AINO ONV SAVO CE NIH-LIM 30VW SI VAIV-10 INVOICE NUMBER 216125 DATE 03 -19 -09 Committed To Serving The Game. PAGE NO 1 3865 COMMERCIAL AVENUE NORTHBROOK, IL 60062 RHONE: 847 943 2399.1- 800 869 -1800 SO NBR H73992 FAX: 847- 412 -9591 WEBSITE: wiffekgolf.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 I CUSTOMER ORDER NO. SALESMAN OFFICE CODE DATE SHIPPED VIA PCs. TERMS KEN MILLER PS— RICHARDS 01 -26A 03 -19 -09 UPS 2% 10 N 30 QTY. ORDERED QTY. SHIPPED B/O PRODUCT NO. DESCRIPTION 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 MAR a tao� Out list of references starts here! Wittek is the exclusive Range Equipment Supplier to... PGA Learning Center PGA Golf Club SUBTOTAL DISCOUNT TAX SHIPPING TOTAL PAYMENT REC'D. AMOUNT I 675.00 0.0 0. ®'0 0.0 8.20 683.2C 683.20 A SERVICE CHARGE OF 1.5% PER MONTH (ANNUAL RATE SEE TERMS CONDITIONS 7la ud 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. r GENERAL TERMS AND CONDITIONS OF SALE 1. PRICE. The prices ere in effect on the dale of shipment. Stenographic and clerical errors are subject to correction. 2. PAYMENT. Goods are 5old'on'a'net In the event that payment is not made as provided on the face hereof, Buyer agrees to pay a late fee computed at the rate of 18% annum, or 1.1/1% per month on any amounts not paid when due. Notwithstanding such terms of payment, if at any time Seller in good faith deems itself insecure for any reason whatsoever it may be charged to the Buyer's account. The status of all Seller's accounts receivable are reported to collection bureaus. 3. TAXES. In addition to the price provided herein, Buyer shall pay Seller the amount of any sales, use or other taxes now or hereafter imposed by any federal, state or local taxing authority upon or with respect to the sale, purchase or delivery of the goods. If state tax audits require us to pay sales or use tax in connection with the transaction, the Buyer will be required to reimburse us the full amount of such taxes paid plus any interest amount. 4. `S�1IPIAENT 1. 1 P- 1 J! s t�' -iti tc.J;. Buyer is responsibieifor all Yreight charges ut4si Rtherviise spebifidd. Seller reserves the right to designate the routing on all'shfpniertts. Seller will altempf to hor(dr but WIMotgUarantee requested shipping or delivery dates.. Ajl ¢hipments will be F.O.B, SKIPPING POINT unless otherwise designated. s 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 W Sellers written authorization, or used -in any manner inconsistent with Seller's oral or written instructions. Buyer assumes liability for patent and;copyrighUigfringernegt whey) gggds are made to Buyer'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. 7. EXCLUS 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 QF; DIPS OVERY SHOULD HAVE BEEN WW IN THJ EXERC)SE OF REASONABLE DILIGENCE. S. DISCLAIMER: LIMITATION OF REMEDY. i 1 It EXCEPT AS EXPRESSLY PROVIDED HEREIN, SELLER NO;REeR6SENTATI9gJ OR WAR?ANTY,,EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS SOLD HEREUNDER, WHETHER AS TO MERCHANTABILITY, FITNESS.l R PARTI PUR��PP SE QR ANY,O H R MATTER, SELLER SHALL HAVE NO LIABILITY TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY DESCRIPTION, WHETHER ARISIXHUT'OF WAR EOR OTHER CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE. THE PARTIES EXPRESSLY AGREE THAT THE LIMITATIONS OF-INCIDENTAL ANpjCONS.EQUENTIAL 04MAGESSPET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SHALL SURVIVE THE DETERMINATION OF ANY COURT OF COMPETENT JURISDICTION THAT ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. 9. AGENT'S AUTHORITY. Buyer understands and agrees that no agent, employee or representative of Seller has authority to bind Seller to any affirmation, representation or warranty concerning the goods which is not set forth herein, and Buyer further understands and agrees that any such affirmation of fact, promise or representation made by any agent, employee or representative of which is not set forth herein shall not constitute a warranty. 10. FORCE MAJEURE: ALLOCATION. Failure of Seller to make all or any part of any shipment hereunder, if such failure is due to acts of God, war labor difficulties, breakdown or damage to the plant facilities of Seller or Buyer's receiving facilities, embargoes, shortages of any raw materials or energ)'ar nasenabIq pd es 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 regy aW ht<aryjr p( &dp p3�,ti eatp allQ•any other cause either similar or dissimilar beyond the control of the Seiler, shall not subject Seller to any liability to the Buyer, and in such event, at the regpesl of Sefie�, th tot51 *jis'`` b 'hipped 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 requve�nrints (including customers not under supply contract) of any goods sold hereunder, Seller will allocate its available supply of such goods to its customers do such terr jt msy Oem,advisable and ir 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 ordel will be cancelk. f I 11. TITLE RETENTION. Scher retains title on all r 3rchandise until paid in full. 12. CLAIMS. All orders are carefully packaged for safe shipment. If you receive a broken or damaged package, contact the carrier immediately to file a claim. Notify Seller within five days of receipt of goods if there is a discrepancy with your order. 13. RETURNS. Buyer may only return merchandise with Setter's written authorization. Upon consent, merchandise must be returned within 30 days of receipt, freight prepaid. All return items are subject to Inspection before credit is authorized. There is a 15% restocking fee for all returned merchandise. Credits will be applied to Buyer's account, only. Personalized and custom -made items may not be returned. 14. CHANGES AND CANCELLATION. Orders accepted by the Seller are not subject to change, except with the Seller's consent. 15. ENTIRE CONTRACT. These terms and conditions constitute the entire contract between Buyer and Seller, transcending any oral arrangements or representations which may be inconsistent therewith. 16. NON-WAIVER. Waiver by either Seller or Buyer of a breach or provision hereof shall not be deemed a Waiver of future compliance therewith and such provision shall remain in full force and effect. 17. APPLICABLE LAW. This agreement shall be construed and the rights and obligations of the parties hereto shall be governed by the laws of the State of Illinois. 18. EQUAL EMPLOYMENT OPPORTUNITY POLICY. The Seller affirms its policy of providing Equal OppoNnily to all employee' 'And applicants for em0ld3mentijh accordance with fall apbfidabfe Equal Employment Opportunity /Affirnfauve ALrtion Laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof. Prescribed.by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number. of hours, rate per hour, number of units, price per unit, etc. Payee �Nl k Purchase Order No. S ib s lwrn J Terms Nacr,4 -M& T L 6 606� Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) d R I g 9s'7 Total I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6. 20 Clerk- Treasurer VOUCHER NO. WARRANT NO. ALLOWED 20 IN SUM OF LO n1 J c, ON ACCOUNT OF APPROPRIATION FOR E4 Board Members PO# or INVOICE NO. ACCT #/TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or 420 7 21&125 6o -0 bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except 20 n S g turp Cost distribution ledger classification if U Title claim paid motor vehicle highway fund