176509 08/19/2009 "i CITY OF CARMEL INDIANA VENDOR: 359355 Page 1 of 1
ONE CIVIC SQUARE WITTEK
CHECK AMOUNT: $520.25
CARMEL, INDIANA 46032 3865 COMMERCIAL AVE
V off Vi a' NORTHBROOK IL 60062 CHECK NUMBER: 176509
CHECK DATE: 8/19/2009
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
1207 4350000 226449 246.86 EQUIPMENT REPAIRS M
1207 4350000 227073 893.39 EQUIPMENT REPAIRS M
1207 4350000 227165 55.00 EQUIPMENT REPAIRS M
1207 4350000 C26637 675.00 EQUIPMENT REPAIRS M
INVOICE
NUMBER 227073
W ITT E K1. DATE 08 -05 -09
Committed To Serving The Game PAGE NO 1
3865 COMMERCIAL AVENUE NORTHBROOK, IL 60062
PHONE: $47- 943 2399.1- 800 869 -1800 SO NBR H84178
FAX: 847 412 -9591 WEBSITE: wittekgolf.com
CUSTOMER NO: 527228
SOLO CITY OF CARMEL S T D 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.' ti SALESMAN OFFICE;CODE DATE SHIPPED ViA, PCS TERMS
KEN PS- RICHARDS 01 -26A 08 -05 -09 UPS 2% 10 N 30
QTY. ORDERED QTY. SHIPPED B/d PRODUCT NO. x ,DESCRIPTION PRICE' AMOUNT
1 EA 1 74233 BILL ACCEPTOR ONLY 675.000 675.00
I EA 1 74243 ACCUMULATOR BOARD 210.000 210.00
VISIT OUR NEW WEBSITE
www.wittekgolf.com
THANK YOU
Our list at references statas here! iwittek is
the exclusive Ratige Eq uipment Supplier to...
PGA Learning Center
PGA
Golf C11,16
S UBTOTAL DISCOUNT 'T X SHIPPING TOTAL `"?AYMENT�REC'D. AMOUNT
885.00 0. od 0.0% 0.00 8.39 893.39 893.39
A SERVICE CHARGE OF 1.5% PER MONTH (ANNUAL RATE SEE TERMS CONDITIONS 7�aali
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.
i._# 1 LOIN I
.�tICSS sI:1lfll_f.;
I_i r; IJ I A i .J GENERAL TERMS AND CONDfTfONS OF SALE
1. PRICE.
The prices tiF $m.. of t bn ate date Ol shipment. Stenographic and clerical efrors are sutreCt tc Correction.
2. PAYMENT.
bra s4P(tii of WY In the event that payment is not made as provided on the face hereof. Buyer agrees to pay a late tea computed at the rate of ia% annum, or i i12% per month on
any amounts not paid when due Notwithstanding such tenths of payment, If at any lime Seller in good faith deems itself insecure for any reason whatsoever it may be charged to the Buyer's account.
The status of all Sefier's accounts receivatbie are reported to cokecu on bureaus.
3. TAXES. j
In addition to the price provided herein, Buyer shall pay Seller the amount of any sates, use or other taxes now or hereafter imposed bq ytbcferaAtate or Io4 tarring authority upon of with
respeCt to the sale, purchase or delivery of the goods. It state tax audits require us to pay sate8 or use tax in connection with the transaction, the Buyer will be required to reimburse us lire full amount of
such Was Paid plus any interest amount A; t 1 'f T 1 'D .J 3 i A J 1 0
J
-a: 1sJ'tPdRI -I i_f his 1 I I lc ;li!fJ�'ltI AIAI -A e?'/-I U f i =7 I.1f f 3A 11- 1c. "NOIDA ACLU
Buyer's r s art r jphj t Fg ease oft Ise +sp olis Setisr reserves the right to designate the routing on all,�f p^� I q� Iar l 1* 1 III �t �n�� 1q }�w e« J,—r Ftee
Mil rl l ti _J /1�..�� i 1& 111,1 1 .:1
requested shipping or r dat s rprtiet 'Mae tea F:O.B HlPr'ff POINT unless otherwise designated.
F. f. 0 3L 41 f 1 .INIiJAJ F. 1 111iI.A
S. AISX OF LOSS.
Risk of loss for the goods shall pass to Buyer upon "i" by. Setsr'to a common a private carriar for shipment to Buyer,
LIMITED WARRANTY TO BUYER.
Seller warrants that at the lima of shipment and for warranty period set firth by Seller, the goods will tea free of defects in material and workmanship. This warranty does not apply to any goods
which have been neglected, altered, abused, used fora purpose other than the one for which they weirs manufactured, repaired by Buyer or any other person lnthout Seller's wriltert author cation, of
Ned bapy rn r ner inconsistent w th Setlet's oral or wril� S. $u asp.Vmli, +�t1r fa patent sAd,c hl inuring tsVn�x slarp In a to�Sw of s spec fKat one Th s via ranty yi .3 F 1
does nor covers any counts of the goods not manufactured y Sslfer, but W hilirsby assigns to Buyer any 4vwufi;;cture�s warranties ap +Cable t hereto. Salter s warrant es 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 of service in connection with Buyers order of goods. No representative of
Seller of other person handling the gourds is authonzed to modify this Sector or to use any warranty regarding the goods.
EXCLUIM h4NBIJ 40h BREACH OF WARRANTY. y .1410 5 l U 1 J -11 I_1
SELLER'S ENTIRE OBLIGATION UNDER THIS WARRANTY SHALL II,,LLIBE LIMITED ((AT SELLERS OPTION) TO REPAIR OR REPLACEMENT OF ANY GOODS WHICH PROVE TO BE AT DEFECTIVE WITHIN THE �A L BE
11 (.i f 1'2Ep TO A ail Y f4 ER ONLY a OR NOT StLf Eft 7Y ��IP�d, O Ti'E C 4 U cl"�S�tu H
NO OF THE WARRANTY BE54 PURC HASE 5 %PiRAT1ON OF THE WARRANTY AND W1 Fir 1
TEN DAYS AFTER THE EARLIER OF THE DATE OF DISCOVERY SHOULD HAVE BEEN MADE IN THE EXERCISE OF REASONABLE DILIGENCE.
8, D1SCLAP4ER: LIMFTATtt3Ft OF REMEDY.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, SELLER SINyk EP S�� ITAT�taj�I t} W Rf T} TrXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS SOLD
HEREUNDER, WHETHER AS TO MERCHANTABILITY, FITN A P ICU R S R Y OTH �TTER. SELLER SHALL HAVE NO LIABILITY TO ANY PERSON FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY DESCRIPT1t'lIV,- ,rr?fETI�E Iii 4EPT YW „fkt`"OR OTHER CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE.
THE PARTIES EXPRESSLY AGREE THAT THE LIMITATIONS OF INCIDENTAL AND CONSEq @MALPf' -MxA� S� RT 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.
17, AGENTS AUTHORITY.
Buyer understands and agrees that no agent, emphoyw or represerttabve of Seller has authority to blind Seker to any affirmation, representation or warranty concerning the goods which is not
W foM herein, and Buyer further understands and agrees that any such affirmation of fad, promise or representaton made by any agent, employee of representative of which is not set forth herein
shall not constitute a warranty.
10. FORCE IJA.3EURE: ALLOCATION.
Failure of Seller to make all of any of of any shipment hereunder, if such failure is due to acts of God, war tabor difficulties, breakdown or damage to the plant facilities of Seller or Buyer's
receiving facikt+ft, embargoes, shortages of any raw materials or enargy at reasonable vim or from regular sources or on account of shortages thereof, delays or failure of any supplier to deliver,
shortages of transportation equiprrent, caripliance with any law or regulation or order of any public authaty and any otter cause either similar or dissimilar beyond the contrd of the 'Seller, shall rut
subject Seller to an liability to the Buyer, and 0 such event, at IN request of Seller, the total quantity of goods to be shipped will not be reduced by bile quantity not shipped due to such causes. Should
Seiler at any time be unable, due to any of the aloresacd causes, to supply its own and all of its Customers' requirements (including customers not under supply contract) of any goods sol hereunder,
Seller will allocate Its avertable supply of such goods to its customers on such terms as 0 may deem advlsatxe and in such event Sallee shall not be Gable to Buyer lot failure to ship Buyer the toll
quaribly of Ile goods contracted for and the balance of any such order a4t ha cance1W.
1i. TITLE RETENTION.
Salter retains title on all merchandise until paid in full
1Z CLA&S.
4 orders are carefully packaged for safe shipment. If you receive a broken or damaged package, contact the cattier immediately to file a claim. Nolify Seger within five days of race pi of goods
it them is a dixxopmcif with your order.
13. RETURNS.
Buyef may only return merchandise frith fisher's vrsitten authorization. Upon cortsent, merchandise must ba rehEroed within 30 days of receipt, freight prepaid. A I return items are subject to
inspection before credit is auftd2ed. Them is a 15% restocking fee for art returned merchandise, Credits will be applied to Buyer's account, only. Personalized and custom -made items may not be
retumed.
14. CHANGES AND CANCELLATION.
Orders accepted by the Seller are not subject to change, except with the S88ar'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
18, NOWWfAWEll
Waiver by either Bettor o Buyer of a breach or provision thersof shall not be deemed a waiver of future compliance therewith and Such proves on shall remain in full force and effect.
IT APPLICABLE LAW.
This agreemem shatt be construed and the rights and obligations of the parties hereto Shall be governed by the laws of the Stale of Illinois.
18.. EQUAL Ef KOYMENT OPPORTUNITY POLICY.,
k3 The Seller affirms its policy of providing all emptyeiih rod a; lhcmts for empQrItInt Accordance Mh.ak_hpp"OoE&lal Employ;rwl Of po tunny ;AHichi jti �yu�ixi
laws, oiiectives and regulations of Federal. State and Local governing bodies or agencies thereof,
CREDIT MEMO
NUMBER 026637
DATE 07- 14-09
�E vi�
Committed To Serving The Game PAGE NO 1
3865 COMMERCIAL AVENUE NORTHBROOK, IL 60062
PHONE: 847 -943 2399.1- 800- 869-1800 SO NBR X1275
FAX: 847 412 -9591 WEBSITE: wittekgolf.com
CUSTOMER NO: 527228
SOLD CITY OF CARMEL SHIP C 1 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
F'S— RICHARDS 01 -26A 07- -14 -09 BEST WAY
QTY. ORDERED QTY. SHIPPED B/O PRODUCT NO. DESCRIPTION PRICE AMOUNT
--I EA 14233 BILL ACCEPTOR ONLY 675.000 615.00—
1# 218456 MERCH CREDIT
Our list of references starts here! Wittak is
the exc lusive Range Equipment Supplier to...
PG A Golf Cluff
SUBTOTAL DISCOUNT; TAX SHIPPING' TOTAL PAYMENT REC'D. AMOUNT
675.00 0.00 0.13/0 0.0 6 675.00
A SERVICE CHARGE OF 1.5% PER MONTH (ANNUAL RATE SEE TERMS CONDITIONS �lactli
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.
I
t IL, r' r 1, t A l I GENERAL TERMS AND CONDITIONS OF SALE
1. PRICE•
The plicesf ai those ln an the date of shipment. Stenographic and clerical errors are subject to correction.
2,. PAYMENT,
Good) are sA
ri whet 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 tee annum, or w /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 Sellers accounts receivable are reported to collection bureaus.
3. TAXES,
In addition to the price provided herein, Buyer shall pay Seiler 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..) At .I l t f t
r 5. 1. 1 Ci I(..). Il` f P.'r .f "Y .l (1l'S' (1'f
4. '9jifPMENT. .r[.1 l ii' ,l �.i•`.t �I i ir_ �i i,. t.
Buyer is responsible for all; freight ct arges unless pt envise,specified. Seller reserves the right to designate the routing on alll shpm r ents. Seller will attempt to honor �ul will notiguaran tee
requested shipping or delivery dates, Alt shipments will be RO B. SA10P POINT unless otherwise designated.
3 it l I i l f I e l i f
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 Seller's written authorization, of
used in any manner inconsistent with Selle�� ofal or written gtsjructions. •Byypr apumes liability for patent pa d po ?yright'rtfringementwhen gapds ajre mAde to Buyers specifications. This warranty
does not cover any components of the goods not manufactured by Seller, but Seller liereby assigns to Buyer any manu�acqurer's warranties applicable €hereto. Seller's warranties shall not W 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.
EXCLII'SIVEQEMEDV' 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 OFf D(St py,�RY SHQ41 I9- f f��E -PEEN MAD,k ftTH� EXERCISE OF REASONABLE DILIGENCE.
8. 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 AND CONSEQUENTIAL DAMAGES SET 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. AGENTS AUTHORITY.
Buyer understands and agrees that no agent, employee or representative of Seller has authority to bind Seller to any affirmation, representation or warranty conceming 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.
18. FORCE MAJEURE: ALLOCATION.
Failure of Seiler 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 car 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 recelpt, 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 this 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 E1600pporivnity to all employees and applicants for employmentiri accordance with W appicable fsqual Employment Opportunity /Af9rrrrfive fiction
Laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof.
INVOICE
NUMBER 226449
DATE 07- 28--09
Committed To Serving The Game. PAGE NO 1
3865 COMMERCIAL AVENUE NORTHBROOK, IL 60062
PHONE: 847 -943 -2399. 1 -890- 869 -1800 SO NBR H83598
FAX: 847 412 -9591 WEBSITE: wittekgolf.com
CUSTOMER NO: 527228
SOLD CITY OF CARMEL SHIP BROOKSHIRE GOLF COURSE
TO DBA BROOKSHIRE GOLF COURSE TO 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 07-28-09 UPS -1DA 2% 10 N 30
QTY. ORDERED QTY. SHIPPED B/O PRODUCT NO. DESCRIPTION PRICE AMOUNT
1 EA 1 74234 ACTUATOR ARM 225.000 225.00
VISIT OUR NEW WEBSITE
www.wittekgolf.com
THANK YOU
cb\
Our list Of references starts here! Wtttelt is
the exclusive flange Equipmenl Supplier to_
PGA Leami g tenter
PGA Golf Club
SUBTOTAL DISCOUNT TAX SHIPPING TOTAL PAYMENT RECD. AMOUNT
225.00 0.0 o.ex. 0.00 21.86 246.86 246.86
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 MAYBE RETURNED AT ANY TIME.
GENERAL TERMS AND CONDITIONS OF SALE
1. PRICE.
The pdces-afe those in effect on the date of shipment. Stenographic and clerical errors are subject to correction.
1. 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 18% annum, or 1.172% per irronth on
any amounts not paid when due. Notwithstanding such terns of payment, if at any time Seiler in good faith deems itself insecure for any reason whatsoever it may be charged to the Buyers account.
The status of all Setter's accounts receivable are reported to collection bureaus.
3. TAXES.
In addition to the price provided herein, Buyer shall pay Seiler 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. SHIPMENT.
Buyer is responsible for all freight charges gnless otherwise specified. Seller reserves the right to designate the routing on allpshipments. Seller wiU attempt to honor but will not;guarantee
requested shipping or delivery dales. All shipments will be F.O.S. SHIPPING POINT unless otherwise designated. I
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.
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 Sellers written authorization, or
used in any manner inconsistent with Seller's -oral or written instructions. ,Buyer assumes liability for patent and copyright Infringement when goods 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. Sellers 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.
1.' EXCLUSIVE TREMED' rFOR 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 QEEN,MADE IN T.HE EXERCISE OF REASONABLE DILIGENCE.
8. 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 AND CONSEQUENTIAL DAMAGES SET 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.
91 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.
18. FORCE MAJEURE: ALLOCATION.
Failure of Seller to make all or any part of any shipment hereunder, if such failure is due to acts of Gad, 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 goads contracted for and the balance of any such order will be cancelled.
11. TITLE RETENTION.
Seller retains tide on all merchandise until paid in fu4.
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 rive days of receipt of goods
if there is a discrepancy with your order.
13. RETURNS.
Buyer may only return merchandise with Sellers writen 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 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.
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 Opportunity to all employees and applicants for employment in accordance'with all applicable Equal Employment Opportunity /Affirmative Action
Laws, directives and regulations of federal, State and Local governing bodies or agencies thereof.
I
INVOICE
I NUMBER 227165
I
WITTE DATE 08 -06 -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. H83709
FAX: 847. 412 -9591 WEIISITE: wittekgolf.com
I
I
CUSTOMER NO: 527228
SOLD SHIP
TO CITY OF CARMEL 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 �01DATE SHIPPED VIA PCs—' TERMS`
MELISSA RICHARDSON 01 -26 08 -06 -09 UPS 2 10 N 30
JQTY ORDERED QTY. SHIPPED +m '.,B /O PRODUCT NO.. DESCRIPTION &n PRICE= AMOUNT
10 GR 10 84119 BURGUNDY GOLF PENCIL 5.500 55.00
i HEX WITHOUT ERASER
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SUBTOTAL DISCOUNT TAX SFfIPPING' TOTAL- :PAYMENT RI=C'D 'AMOUNT
55.00 0.0 0.0% O. 8.90 63.90 63.90
A SERVICE CHARGE OF 1.5% PER MONTH (ANNUAL RATE SEE TERMS CONDITIONS r f
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 AT ANY TIME.
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E' 1 I C_li f i i_ 3'f A GENERAL TERMS ARID CONDITIONS OF SALE
1. PRICE.
The Moss t%tlhmAgl s1 In the date of shipment. Stenograph c and clerical errors are sutract to carrsctiar.
2. PAYMENT.
In the event that payment is not made as provided an the lane hereof, Buyer agrees to pay a late fee computed at the rate of 18% annum, or t -w% 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 at; 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 rweafter imposed I3y or local taxing authority upon or with
respect W the sale, purchase or delivery o(fre garde. if state tax audits require us to pay sales or use tax in connection with the transaction, the Buyer wall be required to reimburse us the full amount of
such taxes paid plus any interest amount
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Buyer is res ,�g� ail ht arges p A$ Salter reserves the right to designate the routing on all 8 n t ii t t +AEI not pyaraptee
requestedshipping At rd i2Ad s�i` hIry: Ht�POINTunlessotherwisedesignated. !�uTf`� _v i
5. RISK OF LOSS.
Risk of Ions for the goods shall bass to Buyer upon delivery by SeHar to a common. or private carrier for shipment to Buyer.
0. LIMITED WARRANTY TO BUYER.
Seller warrants that at Me lime of shipment and for warranty period set forth by Setter, the goods will be free of defects in material and workmanship. This warranty does not apply to an goods
which have been ne-gliia d, ahered, abused, used for a purpose other than the one for which they ware manufaaurad, repaired by Buyer or any other parson vrithout Seller's written authorization, or
1 0 0%any mar 1AWIs+stent with Sal ens oral ar written. igsiluc1Ws. t 9 t t.yg �s a� ff for patent and ydg�t rntringement o� ��rrpp��nn to Ayers specifications. Th s warranty,
do�m i component of Oka goods hat manui tur�Cby 5alier,�uFast hdraDyv Yigns !o Buyer shy rrer ul��ln warran6r#s {Sills bl�rbl t�. cars warranties shall not be enlargi f;
or in any other way affected by, and ro obligation or liability shall arise or grow art of. Seth's rendering of technical advice or service in connection oath Buyers cider of goods. No represemtatrre of
Setter or other parson handling the goads is authaued to modify this Section or to use any warranty regarding the goods.
0 13 e.+? EXCLUS�0Rt >DEDY FOR BREACH OFWARRANTJ e ._I j -i .]C(�f(r�j l ICIIAI�t:lf Ili UNDER
DEFECTIVE WITH N 7H Wtl PERIOD OR l AT SELLER'S t'i�,'IS� h C E R I'�CrR REF D R
T}iE REPLA OF ANY
GE W H RESF T T P
YER 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: LIMITATM OF REMEDY. s i 1 vii -i w Qrv° 11 i i l 1 t_) 1 1 0 iI
HEREUNDER. WHETHER AS TO MEERCHANTABIL FITNESS FCM PA)tT CULAR PiJE2Fvr e. t o JTPi���i' UTTER. SELL IMPLIED, WITH RESPECT ER ER SHALL HAVE NO LIABILITY TO ANY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY DESCRIPTION, WHETHER ARISINd.IXL'lt OF NWAehI YiOR OTHER CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE,
THE PARTIES EXPRESSLY AGREE THAT THE LIMITATIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES SET 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.
D. 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 of representation made by any agent, employee a representative of which is not set forth herein
shall. not omfirtute a warranty.
10. FORCE MAJEURE: ALLOCATION.
FOum of Sofia to make alt or any part of any shipment hereunder, if such failure is due to acts of God, labor difficulties, breakdown or damage to the plant facilities of Seller or Buyer's
rweivN facilities, embargoes, shortages of any raw materials or energy at reasonable prices or from mgular seurces or on account of shortages thereof, delays or failure of any supplier to deliver,
shortages of transportation equipment, aurpiiance at any law or regulation or order of any public authority and any i?tner cause either similar or dissimilar beyond the control of the SolIer, shall not
sub W Wlsr to any liability to the Buyer, and in such event, at the request of Salter, 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 urk*8, due to any of the aforesaid causes, to supply its oven and all of its eustonars' requirsme nts (including customers not under supply contra) of any goods solo hereunder,
Seller will allocate its avtVtabis supply of such goods to its customers on such tents as it may deers advisabia and in such event Salter shall not be liaNe to Buyer for failure to ship Buyer the full
quantity Of Ote god owfrarded for and the balanca of any such order sill be cancalled.
11. TITLE RETENTION.
Seiler retains tide on all merchandise unfit paid in full.
12. CLAXIS.
All orders are carefully packaged far safe shipment. 11 you receive a broken or damaged package, contact the carrier imrrhadiatety to fie a claim. Notify Salter mthin five days of receipl of goods
it Uwe is a discrepancy with your order.
13. RETURNS.
Buyer may only return merchandise with Settees mitten authorization. Upon consent, merchandise must ba retuned rAthin 30 days of reoeipf, freight prepaid. All return items are subject to
Inspection before credit is autorized. Them is a 15% restocking fee for all rewmad merchandise, Credits will be applied to Buyer's aocount, only. Personalized and custom made items may not be
refumerf.
14. CHANGES ARID CANCELLATION.
Orders ecCoed by the Seiler are not subject to change, except with the Sstars consent.
1s. ENTIRE CONTRACT.
These leans and condtticns oonsdivie the entire contract between Buyer and Seller, transcending any oral arrangements or representations which may be inconsistent therewith
ltd. NON WAIVER.
Waiver by erthar Seller or Buyer of a breach or provision hereof shall not be deamed a waiver of future Compliance therewilti and such provision shall remain in lull force and effect
11. APPLICABLE LAW.
This agreement shall be cocislrued and the rights and obligations of the parties hereto shall be governed by the laws of the State of Iftinors.
18. EQUAL EMPLOYMENT OPPORTUNITY POLICY.
I i The Sellrhr affimns its policy of providing EgLLd_Ogputypity to all for i(i)si ordance ivlth. aljeppfr'Ae Epaai Employment OapatunilyiAtf4N!jvd AcUl"
Laws, directives and regulations of Federal. State and Local goveming bodies or agexies thereof.
Prescrbed 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
eV_ Purchase Order No.
NO Terms
Date Due
Invoice Invoice Description Amount
Date Number (or note attached invoice(s) or bill(s))
_7 -14 -09 CL cep+► >c tp OD
/x"09 9-27073 lj31 1 fidcwzye k92,39
Total 552U,_'2
s-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.
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Clerk- Treasurer
VOUCHER NO. WARRANT NO.
ALLOWED 20
IN SUM OF
ON ACCOUNT OF APPROPRIATION FOR
ee n er 1 �U Ra
Board Members
Po# or INVOICE NO. ACCT /T1TLE AMOUNT
DEPT. I hereby certify that the attached invoice(s), or
ay 1, g(v bill(s) is (are) true and correct and that the
L) C ato�3 n S0000 (p1S materials or services itemized thereon for
I,O or 7/& S lf which charge is made were ordered and
Z-eU `7 X 70 3 t t �r S99• received except
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Signat
t itle
Cost distribution ledger classification if
claim paid motor vehicle highway fund