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Home My WebLink About174119 06/24/2009 CITY OF CARMEL, INDIANA VENDOR: 359355 Page 1 of 1 ONE CIVIC SQUARE WITTEK CARMEL, INDIANA 46032 3865 COMMERCIAL AVE CHECK AMOUNT: $587.15 NORTHBROOK IL 60062 CHECK NUMBER: 174119 CHECK DATE: 6/24/2009 D EPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1207 4238000 222373 587.15 SMALL TOOLS MINOR E I INVOICE NUMBER 222373 t DATE 06 -03 -09 Committed To Serving The Game:. PAGE NO I I 3865 COMMERCIAL AVENUE NORTHBROOK, IL 60062 PHONE: 847. 943. 2399.1 -800- 869 -1800 SO NBR H79850 FAX: 847- 412 -9591 WEBSITE: wittekgolf.com I CUSTOMER NO: 527228 SOLD CITY OF CARMEL To BROOKSHIRE GOLF COURSE DBA BROOKSHIRE GOLF COURSE 12120 BROOKSHIRE PKWY R 12120 BROOKSHIRE PKWY CARMEL, IN 46033 j CARMEL, IN 46033 I sCUSTOMER ORDER "SALESMAN OFF.IC CODE ;DATE VIA PCS ?ERMS rn A w MELISA RICHARDSON 01-26 06 -03 -09 UPS 2 27, 10 N 30 a O�TY._OROER£Dp flTY. SHIPPER- PRODUCT NO.',,_' DESCRIPTION ,`,PRICE AIVIOLINT- 72 EA 72 53375 KOOLIT COOLER W/ RETURN 7.750 558.00 TO CLUBHOUSE I I 3 I I i I Our list of references starts h ere! Willek is the exclusive Range Equipment Supplier to— i er PUSLA Learning Center ej PGA Golf Club' i ,I i SUBTOTAL OrSCoUNT TAX .'SHIPPING TOTAL }a' PAYMENTREC'D. AMOUNT 558.00 0.0 0.[/° 0.Q 29.15 587.15 587.15 I A SERVICE CHARGE OF 1.5% PER MONTH (ANNUAL RATE SEE TERMS CONDITIONS �i!icr ct�L'ArG 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. J I AC) GENERAL TERMS AND CONDITIONS OF SALE i. PRICE. The p[iees(a3A tihosa ltt'eflbct on the date of shipment. SlemVrapihie and derica€ errors are subject to correction. 2. PAYMENT. O rr' 0 U6o am sA o'ri lklw b". In the event that payment is not made as provided on the fate hereof. Buyer agrees to pay a late fee computed at the rate of 18% annum, or 1.112% per month on t any amounts not paid when due. Notwithstanding such terms of payment, ff at any time Seller in good faith deems itself insecure for any reason whatsoever it may be charged to the Buyer's account i The status of all Setter's accounts receivable are reported to mlfaction bureaus. 91 TAXES. In addition to the price provided heroin, Buyer shall pay Seller the amount of any sates, use or other taxes now or hereafter imposed �y or local taxing authority upon or with rasped to the safe, 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 wilt be required to re raWme us the full amount of such taxes I paid p �u >anrlinares� �a 1 malrni.�lc1 I :I �'ltA J 1' rr '?t i.J Q. SI #IPL7EPd lfv )jr_t _1 I .t I I.'J it J�J'll.t t I .,l I _1 UIXI I..fkX) J`', f Buyer's responsible fm all i(e QhIjoarg un ss other s p Seller reserves the right 10 designate the routing on alts �s. 'tl fill �E�nIll tkhp �'t 2 t1guar�ntee requested snipping or delivery dales. All shipments will be F .CQB: F'IP NG POINT unless otherwise dasignaled. 11 f :UClt* vi r ._t iPiqA;.1 5. RISK OF LOSS. Risk of loss for the goods shall pass to Buyer upon delivery by Seller to a common a private carrier for shipment to Buyer. S. LIMITED WARRANTY TO BUYER Seiler warrants that at the time of shipment and for warranty period set lorth by Seller, the goads will be free of defects in materiat and wArnanship. Thu warranty does not apply to any goads which have bean neglected, anered, abused, used for a purpose other than the one for which they ware manufactured, repaired by Buyer of any other person without Seller's written authorization, or I r ivaed in any manner inConsisternl with Sellers oral or written ipisquCtiOrts. ;Buyer a}susres liability for patent sna QTyriglIt Infringement %Opri Igcp¢j a(q rrjade to Boyar s sc>BC fixations. This womanly F does not COvot any tomppnenis 0f the goods not manutztiured by Seller, but SO* hereby assigns to Bu ar y manufacturer's warranties applub�te fihereto. SeiJat's warranties shalt not W enlarged, or in any other way affected by, and no obligation or liability shall arise or grow out of. Sellers rendering of lachnical advice or service in connection with Buyer's order of goods. No representative of Seller of other person handling the goods is authorized to modify-thts Section or to use any warranty regarding the goods 1 1 4.` C7i EXCLUiNi REMEDY FOR BREACH OF Wj AAM: SELLER'S ENTIRE OBLIGATION UNDER THIS WARRANTY SHALL BE L€MITEDQ.(Aj,SELf Ei�'S QPFtOtq) TQ 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. 6. DISCLAWER: 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. AGENT`S AUTHORITY. Buyer understands and agrees that no agent, employee or representative of Suer 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 agmes that any such affirmation of tact, promise or repeset cation made by any agertL employee or representative of which is not set forth herein shall trot constitute a warranty. 10. FORCE I SURE: ALLOCATION. Failure of Setter t0 make aA o any part of any shipment nereunder, if such failure ru due to ads of God, war labor diffieu }ties, breakdown or damage to the plant facilities of Seller or Buyer's receiving facifities, embargoes, shortages of any raw materials or energy at masonab!e prices or from reguim sources or on account of shortages thereof, delays or failure of any supplier to deliver, shortages of h anspotatiors equipment, compliance with any law or regulation or orclatr of any public authority and any Deter Cause either simitar or dissimilar beyond the control of the Seiler, shall not subssct Seller to any frability to the Buyer, and in such event, at the request of Selw, the total quantity of goods to be shipped will not be reduced by the quantity not shipped due to such causes. Should WW at any time be unable, due to any of the aforesaid causes, to supply its own and all of its customms' requirements (including customers not under supply contract) of any goods sdd hereunder, Sailor Wit allocate its available supply of such goods to its custorners on such terms as it may deem advisable and in such event Seller shall not be liable to Buyer for failure to ship Boyar the full quantity of goods contracted for and the balance of any such order will be cancelled. 11, TITLE RETENTION. Sew retains title on all merchandise until paid in full. 12. CLAIMS. AN orders are carefully packaged to sate 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 0 there is a discrepancy with your order. I 13. RETURNS. Buyer may only return merchandise with Seller's wrftan auttlonzabon. Upon consent, merchandise must ba returned within 30 days of receipt, freight prepaid. All return items are subject to inspwbo n before credit is auerxizad. Them is a 15% reatoduN fee for aft returned rnarchandise Credits will be applid to Buyer's account, sly. Personalized and custom e'ilems may not be returned 10. CHANGES AND CANCELLATION. Orders accepted by the Seiler are not subject to change, except with the Seller's consent. 15. ENTIRE CONTRACT. These tarns and Candieons constitute the entire contract between Buyer and Seller, 8anscending any oral arrangements or may be;nconsislent therew ih 19. NON WAVER. Waiver by Richer Setter of Buyer of a breach o provision hereof shaft not be deemed a waiver of future compliance therewith and such provision shalt remain in full force and ettect 17. APPLICABLE LAW. This agreennent shaft be construed and the rights and obligations of fhb parties hereto shall be governed by the laws of the State of Illinois. 18. EQUAL. EMKOYMENT OPPORTUNITY POLICY. i The Seller affirms its policy of providing F,ual[ Opprxl ky to alt ettoployess of dapple ants for empfof hl�nf ifipeCCOrdance With e fjapplr�tile El�Ual Employment OpportunitylAtflir»�dve Act Laws, directives and magutations of Federal, State and Local governing bodies or agencies thereof. DUCHER NO. WARRANT NO. ALLOWED 20 IN SUM OF ��mm F✓�1'rr�l AO N OF APPROPRIATION F ri" a-0 IQ 6D 6 Board Members of or INVOICE NO. ACCT #/TITLE AMOUNT EPT I hereby certify that the attached invoice(s), or -c)o bill(s) is (are) true and correct and that the a !s' materials or services itemized thereon for which charge is made were ordered and received except 20 tu �Y Cost distribution ledger classification if Title claim paid motor vehicle highway fund 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 }f (C f Purchase Order No. A Terms R�Q2 rr41'j E-c c,K— GDCP� Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 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