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Home My WebLink About170167 03/18/2009 "dr CITY OF CARMEL, INDIANA VENDOR: 359355 Page 1 of 1 ONE CIVIC SQUARE WITTEK CARMEL, INDIANA 46032 3865 COMMERCIAL AVE CHECK AMOUNT: $283.63 NORTHBROOKIL 60062 CHECK NUMBER: 170967 i.oN c CHECK DATE: 3118/2009 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER T AMOUNT DESC 1207 4239099 215270 283.63 OTHER MISCELLANOUS i e INVOICE NUMBER 215270 DATE 03- 05-09 Committed To Serving The Game. PAGE NO 1 u 3865 COMMERCIAL AVENUE NORTHBROOK, IL 60062 PHONE: 847- 943 2399.1- 800. 869.1800 SO N B R. H 7 3 132 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 t 03-05 -09 UPS 2% 10 N 30 QTY. ORDERED CITY. SHIPPED B/O PRODUCT NO, DESCRIPTION PRICE AMOUNT 300 EA 300 74257 SLOTTED TOKEN 'B' 0.550 165.00 200 EA 200 74259 SLOTTED TOKEN 'D' 0.550 110.00 PLEASE UPDATE YOUR REMIT TO RECORDS 3865 COMMERCIAL AVE NORTHBROOK IL 60062 Our list of references starts here! Wittek is the exclusive Range Equipment Supplier to... r PGA Leaming Genitor PGA GO Clu SUBTOTAL ;.DISCOUNT, TAX .SHIPPING TOTAL PAYMENT RECD. AMOUNT I 275.00 0. 06 0. 0-00 8.63 283.63 283.63 A SERVICE CHARGE OF 1.5% PER MONTH (ANNUAL RATE SEE TERMS CONDITIONS 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 thoseiin effect on the date of shipment. Stenographic and clerical errors are subject to correction. 2. I PAYMENT. Goods° are sold an lahet 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 -v2% per month on any amounts not paid when due. Notwithstanding such terms of payment, if at any time Seller in good faith deems itself insecure for any reason whatsoever it May be charged to the Buyer's account. The status of all Sellers accounts receivable are reported to collection bureaus. 3. TAXES. In addition to the price provided herein, Buyer shall pay Seller the amount of any sales, use or other taxes now or hereafter imposed 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 a, t. f j j 4. SHIPMEhTl i t' ii 1' ii: A; Buyer is responiiblelfor all freight charges unless otitenvise specified. Seller reserves the right to designate the routing on all.shjpmarts. Seller will attempt to honor ut r'I •nnt;guarffntee requested shipping or delivery dates. All shipments will be .O SHIPP�NI ,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-Seller's written authorization, or used in any manner inconsistent with Seller's oral or written .instructions.: Buys[ assumes" liability for patent and copyright infringement whoniggqds arejmade to Buyer's specifications. This warranty does not cover any components of the goods not manufactured by Seller, but Setlei ftereby assigns to Buyer arty 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. EXCLUSA REhA�bY FOR BREACH OF WARRANTY. i i f i t i I r; i t i E 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 REWDY'HEREUNDER ONLY IF IT NOTIFIES SELLER IN Y1RITINGbF'THE ALL 6l; I 'BREACH OF WARRANTY BEFOI#E TPle 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. I 8. DISCLAIMER. LIMITATION OF REMEDY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, SELLER MAKE RERRESENTATION OR WARRANTY,•EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS SOLD HEREUNDER, WHETHER AS TO MERCHANTABILITY, FITNESS FOR A ISARYIdUbA PURPOS� 1 f1NY OTHER MATTER. SELLER SHALL HAVE NO LIABILITY TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY DESCRIPTION, WHETHER RRISINd t�l'JTXD WARRAM� OR OTHER CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE. THE PARTIES EXPRESSLY AGREE THAT THE LIMITATIONS OF INCIQENTAV tjlq CQNSACIU�NTIAL DAMAGES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SHALL SURVIVE THE DETERMINATION OF ANY COURT OF COMPETENT JURRISDICTION 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 energy at reasonable prices or from regolar 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 M (fie %elver, 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 well 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 o( 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. 11 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 Seller's written authorization. Upon consent, merchandise must be returned within 30 days of receipt, freight prepaid. All return items are subject to inspection before credit is authorized. There is a 15% restocking fee for all returned merchandise. Credits will be applied to Buyer's account, only. Personalized and custom -made items may not be returned. 16. 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. 15. NON WAIVER. Waiver by either Seller of 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. IT APPLICABLE LAW. This agreement shalt be construed and the rights and obligations of the parties hereto shalt be governed by the laws of the State of Illinois. 10. EQUAL EMPLOYMENT OPPORTUNITY POLICY. The Seller affirms its policy of providing Equal•Opportuhhy to all employees and applicants for employnlant in accordance`with ail applicable Equal Employment OpportunitylAHhrlalive Action Laws, directives and regulations of Federat, State and Local governing bodies or agencies thereof, Prescribed by State Board of Accounts ACCOUNTS PAYABLE VOUCHER City Form No. 201 (Rev. 1995) t� CITY OF CARMEL r An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by "w whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee �l Purchase Order No. 6 S ��ci M ph A 2,- �j 4 JF Terms L T 66 W --;2- 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 �s VOUCH ER,NO. WARRANT NO. ALLOWED 20 IN SUM OF ON ACCOUNT OF APPROPRIATION FOR Board Members Po# or INVOICE NO. ACCT /TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or 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 1 Sig iature A OF Title 'y Cost distribution ledger classification if claim paid motor vehicle highway fund