The URL can be used to link to this page

Home My WebLink About207277 03/13/2012 CITY OF CARMEL, INDIANA VENDOR: 359355 Page 1 of 1 ONE CIVIC SQUARE WITTEK CARMEL, INDIANA 46032 3865 COMMERCIAL AVE CHECK AMOUNT: $126.74 o NORTHBROOK IL 50062 CHECK NUMBER: 207277 CHECK DATE: 3113/2012 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1207 4239099 238111 95.52 OTHER MISCELLANOUS 1207 4239099 240829 142.79 OTHER MISCELLANOUS 1207 4239099 242358 393.82 OTHER MISCELLANOUS 1207 4239099 251841 143.20 OTHER MISCELLANOUS 1207 4239099 268744 316.64 OTHER MISCELLANOUS 1207 4239099 271546 144.77 OTHER MISCELLANOUS 1207 4239099 C27147 1,110.00 OTHER MISCELLANOUS March 12, 2012 Pam Lister Brookshire Golf Club We had a credit #C27147) from Wittek dated 3/26/10 for $1110.00. We received an invoice #240829) dated 5/13/10 in the amount of$142.79. They (Wittek) applied this invoice (240829) to the credit (#C27147), but did not send us an updated credit memo to indicate this. INVOICE NUMBER 24 h DATE 05 -1'�- iC� Committed To Se The. Game. PAGE, NO 1 3855 COMMERCIAL AVENUE NORTHBROOK, IL 60062 PHONE 847 943-2399' 1- 800 869 -1800 SO NBR R 17 80 FAX: 847-4124591 WEBSITE. wittekgolf.com CUSTOMER NO: 5 27 2 28 ...SOLD CITY OF CARMEL SHIP TO DBA BROOKSHIRE GOLF COURSE TO BROO GOLF COURSE .12120 BROOKSHIRE PKWY 1 1 `G BROOKSHIRE .PKWY CARE °iEL, IN 46033 CARMEL, IN 46033 CUSTOkIER f3RDER tUO: SAIsESMAN QFFIGE,GO�� DATE SFIIPPED VIA PCS TERMS R I CHARDSON Of-26 05'-10-10 Lips NET OTY'OHUERED QTY SHIPPED 8 /i3 'PRODLCT NO DESCRIPTION PRICE ;AMOUNT 50 EA 50 74311 GOLF KEY 2.750 .137.50 SITE CODE #237 #tt# THANK YOU *WE APPRECIATE YOUR BUSINES 50837 CREDIT ON ACCOUNT TO BE APPLIED SUBTOTAL ',a` :.DISCOUNT TAX ;SHIPPING TOTAL PAYMENT,REC O AMOUNT 137 .50 o/ UeS3� Je t�n�j 5. 9 142.79 142..79 t� .00 A SERVICE CHARGE OF 1.5% PER MONTH (ANNUAL RATE SEE TERMS CONDITIONS 18 WILL BE ADDED TO INVOICES UNPAID AFTER 34 DAYS ON REVERSE SIDE DAMAGE AND SHORTAGE CLAIMS SHOULD BE MADE TO TRANSPORTATION COMPANY. NO MERCHANDISE ON THIS INVOICE IS RETURNABLE UNLESS CLAWS MADE WITHIN 30 DAYS -AND ONLY THEN WFTH OUR WRITTEN CONSENT. NO PRIVATE BRANDED GOODS MAY BE RETURNED ATANY TIME. INVOICE 1 37 1 NUMBER 238111 b 4kf wt ff DATE 04 -15 -10 Committed To Serving The Game. PAGE NO 1 3865 COMMERCIAL AVENUE NORTHBROOK, IL 60062 PHONE: 847- 943 -2399 1 -800 -869 -1800 SO NBR R14675 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 BRIAN JHOVANY DIA 01 -96 04 -12 -10 UPS 2% 10 N 30 IQTY..ORDERED QTY. SHIPPED B/O :PRODUCT NO. DESCRIPTION PRICE AMOUNT E 1 EA 1 62730 BLACK 4 WAY DISPLAY 85.000 85.00 THANK YOU *WE APPRECIATE YOUR BUSINESS* ID 510848 D� to i Init. Zip Account G Account Account Accoun #u list 0( mfaran tarts bprel tfifitfa ;e !(U 715113,V Haft R a: ulXat suppliar )f3... w u l Goo, Lf-,ARN3NC; CE SUBTOTAL DISCOUNT TAX SHIPPING TOTAL PAYMENT REC'D: AMOUNT 85.00 0. 00 0. Up/. 0.00 10.52 95.52 95.52 A SERVICE CHARGE OF 1.5% PER MONTH (ANNUAL RATE SEE TERMS CONDITIONS 18 1 /6) 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 ATANY TIME. GENERAL TERMS AND CONDITIONS OF SALE 1. PRICE. .'t The prices are !hose In effect on the date of shipment. Stenographic and clerical errors are subject to correction. 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 -ir2% par month on any amo'anls 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. 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 by any federal, state or local taxing authority upon or with respect to the sale, purchase or delivery of1he,gools._ If state tax apdits require us to pay sales oruse tax in connection with the transaction, the Buyer wi4i he,requir 3 to reirgburse u ,tJZe tuft amount of such taxes paid plus any interest amount,, Pr r _1 1 Li r 1 1 _1 a`, A A 3 ec` 'i'.i 1.'s- r r� 4, SHIPMENT. 1<7 t r '.r r r.. '1 :i n Buyer is rasp 3tis�6la far ail treigj r tit cFtarge 1 e sxunless otherwise 46fied. Seller reserves the right to designate the routing on a1f stupmj nts. She ill sttem i t(� ho tar -but w 13`Aottg�avantee requested shipping or deiivery`Jates :Alj sbipmanlsMli be t .OjS7 SHIPPING }POINT unless otherwise designated, ti f•) j•i t `4 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, G. LIMITED WARRANTY TO BUYER. Seller warrants that at the time of shipment and for warranty period set forth by Seiler, the goods will be free of defects Ifr material and workmanship. This warranty does not apply to any goods ryhfch have been. neglected, altered, abused, used for a purpose other than the one for which they were mapufactured, repaired by,Buyer or any other person without Seller's written authorization.., or ire..; :ti any manner inconsistent with Sellers oral or writ ten irfs$uctions. •BUyefassurnes 3+9btlity (or patent and'copyrghttinfringemerit vhenrgooasfare ada� r) Buyer's specifications. !'his warranty 1 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, Sellers 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. ta?:- ta yi r .._rr?., i f� te a: `I �t -in.`. 3� 7.' EXCLUSIVE REli 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 OP 1N, IS.SWAtVC OF A CREDIT OR�REFIfND OF THE PURCHASE PRICE WITH RESPECT THERETO. BUYER SHALL BE IES SE ENTITLED TO A REMEDY HEREUNDER ONLY IF 17 NOT' Lj_Eft.IN. WRYING T r 0 E,ALLEGED BREACH OF WARRANTY BEFORE THE EXPIRATION OF THE WARRANTY AND WITHIN TEN DAYS AFTER THE EARLIER OF THE DATE OH �(QtaLD HAVE•BPEN MA N f�i OF REASONABLE DILIGENCE. d. 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 PURP,9$P OR, i4NY.OTf jERIMATTER. SELLER SHALL HAVE NO LIABILITY TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY DESCRIPTION, WHETHER ARISING OUT 6P WARRANT1 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 FAELS 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 net 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 riot 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 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 anu pf> It authority and any other cause either similar or dissimilar beyond the control of the Seller, shall not subject Seiler to any liability to the Buyer, and in suctr event, at lherequasl.of_Sp[fer the tollrue tit of goods to be shipped will not t +art' e j by the quantity not shipped due to such causes, Should Seiler at an time be unable, due to an of the aforesaid Causes, to s its own and II of its customers`e "uirem=nfs` idCitldin custdmers not under supply contract of an y Y RpY 9 9 pPI Y any goods sold hereunder, Seller will allocate its available suppiy of such goods la its customers on such terms astir stay deem advisable and in subb eveni Sgklef stall rtgt be liable to Buyer for failure to ship Buyer the full quantity of the goods contracted for and the balance o(ariy skWorderWIFbe Cancelled: tltl 11, TITLE RETENTION. Cr ";:r`, Seller retains title on all merchandise until paid in tulL 1 2. CLAIM& s r r t a t 1 Ail orders are carefully packaged for safe shipment. If you receive a 156ken 6f damaged'package, contact the carrier a claim. Notify Seller within five days of receipt of goods if there is a discrepancy with your order. yy 11 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 wilt 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. NOWWAIVER. 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 effecl. 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, x t8. EQUAL EMPLOYMENT OPPORTUNITY P.OLICY., J. The Seller affirms its policy of providing Equal bpp`orfunily to all employees and•applidants for empfo�t {ent in accotdance alt applicable Equal Employment OpportainitylAiCrmalive Acfiun Laws, direclives and regulations of Federal, State and Local governing bodies or agencies thereof. INVOICE NUMBER 242358 DATE 06 -03 -10 Committed To Serving The Game. PAGE NO 1 3865 COMMERCIAL AVENUE NORTHBROOK, IL 60062 PHONE: 847-943-2399'9 1-800-869-1800 SO N B R R 14651 FAX: 847 412.9591 WEBSITE: wittekgolf.com CUSTOMER NO: 527228 SOLD C I TY 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 COSTOMER- ORDER ._NO. SALESMAN OFFICE CODE DATE SHIPPED VIA, `PCs. TERMS BRIAN JHOVANY DIA 01 -96 05 -28 -10 FEDEX 2% 10 N 30 QTY. ORDERED QTY. SHIPPED B10 i, W,?RODUCT NO. -DESCRIP PRICE AMO UNT 2 EA 2 62800 MALE JERSEY FORM 72.000 144.00 2 EA 2 62801 FEMALE JERSEY FORM 72.000 144.00 2 EA 2 62843 LADIES BLACK SUSSEX 15.000 30.00 NECKBLOCK 2 EA 2 62823 MENS BLACK SUSSEX 15.000 30.00 NECKBLOCK THANK'YOU *WE APPRECIATE YOUR BUSINES DIM121148 g Init. A ccount Our li Di refe `Rt�CBS alsat°t5 here! Wittek is ccount the�oCals$ E to �attit l�r n t.., ccount A ccount .C: -urtT Y C' L u R caC� r cl_u 3 SUBTOTAL DISCOUNT TAX SHIPPING TOTAL PA YMEN T RECD. AMOUNT_ 348.00 0.0 0.0% 0.0c 45.82 393.82 393.82 A SERVICE CHARGE OF 1.5% PER MONTH (ANNUAL RATE SEE TERMS CONDITIONS �Jj 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 ATANY TIME. t GENERAL TERMS AND CONDITIONS OF SALE 1, PRICE. The prices are those in effect on the date of shipment. Stenographic and derpai errors are subject to correction. 2. PAYMENT. r Goods are'seld 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 1.112% per rhonth on any amounts not paid when due- Notwithstanding such terms of payment, if at any lime Seller in goof 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. 4. `SHIPMENT. Buyer is resp nsihle for alffreight charges unless otherwise.specified. Seller reserves the right to designate the routing on all shipments. Seller yviil attBmbt id honor but will not guarantee requested shipping or delivery dates: Alt shipments wilt be F.Q.B. SH1PPiNG.P01NT 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. Seiler 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. IBuyer assumes liability for patent and'copyrightiinfringement when goods are made tc,Buyers 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 of 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, EXCLUSIVE 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 WiTI,MN THE WARRANTY PERIOD, OR, AT SELLER'S OPTION, ISSUANCE OF A CREDIT OR,REFUND OF THE PURCHASE PRICE WITH RESPECT THERETO, BUYER SHALL BE EFlTITLED TO A REMEDY HEREUNDER ONLY IF IT NOTIFIES SEDER IN WRITING dF THE 81 ACH OF WARRANTY BEFORE THE OF THE WARRANTY AND UVITHIN 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. r EXCEPT AS EXPRESSLY PROVIDED HEREIN, SELLER MAKES NO REPRESENTAT1 N 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 INCIDEr4fAL ;4ND CONSEQUENTIAL DAMAGES SET FORTH HEREIN AE 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 figs authority +lo 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 pare of any shipment hereunder, if such failure is due to acts of God, war labor difficulties, breakdown or damage to the plant facilities of Seiler or Buyer's receiving facilities, embargoes, shortages of any raw materiais or energy at reasonable prices ar 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 auth6rt aitd any other cause either similar or dissimilar beyond the control of the Seller, shall not subject Seiler to any liability to the Buyer, and in such event, at the request of Seller, the total quantify 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 ail 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 shit Buyer the full quantity of the goods contracted for and the balance of any such order wilt be cancelled. 11. TITLE RETENTION. Seller retains title 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 carder immedik-ly In $Ig a cja o,, Nptify Seller within five days of receipt of goods If there is a discrepancy with your order 13. RETURNS. 1 r Buyer may only return merchandise with Sellers written'a iltior zatio r "Upbn'tx nsent, merchandise must be returned within 3dtfayS oQelp4, f4f4ftt 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 eturned. oM1l.' ;t A 14. CHANGES AND CANCELLATION. Orders accepted by the Seiler are not subject to change, except with the Seller's consent. 44- 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 shaft 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 PQLiCY. The Seller affirms its policy of providing Equal Opportunity io all employees aimd applicants for employment ill accordance with ail applicable Equal Employment OppodrinilpAfrrmaiive Action Laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof. INVOICE NUMBER 251841 WI DATE 01 -11 -11 Committed To Serving The Game PAGE NO 1 3865 COMMERCIAL AVENUE NORTHBROOK, IL 60062 PHONE: 847.943 -2399. 1- 800- 869 -1800 50 NBR R28191 FAX: 847 -412 -9591 WEBSITE:.wiffekgolf.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 a SALESMAN CUSTOMER ORDER NO. OFFICE; CODE DATE SHIPPED TERMS VIA PCS BRIAN JHOVANY DIA 01 -96 01 -11 -11 UPS 2% 10 N 30 JOTY. ORDERED CITY. SHIPPED BIO PRODUCT NO F *s DESCRIPTION PRICE AMOUNT 50 EA 50 74311 GOLF KEY 2.750 137.50 SITE #237 MEET US IN ORLANDO AT T E PGA SHOW JAN 27 -29, 2011 AT BOOTH 2443 51889 I I Date Init. Acc® nt at ref rewce sl here! ymte is the exclusiVL' Range Uip:smut 311p it: a —d' Account Account Acca nt:: k I -rj rPY 3 SUBTOTAL DISCOUNT- r TAX, -,,°'SHIPPING.`- TOTAL'' PAYMENTREC'� :AMOUNT'' 137,50 O.00 O.D 0.00 5.70 143.20 143.20 A SERVICE CHARGE OF 1.5% PER MONTH (ANNUAL RATE SEE TERMS CONDITIONS l 7 Z�Ac, 18 9 /6) 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 ATANY TIME. 1 j I GENERAL TERMS AND CONDITIONS OF SALE 1. PRICE. The prices' are lhose -in effect•on the date of shipment. Stenographic and clerical errors are subject to correction. 2. PAYMENT, 1 Gabds are sold o i 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 -112% per month, on any amounts not paid when due. Notwithstanding such terms of payment, it 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 safes or use tax in connection with the transaction, the Buyer will be required to reimburse us the full amount of r• such taxes paid plus any interest amount. t 4. SHIPtJIENT: I ?.,.;,•t G# r '')1 r Y� 11 t Buyer is responsibie,for all freight chargas unless othenYi'se.specified. Seller reserves the right to designate the routing on al4shiprnpnts. Seller will atternpt to `ho noqut wiif nptguipritee requested shipping or delivery dates. All shipments wM be F.O.B. SHIPPING POINT unless otherwise designated. E: RISK OF LOSS. Risk of lass for the goods shall pass to Buyer upon delivery by Seller to a common or private carrier for shipment to Buyer. t 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 le 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 instructions. Buyer assumes liability for patent and copyright Infringement where goods are 'made to Buyer's specifications. This warranty 7 t does not cover any components of the goods not manufactured by Sei but Seller hereby assigns to Buyer any manufacturers 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, Seiter s rendering of technical advice or service in connection with Buyer's order of goods. No representative of Seller or wher person handling the goods is authorized to modify this Section or to use any warranty regarding the goods. EXCLUSEV£ REMEDY FOR BREACH OF WARRANTY. r I t I 1 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 PERIDD, 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,= DSCOVERYSHOULD HAVE BEEN MADE'fN THE`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 ANYCOURT 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 MA,IEURE: ALLOCATION. Failure of Seller to make all or any pad 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 of Buyer's receiving fa6lties, 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 wilt not be reduced by the quantity riot 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 alfocate its available supply of such goods to its customers on such terns 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. Seiler retains title on all merchandise until paid in full 12. CLAIMS. All orders are carefully packaged for safe shipment. If you receive a broken'df damaged,package...contact,the carae:r i ddidf8ly to file a claim. Notify Seiler within five days of receipt of goods if there is a discrepancy with your order r a 13. RETURNS. r_,..... Buyer may only return merchandise with Sellers written authorization. Upon consent, merchandise must Pa returned w�hiiV 3Q days of receipt, freight prepaid. All return items are subject to inspection before credit is authorized. There is a 15 restocking fee for all return, merchandise. Credits wilt be,applied to d)yetiv unt, only. Personalized and custom -made items may not be returned. 14. CHANGES AND CANCELLATION. T s s.` Orders accepted by the Seller are nol•subject to change except with "the Seller's consen? 15. ENTIRE CONTRACT These temts and conditions constitute tf s entire'conf act'be3ween Huyer and Seller, transcending any oral arrangements or representations which maybe 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 remsin.in full force and effect. 17. APPLICABLE LAW. This agreement shall be construed and the fights and obligations of the parties hereto shall be governed by the laws of the State of Illinois. .t6 EQUAL EMPLOYMENT OPPORTUNITY POLICY, The Seller affirms its policy of providing Equal "Opportunity to all employees and-applicants for employment [n'accordance •with aH`applicable EgUal Employmen! OpportunitylAffi6ative Action Laws, directives and regulatons of Federal, State and Local governing bodies or agencies thereof. INVOICE NUMBER 271546 DATE 03 -02 -12 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 R 4 8 0 1 4 FAX: 847 412 -9591 WEBSITE: wittekgolf.com 5272_28 CUSTOMER NO: 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 BRIAN BALLARD RICHARDSON 01 -26 02 -29 -12 UPS NET 30 QTY. ORDERED OTY. SHIPPED B/O PRODUCT NO. DESCRIPTION PRICE AMOUNT 50 EA 50 74311 GOLF KEY 2.750 137.50 SITE 2'37 THANK YOU *WE APPRECIATE YOUR BUSINESS* I 54415 i Dat Tait, Account I Acec tint Account oUr references starts here! Wittek is ACC 1J11t: #'t lsive mange Eq uirSint supplier te... f 4 9. I C i g Z C OUN'i PY CL GCi_� CL�.JL 1 i.. E A R N I N G `C E N 3 E p SUBTOTAL DISCOUNT TAX SHIPPING =TOTAL PAYMENT RECD. AMOUNT j 137.50t 0.00 0.0% 0.00 7.27 144.77 144.77 I A SERVICE CHARGE OF 1.5% PER MONTH (ANNUAL RATE SEE TERMS CONDITIONS '7" rte" i 18 9 /6) 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 ATANY TIME. GENERAL TERMS AND CONDITIONS OF SALE 1. PRICE. t The prices are those in effect on the date of shipment. Stenographic and clerical errors are subject to correction, 2. i iPAYMENT. Goods are solder, 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 fate of 18% annum, or i -1Y1° per rnonlh on any amounts not paid when due. Notwithstanding such terms of payment,-if 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 receivable are reported to C0116ction bureaus. 3. TAXES. in addit* to the price provided herein, Buyer shall pay Seller the amount of any sales, use or other taxes now or hereafter imposed by any.federai, state'or.local taxing authority upon or with respect to the sale, purcEtpse or delivery of the.goods. If state tax judits- require us to pay sales or use tax in conriection with the transaction, the Buyer will be required to reimbursa us the full amount of such taxes paid plus any inierest amount. I f. 4. SHIPMENT. Buyer is responsible for all freight'eharges unless otherwise specified' Seller reserves the right to designate the rowing on afl''Ap"nienis. Seller wiil attempt id honer but will not guarantee requested shipping or delivery dates. All shipments will be F.O.B. SHIPPING POINT unless otherwise designated. r 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 shipmeni to Buyer. 6. LIMITED WARRANTY TO BUYER. Seiler 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 Setter's 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 !o 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 obtigation 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 J r 7. EXCLUSIVE REMEDY FOR BREACH OF WARRANTY, SELLERS ENTIRE OBLIGATION' UNDER THIS WARRANTY SHALL BE LIMITED (AT SELLER'S OPTIONffO 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 NOTiEIES SELLER IN WRITING OF HE ALLEGED BREACH QF WARRANTY BEFORE THE EXPIRATION OF THE WARRANTY AND WITHIN TEN DAYS AFTER THE EARLIER OF THE DATE OF bISCOVERY SHOUL[ HAVE SEEN UDE IN THE EXt6SE OF.REASONABLE DILIGENCE. S. 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 DAMAGi_'S SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SHALL SURVIVE THE DETERN41NATION OF ANY COURT OF COMPETENT JURISDICTION THAT ANY REMEDY PROVIDED HEREIN PAILS OF ITS ESSENTIAL PURPOSE. 9. AGENT'S AUTHORITY. Buyer understands and agrees that no agent, employee or representative of Seller has aulhonty 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 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 suet causes. Should Seller at any time be unable, due to any of tjte aforesaid causes, to supply its ow.n antl all of its customers' requirements (includog customers not under supply contract) of any goods sold hereunder, Seller will allocate Its available supply of such goods tdits'c0sO&rs 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. 11. CLAIMS. All orders are carefully packaged for safe shipment. If you receive a Broken or damaged package, contact the earrianimmediaiely !o fete a claim. Notify Setter within days of receipt of goods if there is a discrepancy with your order. f e f i m m e d 13. RETURNS: 'k t 3 F:.' Buyer may only return merchan`arse'w1n 5Xigf STmlten'aui tortzation. UponTonsert', merchandise must be rH N n days of receipt, freight prepaid: A43 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 accaurnt, 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 govemed by the laws of the State of Illinois. 1 8.. EQUAL EMPLOYMENT OPPORTUNITYPOLICY. I The Seller affirms its policy of providing Equal Opporfuriity to all employees and applicants far ertploymNot in accordance u €In'all applicable Equal Employment OpportunirylAffirmat ve'AcBon I Laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof INVOICE NUMBER 268744 o� DATE 11 -29 -11 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 R 4 4 9 0 3 FAX: 847- 412 -9591 WEBSITE: wittekgolf.com 527228 CUSTOMER NO: SOLD CITY OF CARMEL SHIP BROOKSHIRE GC TO DBA BROOKSHIRE GOLF COURSE TO 12120 BROOKSHIRE PKWY 12120 BROOKSHIRE PKWY CARMEL. IN 46033 CARMEL. IN 46033 CUSTOMER ORDER NO. SALESMAN OFFICE CODE DATES IPPED VIA PCs. TERM BRIAN BALLARD RICHARDSON 01 -26 11 -28 -11 UPS NET 30 CITY ORDERED CITY. SHIPPED B/O PRODUCT NO. DESCRIPTION PRICE AMOUNT 1 EA 1 73651 50G JR BRUSH DRUM W /LINER 301.500 301.50 SEE US IN ORLANDO AT THE PGA SHOW JAN 26- -28, 2012 AT BOOTH #2443 ATTN BRIAN BALLARD snit. z: Our list ei reterences starts here! V'-nd.v..... the exclusive Range Equipment uppI10 C1 to `S J COlIidTR`:' C,LUa ?L. CLUB I LFARNING CEN l EP SUBTOTAL DISCOUNT TAX SHIPPING TOTAL PAYMENT REC'D. AMOUNT 301.50 0.00 0.0% 0.00 15.14 316.64 316.64 A SERVICE CHARGE OF 1.5% PER MONTH (ANNUAL RATE SEE TERMS CONDITIONS 18 9 /6) 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. t GENERAL TERMS AND CONDITIONS OF SALE 1. PRICE. I "j r. The prices are those in effect on the date of shipment. Stenographic and clerical errors are subject to correction. PAYMENT.,,i;�I1.1 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 1r2% per month on any amoun 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 Seiiers 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 udits quire us to pay sales or use tax In connection with the transaction, the Buyer will be required.t reimburse us the full amount of such taxes paid plus any interest amount- I t _J A F,..9 V r r IV ''I' r� .J T r_ r1 y.] l i� 1 •p r r•' ji,if i 'I f•1 4. SHIPMENT. Gti 1SE Buyer is responsible for all freighl'charges unless otherwise Oetr8ed. Seller reserves the right to designate the routing on all shipments. Seller0l. at1ern to hondf but will not guarantee requested shipping or delivery dales. All shipments wilt be F.O.B. SHIPPING POINT unless otherwise designated. i 1,! C.' F i; J v l j I ',n 'A S. 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 whic s have peen jjegfected, altered, abused, used for a purpose other than the one t for. which they were manufactured, repaired by Buyer or any pther person without Seller's written.authorizatipn, or >t r used In any manner inconsistent with Seller's oral or written Astructions. Buyer assumes liability for patent and copyngt t infringement vAri 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. 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. is I'.. ti) j I •.'l+;! 'i., Ct i'�1_ I'.rl �11 7!.I f t' '�•:.1 1 7. EXCLUSIVE 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, ORIAT SEL'LER'S OPTION; ISSUANCEOF A'CREDtT ORAEFUND OF THE PURCHASE PRICE WITH RESPECT THERETO. BUYER SHALL BE ENTITLED TO A REMEDY HEREUNDER ONLY IF IT-NOTIFIES SEj.LER IN WRITING OF THE ALLEGE q REACH, OF WARRANTY BEFORE THE EXPERATibN OF THE WARRANTY AND WITHIN TEN DAYS AFTER THE EARLIER OF THE DATE OFDlS SHOULD HAVE BEEN MADE IN TE3E ETERCISE OF REASONABLE DILIGENCE. 8, DISCLAIMER: LIMITATION OF REMEDY. e' t N w t c', EXCEPT AS EXPRESSLY PROVIDED HEREIN, SELLER MAKES NO REPRESENTATION OR'V�AIRANTY, p EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS SOLD HEREUNDER, WHETHER AS TO MERCHANTABICIIY,`FITNESS FOR a 'FARTICUI.'AR PURPOSE ORIANY'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'5AUTHORITY. t_ V. r tit i 11 1 Buyer. understands and agrees that no agent, employee or representative of Seller has authority to bind Setter to any affirrnaErpn, 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 adenf, empjyee or representative of which is not set forth herein shall not constitute a warranty. 14. 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, breAdown or kamage t the plantlfaeilities of Seller or Buyer's receiving facilities, embargoes, shortages of any raw materials or energy at �eagonable prices or from regular sources or on account of shorages thereof, dela y s or failure of any, supplier to deliver, shortages of transportation equipment, compliance with any law or regulation I peter of a2y public aufirojill4,4ld.Say Qther cause either similar or diss''pnilar boyund the cbniroj ofthe Seller, shall not subject Seller to any liabili to the Buyer, and in such event, of the req'uast of Seller, the total quantify of goods to be shipped V,ifE not be redu'ed by the iwt ippe�due to stf h causes. Should Seller at any time be unable, due to any of the aforesaid causes, to supply its own and all of its customers' requiremenfk �nc tudfng customers of under Avy contract) of any good�Ld hereunder, Seller will allocate its available supply of such goods to its customers on such terms as it may deem advisable and m such event Seller shall no KAble to Buyer for failure�o ship Eyyer 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. vy m 12. CLAIMS. 1 All orders are caretu6y 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 onl retum merchandise with Sellers written authorization. Upon consent, merchandise must be returned within 30 days of receipt, freightprepaid 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. Personalg6d and custom -made items may not be returned. 14. CHANGES AND CANCELLATION. 4 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 Salter or Buyer of a breach or provision hereof shall not be deemed a waiver of future compliance therewith arid such provision shall remain in full force and effect. 17. APPLICABLE LAIN. 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 E q ual O oAunit 'to all em fo ees and'a licants for employment in accordance withall a licable'E ual Employment 0 ortuni (Affirmative Action P Y P 9 9 PP Y P Y PP p Y PP q PP tY Laws, directives and regulations of Federal, State and Local governing bodies or agencies thereof. CREDIT MEMO NUMBER C27147 wm T =3. DATE 03 -26 -10 Committed To Serving The Game PAGE NO 1 3865 COMMERCIAL AVENUE NORTHBROOK, IL 60062 PHONE: 847 943 2399.1- 800 869 -1800 SO NBR X 1267-1 FAX: 847 412 -9591 WEBSITE: wittekgalf.cam 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 PS— RICHARDS 01 -26A 03 -26 -10 BEST WAY 10TY. ORDERED QTY. SHIPPED 8I,0 PRODUCT NO. DESCRIPTION .'J, PRICE AM OUNT —1 EA 74233 BILL ACCEPTOR ONLY 675.000 675.00- -1 EA 74243 ACCUMULATOR BOARD 210.000 210.00— —1 EA 74234 ACTUATOR ARM 225.000 225.00 1# 219820 227073 226449 MERCH CREDIT I U C) Ac 00Unti #01 here! Ict +k is AC OIJf�r#IIs1v Range tltgirrl fs9i tla... AcClount Ac ount x U Y S t, y E A R NiNG C P;; E f' SUBTOTAL DISCOUNT y TAX SHIPPING TOTAL PAYMENTREC D: AMOUNT —1110.00 0.0 O.Dj 0.0 1110.00 1,110.00 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 MAY BE RETURNED ATANY TIME. GENERAL TERMS AND CONDITIONS OF SALE r 1. PRICE. The prices are those in Aeet on the date of shipment. Stenographic and clerical errors are subject to correction, 2.. PAYMENT.: I 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 fate fee oomputed at the rate of 18% annum. of 1 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 maybe charged to the Buyer's account. She status of all Sellers accounts receivable are reported to collection bureaus. 3. TAXES. In addition to the pace 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 arrim 4. SHIPMENT. Buyer is responsible for all freight charges unless otherw3se.spe6lied. Seller reservas the right to designate the routing on all shipniernls. Seller YAM atfe„tpt to honor but Vtlll hot guarantee requested shipping or deliv"y dates. Att shipments will be F.O.B. SHIPPING POINT unless otherwise designated, 5. RISK OF LOSS. Ris3, of loss for the goods shall pass to Buyer upon delivery by Seller to a common or private earner for shipment to Buyer. 6. LIMITED WARRANTY TO BUYER. Seller warrants that at the firne of shipment and for warranty period set fodh 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 fora 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. Buyer assUmes liability for-patent and. copynghl infringemen- wh'an,goods are made to Buyei's specifications. This warrant does nn! 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, cf In any other way affected by, anu no obligation or liability shall arise or grow out of, Seller's rendering bf technical advice or service in connac @gn 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. T. EXCLUSIVE REMEDY FOR BREACH OF WARRANTY. SELLER'S ENTIRE OBLIGATION UNDER THIS WARRANTY SHALL BE LIMITED (AT SELLER'S OPTION) TO REPAIR OR REPLACEMENT OL- 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 V RESPECT THERETO. BUYER SHALL SE ENTITLEDTO A REME1 DY HEREUNDER ONLY !FIT NOTIFIES SELLER IN 4VfAgtNG OF THE ALLEGED BREACH OF WARRANTY BEFORE THE EXPIRATION OF THE- YARRANTY AND WiTPNN 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 MAX E3 NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPL €ED. WITH RESPECT TO THE GOODS SOLD HEREUNDER, OiHETHER AS f0 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 CON T, RACT, NEGLIGENCE OR OTHER TORT, OR OTHERIAIiSE THE PARTIES EXPRESSLY AGREE THAT THE LIMITATIbNS OF INCIDENTAL'ANAdNSEQUENTiAL DAINAGES'SET FORTH HEREIN ARE AGREED ALLOCATIONS OF P iSlt AND SHALL SURVIVE THE DETERMINATION OF ANY COURT OF COMPETENT JURISDICTION THAT ANY REMEDY PROVIDED HEREIN PAILS OF ITS ESSENTIAL PURPOSE. 9. AGENT'S AUTHORITY. Buyer understands and agrees ',hat no agent, employee or representative of Seiler has authority to bind Seller to any affirmation, repre"rniativn 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 represeniation made by any agent, employee Or representative of which is not set forth herein shad not constitute a warranty. i9. FORCE MAJEURE: ALLOCATION. Faflnre o` Seller io 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 fa6i4ies of Seliet 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 doiieir, shorlages 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 centre; of the Seiler, shall not subject Seller to any liability io the Buyer, and in such event, at the request of Seller, the total quantity of goads to be shipped will not be reduced by the quantity not shipped due to such causes. Shoup 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, I Soifer wftt aflooaie its available supply of such goods to its customers on such terms as it may deem advisable and in such event Seller shaft 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, I 11, TITLE RETENTION. Seller retains fire on all merchandise untit paid in full. 12. CLAIMS. Ail orders are cRmi"Ay packaged for safe shipment, if you receive a"broken or damaged package, contact the carrier immediately to No a clai r.. Notify Seller within kve days" o1 receipt of r, ,ds if there is a discrepancy with your order: 13. RETURNS. Buyer may only return merchandise with Seffei's" vrdtten authorization. Upon consent,, merchandise must kip 30 days of receipt, freight prepaid. Al return items are ;object to inspection before credit is authorized. There is a',5% restocking fee for all returned merchandise. Credits va be appEed In buyer's accgunl, only. Personalized and custafir -made items play not be returned. D ?q,. 14. CHANGES AND CANCELLATION, Orders accepted by the Seller are not subject to change, except tt jA the Setters consent. 15. ENTIRE CONTRACT. f these terms and conditions constitute the entire contract between buyer and Seller, transcending any oral arrangements or representations which may be inconsistent therevigh. 1 16. NON.WAIVER. IIII 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 romsin in full force and effect. I 17, APPLICABLE LAW. This agreement sha!I be construed and the rights and obligations of the parties hereto shall be governed by the laws of the State oI Illinois, 18. EQUAL EMPLOYMENT OPPORTUNITY POLICY. The Seller affirms its policy of providing Equal Opporlu4,, to all emptoyees and applicants for employment in accordance'with all applicable Equal Empleymr nt OpporrUrityrAffirrraiive Action Laws, drrectives and regulations of Federal, State and Local governing bodies or agencies thereof. VOUCHE N O. WARRANT NO. ALLOWED 20 Wittek IN SUM OF 3865 Commercial Avenue Northbrook, IL 60062 $126.74 ON ACCOUNT OF APPROPRIATION FOR Brookshire Golf Club PO# Dept. INVOICE NO. ACCT #!TITLE AMOUNT Board Members 1207 C27147 42- 390.99 v J ($1,110.00) 1 hereby certify that the attached invoice(s), or 1207 238111 42- 390.99 $95.52 bill(s) is (are) true and correct and that the 1207 1 240829 I 42- 390.99 $142.79 1 materials or services itemized thereon for 1207 242358 42- 390.99 I/ $393.82 which charge is made were ordered and 1207 251841 42- 390.99 0 143.20 1207 268744 42- 390.99 0l 316.64 received except 1207 I 271546 42- 390.991 ✓$144.77 Monday, March 12, 2012 14 C Director, Brookshire Club Title Cost distribution ledger classification if claim paid motor vehicle highway fund 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 Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 03/26/10 C27147 Bill Acceptor ($1,110.00) 04/15/10 238111 Display $95.52 05/13/10 240829 Bali Machine Keys $142.79 06103/10 242358 Display $393.82 01/11/11 251841 Ball Machine Keys $143.20 11/29/11 268744 Drum Liner $316.64 03/02112 I 271546 I Ball Machine Keys I $144.77 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 20 Clerk- Treasurer