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Home My WebLink About180978 12/30/2009 CITY OF CARMEL, INDIANA VENDOR: 359245 Page 1 of 1 ONE CIVIC SQUARE TAYLOR MADE GOLF COMPANY, INC CHECK AMOUNT: $60.09 CARMEL, INDIANA 46032 PO BOX 406043 ATLANTA GA 30384 -6043 CHECK NUMBER: 180978 CHECK DATE: 12/30/2009 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1207 4356007 13498200 60.09 GOLF HARDGOODS INVOICE 13498200 a yloff" acie c& AsM" Taylor Made Golf Company, Inc. DATE ACCOUNT NUMBER PAGE 5545 Fermi Court 12/21/09 614109 1 Carlsbad, CA 92008 7324 CALL FOR AUTHORIZATION TO RETURN MERCHANDISE FOR SALES, SERVICE AND BILLING INQUIRIES CALL (800) 888 -2582 J; SOLD TO: 302 000000146 SHIP TO: �ulu �I�III�IIIIIIII� I IIIIiII BROOKSHIRE GOLF CLUB 540602 12120 BROOKSHIRE PKWY CARMEL IN 46033 -3314 BROOKSHIRE GOLF CLUB ATTN: PAUL BLOCKOMS 12120 BROOKSHIRE PARKWAY CARMEL IN 46033 ACCOUNT NUMBER SALESMAN ORDER NO. ORDER DATE TERMS 614149 21? 1 12/18/09 NET 60 COMPANY PURCHASE ORDER NUMBER SHIP VIA DOMESTIC SALES WHITTAKER FEDEX GROUND ii .iA�I ITY R..._ AFTER l.. tTENi NUMBER DESCRIPTION iiftf 4_ PP D UNIT PRICE EX ENDED PRICE DiSCGUNT PRICE nc .SNIPPED DI TA.G; WHITTAKER BRIAN /ANNE 8161731 Innolux 2.0 Runwhite /Tita 9.5 1 54.00 54.00 54.00 SUB -TOTAL ADD. DISCOUNT ADD. CHARGES TAXES HIPPING CHARGES TOTAL AMOUNT DUE TOTAL TOTAL TOTAL PRICE 54A0 EXTENDED PRICE DISCOUNT AFTER DISCOUNT O. DO 0.00 0.00 6.09 USD IF PAID BY: 02/19/10 54.00 54.00 60.09 TAYLORMADE- ADIDAS GOLF COMPANY "TMAG BUSINESS POLICY AND GENERAL TERMS AND CONDITIONS Consisent with its slogan, TMaG strives to create "The Best Performance Golf Brands in the World." We accomplish this through meaningful innovations and technologies combined with a respect for the traditil)ns of the game. TMaG prides itself on the -high quality and premium image of its products and brands in the golf industry. In order to maintain and further its quality and premium brand image TMaG has set forth the following policy (the "Business Policy It is TMaG's policy to do business only with qualified accounts of its selection, and upon the unilateral terms and conditions set fort below. TMaG reserves the sole right to determine the accounts with whom it will deal, the terms and conditions upon which it will deal, and may determine not to deal further with accounts that do not meet these terms and conditions. 1 1. PORTRAYAL OF TMAG QUALITY AND PREMIUM BRAND IMAGE: An account shall present the TMaG 8. INTELLECTUAL PROPERTY: in order to protect TMaG's trademarks, logos, trade names, trade dress brands and its products in a manner consistent with the premium nature of the TMaG brands. All on -site and goad will, TMaG products sold by accounts shall not be disassembled, reassembled or solrtas and off -site communications, advertising, and other communications with consumers shall be separate components in any manner. Tl trademarks, logos, trade names, or trade dress are not to consistent with this premium brand image and shall comply with all standards set by and under the be used on any products other than genuine TMaG products as manufactured and delivered by TMaG, control of TMaG and communicated to the account from time to time. At a minimum, an account shall: Accounts shall not make, sell or otterto sell products that infringe TMaG's or otters intellectual property (a) render prompt, effective and courteous service with respect to the sale of TMaG products, including rights, including patents, trademarks and copyrights. It is expressly forbidden for TMaG accounts to sell all services to which a retail customer of TMaG products is entitled; (b) vigorously and aggressively products bearing counterfeit marks or products that are confusingly similarto premium golf equipment, encourage the retail sale of TMaG products; (C) establish and maintain, independently and in conjunction generally referred to as "clones" or "knockoffs." TMaG reserves the right to refuse to deal and to refuse with TMaG, advertising and marketing policies that emphasize the high quality characteristics of TMaG to deal further with an account that infringes upon the intellectual property rights of TMaG or others. products; (d) provide clear, modern and adequate retail outlet(s) necessary for proper merchandising and selling of TMaG products; (e) attend presentations conducted by TMaG sales representatives for 9. SELLING PRICE: Each account has sole and complete discretion to determine the prices at which it the purpose of acquiring knowledge about the technical characteristics of Tl products; (f) notify TMaG's will resell TMaG products to customers. This policy cannot be modified or altered in any form by anyone credit department in writing prior to any change in account legal organization, method of doing business at TI without the advance written approval of an officer of Tl Only an approved account, and no or any other material matter; (g) employ qualified personnel who have been trained to properly service other entity or person, can make pricing decisions for the resale of TMaG products. Prices at which TMaG and fit the equipment, apparel, and footwear needs of golfers; and (h) cooperate with TMaG with respect products are resold to consumers by approved accounts will not effect the allocation of TMaG products. to periodic quality control inspections, An account will not be required to order more product than it wishes to purchase. This paragraph incorporates by reference the terms and conditions of the TMAG NPSP. 2. PROHIBITION ON MISREPRESENTATION(S): An account shall not in any manner misrepresent TMaG or the nature and quality of TMaG products, or act in any manner which tends to damage TMaG's 10. Acce tp ante: All orders are subject to acceptance by Tl Acceptance of orders is conditioned premium brand image, reputation or good will. TMAG will refuse to deal with any account whose conduct upon Customers' acceptance of these Terms and Conditions. An invoice issued with respect to is deemed detrimental to the TMaG premium image, which shall be determined in the sole discretion an order shall supersede any prior written, verbal or implied agreement made by any TMaG of Tl TMaG will not deal with any account that purchases or sells Tl products that have been employee or representative. altered or defaced in any way 11. GOVERNING LAW: The validity, interpretation and performance of this Business Policy shall be 3. ADVERTISING OF TMAG PRODUCTS: In order to protect the integrity of TMaG's trade names, trade governed by the laws of the State of California. marks, logos, artwork, trade dress, and any otter intellectual property information, advertising of any kind using or depicting TMaG's trade names, trade marks, logos, artwork, trade dress or any other TMaG 12. WHOLESALE PRICES: All prices are subject to change without notice, at TMaG's sole discretion, intellectual properly is subject to review and approval by TMaG. TMaG products shall not be used in any from time to time. In case of a price change, all orders will be invoiced at pricing prevailing at time of advertising which involves predatory pricing, lass leader pricing, or bait and switch tactics. TMaG shipment, reserves the right to refuse to deal and to refuse to deal further with any account that violates this provision. 13. PAYMENT TERMS: Payment terms are 2% 30 days, net 60 days from invoice date, unless otherwise specified. A monthly late payment charge of 1.5% will be assessed on any unpaid balance after due 4. ACCOUNT SELECTION /RETAIL SALES /PROHIBITION ON REDISTRIBUTION: To enhance informed date. TMaG may immediately terminate Customer's ability, if any, to purchase goods on credit or selection and promote its premium image, Tl only sells to selected retail accounts for retail sale, on otherwise at any time in TMaG's sole discretion. The terms in this Paragraph 13 may be revised, at the express condition that such accounts may not resell to any person or entity who is not also the final TMaG's discretion, from time to time, and for specific products. with written approval from fhe National user or consumer. Accounts may only be approved by the TMaG National Sales Manager or an officer of Sales Manager or an officer of TMaG. the company, and only with advance written approval. Retail accounts may only sell from a location or locations approved in advance by Tl and only under the trade name approved in advance by TMaG. 14. RESPONSIBLE PARTY: The party responsible for payment of all TMaG invoices shall pay these Such approval must be in writing. All new locations or trade names are subject to individual approval as invoices in accordance with stated invoice terms. a new account, and TMaG products shall Pat be sold to consumers from any such additional location or under any different trade name without written approval from TMaG. In the event of a change of location, 15. LIMITATION OF LIABILITY: TMaG will not be liable for any loss of profit, interruption of business or name or ownership of an account previously approved by TMaG, the account shall be treated as a new any other special, consequential or incidental damages suffered or sustained by customer, beyond the account. Approval, or lack thereof, shall be within the sole discretion of TMAG. replacement of goods. Any claims for shortages or billing errors must be made to TMaG within ten (10) days of the date of the invoice. Delivery shall be made on, or as near to the requested ship date as 5. INTERNET CATALOGUE ADVERTISING AND SALES (AND SIMILAR CHANNELS): TMaG has possible, contingent upon manufacturing conditions, including strikes, accidents or other causes beyond determined that much of the price advertising of golf equipment in catalogues, print media and the our control. Unless otherwise negotiated, all prices shall be subject to any import duties or taxes which Internet is often detrimental to the maintenance of a high quality, premium brand image. Such may be imposed, and which shall be for the account of the buyer. Our responsibility ceases upon delivery advertising generally tends to commodotize the golf equipment otters of various manufacturers, of these goods to a common carrier. notwithstanding the heterogeneous nature of the products offered. This tends to do- emphasize customer suitability and fit, and to overemphasize low price and volume sales. This tends to encourage "free 16. RETURNS: No returns will be accepted without prior written authorization. Alt unauthorized returns wide the level of service required of a premium brand of merchandise will be assessed a restocking charge and/or shopworn fee, unless otherwise specified Rhove reasons, Ill has recognized that it may be in advance. Orders for non standard specifications and /or equipment may not be canceled or returned. 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 r whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee 4� Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) �a?60 11 d' S a ZI Total Q I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6. 20 Clerk- Treasurer VOUCHER NO. WARRANT NO. 1 ALLOWED 20 IN SUM OF ON CCOUNT OF APPROPRIATION FOR AZ 0 7 �d/ s Board Members Po# or INVOICE NO. ACCT #/TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or v p d, D9 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 C „29 20 d Signatur Cost distribution ledger classification if T le claim paid motor vehicle highway fund