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172582 05/13/2009 CITY OF CARMEL, INDIANA VENDOR: 359246 Page 1 of 1 ONE CIVIC SQUARE TITLEIST CARMEL, INDIANA 46032 PO Box 88112 CHECK AMOUNT: $716.46 CHICAGO IL 60695 -1112 CHECK NUMBER: 172582 CHECK DATE: 5/13/2009 DEPARTMENT ACCOUNT PO NUMB INV OICE NUMBER A MOUNT D ESCRIPTION Y 1207 4356006 0607003 80.13 GOLF SOFTGOODS 1207 4356006 0622913 636.33 GOLF SOFTGOODS Acushnet Company Telephone 800- 225 -8500 P.O. Box 965 Facsimile 508 979 -3913 Fairhaven MA 02719 -0965 C� INVOICE NO. INVOICE DATE DATE ENTERED REMIT TO: 0607003 4/27/09 4/22/09 TITLEIST PO BOX 88112 ACCOUNT NUMBER 020548 1231 036817 1231 00126 CHICAGO, IL 60695 -1112 SOLD TO: 5 SHIP TO: BROOKSHIRE GOLF CLUB CITY OF CARMEL ATTN MELISSA MONTGOMERY BROOKSHIRE GOLF CLUB 12120 BROOKSHIRE PKWY 12120 BROOKSHIRE PKWY CARMEL IN 46033 -3314 CARMEL IN 46033 -3314 i t TERMS: 2.00% 5/27/09, NET 7/26/09 PAYMENT OPTIONS, SEE BELOW TITLEIST ORDER NO. DATE SHIPPED SHIPPED VIA CUSTOMER'S PURCHASE ORDER NO. 5F- 947911 -00 1 4/27/09 FEDG 042109 -2 RF 47 SI DESCRIP_TION� UNIT. QUANTITY QUANTITY UNIT AMO�JNT ORDERED SHIPPED PRICE *MUST HAVE PO NUMBER TAG FOR: MR. KOS 808RSS5408 VOKEY RH TC 54.08 EA 1 1 75.00 75.00 SUB TOTAL 75.00 SHIPPING HANDLING CHGS 6.63 NET INVOICE 81.63 PAYMENT OPTIONS; IF NET INVOICE AMOUNT IS PAID IN FULL B 5/27/09 DEDUCT DISCOUNT OF $1.50 2 REMIT $80.13 6/26/09 DEDUCT DISCOUNT OF $.75 1 REMIT $60.88 7/26/09 NET REMIT $81.63 n b a 0 i w U LL A MONTHLY LATE PAYMENT CHARGE OF 1.50% IS MADE ON ANY 9BACLOAI�NCEE P�UNPAID 3]0�� DAYS Ip AFTER DUE DATE. THE STIPULATED LATE PAYMENT I CHARGE RATE MAY BE REDUCED BY THE BUYER S i�jW4g YE SIDE F RRCO 5ALkOCAL LAWS AND ORDINANCES. Titleist Conditions of Sale The Following Conditions of Sale "Conditions shall exclusively apply to all transactions between Acushnet Company "Acushnet and any buyer of Titleist, Cobra and /or Pinnacle products (`Buyer I. Prices Prices subject to change without notice. In case of price change, all goods shat l be invoiced at the price in effect upon shipment. In the event of a price increase, Buyer may accept or decline delivery at the new price within ten days of general announcement thereof. Time periods for calculating early payment discounts or other sales program eligibility are strictly enforced. The starting time for determining compliance with any discount terms or other program eligibility shall be the applicable invoice date. No post -audit or other program eligibility or other adjustments will be made unless Buyer notifies Acushnet of its deduction claim within six months of the applicable invoice date. 2. Controlling Terns and Conditions Notwithstanding the provisions of any other writing, including, but not limited to, Buyer's purchase order or other request for shipment of goods, all goods are sold by Acushnet pursuant to the terns and conditions found in Acushnet's invoices, credit applications, price lists, catalogs and other relevant: documents. Accordingly, Buyer assents to these Conditions, acknowledges that any dif crent or conflicting terns on Buyer's purchase order or other request for shipment of goods are hereby expressly rejected, and agrees that no other terns and /or conditions shall apply. Absent such assent, the beginning of performance or delivery shall be for Buyer's convenience and shall not be construed as acceptance of Buyer's terms and conditions. If a contract is not earlier formed by mutual agreement in writing, acceptance of any product by Buyer shall be deemed acceptance of these Conditions. These Conditions may not be altered by a course of conduct and may only be altered by a writing signed by an authorized Acushnet representative. 3. Late Payment Charges Invoices not paid within thirty (30) days of due date shall incur a service charge at the rate of the lesser of one and one -half percent (1.5 per month or the highest rate permitted bylaw on any outstanding overdue balance. Prices are exclusive of all sales, use and like taxes. Buyer shall pay all taxes and /or import duties associated with the sale of products purchased from Acushnet. Any taxes required to be collected or paid by Acushnet (other than taxes on Acushnet's income) shall be paid by Buyer to Acushnet. 4. Delivery, Title. Risk of Loss Shipments are subject to availability. Acushnet reserves the right to (i) schedule and /or reschedule any order, at Acushnet's discretion (unless otherwise specified by Buyer), and (ii) decline any order for credit reasons or any other reason in Titleist's sole discretion. Acushnet will use reasonable efforts to meet any scheduled shipment date, but will not be liable for delay in meeting a scheduled shipment date for any reason. Products in short supply will be allocated equitably, at Acushnet's discretion, among its customers. Unless otherwise stated in an applicable sales program, all products shall be delivered to Buyer F.O.B. origin upon transfer to a common carrier. All transportation, shipping, handling, insurance and other charges shall be paid by Buyer. All non- carstock shipments shall be made freight prepaid, with such costs reimbursed to Acushnet by Buyer. Upon delivety to carrier, title and risk of loss to all products shall pass to Buyer. In the event of any loss, Buyer has the responsibility for promptly advising the carrier and insurer of the loss, for filing a claim and for recovery of any sums owed by such parties to Buyer. Claims for shortages or deductions must be presented to the Titleist Customer Service Department at 800- 225 -23500 within 30 days of shipment receipt or no allowances will be made. 5. Limited Warranty Acushnet extends a limited warranty on its products as set forth separately in Titleist and Cobra publications. The remedies stated on each such statement are Buyer's sole and exclusive remedies for warranty claims. To obtain warranty benefits, the defective product and a statement of the claimed defect must be provided to Acushnet. Acushnet reserves the right to inspect all warranty claims to determine in its sole discretion, the extent if any, of warranty application. Acushnet does not sell or return component parts. All products returned for warranty claims become the property of Acushnet. All returns must include a return authorization number that is clearly displayed on the outside of the package. Unauthorized returns will not be accepted. Acushnet's warranty provides specific legal rights. Other rights may exist, which may vary from state to state. Acushnet may amend this warranty policy at any time. 6. Returns Merchandise may not be returned without written authorization from Acushnet. Returns for credit or exchange will not be accepted unless the merchandise is in resaleable "new" condition as determined by Acushnet, in its sole discretion. Merchandise should be returned to the distribution center from which it was shipped. 1. Limited Liability Acushnet will not be liable for any failure or delay in performance due in whole or in part to any cause beyond Acushnet's reasonable control including, but not limited to, strikes, riots, wars, fire, acts of God, terrorist attacks, computer failures, or acts of compliance with any law or government regulation. In no event shall Acushnet be liable to Buyer for ('i) any special, indirect, incidental or consequential damages, or (ii) any damages resulting from loss of use or profit. S. Governing Law All transactions hereunder shall be governed by the laws of the Commonwealth of Massachusetts without regard to the principles of conflicts of law. Acushnet Company Telephone 800 225 -8500 �3 P.O. Box 965 Facsimile 508 -979 -3913 Fairhaven MA 02719 -0965 IJ V INVOICE NO. INVOICE DATE DATE ENTERED REMIT TO: 0622913 4/30/09 11/05/08 TITLEIST ACCOUNTNUMSER PO BOX 88112 020548 1231 036817 1231 00126 CHICAGO, IL 60695 -1112 sOLoro: 5 sHIPTO: BROOKSHIRE GOLF CLUB CITY OF CARMEL BROOKSHIRE GOLF CLUB ATTN MELISSA MONTGOMERY 12120 BROOKSHIRE PKWY 12120 BROOKSHIRE PKWY CARMEL IN 46033 -3314 CARMEL IN 46033 -3314 TERMS: III�II{Il nll��nllll nll�l�llll�lllll�III�I�I�IIIill�u n���� 2.00% 5/30/09, NET 7/29/09 PAYMENT OPTIONS, SEE BELOW TITLEIST ORDER NO. DATE SHIPPED SHIPPED VIA CUSTOMER'S PURCHASE ORDER NO. 5F- 393944 -00 1 4/30/09 FEE G 110308 RF 47 SI DESCRIP UNIT QUANTITY QUANTITY UNIT AMOUNT ORDERED _SHIPPED_. -..PRICE_ _j *MUST HAVE PO NUMBER TH9ADJ02 -0 BAMBOO ASSORTED CAP EA 12 12 12.50 150.00 TH9COL -IN INDIANA TITLEIST COLLEGI EA 12 12 14.00 168.00 TH9COL -PD PURDUE TITLEIST COLLEGIA EA 12 12 14.00 168.00 TH9MLB -CUBS CUBS NIB TITL CAP EA 12 0 14.00 .00 TH9WEA02 -0 BUCKET HAT ASSORTED EA 12 12 12.50 150.00 SUB TOTAL 636.00 SHIPPING HANDLING CHGS 13.05 NET INVOICE 649.05 WHERE OUANTITY ORDERED EXCEEDS OUANTITY SHIPPED BALAN HAS BEEN BACK ORDERED PAYMENT OPTIONS; IF NET INVOICE AMOUNT IS PAID IN FULL Y: 5/30/09 DEDUCT DISCOUNT OF $12.72 2 REMIT $636.33 6/29/09 DEDUCT DISCOUNT OF $6.36 1 REMIT $642.69 7/29/09 NET REMIT $649.05 0 w x U A MONTHLY LATE PAYMENT CHARGE OF 1.50% IS MADE ON ANY BALANCE UNPAID 3�0gT DAYS AFTER DUE DATE. THE STIPULATED LATE PAYMENT CHARGE RATE MAY BE REDUCED BY THE BUYER IF Sg�JE�D�UFS 40 %1116IVS UF- RLiOCAL LAWS AND ORDINANCES. Titleist Conditions of Sale The following Conditions of Sale "Conditions shall exclusively apply to all transactions between Acushnet Company "Acushnet and any buyer of Titleist, Cobra and/or Pinnacle products ("Buyer L Prices Prices subject to change without notice. In case of price change, all goods shall be invoiced at the price in effect upon shipment. In the event of a price increase. Buyer may accept or decline delivery at the new price within ten days of general announcement thereof. Time periods for calculating early payment discounts or other sales program eligibility are strictly enforced. The starting time for determining compliance with any discount terms or other program eligibility shall be the applicable invoice date. No post -audit or other program eligibility or other adjustments will be made unless Buyer notifies Acushnet of its deduction claim within six months of the applicable invoice date. 2. Con trolling Terms and Conditions Notwithstanding the provisions of any other writing, including, but not limited to, Buyer's purchase order or other request for shipment of goods, all goods are sold by Acushnet pursuant to the terms and conditions found in Acushnet's invoices, credit applications, price lists, catalogs and other relevant documents. Accordingly, Buyer assents to these Conditions, acknowledges that any different or conflicting terns on Buyer's purchase order or other request for shipment of goods are hereby expressly rejected, and agrees that no other terms and/or conditions shall apply. Absent such assent, the beginning of performance or delivery shall be for Buyer's convenience and shall not be construed as acceptance of Buyer's terms and conditions. If a contract is not earlier formed by mutual agreement in writing, acceptance of any product by Buyer shall be deemed acceptance of these Conditions. These Conditions may not be altered by a course of conduct and may only be altered by a writing signed by an authorized Acushnet representative. 3. Late Payment Charges lnvoices not paid within thirty (30) days of due date shall incur a service charge at the rate of the lesser of one and one -half percent (1.5 per month or the highest rate permitted by law on any outstanding overdue balance. Prices are exclusive of all sales, use and like taxes. Buyer shall pay all taxes and /or import duties associated with the sale of products purchased from Acushnet. Any taxes required to be collected or paid by Acushnet (other than taxes on Acushnet's income) shall be paid by Buyer to Acushnet. 4. Delivery, Title, Risk of Loss Shipments are subject to availability. Acushnet reserves the right to (i) schedule and/or reschedule any order, at Acushnet's discretion (unless otherwise specified by Buyer), and (ii) decline any order for credit reasons or any other reason in Titleist's sole discretion. Acushnet will use reasonable efforts to meet any scheduled shipment date, but will not be liable for delay in meeting a scheduled shipment date for any reason. Products in short supply will be allocated equitably, at Acushnet's discretion, among its customers. Unless otherwise stated in an applicable sales program, all products shall be delivered to Buyer P.O.B. origin upon transfer to a common carrier. All transportation, shipping, handling, insurance and other charges shall be paid by Buyer. All non- carstock shipments shall be made freight prepaid with such costs reimbursed to Acushnet by Buyer. Upon delivery to carrier, title and risk of loss to all products shall pass to Buyer. In the event of any loss, Buyer has the responsibility for promptly advising the carrier and insurer of the loss, for filing a claim and for recovery of any sums owed by such parties to Buyer. Claims for shortages or deductions must be presented to the Titleist Customer Service Department at 800- 225 -8500 within 30 days of shipment receipt or no allowances will be made. 5. Limited Warranty Acushnet extcnds a limited warranty on its products as set forth separately in Titleist and Cobra publications. The remedies stated on each such statement are Buyer's sole and exclusive remedies for warranty claims. To obtain warranty benefits, the defective product and a statement of the claimed defect must be provided to Acushnet. Acushnet reserves the right to inspect all warranty claims to detennme in its sole discretion, the extent if any, of warranty application. Acushnet does not sell or return component parts. All products returned for warranty claims become the property of Acushnet All returns must include a return authorization number that is clearly displayed on the outside of the package. Unauthorized returns will not be accepted. Acushnet's warranty provides specific legal rights. Other rights may exist, which may vary from state to state. Acushnet may amend this warranty policy at any time. 6. Returns Merchandise may not be returned without written authorization from Acushnet. Returns for credit or exchange will not be accepted unless the merchandise is in resaleable "new" condition as determined by Acushnet, in its sole discretion. Merchandise should be returned to the distribution center from which it was shipped. 7. Limited Liability Acushnet will not be liable for any failure or delay in performance due in whole or in part to any cause beyond Acushnet's reasonable control including, but not limited to, strikes, riots, wars, fire, acts of God, terrorist attacks, computer failures, or acts of compliance with any law or government regulation. In no event shall Acushnet be liable to Buyer for (i) any special, indirect, incidental or consequential damages, or (ii) any darnages resulting from loss of use or profit. S. Governing Law All transactions hereunder shall be governed by the laws of the Commonwealth of Massachusetts without regard to the principles of conflicts of law. Prescribed 1�y State;�oard of Accounts ACCOUNTS PAYABLE VOUCHER City Form No. 201 (Rev. 1995) 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. C/ Terms Date Due Q Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) J Q a G b tZ 3 Total 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 VOUCHER NO. WARRANT NO. ALLOWED 20 IN SUM OF ON ACCOUNT OF APPROPRIATION FOR Board Members Pp# or INVOICE NO. ACCT #/TITLE AMOUNT DEPT. I hereby certify that the attached invoice(s), or 660 66 3 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 SiQDature Title Cost distribution ledger classification if claim paid motor vehicle highway fund