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211517 07/31/2012
CITY OF CARMEL, INDIANA VENDOR: 359355 Page 1 of 1 ONE CIVIC SQUARE WITTEK CARMEL, INDIANA 46032 3865 COMMERCIAL AVE CHECK AMOUNT: $103.38 NORTHBROOK IL 60062 CHECK NUMBER: 211517 CHECK DATE: 7/3112012 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1207 4350400 282755 103 . 38 GROUNDS MAINTENANCE INVOICE NUMBER 282755 F-7 171 ' DATE 07-25- 12 Committed To Serving The Game. PAGE NO 1 3865 COMMERCIAL AVENUE•NORTHBROOK,IL 60062 SO NBR. R58651 PHONE:847-943-2399.1-800-869-1800 FAX:847-412-9591 •WEBSITE:wittekgolf.com 527228 CUSTOMER NO: SOLD CITY OF CARMEL SHIP BROOKSHIRE GOLF COURSE TO DBA BROOKSHIRE GOLF COURSE TO 12130 BROOKSHIRE PKWY 12120 BROOKSHIRE PKWY CARMEL, IN 46033 CARMEL, IN 46033 CUSTOMER ORDER'NO. ';,'' -SALESMAN, OFFICE±CODE ." DATE SHIPPED VIA PCs. TERMS f --BR=IAN-BRJ-AN BAL -k R I-C-HARDSON 01-26 07-25=12 UPS j,OTY ORDERED OTY.SHIPPED .B10 PRODUCT NO DESCRIPTION% PRICE AMOUNT G 2 EA 2 77010 BALSHAG TUBE 16.950 33.90 10 EA 10 76281 MEDIUM GREEN PLASTIC PAIL 5.625 56.25 ********THANK YOU******** *WE APPRECIATE YOUR BUSINESS* zo- SUBTOTAL DISCOUNT="" TAX SHIPPING - TOTAL PAYMENT REC'D. AMOUNT I 90. 15 % 0.00 0.0% 0.00 13.23 103.38 103.38 A SERVICE CHARGE OF--1.5%PER MONTH(ANNUAL RATE SEE TERMS&CONDITIONS ?battle 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 IM IS MADE WITHIN 30 DAYS-AND ONLY THEN WITH OUR WRITTEN CONSENT.NO PRIVATE BRANDED GOODS MAY BE RETURNED AT ANY TIME. 3 a', "M/i 1 GENERAL TERMS AND CONDITIONS OF SALE 1. PRICE! �r The prices are those in effect on the date of shipment. Stenographic and clerical errors are subject to correction. 2? C )PAYMENT. c.11,1 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 1-112%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 Buye'r'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,,purchasefor,delivery of the.goods.,If state tax auditg re""q��r 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 plusany interdslfamou'nt.t�'u J I i , r,i i!)!?}1 ):I�I'r1!\.1 -±! ' Y 1 1 .J y , .-{ 1 H, l(iC. ".�I %} t } {r'4tt�t_)� l.1f�C.' �y�i �7 ';f li_ r)?'t 11%�2{I 4. SHIPMENT. t t i .:;.. Y'.! r,•,r Buyer is responsible for alffreighl AI arges unless otherwise)spea ed:(Seller reserves the right to designate the routing on all shipments. Seller�willlatfemptf 4olhono�'b t will not guarahtee requested shipping or delivery dates. All shipments will be F.O.B.SHIPPING POINT unless otherwise designated. } S t};3 P VI j , _I 3 M;t n D 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 beer)neglected,altered,abused,used for a purpose other than the one fqr which they were manufactured,repaiired by Buyer,or any.other.person without Seller's.written.authorizatio2.or used any manner inconsistent with Seller's oral or written instructions. Buyer assumes liabil'4 for patent and copyright irifringement when goods' bib ode to Buyer's specifiMficns. 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. 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,OR,JkT-\SRLERSOPTIOA,ISSVAN;CE`©F/�CREDITOR REF,,UND'OF THE PURCHASF_RRICE WITH RESPECT THERETO. BUYER SHALViBE ;r ENTITLED TO A REMEDY HEREUNDER ONLY IF IT NOTIFIES SELLER IN WRITING OF THE ALLEGED BREACH OF WARRANTY BEFORE THE EXPIRATION OF THE WARRANTY AND WITHIN TEN DAYS AFTER THE EARLIER OF THE DATE OF DISCOVERY SHOULD HAVE BEEN MADE IN THE EXERCISE OF REASONABLE DILIGENCE. 8. DISCLAIMER:LIMITATION OFREMEDY. t - ,_I -r r_,,3, 1, , EXCEPT AS EXPRESSLY PROVIDED HEREIN,SELLER MAf�ES Nb REPRESENTATION OR WARRANW ,EXPRESS OR IMPLIED,WITH RESPECT TO THE GOODS SOLD HEREUNDER,WHETHER AS TO MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER. SELLER SHALL HAVE NO LIABILITY TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY DESCRIPTION,WHETHER ARISING OUT OF WARRANTY OR OTHER CONTRACT,NEGLIGENCE OR OTHER TORT,OR OTHERWISE. THE PARTIES EXPRESSLY AGREE THAT THE LIMITATIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SHALL SURVIVE THE DETERMINATION OF ANY COURT OF COMPETENT JURISDICTION THAT ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE, 9. AGENT'S AUTHORITY. Buyer understands and agrees that no agent,employee or representative of 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 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 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 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 of the goods contracted for and the balance of any such order will be cancelled. 11. TITLE RETENTION. Seller retains title on ail merchandise until paid in full. 12. 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. 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 governed by the laws of the State of Illinois. 18.1 EQUAL EMPLOYMENT OPPORTUNITY POLICY.r ;1 i I )I; !� 1 The Seller affirms its policy of providing Equal Opportunity to all employees and applicants for employment in accordance with'all applicable Equal Employment OpportunitylAffirmative'Action Laws,directives and reaulations of Federal,State and Local governing bodies or agencies thereof. /' 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 a Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 07/25/12 282755 Balshag Tubes $103.38 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 Wittek IN SUM OF $ 3865 Commercial Avenue Northbrook, IL 60062 $103.38 ON ACCOUNT OF APPROPRIATION FOR Brookshire Golf Club PO#/Dept. INVOICE NO. ACCT#/TITLE AMOUNT Board Members 1207 I 282755 I 43-504.00 I $103.38 1 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 Monday, July 30, 2012 Director, BrookshirAColf Club Title Cost distribution ledger classification if claim paid motor vehicle highway fund