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214126 10/23/2012 CITY OF CARMEL, INDIANA VENDOR: 359355 Page 1 of 1 ` ONE CIVIC SQUARE WITTEK _. CHECK AMOUNT: $66.87 CARMEL, INDIANA 46032 3865 COMMERCIAL AVE c o� NORTHBROOK IL 60062 CHECK NUMBER: 214126 CHECK DATE: 10/23/2012 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1207 4350000 286735 66 . 87 EQUIPMENT REPAIRS & M i INVOICE NUMBER 286735 � D ��Z ,. DATE 10- 17- 12 Committed To Serving T a Game. PAGE NO 1 3865 COMMERCIAL AVENUE•NORTHBROOK, IL 60062 PHONE:847-943-2399.1-800-869-1800 SO NBR. R62508 FAX:847-412-9591 •WEBSITE:wittekgolf.com ' CUSTOMER NO: 527228 , 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 DIRECT SALES 01-0 10- 17- 12 UPS NET 30 QTY.ORDERED 'QTY.'SHIPPED B/O ` PRODUCT NO. DESCRIPTION PRICE AMOUNT 6 EA 6 74239 DOLLAR BILL CLEANING CARD 0.990 5.94 1 EA 1 74315 KEYPORT W/ DOUBLE ROW 50.000 50.00 CONNECTOR * Please contact Wittek Goff for our fall specials. We have sales on end of the year items and pre-books for 2013. Specials end 12/28 1 I Ou? list of eetererices starts here! Witteh is the e%dusi're Range Equipi-nellt.Supplier to... LEA, �,', N N - E N Tcli SUBTOTAL DISCOUNT TAX SHIPPING TOTAL PAYMENT REC'D. AMOUNT 55.94 % 0.00 0.0% 0.00 10.93 66.87 66.87 I A SERVICE CHARGE OF 1.5%PER MONTH(ANNUAL RATE SEE TERMS-&CONDITIONS 'Je!Ca�le 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 AT ANY TIME. GENERAL TERMS AND CONDITIONS OF SALE 1. PRICE. The prices are hose in effect on the date of shipment. Stenographic and clerical errors are subject to correction. ?if;._PFYMENT• Goods are sold on a net bails. 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 1-1/2%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. 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 gtate tax audits requite us to pay sales or use tax in connection with the transaction,the Buyer will be required to reimburse us.the fult.amount of ., t' h, `.I • r'fC r•; :;)`..t, _a-dM1iiA:i 1L, i , I J such taxes paid plu;"ahy Interest amount. ✓W ,'-r _11,1 ° f1 .'S• "t. I \ 1 :}iil..lt {.i .i'.)r.� j7}i I ;-�C' t°)11.(F1 AI-)fi 4. SHIPMENT. , 1 r i ri , t ,• r t Buyer is responsible fob all frelgfl�charges unless ott erwiscspcdf Seller reserves the right to designate the routing on all'shidrtienf§. Sellu wiltariempt td'horiolbut will not guarantee requested shipping or delivery dates. All shipments will be F.O.B.SHIPPING POINT unless otherwise designated. 5. RISK OF LOSS. Risk of loss for the goods shall pass to Buyer upon delivery by Seller to a common or private carrier for shipment to Buyer. 6. LIMITED WARRANTY TO BUYER. Seller warrants that at the time of shipment and for warranty period set forth by Seller,the goods will be free of defects in material and workmanship. This warranty does not apply to any goods which have been neglected,altered,abused,used for a purpose other than the one for which they were manufactured,.repaired by Buyer or any other person without Seller's written authorization,or used in any manner inconsistent with Seller's oral or written instructions. Buyer Ss)Sumes lifabilJty for patent and copyright in)ringemenCWheri goods aremA� iolBbyer's specifications. This warranty does not cover any components of the goods not manufactured by Seller,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 of 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. IN r 11 �{ r, , , 1l)C' ( r , -1 flti i\ f I('t t G`_•4 t A 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 I t; DEFECTIVE WITHIN TIyE V�ARRANTY PERIOD,OR,AT SEbLEfj'$OPTION,ITSSUAfJGE OF ACRW7j OR.REFUND OF THE PURCHASE PRICE-rWITH RESPECT THERETO. BUYER SHAL6BE ENTITLED TO A REMEDY HEREUNDER ONLY IF IT NOTIFIES SELLER IN WRITING OF TH ALLEGED BREACH OF WARRANTY BEF012ETHE EXPIRATION OF THE WARRANTY AND WITHIN TEN DAYS AFTER THE EARLIER OF THE DATE OF DISCOVERY SHOULD HAVE BEEN MAbbill THE EkERG/rSE OF REASONABLE DILIGENCE. 8. DISCLAIMER:LIMITATION OF REMEDY. r- . b EXCEPT AS EXPRESSLY F vibED AEREIN,SELLER KUES OIREPAkNTATION OR WAIRRANTY,"EXPRESS OR IMPLIED,WITH RESPECT TO THE GOODS SOLD HEREUNDER,WHETHER AS TO MERCHANTAWLiTY;FLTNESS FO IA PARTIGULAf PURPOSE OR ANY OTHER-MATTER. SELLER SHALL HAVE NO LIABILITY TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY DESCRIPTION,WHETHER AR{SING OUT OF WARRANTY OR OTHER CONTRACT,NEGLIGENCE OR OTHER TORT,OR OTHERWISE. THE PARTIES EXPRESSLY AGREE THAT'TFfE LIMITATIONS OFhNGIDENTAL°AND GONSEQUENTIAl1tiAMAGES$ET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SHALL SURVIVE THE DETERMINATION OF•ANY COURT C�COMd ETENT;JURISDgPN T(�&gNY;REMEDY PRQVIIQED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. 9. AGENT'S AUTHORITY. Buyer,understands and agrees that no agent,employee or representative of Sellerrhas,authoritytto hind,Sgllet fo any affirmation,representation or warranty concerning the goods which is not set forth herein,and Buyer further un erstapds and agrees that any such affi paitiop of fact,promise o4 epre�seflta ion 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 Buyers 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 all 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 carver 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 Sellers 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. .1 18. EQUAL EMPLOYMENT OPPORTUNITY POLICY. I ((.I The Seller affirms its policy of providing Eg61'OppbAumty to all employees and app)icrants for emplogn e.nt in, accordance with all applicable E�gbal Employment Opportunity/Affir fietive Action Laws,directives and regulations 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 Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 10/17/12 286735 Repair Parts $66.87 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 $66.87 ON ACCOUNT OF APPROPRIATION FOR Brookshire Golf Club PO#/Dept. INVOICE NO. ACCT#/TITLE AMOUNT Board Members 1207 I 286735 I 43-500.00 I $66.87 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, October 22, 2012 Director, Brookshire �lf Club Title Cost distribution ledger classification if claim paid motor vehicle highway fund