218426 03/25/2013 CITY OF CARMEL, INDIANA VENDOR: 367023 Page 1 of 1
ONE CIVIC SQUARE CROCS INC
CARMEL, INDIANA 46032 PO BOX 644601 CHECK AMOUNT: $680.98
PITTSBURGH PA 15264-4601
o„�o CHECK NUMBER: 218426
CHECK DATE: 3/25/2013
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
1207 4356006 2000321 RI 680 . 98 GOLF SOFTGOODS
INVOICE
cross" Date Invoice#
Please remit payment to: 03/13/13 2000321 RI
Crocs Inc Customer# 40019275
P.O. Box 644601
Pittsburgh, PA 15264-4601
855-547-6316
Bill To Ship To
Brookshire Golf Club Brookshire Golf Club
12120 Brookshire Pkwy 12120 Brookshire Pkwy
Carmel IN 46033 Carmel IN 46033
United States United States
Terms Due Date PO# Sales Rep Ship Via
Net 30 Days 04/12/13 101512 UGG FedEx Ground Ground Service
Tracking Numbers
897950079231998,897950079232186,
Freight Collect# Order Store# Ship Date External Sales Rep
7695414 SO 03/13/13
Note:
Item Quantity Description Unit Price Amount
1 Presto BIk/SbI M10 55,0000 55,
1 Preston BIk/SbI M1 1 550000 5500
18976-065-720 1 Preston BI 11
1 Preston BIk/SbI M13 55.0000 55)00
1 Bradvn Wh'/Blk M9 55,0000 55.00
18977-103-680 1 Bradyn Whi/Blk M10 55,0000 55.00
1 Bradyn Whi/Blk M 11 55, 000 5500
1
18977-134-680 1 B I M 10 -55.0000 55.00
1
1
18977-134-740 1 Bradyn Whi/SbI M 13 55,0000 55.00
FREIGHT 1 FREIGHT 20,9800 20.98
Total Quantity 13
L0O(0
If product has been shipped in error, Crocs, Inc. will approve the return of goods on the following
basis: Crocs is notified within seven (7).days of receipt of shipment. An RMA has been issued by
the corporate office. Goods are returned in sellable condition. Any product authorized to be Total $680.98
returned outside of the above circumstances may be subject to a 20% restocking fee.
Thank you for your business! Page 1 of 1
TERMS AND CONDITIONS OF SALE
1. OFFER, GOVERNING PROVISIONS AND CANCELLATIONS: This writing labor difficulties, war, riot, act of terrorism, delay in transportation, defaults of
constitutes an offer or counter-offer by Crocs, Inc. or any of its subsidiaries or common carriers, inability to obtain necessary labor, materials or manufacturing
affiliates ("Seller") to sell various products as agreed by Seller ("Products") to the facilities or,without limiting the foregoing,any other delays beyond Seller's control.
buyer named on the reverse side or in other applicable documentation or electronic Buyer's sole and exclusive remedy for other delays or for Seller's inability to deliver
transmission ("Buyer") (collectively, the "Parties") in accordance with these terms for any other reason,including Seller's inability to produce Products,is to cancel the
and conditions. This writing is not an acceptance of any offer made by Buyer. This order pursuant to Seller's Order Policies and Guidelines available upon request.
offer or counter-offer is expressly conditioned upon Buyer's assent to these terms and
conditions and no others. Buyer is deemed to have assented to these terms and 6.WARRANTY;DISCLAIMER:As of the date risk of loss transfers to Buyer in accordance
conditions when the first of the following occurs: with Section 5B, Seller's Products will be free of defects related to the material
A. Buyer signs and delivers to Seller an acknowledgement copy of any of Seller's and/or workmanship of the Products. Buyer's sole and exclusive remedy for a
purchase order,quotation,order acknowledgement or invoice forms; breach of the foregoing warranty is to return the Product within forty-five (45)
B. Buyer gives to Seller(orally or in writing)specifications of quantity and/or calendar days from the date of invoice. EXCEPT ASSET FORTH HEREIN,ALL PRODUCTS
type,assortments thereof,delivery dates,shipping instructions,instructions to bill,or ARE PROVIDED "AS IS". SELLER MAKES NO REPRESENTATION OR WARRANTY (AND
the like as to all or any part of the Products; HEREBY DISCLAIMS ALL WARRANTIES) OF ANY KIND WHATSOEVER,WHETHER EXPRESS,
C. Buyer receives delivery of any of the Products;or IMPLIED OR STATUTORY,INCLUDING,WITHOUT LIMITATION,ANY IMPLIED WARRANTIES OF
D. Buyer has otherwise assented to the terms and conditions hereof. MERCHANTABILITY,NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. UNLESS
OTHERWISE EXPRESSLY AGREED IN WRITING BY SELLER, NO PERSON (INCLUDING ANY
Seller hereby rejects any additional or different terms or provisions contained in AGENT, DEALER OR REPRESENTATIVE OF SELLER) IS AUTHORIZED TO MAKE ANY
any purchase order, acknowledgment or other communication heretofore or REPRESENTATION OR WARRANTY CONCERNING PRODUCTS EXCEPT TO REFER BUYER TO
hereafter received from Buyer,except to the extent specifically agreed to in writing by THIS AGREEMENT. BUYER WARRANTS THAT BUYER HAS NOT RELIED ON ANY OTHER
an officer of Seller.No other representative of Seller has any authority to waive,alter, WARRANTIES OR REPRESENTATIONS CONCERNING THE PRODUCTS ORTHIS AGREEMENT.
vary,amend,or add to the terms hereof. Seller's delivery of Products or performance 7 LIMITATION OF LIABILITY: SELLER WILL NOT BE LIABLE FOR ANY LOSS OF
of any services does not constitute an assent to any terms proposed by Buyer. THESE PROFIT, INTERRUPTION OF BUSINESS OR ANY OTHER SPECIAL,
TERMS AND CONDITIONS OF SALE CONSTITUTE THE ENTIRE AGREEMENT CONSEQUENTIAL OR INCIDENTAL DAMAGES SUFFERED OR SUSTAINED BY
("AGREEMENT") BETWEEN SELLER AND BUYER WITH RESPECT TO THE BUYER FOR ANY REASON. EXCEPT FOR CLAIMS OF DEATH OR PERSONAL INJURY,IN
MATTERS ADDRESSED HEREIN, AND ARE GOVERNED BY THE LAWS OF THE NO EVENT WILL SELLER'S AGGREGATE LIABILITY TO BUYER ARISING UNDER OR IN ANY
STATE OF COLORADO, WITHOUT REGARD TO ITS CONFLICT OF LAWS WAY RELATED TO THIS AGREEMENT FOR ANY REASON(INCLUDING,BUT NOT LIMITED
PRINCIPLES. THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER TO,LIABILITY ARISING FROM NEGLIGENCE OR ON THE BASIS OF STRICT LIABILITY,OR
CONTRACTS FOR THE INTERNATIONAL SALE OF G OODS.
ARE NOT GOVERNED THE PROVISIONS THE U.N. CONVENTION ON OTHERWISE)EXCEED THE TOTAL AMOUNT PAID BY BUYER TO SELLER HEREUNDER.
GOODS.
Buyer will not cancel or amend any purchase order submitted to Seller,except B• RETURNS: Subject to Sections SO and 6, Buyer will only return Products in the
upon terms and conditions acceptable to Seller as evidenced by Seller's advanced event of a non-conforming shipment,and then only if Buyer first:(a)provides notice
written consent, provided in any case that Buyer reimburses Seller for any losses to Seller as required in Section SC,(b)obtains prior authorization from Seller,and(c)
Seller is unable to mitigate using commercially reasonable efforts. all Products or containers for which return is properly authorized have been marked
with a return authorization number supplied by Seller. Buyer will make all returns
2.PRICES:The prices for the Products are based on the terms and conditions herein, via a traceable form such as Federal Express, UPS or insured mail and in resalable
including the limitations of liability and warranties,and all such terms and conditions condition. Buyer will pay all return shipping charges and any other charges
are material to the sale of the Products. In the event Seller fails to provide a price associated therewith. In addition, a fifteen percent (15%) restocking fee shall be
quote and/or terms(orally or in writing)prior to the acceptance of the order,Buyer applied to all cancellations made within forty-five(45)days of ship date.
will pay Seller's then-current list price for such Products.
9.SECURITY INTEREST: Title to the products sold hereunder,and all additions or
3.TERMS OF PAYMENT: Buyer will pay all sums in United States Dollars. Payment accessions to and substitutions for such products remain in Seller as a security
is due net thirty(30)calendar days after date of invoice. Past due amounts will bear interest. Buyer hereby grants to Seller a security interest in the products sold
interest at 1.5%per month or,if less,the highest rate permitted under applicable law. hereunder,until Buyer has completed payment of the purchase price,plus accrued
Seller may alter or impose different payment terms as business circumstances may interest,and fully performed all of the other terms and conditions hereof,at which
require. In addition,Seller reserves the right to establish, revoke or modify credit time Seller's security interest is deemed satisfied and released.
terms for Buyer at any time. No discounts are allowed.Buyer will pay any collection
fees, legal fees, or court costs incurred by Seller to collect past due amounts. No 10.SALES CHANNELS: Buyer will not,unless otherwise expressly agreed in writing
offsets or setoffs of payments due to Seller hereunder are allowed with respect to any loci Seller: (a)sell Products other than purchasers physically present at the store
other agreement between the Parties. location(s)specified in Buyer's Account Application or other agreements with Seller;
(b) sell or otherwise transfer or transship Products to another retailer, e-tailor,
4.TAXES AND OTHER CHARGES: In addition to the prices quoted or invoiced,Buyer distributor or broker; (c) purchase Products from any source other than Seller; (d)
will pay any manufacturer's tax,occupation tax,use tax,sales tax,excise tax,value directly or indirectly sell or offer to sell Products on behalf of,or for the account of,
added or consumption tax, customs duty, fee or charge of any nature whatsoever any other party, or (e) solicit or take orders, or otherwise sell or offer to sell,
imposed by any governmental authority,on or measured by the transaction between Products:(1)through the mail,(11)by catalog,(111)by telephone,or(Ib�by or through
Seller and Buyer. In the event Seller is required to pay any such tax,fee or charge, any electronic means,including without limitation the World Wide Web,e-mail or any
Buyer will reimburse Seller therefore; or provide Seller, at the time the order is Internet channels.Buyer is permitted to advertise Products through electronic media
submitted,an exemption certificate or other document acceptable to the authority in order to create or enhance consumer awareness of product performance features
imposing the same. Pursuant to Seller's company policy,Seller does not accept and and/or indicate the availability of Products in Buyer's authorized, physical store
will not pay any fines,penalties or chargebacks from Buyer for any reason. location(s),provided Buyer complies with Seller's policies and procedures regarding
the use of Seller's logos,trademarks,copyrights,and intellectual property rights.
5. DELIVERY, RISK OF LOSS, CLAIMS AND FORCE MAJEURE: 11. MISCELLANEOUS, ARBITRATION: In the event of a dispute regarding the
A. All prices quoted for products are Ex-Works (Incoterms 2000) loaded at performance,interpretation,application or breach of these Terms and Conditions of
Seller's shipping facility,cross-dock or warehouse,as appropriate("Seller's Shipping
Facility"). All invoices will include shipping and loading charges payable b Buyer. Sale (a"Dispute"),and if discussions between the Parties have failed to resolve the
ty)' pp g g g p y y y Dispute within thirty (30) calendar days following receipt of a written Notice of
The method and route of shipment are at the discretion of Seller. All delivery dates
are approximate. Default From a Party, then the Dispute shall be resolved,as the sole and exclusive
B. Risk of loss or damage, and beneficial ownership, of the Products are remedy,by ad hoc arbitration to be conducted in English using the then-current rules
transferred to Buyer when the shipment is loaded at Seller's Shipping Facility onto a A the International Centre for Dispute Resolution, a division to the American
common carrier or onto Buyer's designated shipper or transportation service, Arbitration Association (the "Rules"), applying the laws i the State of Colorado,
whichever isa applicable. without regard to its conflict of laws principles. The arbitrator shall be a single,
C. Buis applic make written claims to Seller for damages, shortages or other neutral, independent and impartial arbitrator appointed by the then-20'x' judicial
delivery errors within seven(7)calendar days after receipt of shipment.All Products Circuit Chief Judge in Boulder, Colorado. The arbitrator's award will be final and
received by Buyer, or Buyer's clients, customers, or agents, that are not rejected binding,and will reasoned award in writing. Each Party will bear its own costs of
within such time will be deemed accepted. Failure to provide such written notice the arbitration,provided,however,that the Parties will equally share the costs of the
constitutes a waiver of all such claims regarding such shipment by Buyer. Buyer will arbitrator. The arbitration will occur in Boulder,Colorado,or such other place in the
not revoke acceptance. United States that the Parties agree. It is expressly agreed that either Party may seek
D. Seller not liable for any damage as a result of any delay or failure to deliver appropriate injunctive or other equitable relief,at any time,in a court of competent
due to any act of God,act of Buyer,embargo or other governmental act,regulation or jur sdiction to enforce its rights under this Agreement.
request,fire,accident,power outage,strike,civil unrest,weather,slowdown or other
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))
03/13/13 2000321 RI Softgoods $680.98
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
Crocs Inc.
IN SUM OF $
P.O. Box 644601
Pittsburgh, PA 15264-4601
$680.98
ON ACCOUNT OF APPROPRIATION FOR
Brookshire Golf Club
PO#/Dept. INVOICE NO. ACCT#/TITLE AMOUNT Board Members
1207 I 2000321 RI I 43-560.06 I $680.98 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, March 18, 2013
Director, Broo re Golf Club
Title
Cost distribution ledger classification if
claim paid motor vehicle highway fund