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226011 11/05/2013 CITY OF CARMEL, INDIANA VENDOR: 359355 Page 1 of 1 ONE CIVIC SQUARE WITTEK CARMEL, INDIANA 46032 3865 COMMERCIAL AVE CHECK AMOUNT: $112.50 NORTHBROOK IL 60062 CHECK NUMBER: 226011 CHECK DATE: 11/5/2013 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1207 4238900 305537 61 . 25 OTHER MAINT SUPPLIES 1207 4238900 305574 51 . 25 OTHER MAINT SUPPLIES INVOICE NUMBER 305574 x ' DATE 10-24-13 wl 3 Committed To Serving The Game. PAGE NO 1 3865 COMMERCIAL AVENUE•NORTHBROOK,IL 60062 PHONE:847-943-2399.1-800-869-1800 SO NBR. R8 0 9 4 3 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. �'�SALESMAR ;P `OFFICE°CODE ," DATE SHIPPED ; ' "VIA'"': `PCS. - TERMS CHRIS TONY CLAY i01-8IP 10-24-13 UPS 1-NET 30 �CITY.ORDERED OTY.'SHIPPED ,.•,B/O PRODUCT NOi DESCRIPTIONS - PRICE AMOUNT E, 1 EA 1 74315 KEYPORT W/ DOUBLE ROW 40.000 40.00 CONNECTOR "NEEDS ONE THAT HAS 2 ROWS OF 5 ** ******** THANK YOU ******** *WE APPRECIATE YOUR BUSINESS* ow, R t 8 o"" fa ew"%U starts of Ma i I N TOTAL, s PAYME� T' EC Dk. M�JAX OUNT§UBTOTAL, U = SH , IPPING° 40.00 % 0.00 0.0% 0.00 11 .25 51 .25 51 .25 A SERVICE CHARGE OF 1.5%PER MONTH(ANNUAL RATE SEE TERMS&CONDITIONS 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. f j` GENERAL TERMS AND CONDITIONS OF SALE 1. PRICE. :tit The prices'are those lh effect bn the date of shipment. Stenographic and clerical errors are subject to correction. 2. PAYMENT. ('` 'Good's{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 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 state tax audits require 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 plbssMiiyliriterest amount;(l; ; I !i_;;; i f� ;_.;P1 r y;.,.! -1(.) Y t i 4. SHIPMENT�f Buyer is responsible fo(all freight lcharges;unloss otherovige'jpecifled;Seller reserves the right to designate the routing on all,shipmehts. Sellk will attehir(Gao,ho{of Hut 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 16 any,,manner inconsistent with Seller's oral or written idshuctions. Buyer assumesdiabiljty for patent gdlcgFgyrigflt infringement when gppds ale madeao Buyer's specifications. This warranty y{F 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 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 g000ds, C tt f�l l Y"' JJ 1 r t -"1 I -ilft f •i \'W •7 4!t Y-; l',T.d, 7. EXCLUSI�E REMEDY FOR BREACH OF WARRANTY. SELLER'S ENTIRE OBLIGATION UNDER THIS WARRANTYQQSSHALL BE LIMITED(AT-$HLLERLS Qf TiIPN),yT.q REPAIR OR REPLACEMENT OF ANY GOODS WHICH PROVE TO BE DNTITLEID TO A REMEDY HEREUNDER OfdODi OR,AT SELLER' NOTE ES SELER IN WRIT NG OF'iHE LREGE�OBREACH OF WARRANTY BEFORETIHE EXPIRATION OF THE WARRANTY AND W THW TEN DAYS AFTER THE EARLIER OF THE DATE OF DISCOVERY SHOULD HAVE BEEN MADE IN THE EXERCISE.OF.REASONABLE DILIGENCE. 8. DISCLAIMER:LIMITATION OF REMEDY. EXCEPT AS EXPRESSLY PROVIDED kREIN,SELCER MAKE§NO RERRESENTATioN OR'13VA'RRANTY,EXPRESS OR IMPLIED,WITH RESPECT TO THE GOODS SOLD HEREUNDER,WHETHER AS TO MERCHANTAPIILITY,.FITNf S FOR A fARTIGX0R PURPQ Q ANY OTV� R MATTER. SELLER SHALL HAVE NO LIABILITY TO ANY PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY DE'S RIPTION,VVHET'ER WSING b T FWARRANTY 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 energyat 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 oflts 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 untilpaid 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 f le 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 Buyers 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. EQUAL EMPLOYMENT OPPORTUNITY POLICY. - The Seller affirms its policy of providing Egaal:Opportunity to all employees andapplicants for emplooyment Oaccordance Wth 4lllappRable Equal Employment Opportunity/AffiGaitive aen Laws,directives and regulations of Federal,State and Local governing bodies or agencies thereof. INVOICE NUMBER 305537 ITE F7-7 WE g DATE 10-23-13 Committed To Serving The Game. PAGE NO 1 3865 COMMERCIAL AVENUE•NORTHBROOK, IL 60062 PHONE:847-943-2399.1-800-869-1800 SO NBR. R80320 FAX:847-412-9591•WEBSITE:wittekgolf.com CUSTOMER NO: 527728 SOLD CITY OF CARMEL SHIP CITY OF CARMEL TO DBA BROOKSHIRE GOLF COURSE TO DBA BROOKSHIRE GOLF COURSE 12120 BROOKSHIRE PKWY 12120 BROOKSHIRE PKWY CARMEL, IN 46033 CARMEL, IN 46033 CUSTOMER ORDER NO.•,`'�' r�SALESMAN� OFFICE CODE DATE SHIPB�ED. VIA ,,` ;=.'PCs.TERMS :� BOB TONY CLAY 01=81P 10-21-13 UPS NET 30 {OTY.ORDERED OTY'SHIPPED�'..` B/O , PRODUCT NO°-;�" "� �.,. DESCRIPTION° PRICE AMOUNT ;' 1 EA 1 74315 KEYPORT W/ DOUBLE ROW 50.000 50.00 CONNECTOR 2 ROWS OF 4 THANK YOU ******** *WE APPRECIATE YOUR BUSINES * 57313 c"u", list Of i eref-S;";is star's .<pa8! U is 4 .SUBTOTAL - ?DISCOUNT' :_ s-:`TAXI SHIPPING ' . TOTAL' S 'PAYMENT REC'D.', ,,dMOUNT ' 50.00 % 0.00 0.0% 0.00 11 .25 61 .25 61 .25 A SERVICE CHARGE OF 1.5%PER MONTH(ANNUAL RATE SEE TERMS&CONDITIONS 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 ATANY TIME. GENERAL TERMS AND CONDITIONS OF SALE 1. PRICE. The prices`are'those in effect'on the date of shipment. Stenographic and clerical errors are subject to correction. z P,jYMENT. Goods are s o. an et isasts. 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 whatsoeve'r it'maybe charged to the Buyer's- account. The status of all Sellers 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 state tax audits require 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 plus any interest amount:-t";I it.J .i+., Y ( I. t'r'f A A t.-) 'f 1 i t 4. 1' HIPMENT.r jr ti + A',! ! )"'ft:.,l�- 7'r18 J�H U Buyer is responpfble.f�or all freighfchargesfunles s.totherwise.specifed. Seller reserves the right to designate the routing on alIApT?n1p. SJlgwilb.attempt,,9�95grbut wil not guarantee requested shipping or delivery dates:All&� ments jwll lie F.O.B.§141*14GGPOINT unless otherwise designated. t. . 0 i . _!Atvl'-AA. fA~; 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. uyer assumes liability for patent•endtcopyright fringement whe gppds are made Bu er's specifications. This warranty r �: rY4. y fit_;; doe`s not cover any components of the goods not manufactured by Seller, ut Selle'r 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,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. EXCLUSIVE REMEDYOR BREACH OF WARRANTYt-i•'` t .j f f t!(7(i '•.Zrt f (t`�'1` I s L.' [ t. +_ ; SELLER'S ENTIRE OBLIGATION UNDER THIS WARRANTY SHALL BE LIMITED(AT,$,E+L'LgR'S aT19N)Tg REPAIR OR REPLACEMENT OF ANY GOODS WHICH PROVE TO BE DEFECTIVE WITHIN THE WARRANTY PERIOD,OR,AT SELLER'S OPTION,ISSUANCE OF A CREDIT O REFUND OF THE PURCHASE PRICE WITH RESPECT THERETO. BUYER SHALL BE ENTITLED TO A REMEDY HEREUNDER ONLY IF IT NOTIFIES SELLER IN WRITING OP7HE_AQEGED''BI49A�H 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 OF REMEDY EXCEPT AS EXPRESSLY PROVIDtD k WIIN-�E)iFR tykKESfNO RETRESENTFyTION OR WARRANT ,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 wilf 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 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 retumed 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. EQUAL EMPLOYMENT OPPORTUNITY POLICY. .4 0 The Seller affirms its policy of providing Equal Opportu6ity,to all employees`and applicants for empl'o`yment blaccordance With alllappli 4b e,Equal Employment Opportunity/AffirmAtive Aetion Laws,directives and regulations of Federal,State and Local governing bodies or agencies thereof. VOUCHER NO. WARRANT NO. ALLOWED 20 Wittek IN SUM OF $ 3865 Commercial Avenue Northbrook, IL 60062 $112.50 ON ACCOUNT OF APPROPRIATION FOR Brookshire Golf Club PO#/Dept. INVOICE NO. ACCT#/TITLE AMOUNT Board Members 1207 j 305537 42-389.00 j $61.25 1 hereby certify that the attached invoice(s), or 1207 305574 42-389.00 $51.25 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 Wednesday, October 30, 2013 Director, Br shire Golf Club Title Cost distribution ledger classification if claim paid motor vehicle highway fund 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)) 10/23/13 305537 Repair Parts for Ball Machine $61.25 10/24/13 305574 Repair Parts for Ball Machine $51.25 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