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186778 06/23/2010 CITY OF CARMEL, INDIANA VENDOR: 362937 Page 1 of 1 ONE CIVIC SQUARE COUSINS TENTS AND MORE LLC CARMEL, INDIANA 46032 5249 NORTH BRANDYNE ROAD CHECK AMOUNT: $1,520.00 WI SHELBYVILLE IN 46176 CHECK NUMBER: 186778 CHECK DATE: 6/23/2010 DEPARTMENT ACCO PO NUM BER IN VOIC E NUMBER AMOUNT DESCRIPTION 1081 4340800 052710 1,520.00 ADULT CONTRACTORS Ir w w -tom t 2351 Co us i ns Tents M o LLC 0 rfe1 317- 604 -0665 Y Daryl Pyle 317- 797 -5456 e�b���1 e, Y dean216@Yahoo.com Purchase Description U Budget Line /Dead Pu�rrh, asst A� 1v� tlate BILL TO: 'J?� i6 SHIP TO: ;7 j •j y Q1Y. Description Time Rented Price Discount Total L� Y_. %.,,5`�_ J 1. JUN 0 4 2010: Lj Delivery Charge: Subtotal: Tax: Tax Exempt:. Total: We charge charge for time out, not time used t THIS IS A RENTAL CONTRACT. You should familiarize yourself with its unusual features so that no misunderstanding of your obligations occurs. The word "Customer," "You" and "Your" mean the person who signs the rental contract (or is obligated under its terms.) "Rental Center," We Our and "Us" refer to Cousins Tents and More, LLC. The Rental Contract contains imponant Terns and Conditions including Your obligations for rental and other charges and responsibilities to care for the equipment. They are pan of this Rental Contract, please read. TERMS AND CONDITIONS 1. TITLE. Tine rented property shall at all times be and remain the sole and exclusive property of Cousins Tents More, LLC. You shall only have the rights to use the equipment in accordance with the terms of this agreement. We shall have the right to display notice of Our ownership of the rented property by display of an identifying stencil, plate or other marking and You agree not to remove or cover such markings without Our permission. 2. INSPECTION. You acknowledge that You have examined the rented property prior to taking possession mid that they are in good working condition, except for any defect specifically noted on this Rental Contract, and determined that it is suitable for Your needs. 3. DISCLAIMER OF WARRANTIES. We are not the manufacturer of the rented property nor are We the agent of the manufacturer and We make no warranty against interference, merchantability or fitness for any particular purpose. There is no warranty or representation that the rented propurly..is'fit your particular use, or that it is free from latent defects. There are no warremics which extend beyond the face of this •n =Yagreemers4-- We.will, not be responsible to You or to any third perry for any loss, damage, or injury resulting from use of or any failure of, the rented item. We will not be responsible for any defect or failure of the rented property unknown to us. Your sole remedy for any failure of or y the-rentedeproperty is termination of the rental charges at the time of failure, provided drat you notify us immediately of such failure. 4. HOLD HARMLESS AND INDEMNITY. You assume all risks inherent in the operation: and use of the rented property by You and anyone else °You agree to assume the entire responsibility for defense of, and to pay, indemnify, and hold Us harmless from, and release Us from, and release Us from, any, and all claims for damage to property or bodily injury (including death), or for loss of time or inconvenience resulting y 'fromthe`uie, "irperaiion or Your possession of the rented property, inesspective of any cause claimed or found other than Our gross negligence. 5,ASSUMPTION.OF RISK ?RELEASE OF LIABILITY, You are fully aware and acknowledge Shad there is a risk of injury or damage arising out of the use or operation of the rented propierty, and voluntarily elect to enter into this Rental Contract and assume all of the risks of injury or damage. You ague to role we and discharge us from any and all rtzsp onsibility or liability from such injury or pioj y damage arising out of the use or operation of the rental property dining the rental period. You further agree to waive, release and discharge any and all claims for injury or damage against Us which you may be otherwise entitled to assert 6. CARE OF EQUIPMENT. You arc the insurer of the rented property. and assume the entire risk of all loss tad damage, regardless of cause, with respect to the rented property, reasonable wear and tear excepted. Accrued rental charges may not be applied against the purchase or replacement of damaged, lost or stolen rental property. Rental property, unreturned when date or damaged beyond repair, must be paid for by You at its full current replacements cost, including all shipping and handling charges The cost of repairs will be borne by You whether performed by Us or, at Our option, by another. You also agree to pay a reasonable cleaning charge for rented property if it is excessively dirty. You agree to pays for the above stated losses, charges and costs immediately upon receipt of invoice. 7. EQUIPMENT FAILURE. If at any time the rented property malfunctions or becomes unsafe or in a state of disrepair, yap agree to immediately discontinue the use of such rented property and no ify Us (within I hour or less). Failure to notify Us in a timely manner will result in Your being charged for all time out. We agree, in Our discretion, to: 1) repair the rented property within a reasonable time 2) provide You with like rental property, if avalable 3) make like rental property available to You at another time (if acceptable to You) or 4) adjust the rental charge. This provision does 1161 C t ;-V roe, Vora other obligrtiaas under this Rental Contract. RETURN OF RENTED PROPERTY. You agree to have the reri-led property avatibuic an pick ::p y-'±ce- ^eel ret-yrn date in the same condition as when the rented property was received, ordinary wear and tear excepted. You shall be liable for all damaged to or loss of the renter property and liability incurred prior to return You shall also be t :sponsible for all costs incurred by Us in recovering and returning damaged rental property to Our premises. 9. INSTRUCTION. You acknowledge receipt of (i) the rental property listed in this agreement in good working order and repair, and (ii) instructions on their safe use and proper operation. 10. COLLECTION COSTS. You agree to pay all reasonable costs of collect ion, including court costs, attorneys' fees and other actual expenses incurred by the Us in the collection of the charges due under this Rental Contract, or in the retaking of the rented property or in other enforcement of the terms of this Rental Contract 11. DELIVERY AND PICKUP. Delivery and pickup shall be at Our convenience. We agree to have rented property set up and/or delivered by agreed date. You grant Us (our agents and employees) the right to enter Your premises for the sole purpose of delivery, installation and pickup of Our rented property. You agree to pay a service charge of $50.00 for each extra delivery or pickup call occasioned by You and required of Us. Chairs and tables will be delivered stacked and/or bagged. '1 hey must be stacked and/or bagged by You for Our pickup unless odteswise noted. 12. ADDITIONAL CHARGES. Thera is an additional charge for delivery or pickup from any location other than ground level (upstairs or downstairs); set -up of chairs and/or tables; folding, stacking and bagging of chairs and tables in preparation for pickup; 11 CANCELLATIONS. You must cancel Your rental four weeks prior of the delivery date to avoid a canncellation charge. If you cancel within four weeks of the delivery date, You agree to pay a cancellation fee equal to 25 of the total rental charges. If You cancel less than seven days prior to the delivery date, You agree to pay 100% of the total Rental Charges. 14. PAYMENT. You shall provide Us with a final count of the rental property You will require at time of reservation. We require 50% of total invoice as a down payment at time of nservalico- The remaining amount of invoice will be dire at time of delivery and at that time we will present you with an invoice unless otherwise noted. If we do not receive the 50 down payment Your reservation will not be held. I have read and agree to all the Terns and Conditions of this Rental ContntcL I acknowledge receipt of the rented property and a copy of this Rental Conuaci. If other than Customer, the signer represents that he/she is an agent of and authorized to sign for Customer. Customer: By: Cousins Tents and MG ,LLC f ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice of 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. i Payee Purchase Order No. 362937 Cousins Tents and More LLC Terms 5249 North Brandywine Road Shelbyville, IN 46176 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) PO Amount 5127/10 5127/10 Rentals WC 5127110 23515 1,520.00 Total 1,520.00 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. 362937 Cousins Tents and More LLC Allowed 20 5249 North Brandywine Road Shelbyville, IN 46176 In Sum of 1,520.00 ON ACCOUNT OF APPROPRIATION FOR 108 ESE PO# or INVOICE NO. ACCT #/TITLE AMOUNT Board Members Dept 1081 -10.. 5/27/10 4340800 1,520.00 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 17 -Jun 2010 Signature 1,520.00 Accounts Payable Coordinator Cost distribution ledger classification if Title claim paid motor vehicle highway fund