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188213 08/03/2010 CITY OF CARMEL, INDIANA VENDOR: 360202 Page 1 of 1 ONE CIVIC SQUARE 982 PRAXAIR DISTRIBUTION INC g CHECK AMOUNT: $26.67 CARMEL, INDIANA 46032 DEPT CH 10660 PALATINE IL 60055 -0660 CHECK NUMBER: 188213 CHECK DATE: 8/3/2010 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1120 4231100 37125243 8.82 BOTTLED GAS 1120 4231100 37125244 17.85 BOTTLED GAS CYLINDER DEMURRAGE RENTAL INVOICE 37125243 To Place Orders call Sales 982-PRAXAIR DISTRIBUTION INC 1 Dept. at: (317) 481-4550 DEPT CH 10660 PALATINE IL 60055-0660 800-266-4369 07/20/10 49242— 1/2i56729 BRN: 982 CITY OF CARMEL FIRE D*MS* LM593 AP 2 CIVIC SQUARE CITY OF CARMEL FIRE D*MS* CARMEL IN 46032-7543 STATION 45 1 P 10701 N COLLEGE AVENUE T T INDIANAPOLIS IN 46032 o COMMENTS' TERR PAYMENT DUE BY: 08/19/10 9 62 WT 0 'U :�mfmkm OAI��kk :�:hYptok1g., j 4 M_0 r E:f-::1EASE13!: -TYPE X­ N X aX..X�: �BA Customer Owned Leases 15 R 410 Med high pres 50cf 14 0 0 14 15 DAY 0 .135 .00 R 430 Med high pres 50cf 1 0 0 1 0 DAY 30 .129 3.87 R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 4.95 4. 95 TAX: .00 8.82 T. 00 BALANCE OF OUR CYLINDERS IN YOUR HANDS IS CORRECT AT THE CL TOTAL VALUE 0 cvLINDERs P NOTE: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE ABOVE LEASE 1 21 0. 00 0. TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES- DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents, and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and.'or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment. Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law, Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence. warranty. strict liability or otherwise USE RESTRICTIONS: None of the above cylinders ano�or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller If the law requires the user to be licensed. Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders aridlor equipment for any cause. Customer, at its own expense. shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized. without prior written consent of Seller, to expend any money or ncur any expense for Sel ler's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and/or equipment to the Seller at such place. within the county, as the Suter shall de&gnafe. Customer shall. at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at Nie time of such learn❑ In the event of the insolvency or bankruptcy of the Customer, or in the event the Customer violates any of the terms hereof, or fails to reLirn tnr- c,t ­w ayr r,• q.::rric I the event v e r.yl -rders and/or equipment are levied upon by any legal process. such lease shall, without notice, immediatey IerminatE. and all rights ut the Cuslomer to possession of the cylinders and/or equipment shall immediately terminate, Seller may repossess the same er any part thereof w,th or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary. caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and/or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise. product and damages due hereunder, and for reasonable attorney's fees and court cysts. NOTICE OF NON WAIVER: The failure by the SeNei, at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise. product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to return rented cylinders to Seller on demand, be responsible for any loss of, or damage to rented cylinders or equ pment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to nroperfy connected with the us of the rented cylinders or equipment and /or the contents of the cylinders: reimburse Seller for any reasonable cost and /or 0 o rr. rimes Aectw due or enforc;nq th? terns of these condilions and be esponsible for cylinders or equipment as b proper care, ors f l .e1 r"c, 1� 11)" t,.,, exp Linn! trey am returned to Seder PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUP ACKNOWLFD(,VFf T I jA 1 TI',. CYLINf) H RFN I A! BALANCE OF OUR CYL INJEHS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS CN THE DATE SHOWN ON THIS INVOICE CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation. the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: All claims to oefec'ive rnatenal shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including. charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials: charges for handling, delivery and shipping, and/or charges for energy or fuel None of the charges represent a tax o fee paid to or iinposac by any governmental authority, and all of tl e charges are retained by Seller. DISCLOSURE STATEMENT In compliance with the Federaf Trull Lending Act, if applicable, Buyer may be charged any amount approved by Seller's credit department, subject to the following conditions NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1,5 PER MONTH (ANNUAL PERCENTAGE RATE OF 18 09 A MINIMUM OF 51.00 ON THE BALANCE DUE. CYLINDER DEMURRAGE RENTAL INVOICE 37125244 To Place Orders call Sales 982-PRAXAIR DISTRIBUTION INC 1 Dept. at: (317) 481-4550 DEPT CH 10660 PALATINE IL 60055-0660 800-266-4369 07/20/10 49242 2!2:56730 BRN: 982 LM595 CITY OF CARMEL FIRE D*MS* CITY OF CARMEL FIRE D*MS* AP STATION 44 2 CIVIC SQUARE P 5032 E MAIN STREET T CARMEL IN 46032 T CARMEL IN 46032 a 0 COMM ENTS: PAYMENT DUE BY: 08/19/10 PO 962 CY.LiNt Rlm:::: :R M.-.- 1� T� "ITRM MRO AM0 LINT., A, !:BALANCE SHIPP �Z' BALANCE� :.;E:V;AS Y, Customer Owned Leases 15 R 410 Ned high pres 50cf 14 0 0 14 15 JAY 0 .135 .00 R 411 Ned HiPr <50CF W/XRS 1 0 0 1 0 JAY 30 .430 12.90 R-MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 4.95 4.95_ TAX: .00 TOTAL PL VALUE OF CYLINDERS 17.85 1 EASE NOTE: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE ABOVE 130.00 BALANCE OF OUR CYLINDERS IN YOUR HANDS IS CORRECT AT THE CLOSE OF ml- "1 ^11 11111-ff I for TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WAR RA NTI ES-DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment.. product or merchandise delivered, whether based on contract, negligence. warranty strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that litle to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents, and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage. or transportation of said cylinders. and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and/or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and/or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence.. warranty, strict o, otherwise. USE RESTRICTIONS: None of the above cylinders andror equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth. nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires the user to be licensed. Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or equipment for any cause. Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written consent of Seller, to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any lease at any time by fender to Customer of unused rent in which event Customer shall forthwith return cylinders and/or equipment to the Seller at such place, within the county, as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time el such Ipas nn to thn event of the insolvency or bankmotcy of the Customer or in the event the Customer violates any of the terms hereof or fails to return tr.,r cyf uw ;,r a event t'ie cybn our 'v equipment are levied upon by any legal process, such lease shall, without notice, immediately tenninate and all rights of the Customer to possession of the cylinders and /or equipment shall immediately terminate. Seller may repossess the same or any part thereof with or without notice and with or without legal process, and SEller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's fees and court costs. NOTICE OF NON WAIVER: The failure by the Seller, at any one or more !erne to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and/or terms hereof. Notice of demand for strict compliances hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made an regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to eturn for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand, be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage, indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or attorney's fen nr, irrnd by Selle in callectmy payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care. .aair ayf- t w a %.oa a ^d tear _xpectud) -if 11 they are returned to Seller. PLEASE NOTE. YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMi=NT THA' fHE CYLINDFH RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT HIF CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE. CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: Ali claims 'or dclective material. sncrtages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including. charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials, charges for handling, delivery and shipping; and /or charges for energy or fuel None of the charges represent a tax or fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller DISCLOSURE STATEMENT In compliance with the Federal Truth -In Lending Act, if applicable, Buyer may be charged any amount approved by Seller's credit department, subject to the following conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5 PER MONTH (ANNUAL PERCENTAGE RATE OF 18 90) OR A MINIMUM OF 51.00 ON THE BALANCE DUE. VOUCHE NO. WARRANT NO. ALLOWED 20 982- Praxair Distribution, Inc. IN SUM OF Dept Ch 10660 Palatine, IL 60055 -0660 $26.67 ON ACCOUNT OF APPROPRIATION FOR Carmel Fire Department PO# Dept. INVOICE NO. ACCT# /TITLE AMOUNT Board Members 1120 37125244 42-311.00 $17.85 1 hereby certify that the attached invoice(s), or 1120 37125243 42- 311.00 $8.82 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 AUG 2 Mtn Fire Chief 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)) 37125244 $17.85 37125243 $8.82 I 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