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HomeMy WebLinkAbout155171 01/10/2008 CITY OF CARMEL, INDIANA VENDOR: 360202 Page 1 of 1 ?i ONE CIVIC SQUARE 982 PRAXAIR DISTRIBUTION INC CHECK AMOUNT: $288.48 CARMEL, INDIANA 46032 DEPT CH 10660 `raa PALATINE IL 60055 0660 CHECK NUMBER: 155171 CHECK DATE: 1/10/2008 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1120 4231100 28069211 288.48 28069211 I INVOICE To Place Orders call Sales 12/14/07 LM593 28069211 Dept. at: 317 481 -4550 *PAYMENT DUE BY: 12/24/2007 P E 982- PRAXAIR DISTRIBUTION INC 2698- 1/1a704 DEPT CH 10660 PALATINE IL 60055 -0660 CITY OF CARMEL FIRE D *MS* (800) 266 -4369 AP 2 CIVIC SQUARE 5 CITY OF CARMEL FIRE D *MS* CARMEL IN 46032 -7543 STATION 45 10701 N COLLEGE AVENUE 0 INDIANAPOLIS IN 46208 PO a ORDEP a ORDER GATE BRANCH SLS TERR SHIP VIA TERMS PAGE TOM SMALL 4617822 -00 2/10 982 9PV 948 OUR TRUCK JGD NET 10 1 ITEM NUMfl OUANT4T: UANTITY ',C BHIRPED;, aio iTM bESCFCIPI'iQN k1Nit UR13 ➢RkCE.; P.MOUNT SNIPPED RET O: ORDERED BY TOM SMALL 571-2600=== LOCATION: 982 OX M -AD 5 0 OXYGEN USP AD CL 2.25 11.25 VOL: 70 Serial MN4141 (Return) Serial NN0472370 (Ship) Serial D186704 (Ship) Serial AR0195020 (Ship) Serial BW330722 (ship) Serial NN0472370 (Ship) Serial MN0472406 (Return) Serial MN0563590 (Return) Serial MN0563657 (Retu Serial MM0491518 (Return) Serial BW604706 (Return) Serial AR0100796 (Return) Lot: 0982734 24 Qty: 3 Lot: 0982734 23 Qty: 2 ZZZHM 1 0 HAZARDOUS MATERIAL CHARG A .90 .90 MSCFC 0 ENERGY AND FUEL CHARGE EA 5.00 5.00 Subt 17.15 TOTAL CYLINDERS SHIPPED: 5 RETURNED: 7 Pay your bills by credit c rd'. Del Char e 12.50 Call 1 -800- 266 -436 to star T x .00 TAXABLE AMOUNT ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE V ©II_ CHARGE OF 51.00 OR A FINANCE CHARGE OF 1.5% xl PER MONTH 118' ANNUAL RATE) OF THE AMOUNT:. 29.65 OUTSTANDING BALANCE, WHICHEVER IS GREATER. 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'OFANY 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 merchand delivered. whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item i respect to which such claim Is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Si except in the case of a sale of cylinders, or equipment. In such event title small 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 andror equipment. Customer shale 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 re iris required by law. Seller will not be liable for any special, indirect, incidental or Consequential damages, whether arising from negligence. warranty, stnct liability or otherwise. USE RESTRICTIONS: None of the above cylinders andlor 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. It the law requires the user to be licensed, Customer snail not use or perm,/ use without such license. In the event of damage, breakage or mechanical failure of said cviinder; i emim.ment for anv ca�,ce C, a' its ow^ ­Y,r.c­,se. shail forthwith return the cvrinde anC'or equipmen'. to Sc ur C,,. ;oiT.e, re? vu v �o,d cr:, I "ny 1. cy 111, any exp sc 'c Sc s or Custofne account to; repairs in said cy,,nders a ,,J/o egc rrent seller n cy .ny i it any lure_ t 1 teed to :;ustoirur or unused reed c wnich event Customer shall forthwith return cylinders and,'or egUip neni to fire Sc at such place i,Itfvn I Ic- (,,),.r. as the Semi sral! designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request a; the trine of such leasing. In the event of the insolvency or bankruptcy of the Customer, or in the event the Customer violates any of the terns hereof, or fails to return the cylinders and/or equipment or in the event the cylinders and /or equipment are levied upon by any legal process, such lease shall, without notice, immediately terminate 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 imgedimen!s 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: Tiie failure by the Sel,er, 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 nor 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 accepoing rented rylrnderr or re +ited equipment. Buver agrees to: return rented cylinders to Seller on demand be responsible for any lc-.is of nr da to rented Cb 0r_., fro" Ill, or re mU. r3e ScPe r at I" current rate of rharges for srrch'OSt. or o, mace rnuewritf di i 'ti, dnsr a" ^.r trtea A ii thr J „y nlers or iuwcrnent ardor the cu;rte I', �)f Gre ry' n er;; ra rrbur;e 5e r ;cr ,nv ibi ra Ii': r e ms r 1 ci(! ry 5e .el i l l collect,no payment clue or a Ircr ,-mg the terms of these Condillons and be responsible to cy or equ,prnem ao to proper cart t,ramtcrancc i,s of or damage to them (normal wear and tear expected) untii they are returned to Solier. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE fS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE 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: All claims for defective material, 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 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 Sellers credit department, subject to the Ioilowmg conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID VViTHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5 PER MONTH !ANNUAL PERCENTAGE RATE OF 13 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. CYLINDER INVOICE N„MaER<. JJr DEMURRAGE RENTAL INVOICE 28179030 ::PAGE'; NUMBER To Place Orders call Sales 982- PRAXAIR DISTRIBUTION INC 1 Dept. at: 317) 481 -4550 DEPT CH 10660 aNV0ICE DATE: PALATINE IL 60055 -0660 800- 266 -4369 12/20/07 60097— 113:76347 BRN: 982 AGGf?UNT CITY OF CARMEL FIRE D *MS* LM593 AP 2 CIVIC SQUARE CITY OF CARMEL FIRE D *MS* a CARMEL IN 46032 -7543 STATION 45 P 10701 N COLLEGE AVENUE r u, uu, ,,u� ,�,�„�n�u,n,n�,�,�n T INDIANAPOLIS IN 46032 N o COMMENTS: PO p NC TERR k PAYMENT DUE BY: 01/19/08 948 ITEM NAIMBER OFIOeA'# f t1dVD3G£ $�1£P C1?STE: tNC cv�weens tyur� s EemlNi;f er�tu Erts E.ly7 C ERl };,qTE >,gpApUNT nfUnnREFt R YL BAi,ANGE. SHi ?PE4 sEru�uEO 6A9,RNC� LEASiA TYPE AAYB..:> Customer Owned Leases 15 R 410 Med high prey 50cf 55 29 34 50 15 DAY 1120 .100 112.00 R 430 Med high pres 50cf 3 1 1 3 0 DAY 91 .095 8.65 R MZ SAFETY ENv'IRONMENT G G 0 0 G G 8.00 8.00 TAX: .00 TOTAL VALUE nF PLEASE NOTE: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE ABOVE 128.65 3690.00 BALANCE OF OUR CYLINDERS IN YOUR HANDS IS CORRECT AT THE CLOSE OF TOTAL BUSINESS ON THE DATE SHOWN ON THIS INVOICE. 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 warral 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 joss 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 a•&or eq.,iprnent 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 5 ortl•, ncr snail it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. It the law requires the user to be licensed, Costumer shall riot use or permit use without such license, in the event of damage breakage, or rnechaniral lailure of card cynnrin ^d eq sq,m�%nt a n "e all :o tI'V.11i rclurn tnE cylirders and,nr equ:pmerd to Serer. Cusioo er cot i .aiorizeJ I c ::f :a ey _r a,iy exnen,e 'or Seder's or Customer's account for repairs to said cylinders and,'or equipment. Seaei m,�y temurni,e ury 'case at any t,r:e 1,y rencar to Gus: rror of uruscd rent to which event Customer shall forthwith return cylinders anal equipment to the Seiler al such place, w:th,n the county, as the Seller sham designate. Customer shall, at its own expense, maintain liability and fire insurance and such other Insurance as Seller may request at the time of such leasing. In the event of the insolvency or bankruptcy of the Customer, or in the event the Customer violates any of the terms hel or fails to return the cylinders and/or equipment or in the event the cylinders and/or equipment are levied upon by any legal process, such lease shall, without notice, immediately torminale 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 face necessary to repossess said cylinders and/or equipment, and Customer hereby, for itself and its employees expressly waives ail 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 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 ,s hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handing cnerges 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 acreptir,u rented or re.rattd ecna ^ent 3uver agrees to return rented cylinders to Seller on demand be responsible lot a ^v loss pr, nr darnagr t- rnn+ed r r y n t,) t L.F it r ,tg cl yes lo' „r_ toes or ra;naore inur rmnlry Seler aaai tat :c r,.,tir,.,. )LA I u. r !U r .)f ie c; c J 1 [l ,nders_ r„ �ib,irse t, y ,e,•,� :�iu cc. c. terms nl arrn be e= pons'r)W for �ynnaers cr cqu u'nerE: 'r cope• care nn nrinrc n,, u' ^�ar,u 'c "�F f r ect.�ril anhl Ihey Ure reiu to Seder. PLEASE NOTE YOUR PAYMFNT OF PHIS INVOICE IS YOUR ACKNOWLEDGMEN1 THAT THE CYLINDER HEN rAL BALJ,NCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE 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 businass, 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 for defective material, 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 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 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. f LI 4 u CYLINDER NaolcE -f DEMURRAGE RENTAL INVOICE 28179031 To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: 317) 481 -4550 DEPT CH 10660 SAT INV01C.E E PALATINE IL 60055 -0660 800 -266 -4369 12/20/07 60097- 2(3:76348 BRN: 982 LM594 CITY OF CARMEL FIRE D *MS* CITY OF CARMEL FIRE D *MS* a AP STATION 41 2 CIVIC SQUARE P 2 CIVIC SQUARE T CARMEL IN 46032 T CARMEL IN 46032 0 0 COMMENTS: PO 0 HC TERN p PAYMENT DUE BY: 01/19/08 948 IT N�ii#BER ORDER }P DATE BE's6iiiiNa cviirsoFlis tvMiosRS ENnNG EvLUJilfHS T GYL,lNf7Eg1`. qT •M1fUMBER BAI.ANGE.SHfPPED RY �ETUnwEOBALkNGE.,LEASED PF.: DAYS...,;::., R 'AMfsl1YJ3” Customer Owned Leases 15 R 410 Med high pres 50cf 17 14 13 18 15 DAY 82 .100 8.20 R 430 Med high pres 50cf 2 1 1 2 0 DAY 61 .095 5.80 R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 2.50 2.50 TAX: .00 TOTAL vnwE o' LINCEIS PLEASE NOTE: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE ABOVE 1540 .00 BALANCE OF OUR CYLINDERS IN YOUR HANDS IS CORRECT AT THE CLOSE OF TC3TAL 16.50 BUSINESS ON THE DATE SHOWN ON THIS INVOICE. 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: Seiler 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: Custorner 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 ail 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, andlor 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 otherwisc. USE RESTRICTIONS: None of the above cylinders and /or eq.i pment snap be sub,ei or !owned 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 sha!I it be removed from Ine county in which it was delivered to Customer. except by prior wrdter, consent of Seller, tf the law requires the user to be licensed, Customer shall riot osc or permit use without such license in the event of damage, hreakage. or me ^hnnlfal failure of F�A c l'nc­ 4 �q =rtt I r_! vY rs .ui7 r r r,up nL,!t to (,ua t L �,.tr' r•c fv t p _I.. ul t I n .i,b i,l 5 or Ccsiomei s afcuunt 1,)r repaus h) SB.r'Cyl!flders aod,Ot 041xlipn erlf y lease ftrn tins !,y ra,_. Ir, (,rrom_ o< ur,l se•j run' o wrr :n event Customer shall iorthwlth return cylinders and /or equipment to the Seller at such place, witrifn the county, as the S�I!e, snail desgnate. Customer shaii, at its oviii expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of such leasing In the event of fine insolvency or bankruptcy of the Customer, or in the event the Customer violates any of the terms hereof, or falls to return the cylinders andlor equipment or in the event the cylinders and/or equipment are levied upon by any legal process, such lease shall, without notice, immediately terminate and all rights of the Customer to possession of the cylinders and /or equipment shall immediately terminate. Seller may repossess the Sarre or any part thereof wrth 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 ty 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 premises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Sere: shall be entitles to judgement for suer, 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 bme, to insist upon the strict performance by the Customer of the covenants, conditions andlor 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 andlor 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 handing charges mil of made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to for credit. RENTED CYLINDERS AND ITEMS: Cy accr rr cv ,ar" o' rented Eq,;,ome r U,rye! .agrees tc* 'Ouln rutted Cyn1der5 to Seller ors rJemarJ Le rosocns'ble for any loss o don: ids to rrnlrld C� frOjf J,. II' .,i`, tC r a .11 .r L d:,i„a -3r .it' ��I�f rl, rl.l I OJ C,r 1 j ,r L• .P r. .et .,r n `t,^ ev Ir. I rcln: 1' 1P ^ns o es a .d be resLuns!b.e for as ro t wt! cult rlalrte al,cE ss i�. r, -gc ,e t oir. (t 'n.. r nr? t[ a �xcr-cteu) untr Ihev ale resumed to Seller PLEASE NO TE_ YOUR PAYfvIEN7 OF TH,S INVOICE IS YOU11 ACKNOWLEDGMENT THAT ThE CYLINDER RLNI AL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS NVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHO',,VN ON THIS INVOICE. CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents In 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 for defective material, 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 concernrig 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 Federai Truth -In Lending Act, if appricable, 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 16 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. oo a d CYLINDER iNUOICE DEMURRAGE RENTAL INVOICE 28179032 'PA�EI'fHUMBER �I''s:S To Place Orders call Sales 982- PRAXAIR DISTRIBUTION INC 1 Dept. at: (317) 481 -4550 DEPT CH 10660 tuuoicE DATE PALATINE IL 60055 -0660 800- 266 -4369 12/20/07 60097 3!3:76349 BRN: 982 ACCL3UNT LM595 CITY OF CARMEL FIRE D *MS* CITY OF CARMEL FIRE D *MS* AP H STATION 44 2 CIVIC SQUARE 5032 E MAIN STREET T CARMEL IN 46032 T CARMEL IN 46032 0 0 COMMENTS. PO 4 HC TEAR PAYMENT DUE BY: 01/19/08 948 1 ITEM NUMB R OaD R rouoiC6 SHIP t}ATE> ssclaikc trtif6 AS e i pEas �m �c::. 0LiNbF9s REdT C:YLiNa$Ri. RAFS Me]L3N7 ::i I. .NUMBER EAI,,ANGE SHIPPIEA RETUgn.Ep 0ALAN @f; J--; T s:RArS Customer Owned Leases 15 R 410 Med high pres 50cf 11 11 10 12 15 AY 0 .100 .00 R 411 Med HiPr <50CF W /XRS 1 0 0 1 0 AY 30 .315 9.45 R 430 Med high Ares 50cf 3 0 0 3 0 DAY 90 1 .095 8.55 R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 2.50 2.50 TAX: .00 TOTAL vALUE OF CYUNOERS PLEASE NOTE: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE ABOVE 1560.00 BALANCE OF OUR CYLINDERS IN YOUR HANDS IS CORRECT AT THE CLOSE OF TCQT/ 1L 20.50 BUSINESS ON THE DATE SHOWN ON THIS INVOICE. 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 PARTICULAii 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 Seiler, 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 othenv USE RESTRICTIONS: None of the above cylinders and or equiprnect shad 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 rer�roveul 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 snail not use or permit use without such license In the event of damage, hreakage or marhaniral failrxp of said cvlin-cr ar )r`iow f r, aft i•_ �Vr, n�t.r.r r,(+ *h, ^.iii return t",e c ane.oi equipment to Seller Customer is not out'oonzed ioJ!out t•rr,f <er.t Se'c`. t u .y f ir'r t er; -Pnse for Caller s of Customer's account for repairs !o safe cylinders and/or egwpment. Seller may ternuuate any icaso. at any time by trna «.r to Customer o` u:;used rent in which event Customer shall forthwith return cylinders and /or equipment to the Seiler at such place, within ire county, as the Seller shall desrg ^ate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seiler may request at the time of such basing 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 return the cylinders and /or equipment or in the event the Cylinders and /or equipment are levied upon by any legal process, such lease shall, without notice, immediately terminate and all rights of the Customer to possession of the cylinders and /or equipment shall immediately terminate. Seiler 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 at! 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 tests 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 Sellf=r, 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: Originai invoice must accompany merchandise. product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges wil be made on reguiarly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By acceptirg recfod cyi of rented ec,"'Pmerr �,uy•: aa•ee eturn rented cylinders to Seder on demani be responsible for any Inss darna_'e to renlen cyhn,;^ s nr r r. rn,r`Y nit t r it 'r,f ch lc.., J. Jar adc Sr „a l ^r I r u• c:�Y,ontS of 'fu nJ- r,ur�� Sri r ..r ,n• r. l l l'.. ti •I i•_, .i'. .1 I1 11 'il ih7 t 'N!:; art,. e rpsr0 r ble in v is ic p (Jar g'_ t'1V r' 1­J tJ C_X'Iec`e'11 unto they are retur:ec !o Seher PLEASE NOTE YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL RAC iNCF OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE 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: All claims for defective material, 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 cnncernmg 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 r;HARGE OF 1.5% PER MONTH r,ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. LI O 0 a INVOICE is ORTE INVOICE ..;iACCtlUNT N16ER 12/12/07 LM594 28054591 To Place Orders call Sales Dept. at: (317) 481 -4550 *PAYMENT DUE BY: 12/22/2007 R E M 982 PRAXAIR DISTRIBUTION INC 10413 112:11971 T DEPT CH 10660 PALATINE IL 60055 -0660 CITY OF CARMEL FIRE D *MS* (800) 266 -4369 B AP 2 CIVIC SQUARE 5 CITY OF CARMEL FIRE D *MS* CARMEL IN 46032 -7543 P STATION 41 I 2 CIVIC SQUARE �1�n�1��n��nln��n1�1�In1�L�L�1L�n�u��L��nu1�1�1�11�� o CARMEL IN 46032 PO b rz�K ORDER UATE 'RANCH SLS TERR SHIP VIA TERMS PAGE 17768°-00 2/10 982 9PV 948 OUR TRUCK JGD NET 10 1 GUANTIT UANiITY ITBMi;filUMBBR �I ITEM ©ESCRIPTIDN UNIT ><l3VIT PRICE; :AML3UNT SHIPPED HID SN }PPED RET'U: ordered by tom 571 -2 00 LOCATION: 982 OX M -AD 5 0 OXYGEN USP AD L 2.25 11.25 VOL: 70 Serial (Ship) Serial (Ship) Serial (Ship) Serial (Ship) Serial (Ship) Serial (Return) Serial (Return) Serial (Return) Serial (Return) Serial (Return) Lot: 0982731821 Qty: 5 OX M -M 1 0 OXYGEN USP M CL 6.50 6.50 VOL: 124 Serial (Ship) Serial (Return) Lot: 0982733101 Qty: 1 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 1.42 1.42 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 5.00 5.00 Subtotal 24.17 TO TAL CYLINDERS SHIPPED: 6 RETURNED: 6 Pay your bills by credit card! Del C ar e 12.50 Call 1- 800 -266 -436 to star Tax .00 TAXABLE AMOUNT [NV09CE ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE CHARGE OF $1,00 DR A FINANCE CHARGE OF 1.5% PER MONTH IIB% ANNUAL RATE) OF THE 00 36.67 TSTANDING DU BALANCE. WHICHEVER IS GREATER. 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 itern m 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 ol the above cylinders and/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 sha ll it be removed from the county in which it was delivered to Customer, except by prior written consent of Seiler. If the law requires the user to be licensed. Customer shall not use or permit use without such license. In the event of darnagr breakage, or norhan'iril fal,urp r"f ai7 rvi :nrl�r. -r !s t c, cxpLl �o ,ha I 1 0rit vdith re +uni a F, :yi ids­s Jt Cl r/: 0.4,1 anxlt to 601e Cult r :E1 'CI d_rt ­rhea, A 1 rnoi wr I e. u 'reuer. 1 eyl ar money G ar_w auy expense for Seller's or Customers account for iopalrs to said cylinders andmi equipment. Se!ter 'ney [ern ud.e lease at any time by tender to Customer of unused rent ,n which evert Customer shall forthwith return cylinders and/or equipment io the Seller at such place, rnthir t'ie county. as the Se0er shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of such leasing. 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 return the cylinders and /or equipment or in the event the cylinders and /or equipment are levied upon by any legal process, such lease shall, without notice, immediately terminate 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 ail 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 attornev's tees and cou +'t costs NOTICE OF NON WAIVER: The failure by tro Seller. 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: Ry retired cylinaers or rented equiprnent Buver agrees to: return rented cvlrnders to Seller on demand; be resporsiNn for anw osr oi, or oaninge to rente.o ^ytinoea�. n, egwume antl to rr; mbur5e Seller F.r the Ci r, rat' ^f rhr,rr)w *or yu a ups c• rtan ago: n ,a ^i• rfy 5 -••le ,.i... .,i t,,, j,:, Of 'I •F i!: r.. I r'. Ili ,1. .r•, "I w t,r- J: ,w i i� l tut c Oncars ur qu u er: a., tc prii,cr criintcw rce loss Or or ("Wrage to therri (i.crmu wear and tear exoecmd) until they nre returned to Seller PLEASE NOTE YOUR PAYMENT OF THIS INVOICE fS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE 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: All claims for detective material, 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 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 conditori 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%) OR A MINIMUM OF 51.00 ON THE BALANCE DUE. INVOICE D.ATE >ACCOONT: NUI BEH 12/12/07 LM595 28054592 To Place Orders call Sales Dept. at: (317) 481 -4550 *PAYMENT DUE BY: 12/22/2007 R E 982- PRAXAIR DISTRIBUTION INC 104 13- 2/2:11972 T DEPT CH 10660 PALATINE IL 60055 -0660 (800) 266 -4369 B CITY OF CARMEL FIRE D *MS* CITY OF CARMEL FIRE D *MS* AP STATION 44 2 CIVIC SQUARE P 5032 E MAIN STREET CARMEL IN 46032 o CARMEL IN 46032 PG N �a ,7809-0012/10 BA 982 9PV 948 OUR TRUCK JGD NET 10 l ITEM''.Nl,1M$Efi..,',i GUANTi7 uANnry.: ITEM,t)ESCRIP,:TION k1Nlf UNIT.- PRKE 'AMOUIV�T SNIPpSO ORDERED BY TOM SMALL 571 -26 0= LOCATION: 982 OX M -AD 7 0 OXYGEN USP AD CL 2.25 15.75 VOL: 98 Serial (Ship) Serial (Ship) Serial (Ship) Serial (Ship) Serial (Ship) Serial (Ship) Serial (Ship) Serial (Return) Serial (Retur Serial (Retur Serial (Return) Serial (Retur Serial (Retur Serial (Retu Lot: 0982733C21 Qty: 7 ZZZHM 1 0 HAZARDOUS MATERIAL CHARG A 1.26 1.26 MSCFC 1 0 ENERGY AND FUEL CHARGE A 5.00 5.00 Su of 1 22.01 T OTAL CYLINDERS SHIPPED: 7 RETURNED: 7 Pay your bills by credit card! Del Ch 12.50 Call 1 -800- 266 -4369 to start. Tax .00 TAXABLE AMOUNT t^' C ACCOUNTS PAST CUE WILL BE CHARGED A SERVICE QI�C, CHARGE OF $1.00 OR A FINANCE CHARGE OF PER MONTH lib% ANNUAL PATE? THE 00 A.:11'A�k 111.IT 34.51 OUTSTANDING BALANCE, WHICHEVER EP IS GREATER. AMOUNT V r 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 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 irom 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 andlor 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 andlor 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 alf 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 otharwlse. USE RESTRICTIONS: None of the above cylinders and /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 !aw requires the user to be licensed, Customer shall not use or permit use without Stich license. In the event of daniage, hreakace. or rnr r ;::ai of =aid CVIir,der5 C_. .r rr_'. 'It rrr.n ex! e'Se- .:,�r�i' 1r1tCRVlth retdur: (r� cylir.}ers and ;ur equ,p "�:cn! "u Se b2r Cr.dt:.rat ru 1 .s is adtnenzed, my o.;t p snn, u` Sr !lot, t"; Any ru) or rtc;,r ary expense for Sellers or Customer's cccount for repairs to sago cylinders anther equaprrIont Selier may terminate ary !ease at any time by to ider 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 of such leasing. 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 return the cylinders and/or equipment or in the event the cylinders and /or equipment are levied upon by any legal process, such lease shalt, without notice, immediately terminate 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 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 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 io return for credit. RENTED CYLINDERS AND ITEMS: By ac:ept rented cylinders or rented equipmenl. Buyer agrees to. return rented cylinders to Soler on demand: be responsible lur any loss of. c� dam.ane to rented rvL iaers at eowpment and to reimb:,rse Se !er a' thr rurrent r f'e or haiges for s ,ch ioss of damage irdeirnvty Seller ;gta ar =:r r cm: nt ir,ur s q ter^ ,:'e r•. "1 'r',", th 'h« it 'e tr yl r ,r5 �,r ar,1,0' the eunTe..tS IT 1"EI Cy rr7C rS. ,C,rlbUrse Ja' Pr h,' "'y 4 r1,]n a r"y �4 ^c_t i., S, c'er, �ny t �ayu�e nt a11 n erfx,ranq life terms or cundlt!uns :wj be esponsibie 'or cyiinders <q wpl, ant a:; tc f quo °r Cara amacn�ar,ce, css or n1 cr.:rage a rifem lr,nnrial wear and tear expec.edj until they are returned to Seller PLEASE NOTE. YOUR PAYMENT OF THIS INVOICE !S YGUR ACKNO�NLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOECF IS CORRECT AT THE 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: All claims for defective material, 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. Norte of the charges represent a tax or lee 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 DELIVFHY ARE SUBJECT TO A LATE CHARGE OF 1 5 PER MONTH (ANNUAL PERCENTAGE RATE OF 18%) OR A MINIMUM OF $1.00 ON THE BALANCE DUE. CYLINDER INVaicE NUIrBER; DEMURRAGE RENTAL INVOICE 28179027 .!PAGE:, Nl1MBER:�:. To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: 317) 481 --4550 DEPT CH 10660 INVOICE DATE,r; PALATINE IL 60055 -0660 800- 266 -4369 12/20/07 33114- 1/1:33181 BRN: 982 ACCOUNT 0 CITY OF CARMEL FIRE *MMS* LM332 2 CIVIC SQUARE CARMEL IN 46032 -7543 CITY OF CARMEL FIRE *MMS* e s 2 CIVIC SQUARE E I T T CARM EL I N 4 6 0 3 2 O D COMMENTS: PO M HC I TERR 0 PAYMENT DUE BY: 01/19/08 948 1TEiA NU648J;R OR6ER, I.NVOtCE :',$l{IP BATE sEG!}xulHC crtilRS cvrIrypERS Frvtil>uc crljkfdEhs RENT ;:CYLINO>=R1: f2ATE:: A.MbUN7 .II INUM$ER $AEANCE SHIgB:ED aE *ugweo. gAC:ANC>n LEASER 7YPE QAYS .l. R 410 Med high pies 50cf 2 0 0 2 0 AY 60 .325 19.50 R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 2.50 2.50 TAX: .00 TITAL VALUE OF CvLINOERs PLEASE NOTE: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE ABOVE 120.00 BALANCE OF OUR CYLINDERS IN YOUR HANDS IS CORRECT AT THE CLOSE OF TQTAL 22.00 BUSINESS -ON THE-DATE S H O WN..ON...THL S- INVOICE. a.,,. 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 PARTiCULAW 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, warranly, strict liability or otherwise, shall be greater than the price paid for such item 'n 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 train 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 cyinders 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 recoil for, by the Seller In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a comp'.ete 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 th^ above cylinders and /or ogwpment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was interded 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 I us to t licensed CUS`.Omer shall not use or oennrt use without sunh license In th,, event of lama e b rraKane merh;amc,�' f,- tii of ;:dry �nri-r,, 'r I .IS _x��nsi L: t�IC� t'� r�'tuni r e., id'r' eq,u. '.v oc;(I. C;nc:.nr:: i5 a•,h.rl,::. od1' ..I v. c xpr -.0 cny r ,in2; v i °cur airy expense tur Sell s or Customer S r,ccount for 'cpairs to acrd cylinders andic equipment, Seller may i� r.i'e "'y roc -se ,i: any tme try tender to Customer of unused rent in which event Customer shall forthwith return cylinders and/or equipment to the Seller at such place, w4nin 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 a: the time of such leasing. 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 return the cylinders and /or equipment or In the event the cylinders andior equipment are levied upon by any legal process, such lease shall, without notice, immediately terminate 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 ifs 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 andior 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 tees and court costs. NOTICE OF NON- WAIVER: The failure by the Seder. at any one or more time, to Insist upon the strict performance by the Customer of the covenants, conditions andior 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 strct 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: &I acuEpting rented ry;u „fern or re'ried egwpr�� ❑t. 8uyer vcrees tr. ietunI 'entu cylinders to 5ellei Lin dema�d- he 'esl,onsib;e for any c -SS v ,Ii rtnm,; ;r' t .r�m; •o rrh.I se n""2' ,i i, ;alt; t 0 ri.9P igc .ieomni' S,_i -r a I IS >r c:.rn„ge tc, tYttem (Ii,)r roar a.iJ Iear r.xpec'_nl .n t',II they are returned to Seller. PLEASE NOTE: 1'OUH PAYM NT OF THIS INVOICE 13 YUUR ACKN0WLEDGIv1ENT [FIAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE 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: All claims for detective material, 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 or fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT In comoliarce with the Federal Trntn -In tending Art. if applicable. Buyer may be charged any amount approved by Sellers credit department, sub to the fohovring conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJFCT TO A LAl E CHARGE OF 1.5° PER MONTH (ANNUA'_ PERCENTAGE RATE OF 18 OR A iMINIMUM OF 51.00 ON THE BALANCE DUE. Prescribed by Slate Board of Accounts S` 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)) c \^ice �`�J�.��" „T 3 4. Totala�,�a�, 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 VOUCHER NO. WARRANT NO. ALLOWED 20 IN SUM OF ON ACCOUNT OF APPROPRIATION FOR Board Members PO# or INVOICE NO. ACCT /TITLE AMOUNT DEPT. I 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 20�� ignature Cost distribution ledger classification if Title claim paid motor vehicle highway fund