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HomeMy WebLinkAbout161692 07/23/2008 CITY OF CARMEL, INDIANA VENDOR: 360202 Page 1 of 1 y ONE CIVIC SQUARE 982 PRAXAIR DISTRIBUTION INC CARMEL, INDIANA 46032 DEPT CH 10660 CHECK AMOUNT: $382.81 PALATINE IL 60055 -0660 CHECK NUMBER: 161692 CHECK DATE: 7/23/2008 DEP ARTMENT ACCOUN PO NUMB INVOICE NUMB AMOUN DESCR IPTION 1120 4231100 29875490 33.89 BOTTLED GAS 1120 4231100 29875491 55.01 BOTTLED GAS 1120 4231100 29875492 33.89 BOTTLED GAS `1120 4231100 29973036 22.65 BOTTLED GAS 1120 4231100 29973039 84.68 BOTTLED GAS -1120 4231100 29973040 13.05 BOTTLED GAS 1120 4231100 29973041 18.16 BOTTLED GAS 1120 4231100 30091493 44.61 BOTTLED GAS 1120 4231100 30095717 29.90 BOTTLED GAS 1120 4231100 30095718 46.97 BOTTLED GAS CYLINDER INUOC "MOER. DEMURRAGE RENTAL INVOICE 29973036 P'AG E: ?iNUMBEH "i %li: To Place Orders call Sales 98.2 PRAXAIR DISTRIBUTION INC 1 Dept. at: 317) 481 -4550 DEPT CH 10660 sNVOcE nATF;; PALATINE IL 60055 -0660 800- 266 -4369 06/20/08 36561 1 1:36635 BRN: 982 CITY OF CARMEL FIRE *MMS* LM332 2 CIVIC SQUARE CARMEL IN 46032 -7543 CITY OF CARMEL FIRE *MMS* H 2 CIVIC SQUARE L L T T CARMEL IN 46032 a a COMMENTS: PAYMENT DUE BY: 07/20/08 PD< H� 948 I7EiJ NutaB£R OK6ER. fNIF ©10E ':;SHIP E1lT sECVUnNe OV1INDERS .eruNOeas EfAiNC cvLtrtDERS ftENT:::cYI. DAYS:::: 'NIJN]BER BALANCE'5MEPpEO BA c p� ?ggryEfl ISP NCE: LEASER TYPE. RRY5 R 410 Med high pres 50cf 2 0 0 2 0 DAY 62 .325 20.15 R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 2.50 2.50 TAX: .00 TOTAL VALUE OF CYLINDERS PLEASE OF 120.00 BALANCE OF R I IN S YOUR HANDS S AT CLOSE OF T 22.65 BUSINESS ON THE DATE SHOWN ON THIS INVOICE. T OTAL' ERRS CONDMONS These terms and conditions represent the emir,_ ag;e.omeni between the parties hereto and there are no coilateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WAR RANTIES DISCLAIM EH: 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, prcduct cr merrhand se delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for suds item in 2spC'ct Ic which surit clmm is made. _IABLJ T Y Gusleii,ga unders?r rns r.nd agrees that tale to cylinders and equipment remains with fire Seller, except in the case of a sale of cylinders, or equipment. In such event title snail pss_- ;o Caslcmer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents ca,,sed by ar n;;urred n the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents. are e'nplo ices t: om 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 ry 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 ccndiuon 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 t "e cyiinder; enamor 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 Cy!in,e!�. ,d -or equipment, Customer shall promptly furnish to Seller a coinplato report in writing, with names and addresses of witnesses and parties involved and Customer sna I rnane ail reports required by law. Seiler will not be liable for any special, indirect. incidental or consequential damages, whether arising fiem negligence, wwramp �ctt ,IV o ci�,an USE REST?iC1!0NS. None of the above c l oo.ers and; or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the lob for which it was intended to Le useo as move sca for:h 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 trip user to r e 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 lime 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 Seller sliail 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 cdlnrdrrs ndlo• e or in the tivent the cylinders and.ror equipmei:t are levied upon by any legal process, such lease shall, without notice. immediate!y terminate ano all rights of the Customer to poss:ssion of tiie 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 tees 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 riot 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 riot 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 equipment and to reimburse Seller at the current rate of charges for such lass 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 Seiler for any reasonable cost and /or attorneys fees incurred by Seller to collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE 0, RUS( %1F7SS ON THE DATE SHOt�'N'ON THIS INVOICE. CUST'OMER'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 for defective material, shortages and discrepancies are waived unless made in writing within 36 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 lee paid to or imposed by any governmental aufnority. and all of the charges are retained by Seller. DISCLOSURE STATEMENT In compliance wjtn the Federal Truth -In Lending Act, if applicable, Buver may be charged any amount appreveo b/ Selier'F credit eepadn ent. suo!ect to the following Conditions- NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAPS FROivi DLLIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5 FER MONTH IANNLAL PERCENTAGE RATE OF 18 "0) OR A MIMMUPIi Or :S I.CO ON THE BALANCE DUE. CYLINDER irlvoe� N�1Mee: DEMURRAGE RENTAL INVOICE 29973039 To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: (317) 481 -4550 DEPT CH 10660 1Nv.QXE DATE PALATINE IL 60055 -0660 800 266 -4369 06/20/08 60093 1/3:73398 SRN 982 7 _ACCDUNT,.A CITY OF CARMEL FIRE D *MS* LM593 AP 2 CIVIC SQUARE CITY OF CARMEL FIRE D *MS* a CARMEL IN 46032 -7543 STATION 45 10701 N COLLEGE AVENUE T �L�ii�iunnini��u��i�L�n�n�ninne�i� T INDIANAPOLIS IN 46032 o 0 COMMENTS: PO tl HL TERR tl PAYMENT DUE BY: 07/20/0$ 948 ITE_p4 N'tlfAgFR OR6ER': •6NUDaCE DklT1:•, HEGIfJNING .GVAINOFRS LYUNDERSENMNGGYLWGEBS RENT CYL�fJp�Rl m. xx:x NO BAEANCE SHFPPED BEfUxWE6 B0.4AffGE LEASER TYPE RR1'S RATE',? A#A4U�1T Customer Owned Leases 15 R 410 Med high pres 50cf 36 9 9 36 15 AY 651 .100 65.10 R 430 Med high pres 50cf 4 1 1 4 0 DAY 125 .095 11.88 R NZ SAF ETY ENVIRONMENT 0 0 0 0 n _0 ^7. ^7,0 7 70 TOTAL VALUE OF LYLIN!)Efl5 TAX: .00 PLEASE NOTE: I BALANCE OF OUR CYLINDERS Y IINSYI OUR HANDS AC CORRECT AT 3080 .00 BA HE CLOSE C `84.68 BUSINESS ON THE DATE SHOWN ON THIS ,NVO�CE. TOTAL TERMS CONDITIONS These terms and conditions rapresent the entire agreement between the parties hereto and there are no collateral, ora€ 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 DfSCI_A1MED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders. equipment redo::: ^r machendise uelEverec whether based on contract negligence, warranty, strict liability or otherwise. shall be greater than the price pD such item in ;fsio'c •r rrc E,;Irees that title to cylinders and equipment remains with the Seller. except in the Case of a sale of cylinders, or equipment. In such event.. ,J Invoices rendered covering said cylinders or equipment are paid in full. Cuslotnei assumes all liability for damages from accidents Cal LW ':n Iit....rrrn uoe or transpotation of said cylinders and/or equipment. Customer shall defend, Indemnify and had harmless Seller, its officers, agents, art. cmo, ecs iI C Y ^e all damages and/or liability to any person whomsoever, arising out of or resulting trom the usage, storage, or transportation of said Cylinders. Idol eau 2 1. f^ tr; t e _a:on. r CI anyone .vhde they are to the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in r inc ;;,e s is return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to of r o' fns cause unit they nave been returned to, and fcceiptad for, r;y the Sailer. in the event of any acricent involv;ng sa,u cvi •r .;cfpnent, Cu.SEorn rsnad promptly furnish to Seller a complete report in writing, with harries and addresses of witnesses and parties involved and Custq�:ar sh�a,l mare all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whet'ner arising from negligence, L' SE None c' the aeo :y not urn or equipment snail be suuler or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be usec 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 tiia user to oa ucenseo. Gustomer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or equipment 'or anv cause, Customer, air its own expense, shalt forthwith return the cylinders and/or equipment to Seller. Customer is not authorized, without prior written consent of Seiler, to expend anv money or Incur any expense for Seller's or Cusiomer's account for repairs to said cylinders and/or equipment. Seller may terminate any lease at any time ey tenoer to Customer of unused rent in which event Customer shall forthwith return cylinders and/or equipment to the Seller at such place, within the ^curly, as the Serer shoo designate. Customer shall, at Its own expense, maintain liability and fire insurance and sEfch other insurance as Seller may request at ne time of such !easrne. 1❑ Inc event of the Insolvency or bankruptcy of Erie CUSIOmer, or in the event the Customer violates any of the terms hereof, or fails to return '.h' a alld .�pr'YP�• is 2d 70 ry 'e_� ;JfU' 5. .Ch 10 a rreat^ s}» I v'rhout ch �ce im r r 5. ss_ )i ;me cyrnoers andror equfa rent shall immediately terminate. Seller may repossess the same or arry part thereof r^rntn or volhout nUFce and W'1t1 wfrhou; ,eg, process, and Seller and its agents are hereby authorized to go upon Customers property and remove impediments and may use all force ne;;essary to repossess said cylinders andror 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 Seiler in the process of taking and removing said cylinders and/or equipment. !n 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 arid tide Scher shall 'oe entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and fo reasonable attorney's hens and C.^, �,!rt costs. NOTICE OF NON- WAIVER: The failure by the Sete at any one or more tirrin to insist upon the strict performance by the Customer of the covenants, conditions andror 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 handlirg charges ,vill 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 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 tees incurred by Seiler in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance. loss of of damage to them (normal wear and fear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGE, "ENT 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 SHOVYN ON THIS INVOICE CUSTOMER'S ':tEPRESENfT.-'. Zl„ Ci Buyer represents to Seller trot 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 ever;, of IitigaCOn, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit, CLAIMS: A !alms oeter.r;e j,.:rrl.:: ^Cnages and discrepancies are waived unless made in writing within 30 says of receipt of delivery. S ri ii 3ES. amount a ,e :o:r. Elie Customer may include various Itemized charges, including: charges for the handling of hazardous materials and for compliance with laws zinc 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 ice ca:d tD or ir;posed by any govarnmental autnonly and all of thR charges are retained by SaAer. DISCLOSURE STATEMENT in compliance with the Federal Truth -In Lending Act, if applicable, Buyer may be charged any amount approveu oy Seller': credit oe;;artment. subject to ine foliowrng conditions: NO LATE CHARGE IF P 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. a CYLINDER 1NMCE NUMBEK a o a a DEMURRAGE /RENTAL INVOICE 29973040 PAGE NUMBERt;:: To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: 317) 481 -4550 DEPT CH 10660 1NV0icE DA E PALATINE IL 60055 -0660 800 266 -4369 06/20/08 60093 213:73399 BRN: 982 ACCOUNT 8 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 o a eommer+TS PAYMENT DUE BY: 07/20/08 Ra 94 ITEM NUl1BER ORDER .:INUgtGE SNIP DATE; csuuluc cYLIUeERS .truntiEas ¢rroING cvt,uDER' RENT ;CYLINZ1EV": FIAT AMdUNT nfUMBEi3 s BACHNCE SHIPPED AE ?upNEn; BACANGE LfiASED TYPE. RAYS Customer Owned Leases 15 R 410 Med high pres 50cf 8 19 19 8 15 DAY 0 .100 .00 R 430 Med high pres. 50cf 3 2 1 4 0 DAY 111 .095 10.55 R iiu SAFETY ENVIROINYENT 0 0 E 0 0 2.50 2.50 TAX: .00 TOTAL VALUE OF CYLINDERS PLEASE NOTE: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE ABOVE 1400.00 BALANCE OF OUR CYLINDERS IN YOUR HANDS IS CORRECT AT THE CLOSE OF TOTAL 13.05 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 PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment,- oroduc' cr merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item In espcct to wric!i :."ch clarn is made LIABL.ITY: Customer r., e. ran_s -�r,j 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., file shall pns_ .c Cusi(-wer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents cans d oy or inr.u, e in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents, and employees ircm 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 wor'r,;n;; ccnuition 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 accldent Involving sad cylinders and -or uquipment. Customer snail promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer snail inane all reports required by law. Seiler will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty, 5tr'.c: Lori o: orierwise. USE RESTFUCTIDNS: None of the above cyiii 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 law requires the user to oe 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 tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within I he county, as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seiler 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 cvirnders a ^d'or o in the even? the cylinders and'or equ'pmer,t are levied upon b�' any legal process, such (case shall, %vJfhcut notice immediately immina ^,o and all rignts of the Customer to possession of the cyiinders and /or equipment shall immediately terminate. SeNer may repossess the same or any part thereof with or w ithout notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and rernove 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 attorneys tees 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 is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany mercnandise, product, cylinders or equipment returned for cred RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise• product, cylinders or equipment returned. Special order items are riot 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 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 fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance. loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS 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 CUSTOMIE9'S REPRESE1\ ATION 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 tees 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 cue Lon 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 handAng, 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 OR A MINIMUM OF 51.00 ON THE BALANCE DUE. CYLINDER ]RV.0ICE NUMBER. LI in5 DEMURRAGE RENTAL INVOICE 29973041 To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: 317) 481 -4550 DEPT CH 10660 avVOtCE DATE::: PALATINE IL 60055 -0660 800 266 -4369 06/20/08 60093 3/3:73400 BRN: 982 .ACCDI3NT_ S_ LM595 CITY OF CARMEL FIRE D *MS* CITY OF CARMEL FIRE D *MS* g AP H STATION 44 2 CIVIC SQUARE P 5032 E MAIN STREET T CARMEL IN 46032 T CARMEL IN 46032 0 0 COMMENTS: PO a HC TERR 9 PAYMENT DUE BY: 07/20/08 948 TEM NUPABfR OROEA::# IbU?]06 $M]P DI T£ BEG!f NG cvlU Dfxs tYUM 6R5 ENtiiuG Cvlildi¢RS RENT' ICYL1NDt Rl RATE'' AMC) SHI>?PEO aETukNm BALANCE CBtkSE6 TYPE Customer Owned Leases 15 R 410 Med high pres 50cf 11 8 7 12 15 AY 0 .100 .00 R 411 Med HiPr <50CF W /XRS 1 0 0 1 0 DAYJ 31 .315 9.77 `zJV 4 I l AI pre s 500 G 0 0 2 V A2 62 .095 5. R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 2.50 2.50 TAX: .00 TOTAL VALUE OF CYIINOERS PLEASE NOTE: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE ABOVE 1330.00 BALANCE OF OUR CYLINDERS IN YOUR HANDS IS CORRECT AT THE CLOSE OF TOTAL 18.16 BUSINESS ON THE DATE SHOWN ON THIS INVOICE. TERMS CONDITIONS These terms and conditions r 2presenf the enure agreement between the parties 'neieto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WAR RANTIES- DISCLAIM =R: 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, rnGua m6rchar) :i5c s ivereo ,vhethe bassd On contract, negligence, warranty, strict IiabiFty or otherwise, shall be greater than the price Bard `or such item in cn C sw a that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment In such event,. non invoices rendered covering said cylinders or equipment are paid in full. Custorner assumes all liability for damages from accidents of transportation of said cylinders and.ror equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents. C­1 c; _�co all damages arcror liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders. I srorru 01 while they are in the custody of the Customer, The Customer acknowledges receipt of the cylinders and /or equipment In a ru s 110 rc urn thcnr In as good carndltlerc subject to reasonable am tear. Customer shall de liable far all damage to or e 11, :L:a:; a' the cause unul they nave been returned tc, and rereictad far, by the Set;cr. in the event of any accident involving aa,c c p'i,cnt. Custorner srail promptly furrnsn to Seder a complete report in writing, with names and addresses of witnesses and parties involved and Custo^ e sfra,! mar.'e a'i reports required by law Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, ivone of the aLov ;y .e, cndlor equiDment snap 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 usec a; 6ho4o s�_f font or 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 line user to oe 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 rause. Custorrcr. at its own expense, shall forthwith return the cylinders and /or equipment tc Seller. Customer is not authorized, without prior written consent o; Seder, to sxper o anv money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any einse at sm time r.y tercer to Custorner of unused rent in which event Customer shall forthvi th return cylinders and /or eoulpment to the Seller at such place, within :lie ot.rt ;y as the Skier snaii designate Customer snali, at its own expense, maintain liability and fire Insurance and such other Insurance as Seller may request at L'ie time of such iaasntc,. ir, the ;vent of the insoivency or bankruptcy of the Customer, or in the event the Customer violates any of the terms hereof, or fails to return process. r 161�,s6 sl rill. t•. i:hout rohcu. :r r� ta�,,di�ae; e +r,i r_ ;,ter t sscss,"r. of ;i ryunaers and ;at, equipment shall ininlecrCtely terminate. Seller may repossess the same or any part thereof with oi vviinout aria with Dr 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.ror equipment. In the event of any breach oy the Customer hereuncer, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seiler shall be entitled to judgement for scch expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's fens and cots'. costs. NOTICIr Or NON-WAIVER: The failure by the Seller, at any cne or more tirne. to Insist upon the strict performance by the Customer of the covenants, conditions andior terms of this agreement, shall not be construed as e taaiver 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 of 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 Seiler 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 at the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and/or attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance. lass of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS 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 SHOViN ON THIS INVOICE. C'US OiJi'ER S l.'IF.:L Euyer represents to Se' or "ut Buyer has nct 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 vvdhln the niesning of the federal bankruptcy act. LITIGATION: !n the event of litigation, the prevailing party shad be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: Ali dairnc for der�c. ;ve rnuYa ^s!. ncrtagas and discrepancies are waived unless made in writing within 30 nays of receipt of delivery. SUR to ahount do j nom the Customer may include various itemized charges, including: charges for the handling of hazardous matenals and for compliance with Saws arc egulations 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 raid to or irncosed 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 amourit approvec by Seller's credit aepartmenl. subject to the folovwig conditions 1v0 LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS, ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.59. PER MONTH tANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF 31.00 ON THE BALANCE DUE. INVOICE oa1E ,:nGCDUNT i# ,INVOICE ivUMBEfi- 'i 07/02/08 LM593 1 30091493 To Place Orders call Sales Dept. at: 317 481 -4550 *PAYMENT DUE BY: 07/12/2008 R E 982 PRAXAIR DISTRIBUTION INC 13 60 3 1/3:17202 T DEPT CH 10660 T PALATINE IL 60055 -0660 CITY OF CARMEL FIRE D *MS* (800) 266 -4369 AP 2 CIVIC SQUARE S CITY OF CARMEL FIRE D *MS* L CARMEL IN 46032 -7543 P STATION 45 10701 N COLLEGE AVENUE o INDIANAPOLIS IN 46208 PO M ORDER p ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE 6714741 -00 6/30 282 9NH 948 OUR TRUCK BNJ NET 10 1 DLANTtT: uAanTV. iTEht DESC121f ?ION UNtT <UNJ? RR�CE AMOUIIFT LOCATION: 982 OX M -AD 9 0 OXYGEN USP AD CL 2.48 22.32 10 VOL: 126 Lot: 0982818321 Qty: 9 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 1.79 1.79 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subt otal 32.11 TOTAL CYLINDERS SHIPPED: 9 RETURNED: 10 Del ar e 12.50 Tax .00 TAXABLE AMOUNT ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE CHARGE OF $1.00 OR A FINANCE CHARGE OF 1.5% PER MONTH '18% ANNUAL RATE) OF THE .00 OUTSTANDING BALANCE, WHICHEVER IS GREATEP, 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. WAR RANTIES 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 eVlinders, equipment,' product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than ttne price paid far such item it respect to which suer. clam is maoc, LIABILITY: Customer unders rids and agrees trial tile 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 inGl WOO in tie use or transportation of said cylinders andlor equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents, and employees from any and ail damages and /or liao!Gty to arty person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders andror equ;prnent by the Customer or anyone while they are in the custody of the Customei. The Customer acknowledges receipt of the cylinders andror equipment in goof :vcrlcir,. d repa.r arc agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be 0,%lbie for all damage is or oss cr trig c ;r, ^ae ;�ncne t re arGle s of the cause until triey nave been returned to, and receipied for, by the Seller. to the event of any accident invclvv-.c said cyhnde,s en4' r aqu,pment, Customer shall Promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shat! ;na all repots required by law. Seiler will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty. su':.: rid.: "::v :;r erw'se. USE RESTRIC'TtCNS: None of trie 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 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 oy tender to Customer of unused rent in which event Customer shall forthwith return cylinders andror equipment to the Seller at such place. within the county, as trio Serer shall designate. Customer shat,, at its own expense, maintain liability aria fire insurance and such other insurance as Seller may request a, the time of suon 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 :CC. ir,- i.. .'or equ.pmc' .t die li, a�,rJr 3a 1, t T.i Jnce ;e m tote na II n rtt, e U. scorner to sso .or, of the cylinders arid/or equipment shall immed ateiy login netc Soler may repossess me sam or any par; trio ecr with or whnout notice and .vain or without legal process, and Seller and its agents are hereby authorized to go upon Customers property and remove impediments arc 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 even; 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 Seiler shalh be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorneys 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 terrns 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 at, 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 fees incurred by Seller in collecting payrnent due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS 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 REPRES'ENTATiCti 07 SCLVcI\CY: Buyer represents to Seller tilat Buyer nas not ceased to pay its debts .n the ordinary course of business, that It can pay its debts as they become due, and th£d 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 cla fa; defective rnarenal. snort-ages and discrepancies are waived unless made in writing wdhm 20 days of receipt of delivery. SURCHARGES: Tnu total ainourrt due trcrn 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 tee paid to or imoosed by anv govemmental aLdhority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT In compliance with the Federal Trum -!n Lending Act, If applicable, Buyer may be charged any amount approved by Seller s credit department, subject to the !011owhtg 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 -oj OR A MINIMUM OF S11.00 ON THE BALANCE DUE, INVOICE Acce,UN; NV01cE.NSNtBER 07/02/08 LM594 30095717 To Place Orders call Sales Dept. at: 317 481 -4550 *PAYMENT DUE BY: 07/12/2008 R E 982 PRAXAIR DISTRIBUTION INC 13603 2!3:17203 DEPT CH 10660 T PALATINE IL 60055 -0660 (800) 266 -4369 B CITY OF CARMEL FIRE D *MS* 5 CITY OF CARMEL FIRE D *MS* L AP STATION 41 2 CIVIC SQUARE 2 CIVIC SQUARE. CARMEL IN 46032 o CARMEL IN 46032 PO b URGER R ORUER DATE BRANCH SLS TERP SHIP VIA TERMS PACE 715346-0006/30 982 9NH 948 OUR TRUCK BNJ NET 10 1 RUAN71i, uANTIiv :CILIN 6ER5 �y �TEIYr fdlJMEi1rR 17EM b�SLF?p.T IbN UNIT L7NiT QRICE i��UT LOCATION: 982 OX M -AD 3 0 OXYGEN USP AD CL 2.48 7.44 3 3 VOL: 42 Lot: 0982818321 Qty: 3 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 1.96 1.96 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 subtotal 17.40 TOTAL CYLINDERS SHIPPED: 3 RETURNED: 3 Pay your bills by red't card! Del Char e 12.50 Call 1 -800 -266 -436 to start. T x .00 TAXABLE AMOUNT ACCOUNTS PAST DUE WILL BE CHARGED A SERVILE lVl )jl CHARGE OF 51.00 OR A FINANCE CHARGE OF 1.5'!. V MMM PEP MONTH f18% ANNUAL RATE) OF THE 00 .J�(I��hIT 29 a 90 OUTSTANDING BALANCE, WHICHEVER IS GREATER. /"y1Yk V{ 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 bald for such :tern 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 andror equipment regardless of the cause until they have been returned to, and rece +pied for, by the Seller. In the event of any accident involving said cylincers and/or equipment, Customer shall promptly furnish to Selier 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 arty special, indirect, incidental or consequential damages, whetner arising from negligence, warranty, strict liability or otnenvise. 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 fortl 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. Seiler 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 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 iha cylinoern andor cq,:ir count c! in :ha event the cyl nders and/or equipmert are levied upon by any legal process, such lease shall, without notice, it rued +ate terminate and all ngn,s 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 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 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 fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care. maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS 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: Ail 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 matehat: 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 fofloo inn, conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LA7E CHARGE OF 1.5% PER MONTH (ANNUAL_ PERCENTAGE RATE OF 1$%) OR A MINIMUM OF $1.00 ON THE BALANCE DUE. INVOICE O/tTf IkGCDUNT; ;No1��.�Mg� 07/02/08 LM595 30095718 To Place Orders call Sales Dept. at: (317) 481 -4550 *PAYMENT DUE BY: 07/12/2008 R E M 982 PRAXAIR DISTRIBUTION INC 1 360 3- 3/3:17204 T DEPT CH 10660 PALATINE IL 60055 -0660 (800) 266 -4369 B CITY OF CARMEL FIRE D *MS* S CITY OF CARMEL FIRE D *MS* AP STATION 44 2 CIVIC SQUARE p 5032 E MAIN STREET CARMEL IN 46032 0 CARMEL IN 46032 p0 p ORDER p Ill ER DATE IRA NCH SLS TERR SHIP VIA TERMS PAGE 6716389 -00 6/30 982 9NH 948 OUR TRUCK BNJ NET 10 1 DUANTIT UANTITY ITEM. NUMBER: ITEM gE$CFtIP:TION UNkT (UNIT PRtC€ AMOUNT $HlPPEO 870 SN /PpEO :RET:O LOCATION: 982 OX M -AD 7 0 OXYGEN USP AD CL 2.48 17.36 8 VOL: 98 Lot: 0982818321 Qty: 7 OX M -M 1 0 OXYGEN USP M CL 7.15 7.15 VOL: 124 Lot: 0982817 02 Qty: 1 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 1.96 1.96 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subtotal 34.47 TO TAL CYLINDERS SHIPPED: 8 RETURNED: 9 Pay your bills by redit card! Del Ch 12.50 Call 1- 800 266 -4369 to start. Tax .00 TAXABLE AMOUNT 1 ACOUNTI C PAST DUE WILL BE CHARGED A SERVICE ,INVOICE, CHARGE OF $1.00 OR A FINANCE CHARGE OF 1.5% PEP MONTH (19% ANNUAL RATE) OF THE 00 {�k�/k 46.77 OUTSTANDING BALANCE, WHICHEVER IS GREATER. I:Y::.i:.::, 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 sucn item in res,dect to wrnch such claim is mace. LIABILITY: Customer uheerstands 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 even,,- title shah pass tp CUS,O ei wnen invoices reneered 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 goof Workin, g ,no =­,n ic :,r a agrees ;o eturn them in as good condition soclect to reasonable wear and tear. Customer shall be liable for ail damage to or loss Of trle C :'a rOeiS =:n @J ,or;en; ;aidless pt the Ca'.rbe until Ilia/ nabs veer; rc:u :nuo to, and recelpted tor, t;y the Seiler. In the event df any acCl.'erlt invplVlCg said cy nce,s ane'or equ,pmer.t, Customer snali promptly turnrsh to Seiler a ..omptete report in writing, with names and addresses of witnesses and parties involved ano 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 Iiabd4y ar nenyise 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 Seiler. It the law requires the user to be Ilcensed, 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 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 Seiler shad designate. Customer shaP, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of such Ieaslnr. 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 cnlcr cq,;iprr,e "t are !cv,,:e „_r a s :s sr, w. T cc imr 'c and ad rrgnts of u e C. tourer 1 of the cylinders ard,'or equipment shall imn ed,ately tei Seder may repossess the same or any part t,nereat 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 Seiler 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- VJAIVER: 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 terns 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 riot 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 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 Seiler for any reasonable cost and /or attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS 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, CUSTOwrER'S REPRESEF! T ATi3;r' Or Buyer represents to Seller that Buyer has not ceased to pay its debts rrr the ordinary course of business, that it can pay its debts as they become due, and that Er.yer 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 clams for defective rraic -nt. shortages anc d are waived unless made in writing within 30 days of receipt of delivery. SURCHAl3GES: -.e total amount due roni the C.,stomei may inciudc 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 lee card to or imposed by any governmental authority. ano all of the charges are retained by Seller. DISCLOSU{ :E ST TEME JT In Will rig cdera, Trutn -in Lending act, if applicable. Buyer may be cnargad any amoun, approved tt Seila; s cr relit department, subtect to tire foiloawrq 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 t.5 °t_ PER tIONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF S1.00 ON THE BALANCE DUE. INVOICE SATE i:::'. :::ACCOUNT d 7NV�IC E.NiJM BE FI >C: 06/18/08 LM593 29875490 To Place Orders call Sales Dept. at: 317 481 -4550 *PAYMENT DUE BY: 06/28/2008 k E 982- PRAXAIR DISTRIBUTION INC 12034 1/3:15559 T DEPT CH 10660 PALATINE IL 60055 -0660 CITY OF CARMEL FIRE D *MS* (800) 266 -4369 AP 2 CIVIC SQUARE G CITY OF CARMEL FIRE D *MS* L CARMEL IN 46032 -7543 STATION 45 o P 10701 N COLLEGE AVENUE INDIANAPOLIS IN 46208 pO p ORDER p ORDER GATE BRANCH SLS TEPP SHIP VIA TEAMS PAGE 06556158 0006/16 982 9NH 948 OUR TRUCK JHP NET 10 1 6UA NTIS. UANiIFY':. 7 y.,NUMj R 1QtA bEgGFlPfiibN UNIT N #F PRICE: AfVJCJUNT SHIPPED RE LOCATION: 982 OX M -AD E 0 OXYGEN USP AD CL 2.48 12.40 VOL: 70 Lot: 0982814 24 Qty: 1 Lot: 0982815 24 Qty: 4 ZZZHM 1 0 HAZARDOUS MATERIAL CHARG EA .99 .99 MSCFC 2 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subtotal 21.39 T OTAL CY IN ER SHIPPED: 5 RETURNED: 5 Pay your bills by red't c rd! Del Char3e 12.50 Call 1- 800 266 -436 to sta t. T x .00 TAXABLE AMOUNT ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE IN..Y CHARGE OF 11.00 OR A FINANCE CHARGE OF 1.5% PER MONTH 118% ANNUAL RATE) THE 00 A U 3 3.89 OVTGT AN GING BALANCE, WHICHEV IS GREATER. IY I 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 and /or equipment shall be sublet or loaned by the Customer, not 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 Seiler. 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 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 Seller shall designate. Customer sri 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 tails to return _y, u: raj,. t u; ;ho evr Uio cy�,,nd,, ,ind�or equipment arc evied upon by any legai process such Jcase shall, without nohce.:n:mediate'y ter r.i: ate 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 andior 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 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 equipment and to reimburse Seiler at the current rate of charges for such loss or damage; indemnify Seiler 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 fees incurred by Seiler in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE. YOUR PAYMENT OF THIS INVOICE IS 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 foe paid t,, of impose,! 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 follow ng 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 $1.00 ON THE BALANCE DUE. Ir�Jp a a Q INVOICE „PATE:. :AGCOLINT2. aP14C110E iN 11N1BER': 1: 06/18/08 LM594 29875491 To Place Orders call Sales Dept. at: 317 481 -4550 *PAYMENT DUE BY: 06/28/2008 R E 982- PRAXAIR DISTRIBUTION INC 12034- 2/3:15560 T DEPT CH 10660 PALATINE IL 60055 -0660 (800) 266 -4369 B CITY OF CARMEL FIRE D *MS* 5 CITY OF CARMEL FIRE D *MS* L H AP I STATION 41 2 CIVIC SQUARE P 2 CIVIC SQUARE CARMEL IN 46032 0 CARMEL IN 46032 PO N ORDER p ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE 0 6556075-0006/16 982 9NH 948 OUR TRUCK JHP NET 10 1 UANTLT: UAMITV :CVLINUQA$':: 1TM iyE$CF{IPTI�rt E�NIT A�OU� SH1PP60:: B20 eHSPPEO RPT'U:: LOCATION: 982 OX M -AD 1C C OXYGEN USP AD CL 2.48 24.80 1C S VOL: 140 Lot: 0982815 24 Qty: 9 Lot: 0982814 24 Qty: 1 OX M -M 1 0 OXYGEN USP M CL 7.15 7.15 VOL: 124 Lot: 0982816 02 Qty: 1 ZZZHM 1 0 HAZARDOUS MATERIAL CHARG EA 2.56 2.56 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subtotal 42.51 TOTAL CYLINDERS SHIPPED: 11 RETURNED: 10 Pay your bills by credit card! Del Charge 12.50 Call 1-800-266-436S to start. I Li T�x .00 TAXABLE AMOUNT ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE INU0IC CHARGE OF $1.00 OR A FINANCE CHARGE OF 1.5% PER MONTH I18% ANNUAL RATE) OF THE OUTSTANDING BALANCE, WHICHEVER IS GREATER. oo n1'{ 55. O1 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 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 se', 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 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 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 t! cy,inaurs ano w equipment ui in ins evert Ine cyunuers arid,w equipment are levied upon by any legal process, such lease shall, without notice, unmediate'y 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. 'o 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 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 fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance. loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS 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 'egulations concerning hazardous materials charges for handlino, delivery and shipping: and /or charges for energy or fuel None of the charges represent a tax or er p:�id to r: mpoenl by any governmental a.dhonty_ and ail 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 S1.00 ON THE BALANCE DUE. INVOICE DATE AG06UNL;?# 1A111.Q10E NUMBER 06/18/08 LM595 29875492 To Place Orders call Sales Dept. at: 317 481 -4550 *PAYMENT DUE BY: 06/28/2008 R P 982- PRAXAIR DISTRIBUTION INC 12034 3!115561 T DEPT CH 10660 PALATINE IL 60055 -0660 (800) 266 -4369 B CITY OF CARMEL FIRE D *MS* S CITY OF CARMEL FIRE D *MS* I L AP STATION 44 C 2 CIVIC SQUARE 5032 E MAIN STREET CARMEL IN 46032 0 CARMEL IN 46032 PO tl ORDER p ORDER GATE BRANCH SLS TERR SHIP VIA TERMS PP GE 0 6556114-0006/16 982 9NH 948 OUR TRUCK JHP NET 10 1 „IT,�hI,INUMBER avANTC SIANTIrY ,GMLINOE 5Hi ?PSIS: 0!tl 6kISPm RE TV' LOCATION: 982 OX M -AD 5 0 OXYGEN USP AD CL 2.48 12.40 VOL: 70 Lot: 0982814 24 Qty: 2 Lot: 0982815 24 Qty: 2 Lot: 0982812 22 Qty: 1 ZZZHM 1 0 HAZARDOUS MATERIAL CHARG EA .99 .99 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subtotal 21.39 T OTAL CY IN ER SHIPPED: 5 RETURNED: 3 Pay your bills by redit ca rd! Del Char3e 12.50 Call 1- 800 -266 -436 to star Tax .00 TAXABLE AMOUNT ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE INVOIC CHARGE OF SI.00 OR A FINANCE CHARGE OF 1.5% PER MONTH [18% ANNUAL RATE] OF THE L�1T OUTSTANDING BALANCE, WHICHEVER IS GREATER. .00 �'1'�E UN TL 33.89 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 white 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 shad make ail reports required bylaw. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty, strct liability or otherwise. 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 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 tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such plane, 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 risolvency or bankruptcy of the Customer, or in the event the Customer violates any ,of the terms hereof. or tails to return t ^�y' •�dus �,�id.0 "ilunn"n: o, U,.: eve -•.t ir,� cy dens ra'e, ,:qu,pmer't aye ledied upon by ar.y legal pr, suc. .case shall, vothoui i�ohcs. immediately terrniriate.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 Customers 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 NOWWAIVER: 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 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 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 tees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS 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 deots in the ordinary course of business, that it can pay its debts as they become due. and that Buye is solvent within the meaning of the tederal 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 reguEations concerning hazardous materials: charges for handling, delivery and shipping: and /or charges for energy or fuel. None of the charges represent a tax or e: to er ni :;y 'i• y jovnrnmen[ai aulnonty, one all or the charges are rctainecl 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 16 OR A MINIMUM OF $1.0D ON THE BALANCE DUE. VOUCHER NO. WARRANT NO. 982- Praxair Distribution, Inc. ALLOWED 20 IN SUM OF Dept Ch 10660 l r Palatine, IL 60055 -0660 $382.81 ON ACCOUNT OF APPROPRIATION FOR Carmel Fire Department PO# Dept. INVOICE NO. ACCT #!TITLE AMOUNT Board Members 1120 rr 42 -31 1.00 $382.81 1 hereby certify that the attached invoice(s), or �l- 7 bill(s) is (are) true and correct and that the materials or services itemized thereon for 10 which charge is made were ordered and received except CA 24 b S 017 -3v Lf Title 4 0 Cost distribution ledger classification if claim paid motor vehicle highway fund �o D I I I I �!`9 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)) Oxygen $382.81 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