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HomeMy WebLinkAbout164567 10/16/2008 F CITY OF CARMEL, INDIANA VENDOR: 360202 Page 1 of 1 ONE CIVIC SQUARE 982 PRAXAIR DISTRIBUTION INC CHECK AMOUNT: $556.56 CARMEL, INDIANA 46032 DEPT CH 10660 PALATINE IL 60055 -0660 CHECK NUMBER: 164567 CHECK DATE: 10/16/2008 DEP ARTMENT ACC OUNT PO N UMBER INVOICE NUMBER AMOUNT DESCRIPTION 1120 4231100 30748547 58.79 BOTTLED GAS 1120 4231100. 30748548 97.24 BOTTLED GAS 1120 4231100 30748549 56.49 BOTTLED GAS 1120 4231100 30883994 25.69 BOTTLED GAS 1120 4231100 30883997 107.86 BOTTLED GAS 1120 4231100 30883998 16.78 BOTTLED GAS 1120 4231100 30883999 35.09 BOTTLED GAS 1120 4231100 30919316 53.60 BOTTLED GAS 1120 4231100 30919317 61.78 BOTTLED GAS 1120 4231100 30919318 43.24 BOTTLED GAS INVOICE To Place Orders call Sales 1 LM593 1 09/24/08 30919316 Dept. at: 317 481-4550 *PAYMENT DUE BY: 10/04/2006 R E M 982-PRAXATR DISTRIBUTION INC 14 136 1/3:18649 T DEPT CH 10660 T PALATINE IL 60055-0660 CITY OF CARMEL FIRE D*MS* (800) 266-4369 8 AP 2 CIVIC SQUARE 1 I CITY OF CARMEL FIRE D*MS* CARMEL IN 46032-7543 STATION 45 T 10701 N COLLEGE AVENUE T 0 INDIANAPOLIS IN 46208 PO p ORDER 1 ORDER DATE BRA NCH SLS TIRE SNIP VIA TEAMS PAGE 607002-0009/22 982 704 948 OUR TRUCK JAF NET 10 1 1T I CUANTM 01JAN7 ITV M 'N 01 I-- LOCATION: 982 OX M-AD 6 0 OXYGEN USP AD CL 4.80 28.80 E E VOL: 84 Lot: 09828267,21 Qty: 4 L,ot: 0982826E23 Qty: 2 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 2.31 2.30 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 10.00 10.00 subtotal 41.10 TOTAL CYLIN ER S SHIPPED: 6 RETURNE 6 Pay your bills by redit 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 SERVICE CHARGE OF SILOD OR A FIN ANCE CHARGE OF 1.5% PER MONTH 1B% ANNUAL RATE) OF THE OUTSTANDING BALANCE, W HICHEVER IS GREATER. 53. 60 I 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 D €SCLAIMED 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 visiting, 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 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 place, within the county, as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of such leasing. In the event of the insolvency or bankruptcy of the Customer, or in the event the Customer violates any of the terms hereof, or fails to return the cylinders and /or equipment or in the event the cylinders and /or equipment are levied upon by any legal process. such lease shall, without notice, immediately terminate and all rights of the Customer to possession of the cylinders and /or equipment shall immediately terminate. Seller may repossess the same or any part thereof with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's properly 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 Seiler, 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 cr 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 agre 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 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 imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT In compliance with the Federal Truth -In Lending Act, if applicable, Buyer may be charged any amount approved by Seller's credit department, subject to the following conditions. NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18%) OR A MINIMUM OF $1.00 ON THE BALANCE DUE. I N V O I C E ACCOUNT 9 1Nk+Q1Ef NUMBER 09/24/08 LM594 30919317 To Place Orders call Sales Dept at: 317 481 -4550 *PAYMENT DUE BY: 10/04/2008 R E 982- PRAXAIR DISTRIBUTION INC 14 136- 213:18650 T DEPT CH 10660 PALATINE IL 60055 -0660 (800) 266 -4369 B CITY OF CARMEL FIRE D *MS* 5 CITY OF CARMEL FIRE D *MS* AP STATION 41 2 CIVIC SQUARE P 2 CIVIC SQUARE CARMEL IN 46032 o CARMEL IN 46032 PO R F7�M ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE 06314 -00 9/22 982 704 948 OUR TRUCK JAF NET 10 1 0UA T17 UANTIFY- CWLIiVDERS 1FEh1 IIE$ c`a:t PTiQN 11Ni�', :'�3N1T Vk?kGU, :p. ��..tN�. ITEM _!NUMBER SMZRPE B/s i ;Rena PICK UP CYLINDER TAGGED FOR PICK UP LOCATION: 982 OX M -AD 4 0 OXYGEN USP AD PL 4.80 19.20 VOL: 56 Lot: 0982826E23 Qty: 4 OX M -M 1 0 OXYGEN USP M CL 17.17 17.17 VOL: 124 Lot: 0982825 04 Qty: 1 ZZZPICKUPCYLS 1 0 PICKUP CYLINDERS FROM CUS L .00 .00 VOL: 0 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 2.91 2.91 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 10.00 10.00 OX M -S C 0 OXYGEN USP S CL 38.18 .00 VOL: 0 Suh of 1 49.28 ,TO TAL CY IN ERS SHIPPED: 5 RETURNED: 6 Pay your bills by credit card! Del Ch arge 12.50 Call 1 to start. Tax .00 ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE TAXABLE AMOUNT nI V CHARGE OF SI.DD OR A FINANCE CHARGE OF 1,5% PER MONTH (IR/ ANNUAL. RATE) OF THE 00 ./!'.71A��1�7Y 61 OUTSTANDING BALANCE. WHICHEVER IS GREATER. TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES- DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY 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 titte 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 RESTRICTYONS: 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 place, within the county, as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of such leasing. In the event of the insolvency or bankruptcy of the Customer, or in the event the Customer violates any of the terms hereof, or fails to return the cylinders and/or equipment or in the event the cylinders and /or equipment are levied upon by any legal process, such lease shall, without notice, immediately terminate and all rights of the Customer to possession of the cylinders and/or equipment shall immediately terminate. Seller may repossess the same or any part thereof with or without notice and with or without legal process, and Seller and Its agents are hereby authorized to go upon Customer's property and remove impediments and may use 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 fear expected) until thoy 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 fee paid to or imposed by any governmental authority, and all of the charges are retained by Seiler. DISCLOSURE STATEMENT In compliance with the Federal Truth -tn Lending Act, if applicable, Buyer may be charged any amount approved by Seller's credit department, subject to the following conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS, ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18%) OR A MINIMUM OF $1.00 ON THE BALANCE DUE. D Uo INVOICE EIAT£ ::AL DiI[V'Fi: IAfaf.OftcP7U.MBER. 09/24/08 LM595 30919318 To Place Orders call Sales Dept. at: (317) 481 -4550 *PAYMENT DUE BY: 10/04/2008 R E 982- PRAXAIR DISTRIBUTION INC 14 1 36 313:186e1 T DEPT CH 10660 PALATINE IL 60055 -0660 (800) 266 -4369 B CITY OF CARMEL FIRE D *MS* s CITY OF CARMEL FIRE D *MS* L AP STATION 44 0 2 CIVIC SQUARE P 5032 E MAIN STREET CARMEL IN 46032 o CARMEL IN 46032 PO R ORDEfl p ORDER DATE BRANCH SLS TERft SHIP VIA TEAMS PAGE 7606970 -00 9/22 982 704 948 OUR TRUCK JAF NET 10 1 D.UANTtT uANTITY :CMlINOEA$ ITEM :;NUMBER t'EM E$I IRi Tf4N llNIY :liN1T PRtC AN10111UT SNIPPED SLO SH{PPED ;RET'D LOCATION: 982 OX M -AD 4 0 OXYGEN USP AD CL 4.80 19.20 VOL: 56 Lot: C982826-2 Qty: 4 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 1.54 1.54 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 10.00 10.00 Subtotal 30.74 70 TAL CYLINDERS SHIPPED: 4 RETURNED: 5 Pay your bills by cre d car Del ar e 12.50 Call 1-800-266-4369 to start. Ta .00 TAXABLE AMOUNT ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE E I CHARGE OF $1.00 OR A FINANCE CHARGE OF 15% 43.24 PER MONTH ne ANNUAL RATE) OF THE 00 A'71'11�[ 11�I!T OUTSTANDING BALANCE, WHICHEVER IS GREATER. 1"U YE 111 V T 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 Seiler, its officers, agents, and employees from any and all damages and/or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty, strict liability or 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 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 terns hereof, or iails to return the cylinders and/or equipment or in the event the cylinders and /or equipment are levied upon by any legal process, such lease shall, without notice, immediately terminate and all rights of the Customer to possession of the cylinders and /or equipment shall immediately terminate. Seller may repossess the same or any part thereof with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and /or egOp"menl, 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 altorrev 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 Seiler. 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 fee paid to or imposed by any governmental authority, 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 $1.00 ON THE 13ALANCF DUE. INVOICE 09/10/08 LM593 30748547 To Place Orders call Sales Dept. at: 317 481 4550 *PAYMENT DUE BY: 09/20/2008 R E 982- PRAXAIR DISTRIBUTION INC 13868-1/118239 T DEPT CH 10660 PALATINE IL 60055 0660 CITY OF CARMEL FIRE D *MS* (800) 266 -4369 AP 2 CIVIC SQUARE S CITY OF CARMEL FIRE DAMS* L CARMEL IN 46032 -7543 P STATION 45 T j k 10701 N COLLEGE AVENUE INDIANAPOLIS IN 46208 PO p ORDER N ORDER DATE BRANCH SLS TERR SHIP VIA TEAMS PAGE 7446519 -00 9/08 982 704 948 OUR TRUCK JHP NET 10 1 IiEM._NUMBEa GonNrR tBNrITV iFM #Yp$G121F:tiDtt #�HtT L3NtT PRr AEIAOEI�V2 s nPnEO ato SN RPED REro LOCATION: 982 OX M -AD 7 0 OXYGEN USP AB L 4.80 33.60 VOL: 98 Lot: 0982825222 Qty: 7 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 2.69 2.69 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 10.00 10.00 Subt otal 46.29 TOTAL CYLINDERS SHIPPED: 7 RETURNED: 8 Pay your bills by I reditcard! Del Char e 12.50 Call 1- 800 266 -436 to sta T x .00 TAXABLE AMOUNT ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE r CHARGE OF $1,00 OR A FINANCE CHARGE OF 1,5% PER MONTH (18' ANNUAL RATE) OF THE OUTSTANDING BALANCE, WHICHEVER IS GREATER. 00 p'.pA�t r1�TT 58.79 /"!IrVr V'�} r TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES DISCLAIMER: Seller warrants all cylinders, equipment. product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY 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 al! 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 shalt make ail 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 set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. 11 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 Sucl leasing. In the event of the Insolvency or bankruptcy of the Customer, or in the event the Customer violates any of the terms hereof, or fails to return the cylinders andror equipment or in the event the cylinders and/or equipmen! are levied upon by any lega; process, such lease shall, withouJ notice. immediately terminate and all rights of the Customer to possession of the cylinders and /or equipment shall immediately terminate. Seller may repossess the same or any part fhereef 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 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 Seiler on demand; be responsible for any loss of, or damage to rented Winders 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 attornev'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. maurtenance. loss of or damage to them (normal we�.r and tear expected) anti/ they are returned to Seller PLEASE NOTE YOUR PAYMENT OF THIS INVOICE 1S YOUR ACKNOWI- FDGMEN i THAT l HE. CYLINUL P. RLr, I AL 1 3ALANCE CF OUH CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE C', OSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE. CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials; charges for handling, delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT In compliance with the Federal Truth -In Lending Act, if apolicable. Buyer may be charged any amount approved by Seller's credit department. subject to the follovorg 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 $1.00 ON THE BALANCE DUE. INVOICE oAT£ 1r �N4f�EGE 09/10/08 LM594 30748548 To Place Orders call Sales Dept. at: (317) 481 4550 *PAYMENT DUE BY: 09/20/2008 R E 982 PRAXAIR DISTRIBUTION INC 13868-2/118240 T DEPT CH 10660 PALATINE IL 60055 -0660 (800) 266 -4369 6 CITY OF CARMEL FIRE D *MS* S CITY OF CARMEL FIRE D *MS* L AP STATION 41 2 CIVIC SQUARE P 2 CIVIC SQUARE CARMEL IN 46032 T CARMEL IN 46032 PO A OROEfl N ORDER OA TE HRA NCH BLS TERR SHIP VIA TERMS PAGE 7446545-0009/08 982 704 948 OUR TRUCK JHP NET 10 1 Ff.IN QERS ITEM. AMBER sHrn etv TAM i3�$Cl21E?TiON #7Nt7 :L3NET PRtCi JIVT <'SNWPeO. ReT'U LOCATION: 982 OX M -AD S 0 OXYGEN USP AD L 4.80 43.20 10 VOL: 126 Lot: .0982825222 Qty: 6 Lot: 0982822 23 Qty: 1 Lot: 0982822 24 Qty: 2 ZZZHM 0 HAZARDOUS MATERIAL CHARGEEA 5.50 5.50 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 10.00 10.00 OX M -D 1 0 OXYGEN USP D CL 26.04 26.04 VOL: 14 Lot: 0982825 02 Qty: 1 OX M -D 0 0 OXYGEN USP D CL 26.04 .00 VOL: 0 Su of l 84.74 TOTAL CYLINDERS SHIPPED: 10 RETURNE 11 Pay your bills by red't c rd! Del Char e 12.50 Call 1- 800 -266 -436 to sta T x .00 TAXABLE AMOUNT ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE �I'11 tlOLVC CAA GE OF 51.00 OR A FINANCE CHARGE OF 1,5% PER MONTH (le% ANNUAL RATE) OF THE .00 AM00N`C- 97.24 OUTSTANDING BALANCE, WHICHEVER IS GREATER. TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES-DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY 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 ofticers, 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 arid Customer sha,l 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 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 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 'he t,me of such leasing. Ir t' event a` the hca! or bankruptcy of the Customer or in the event the Customer violates any of the terms hereof, or fails to return ine cylinders and/or equ,pme ur u, the c silt the cylinders anct:or r;grnpmw,l are ievied upon oy any Iegai process, sr,ch loose shall, wi!ha:t notice imrned�.atc'y terminate and all rights of the Customer to Possession of the cylinders and/or equipment shall immediately terrrmate. Seller may repossess the same or any part ti,ereof 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 premises 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 Selier at the current rate of charges for such loss or damage; indemnify Seller against ail 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. ma nfenance. lose of or damarlp to them ;r,nrm� {I gear and tear expect -d) until they are returned to Seller. PLEASE NOTE, YOUR PAYMENT OF THIS INVOICF IS YOUR ACKNOWLLDGN1L N i F', I THL Gy, i'.GLt'. RENTAI PA�tr'�.CL Oi OU;i GV'.INDERS IN YOU,', HANDS ;;HOVNP.' ON 'HIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON iHE DA', E SHOWN ON TINS INVOICE. CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts In the ordinary course of business, that it can pay its debts as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and Costs of suit. CLAIMS: All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials; charges for handling, delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT In compliance with the Federal Truth -fr. Lending Act, if appllcabie, Buyer may be charged any amount approved by Sellers credit Jepaitrnent, sub ecl to the following conditions. NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5 PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALA; ICs DUE. `D 4 CJU INVOICE MgB�r;:; 09/10/08 LM595 30748549 To Place Orders call Sales Dept. at: (317) 481 -4550 *PAYMENT DUE BY: 09/20/2008 fl E 982 PRAXAIR DISTRIBUTION INC 13868 3/3:11241 T DEPT CH 10660 T -PALATINE IL 60055 -0660 (800) 266 -4369 B CITY OF CARMEL FIRE D *MS* s CITY OF CARMEL FIRE D *MS* L AP STATION 44 2 CIVIC SQUARE P 5032 E MAIN STREET CARMEL IN 46032 o CARMEL IN 46032 PO N ORDER K ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE 7446399 -00 9/08 982 704 948 OUR TRUCK JHP NET 10 1 CYE l f46£3i5 �Y#h,_y1�fyfE DaANTR mnTV. #F�A1 t3p$IpT #O[� (}Nt7 ;{1r11T ARk A�� sH PeEa stD D ;REra LOCATION: 982 OX M -AD I 0 OXYGEN USP AD L 4.80 4.80 11 VOL: 14 Lot: 0982825222 Qty' 1 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 3.15 3.15 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 10.00 10.00 OX M -D 1 0 OXYGEN USP D CL 26.04 26.04 VOL: 14 Lot: 0982825302 Qty: 1 OX M -D 0 0 OXYGEN USP D CL 26.04 .00 VOL: 0 Suttotal 43.99 TOTAL CYLINDERS SHIPPED: 2 RETURNEE: 12 Pay your bills by credit card! Del Ch arae 12.50 Call 1 to start. T x .00 ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE TAXABLE AMOUNT CHARGE OF $1.00 OR A FINANCE CHARGE OF 1,5 1 1111 MONTH (IB'!. ANNUAL RATE) OF THE 00 ,,,.,p�jQ� 56.49 OUTSTANDING BALANCE, WHICHEVER IS GREATER. TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WAR RANTIES- DISCLAIM ER: 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 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 rot 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 liahility and fire insurance and such other insurance as Seller may request at the time of such leasing. In the event of tl e 'nsolvenry or bankruptcy of the Customer, or in the event the Customer violates any of the terms hereof, or fails to return the cylinders andlor equipment or in the event the cylinders and.'or equipment are levied upon by any legal process, such lease shall, without notice, immed terminate and all rights of the Customer to possession of the cylinders and /or equipment shall immediately terminate. Seller may repossess the same or any part thereof with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's fees and court costs. NOTICE OF NON WAIVER: The failure by the Seller, at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants. conditions and /or terms hereof. Notice of demand for strict compliance 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. Icy nr o damage to Them (normal weir and tear expected) until they are returned to Seller, PI -EASE MOTE: YOUR PAYMENT OF THIS INVOICE IS 'f OUR ACKNOWLEuGMFrJT THAT TriE CYLINDER RENTAL BALANCE OF OJR CYL INDFRS IN YOUR HANDS SFJOJVN ON THIS INVOICE IS CO+RRFCT AT THr- C'.OSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE. CUSTO BIER'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: AEI claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and regulations Concerning hazardous materials; charges for handling, delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT In compliance with the Federal Truth -In Lending Act, if apolicable, Buyer may be charged any amount approved by Sellers credit department subject to the fe,lowing 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. CYLINDER DEMURRAGE f RENTAL INVOICE 30883994 To Place Orders call Sales 982-PRAXATR DISTRIBUTION INC 1 Dept. at: (317) 481-4550 DEPT CH 10660 INVOICE:m:DATE.' PALATINE IL 60055-0660 800-266-4369 09/20/08 3 6 4 2 1 1 1:36 9 BRN: 982 :7: 77ACCOUNT: CITY OF CARMEL FIRE *MMS* LM332 2 CIVIC SQUARE CARMEL IN 46032-7543 CITY OF CARMEL FIRE *MMS* 2 CIVIC SQUARE L I L I T I I I I I I I I I I I II II I {I II I I II III I ll l i 11 k II T CARMEL IN 46032 COMMENTS: PO N C TERR PAYMENT DUE BY: 10/20/08 9 48 :wOUNTL TEM, I NIWADEA :].NpfA ER 1 B4�ANCE SHIRRr�?)]: :AUPAN5 SE 0: 1 BALANCE �A_ R R 410 Med high pres 50cf 2 0 0 2 0 PAY 62 -374 1 23.19 R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 2.50 2.50 TAX: .00 TOTAL VALUE OF LINDERS PLEASE NOTE: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE ABOVE 12 C) 0 0 BALANCE OF OUR CYLINDERS IN YOUR HANDS IS CORRECT AT THE CLOS ..TOTAL 25.69 BUSINESS ON THE DATE SHOWN ON THIS INVOIC17 I 1. 1. 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, index lfy 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 liabdrtv 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 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 ,he 'vii suCi i't' 11 th< ,ve c hn­kruptcy of the; C,js`orter, or in the event the Customer violates any of the terms hereof, or falls to return the cylinders ar np ^t u� ri I:.r• rvFnt th' cylvu3ec; azd;nr equipment are ;evled upon by any legal process. such lease shall, without nonce. rmmed,atew terminate and all rights of tha Cus.umer to possesslor of the cylinders and /or equipment shall immediately terminate. Seller may repossess the same or any part thereur 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 ana 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 Seiler, 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 the contents of the cylinders; reimburse Seller for any reasonable cost and/or attorney's fees -i�u! by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, �!ameg( n th r- mr and fear expected) until they are rett.med to Seller. PLEASE NOTE YOI_JR PAYMENT OF THIS INVOICE IS `A: N At A'" Ci 0 OJT= i, I :t ;1i Yll,lq �+A ?J0.`.' SHGVJ`d O'1 TI -IS I'VVOICE IS CORRECT AT THE (.LOSE JF EUS S ON it IC )A. I_ SIIIAN!j GN TI,�3 INl,(a'.L CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for Compliance with laws and regulations concerning hazardous materials; charges for handling, delivery and shipping; and/or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT In compliance with the Federal Truth -In Lending Act, if applicable. Buyer may be charged any amount approved by Seller's credit department, subject to the following conditions NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. CYLINDER Nt3Mf3ER W DEMURRAGE RENTAL INVOICE 30883997 P.... N R... To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: (317) 481 -4550 DEPT CH 10660 INVOICE DAFE:I PALATINE IL 60055 -0660 800- 266 -4369 09/20/08 578 92 1!3:71089 BRN 9$2 CITY OF CARMEL FIRE D *MS* LM593 AP 2 CIVIC SQUARE CITY OF CARMEL FIRE D *MS* e a CARMEL IN 46032 -7543 STATION 45 1 10701 N COLLEGE AVENUE T INDIANAPOLIS IN 46032 I1 II1�1IInIlIUDIIuIIIIIuIkllllulnlnlllllDnllll ,l „I� T O O COMMENTS. PB N HL TM a PAYMENT DUE BY: 10/20/08 1 1 948 ORDER::# 'INVD3GE clumIC 11LI1 FRS &6NPERS EnmiNp CYLINDERS RBNT- ;CYLINF]ERI.: TEA .nuiaB£R SHtP DATE RAFFf; AanOUNr S N1U>NBE HIPa.,ED REtugNED. BALANCE ;LEASEq TYP6i CIAYS Customer Owned Leases 15 R 410 Med high pres 50cf 44 13 16 41 15 AY 838 .115 96.37 R 430 Med high prey 50cf 1 1 1 1 0 DAY 32 .109 3.49 R NZ SAFETY FNVIRONMENT 0 0 0 0 0 0 9.00 8.00 TAX: .00 TOTAL VALUE OF CYLINDERS PLEASE 2690.00 BALANCE OF OUR CYLINDERS YOUR WANDS S NOT PAYMENT T H I S CORRECT AT THE CLOSE OF 107.$6 BUSINESS ON THE DATE SHn N DN THIS INVDICF. TOTAL. _b 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 HERESY 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 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 fill. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and/or equipment Customer shall defend, indemnify and hold harmless Seiler, its officers, agents. and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as goad 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, stric, 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 Seiler, 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 e ,m.r e,:.r in t: ­w r I I•, cr t.ark!optcy of the Custerner, or in the event the Customer violates any of the terms hereot. or fails to return t :�c ;ylc c.rs ar•d,or _au„ e t r 1 -event :r,,2 ryl ae rnd.'or equipment are levied upon by any lepai process, such lease Shall, without notice immediately terminate and all rights of the Cu to possession of the cylinders and/or equipment shall immediately terminate. Seller may repossess the same or any par', the with or without notice and with of 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 i5 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 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 convents of the cylinders; reimburse Seller for any reasonable cost and /or attorney's fees incurreo by Seder in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care. °r; 'n:� 7arac trem �nr•mt .-onr n^r ten ext ccted) until ti,e are returned to Seller Pl_EHSF NOTF YOUR PAYMFNT OF THIS INVOICE IS I IAT r I; :1 .,1d 0i ').jP ,v' NI %Lr's5 it: HAN?S `440VV ON Tr,IS INVOICE ;S CORRECT AT TNF :Ceti OF BUSINi -�S ON T: IF vA I F :iliUJ'iN UI„ TI- 16 "JV0UE 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 train the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials; charges for handling, delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT in compliance with the Federal Truth -in Lending Act, it applicable, Buyer may be charged any amount approved by Seller's credit department, subject to the following conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS, ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. CYLINDER INVOICE NUMBER DEMURRAGE RENTAL INVOICE 30883998 To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: 317) 481 -4550 DEPT CH 10660 1NVOicE DATE PALATINE IL 60055 -0660 800- 266 -4369 09/20/08 57892- 2/3:75090 BRN: 982 AGC4UNT 8 -'�:f LM594 CITY OF CARMEL FIRE D *MS* CITY OF CARMEL FIRE D *MS* AP STATION 41 L 2 CIVIC SQUARE P 2 CIVIC SQUARE T CARMEL IN 46032 T CARMEL IN 46032 a o L.MMENTS' PO p HL TLRR I PAYMENT DUE BY: 10/20/08 948 17EM .NllRtBEf� OR�ER::lF INVOICE- -�$HiP IIdTE REGIriHf "s CvLINOfR5 LYi1NDER5 ENOtNG CYLq.OFRS RENT CYIlNQ &Fi7 F2ATE> AM4lp'IT::: .NUMBF R.. ..v, BRLANC£ SHIP. PIED �RE?�ar3Eb. BAI:RNC� .LEASE© 'TYPE is RAYS Customer Owned Leases 15 �J R 410 Med high pres 50cf 15 26 29 12 15 AY 0 .115 .00 R 430 Med high pres 50cf 5 1 2 4 0 AY 131 .109 14.28 c'z 2.1Z SAFETY ENVIRONMENT 0 0 D D 0 0 2 .50 2.517 TAX: .00 TOTAL VALUE OF CYLINDERS PLEASE NOTE: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE ABOVE 1640 .00 BALANCE OF OUR CYLINDERS IN YOUR HANDS IS CORRECT AT THE CLOSE OF TOTAL...... 16.78 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, 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. LIAWLITY: 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 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 place, within 'ire 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 ,iie time of s,,ch leas ng Ir t­e went of the inSc vercy ur bankruptcy of the Customer. or In the event the Customer violates any of the terms hereof. or falls to return She cylinders and %cr equlpmert or in the event the cylinders and/or equipment are levied upon by any legal process, such leaso shall, without novice, immediately terminate and all rights of the Customer to possession of the cylinders and /or equipment shall immediately terminate. Seller may repossess the same or any part thereof with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the 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 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 an 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 foss 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 reasonabte cost and /of 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, rrre nienercr icss Cf Cr oa�rage them (normal wear and tear expected) unto' they are returned to Seller PLEASE NOTE YOUR PAYMENT OF PHIS INVOICE IS `'Dili A(> K %LE f 1' "HA' 1 H =l CYI 1`.1'.JE �ENTAI BALAN O Ci; N: )Fl ;f XOl ]P HAN SHOWN 2N TNIS INVOICE IS ('0PRECT AT THE CLOSE OF E3USINESS CAN Ti-iL Dr1TE SHOW;: ON Tr,IS I,VO'CE CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary Course of business, that it can pay its debts as they become due and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials; charges for handling, delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority, and ail of the charges are retained by Seller. DISCLOSURE STATEMENT In compliance with the Federal Truth -In Lending Act, it 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 7.6 PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. 0 0 o CYLINDER INVOICE JUM$.ER DEMURRAGE RENTAL INVOICE 30883999 SER. IP.AGE NUM8E7R. To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: 317) 481 -4550 DEPT CH 10660 fNVOfCF DATE,i; PALATINE IL 60055 -0660 800 266 4369 09/20/08 57692 3/3;71091 BRN: 982 LM595 CITY OF CARMEL FIRE D *MS* CITY OF CARMEL FIRE D *MS* AP STATION 44 2 CIVIC SQUARE P 5032 E MAIN STREET T CARMEL IN 46032 T CARMEL IN 46032 D o COMMENTS: PD M HC TERR C PAYMENT DUE BY: 10/20/08 948 ITEM NUMBBR ORDER..; It kMUQIGE ',$}{kP DATEa�cwrziNC crLirweRS ev�fNDSas ETmmD mc)HCxs R €MT I:CYG7N0 &Ri RATE'- `AM611N3. BACANG£ SHIPPED Nvuwso BAliANCE .6EA5 €Q TYPE:, GAYS Customer Owned Leases 15 R 410 Med high pres 50cf 16 10 12 14 15 AY J 121 .115 13.92 R 411 Med HiPr <50CF W /XRS 1 0 0 1 0 AY 31 .362 11.22 R 430 X,ed high pres 50cf 2 0 0 1 2 1 CO) AY 62 .109 6.76 R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 3.19 3.19 TAX: .00 TOTAL VALUE OF CY"DENS PLEASE NOTE: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE A60VE 1450 .00 BALANCE OF OUR CYLINDERS IN YOUR HANDS IS CORRECT AT THE CLOSE OF TQTAL 35.09 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. WARRANTfES- 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 famish 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 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 Me 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 P rounry as the Seher shall des gnate Cust shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at n' h SFr "f v 1) 1 upicy of the Cu= lime/'. or in the event the Customer violates any of the terms hereof, or fails to return tr1c /'•'orders ac_ C' Cao!l t u �i 1 r, r I; e cyhncprs and/or cqu pment are levied upon by any !egai process. such lease shat, without oircc :mmediate'I terminate and all rignts o; t C,stc nor to possession of the cylinders and/or equipment shall�mmedfately 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 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 cylinuers or equipment and to reirrrburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss axis +ng out of injuries to persons.. or damage to property connected widh 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 c curred by Seale in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, n tc ^a ^ce 'osS el n rgir, lr' r. *hem 'ao aear and taar e :'ecten) until they a•e returned to Se'!er. PI.FvSE NOTE YOUR PAYMENT OF THIS INVOICE IS T1 j(: I h Tr l+ )l "c,c, 1N vC Jo ,,I nDS r! !IS INVOICE IS COHHECT AT THE L,. _t P,151NLn_' 0, ;W C I` CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including! charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials; charges for handling, delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT In compliance with the Federa! 1 ruth -In Lending Act, if applicable, Buyer may be charged any amount approved by Seller's credit department, subject to the following conditions NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. VOU NO. WARRA NO. 982- Praxair Distribution, Inc. ALLOWED 20 IN SUM OF Dept Ch 10660 Palatine, IL 60055 0660 $556.59 ON ACCOUNT OF APPROPRIATION FOR Carmel Fire Department PO# Dept. INVOICE NO. ACCT /•TITLE AMOUNT Board Members 1120 42- 311.00 $556.59 1 hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except nrT n 2oos .s Title Cost distribution ledger classification if claim paid motor vehicle highway fund Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) Oxygen $556 -59 1 hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6 20 Clerk- Treasurer