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HomeMy WebLinkAbout165629 11/12/2008 CITY OF CARMEL, INDIANA VENDOR: 360202 Page 1 of 1 ONE CIVIC SQUARE 982 PRAXAIR DISTRIBUTION INC y� CARMEL, INDIANA 46032 DEPT CH 10660 CHECK AMOUNT: $508.71 PALATINE IL 60055 -0660 CHECK NUMBER: 165629 CHECK DATE: 1111212008 DEPARTMENT ACCOUNT PO NUMB INVOIC NUM BER AMOUNT DE SCRIPTI ON 1120 4231100 31047726 83.77 BOTTLED GAS 1120 4231100 31047727 43.05 BOTTLED GAS 1120 4237000 31047728 58.,60 REPAIR PARTS 1120 4231100- 31190120 24.94 BOTTLED GAS 1120 4231100 31190123 102.50 BOTTLED GAS 1120 4231100 31190124 15.69 BOTTLED GAS 1120 4231100 31190125 19.90 BOTTLED GAS 1120 4231100 31217684 43.05 BOTTLED GAS 1120 4231100 31217685 79.34 BOTTLED GAS 1120 4231100 31217686 37.87 BOTTLED GAS CYLINDER DEMURRAGE i RENTAL INVOICE 31190120_ NUMBER: To Place orders call Sales 982-PRAXAIR DISTRIBUTION INC 1 Dept. at; (317) 481-4550 DEPT CH 10660 PALATINE IL 60055-0660 800-266-4369 10/20/08 35 1/1:35315 BRN: 982 CITY OF CARMEL FIRE *MMS* LM332 2 CIVIC SQUARE CARMEL IN 46032-7543 CITY OF CARMEL FIRE *MMS* 2 CIVIC SQUARE T CARMEL IN 46032 COMMENTS' PO I HC TE.R PAYMENT DUE BY: 11/19/08 948 N 6�'GW�Mt RENT.. yL.jN0ERj: NUMBER 13ALANCE 'SHIP:PED RE4uapso [3AI.Afqc>: t FA -TYPE. R 410 Med high pres 50cf 2 0 0 2 0 DAY 60 .374 22.44 R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 2.50 2.50 TAX: .00 F7or vAWEofCvLIIIDERS L�- PLEASE NOTE: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE ABOVE 1 0 BALANCE OF OUR CYLINDER INS AT TIM-11 OF 24.94 BLJSINFLr,-r, r]N THE r)ATF TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents, and employees from any and all damages and /or liability 10 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 foss of the cylinders andior 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 Seiler a complete report in writing, with names and addresses of witnesses and parties involved and Customer shalt 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 falls 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 andior equipment shall immediately terminate. Seller may repossess the same or an4 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 andior terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, Conditions and /or terms herec'. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand, be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE. CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: All claims for defective material shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and 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 condifions. 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 °a PER MONTH (ANNUAL PERCENTAGE RATE OF 18%) OR A MINIMUM OF ,1.00 ON THE BALANCE DUE. i a CYLINDER NwQ ICE NUMSERz. DEMURRAGE RENTAL INVOICE 31190123_ To Place Orders call Sales 982-PRAXAIR DISTRIBUTION INC 1 Dept. at: (317) 481-4550 DEPT CH 10660 PALATINE IL 60055-0660 800-266-4369 10/20/08 586 2 3 113:73 365 BRN: 982 CITY OF CARMEL FIRE D*MS* LM593 AP 7 2 CIVIC SQUARE CITY OF CARMEL FIRE D*MS* CARMEL IN 46032-7543 STATION 45 10701 N COLLEGE AVENUE T pill If 111111 11 If 11 11 11 11 11 INDIANAPOLIS IN 46032 0 0 PO PAYMENT DUE BY: 11/19/08 1948 :BALANCE LEASE13 DAYS AMOLIN.T.:: is ff Customer Owned Leases 15 R 410 Med high pres 50cf 41 13 13 41 15 DAY 780 .115 89.70 R 430 Med high Ares 50cf 1 1 0 2 0 DAY 44 .109 4.80 R Mz SAFETY ENVIRONMENT 0 0 0 0 0 1 0 8.00 3.00 TAX: .00 TOTAL VALUE OF CYIWOal PLEASE NOTE: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE ABOVE I.: 2920-011 BALA C� 102.50 IS CORRECT AT THE CLOSE OF TOTAL'�.l TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment. product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused. by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents, and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and/or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved arid 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 tights or the Customer to possession of the cylinders and/or equipment shall immediately termmate. Seller may repossess the same or any part thereat with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and/or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's fees and court costs. NOTICE OF NON- WAIVER: The failure by the Seller, at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand: be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE, CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they became 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 egulat,ons 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. DISCLOSIJRF STATEMENT In cornpl ante vrrtn b•e Fedprai Truth-!n Lending Act, if applicable, Buyer may be charged any amount approved by Seller's credit department, subject to the following conddons: 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 i,) OR A MINIMUM OF S1 00 ON THE BALANCE DUE, CYLINDER NVO1F Nu> BeR DEMURRAGE RENTAL INVOICE 31190124 i'RGE l3UMBER::: To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: 317) 481 -4550 DEPT CH 10660 tryuoicE narE;: PALATINE IL 60055 -0660 800- 266- -4369 10/20/08 58 8 2 3 213:73366 BRN: 982 LM594 CITY OF CARMEL FIRE D *MS* CITY OF CARMEL FIRE D *MS* a AP STATION 41 2 CIVIC SQUARE Q 2 CIVIC SQUARE T CARMEL IN 46032 T CARMEL IN 46032 o O COMMENTS: PO q HL TERR b PAYMENT DUE BY: 11/19/08 948 ITEM r nfBfk oaaeR:# :3NVgtCE SHtP DAE eE�!ixiNC cvueweas cMiNgeas eNUivs cvCino¢aS RENT >CYLAUFzRl RATE:- 1�Mts7NTi NUMBER BALANCE: SH(R ,RE ?umm; BALANCE. 7YPE DAMS Fz Customer Owned Leases 15 R 410 Med high pres 50cf 12 7 8 11 15 AY 0 .115 .00 R 430 Med high pres 50cf 4 1 1 4 0 AY 121 .109 13.19 R NZ SAFETY ENVIRONMENT 0 0 0 0 0 0 2.50 2.50 TAX: .00 TOTAL VALUE OF CYI.INOERS �r AI\I i.,��� PLEASE NOTE: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE ABOVE 158 O 0.00 BALANCE OF OUR CYLINDERS IN YOUR HANDS IS CORRECT AT THE CLOSE 0 F TUT�;L 15.69 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 Seiler, 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 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 lime by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within the county, as the Seller 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 ;nay 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 Seiler on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seiler for any reasonable cost and /or attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance, lass of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE 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 cyyio�ia,w wrth c Fe(!Wa! TruRI -In Lend ng Act, if applicable, Buyer may be charged any amount approved by Seller's credit department, subject to the following cond ^s. NO LAT`c (1 IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVO UNPAID 30 DAYS FROM DELIVFRY ARE SUBJECT TO A LATE CHARGE OF 1.5 6 PER IACPiTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF 51.00 ON THE BALANCE DUE. !f R Q a LiS CYLINDER INV010E NUMBER: DEMURRAGE RENTAL INVOICE 31190125 PP.G'•E: NUMgER:<!: d To Place Orders call Sales 982- PRAXAIR DISTRIBUTION INC 1 Dept. at: 317) 481 -4550 DEPT CH 10660 ENVOicE parE' PALATINE IL 60055 -0660 800 266 -4369 10/20/08 58823- 3/3:73367 BRN: 982AC'COUNT 6 LM595 CITY OF CARMEL FIRE D *MS* CITY OF CARMEL FIRE D *MS* a AP H STATION 44 2 CIVIC SQUARE P 5032 E MAIN STREET T CARMEL IN 46032 CARMEL IN 46032 o 0 COMMENTS: PD N HC TERN P PAYMENT DUE BY: 11/19/08 948 IrEIvS IJUA4BER OF��ER:;# 4MVOtC6 ::$NtP DATE. geW iFii�irvc cvl�Ntl£a5 cvui[iERS ENtiinIG: cvLCWilfAS RENT �GY47NPERl: F?A7E:': AMdUN7 ;I Nl7MBER -Y> SALAAC E.SHfPPEO nETUgueo. BALANCE '_LEASED TYPE y:= PAWS Customer Owned Leases 15 R 410 Med high pres 50cf 14 10 10 14 15 DAY 0 .115 .00 R 411 Med HiPr <50CF W /XRS 1 0 0 1 0 DAY 30 .362 10.86 -8.430 Med high pres 50cf 2 0 0 2 0 PAY 60 1 .109 6.54 R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 2.50 2.50 TAX: .00 T11TA1 vauroFCVUr 7 PLEASE NOTE: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE ABOVE 1450 .00 BALANCE OF OUR CYLINDERS IN YOUR HANDS IS CORRECT AT THE CLOSE OF T�L ii 19.90 WIC -1—C ll rvl TUC MATC CLIl1\A /AI ft rvl TU— �i C TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES- DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents, and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty, strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which It was intended to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seiler. if the law requires the user to be licensed, Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and/or equipment for any cause, Customer, at its own expense, shall forthwith return the cylinders and/or equipment to Seller. Customer is not authorized, without prior written consent of Seller, to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within the county, as the Seller shall designate. Customer 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 it 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 thereet with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's fees and court costs. NOTICE OF NON WAIVER: The failure by the Seller, at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and/or attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE. YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE. CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: in the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: 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 w comonance with the Fndefal Truth -In Lending Act, rf aprJ hcanle. Buyer may be charged any amount approved by Seller's credit department, subject to the following conditions. NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5 PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF 51.00 ON THE BALANCE DUE. INVOICE 10/22/08 LM593 31217684 To Place Orders call Sales Dept. at: 317 481 -4550 *PAYMENT DUE BY: 11/01/2008 R E 982 PRAXAIR DISTRIBUTION INC T 1 164 1- 113:14 919 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 D *MS* CARMEL IN 46032 -7543 P STATION 45 10701 N COLLEGE AVENUE o INDIANAPOLIS IN 46208 p0 p F DE p ORDER LATE BRANCH 5L5 7ERR SHIP YIA TERMS PAGE 889194 -00 0/20 982 704 948 OUR TRUCK ARC NET 10 1 nvaNris. uAxrrry ITEM HUMBEEt i�EM g{AIPTi(��t UNk7 1th11T P ANIOf1T�E SHIPP6p_. &20 SNIPPED '�RMD:: LOCATION: 982 OX M -AD 3 0 OXYGEN USP AD CL 4.80 14.40 3 3 VOL: 42 Lot: 0982827 22 Qty: 1 Lot: 0982828 26 Qty: 2 ZZZHM 1 0 HAZARDOUS MATERIAL CHARG A 1.15 1.15 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 10.00 10.00 Subtotal 25.55 TOTAL CYLINDERS SHIPPED: 3 RETURNED: 3 Pay your bills by red't ca rd! Del ar e 17.50 Call 1- 800 266 -436 to start. T ax .00 TAXABLE AUNT ACCOUNTS PAST. DUE WILL BE CHARGE. A SERVICE Ik �0JiC CHARGE OF $1.00 OR A FINANCE CHARGE OF 1.51. PER MONTH (IB% ANNUAL RATE? OF THE 00/��'/f�� 43.05 OUTSTANDING BALANCE, WHICHEVER 15 GREATER. /"i1Yl l/�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 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 shalk 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. Seiler may terminate any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within the county, as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other Insurance as Seller may request at the time of such leasing. In the event of the irsolvency 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 equ pment or in the evert the cylinders and /or equipment are levied upon by any legal process, such lease shall, without notice, immediately torm,natr and a' r ;ghts 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 torte necessary to repossess said cylinders and/or equipment, and Customer hereby, for itself and its employees expressly waives all damages and clarms 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 cr equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seiler at the current rate of charges for such loss or damage; indemnify 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 fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT tr, r:omplia with de 'feral Truth in Lending Acl, apple 11 1 ,1,: Buyer may be charged any amount approved by Sel!c m s credit depa° eni, subject to the following cordlhone� 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 PLH MONTH (ANNUAL PERCENTAGE RATE OF 18%) OR A MINIMUM OF $1.00 ON THE BALANCE DUE. INVOICE Qa,� Q�T: 4aivolL 10/22/08 LM594 31217685 To Place Orders call Sales Dept. at: 317) 481 -4550 *PAYMENT DUE BY: 11/01/2008 R E M 982 PRAXAIR DISTRIBUTION INC 1 164 1 2/3:14920 T DEPT CH 10660 PALATINE IL 60055 -0660 (800) 266 -4369 B CITY OF CARMEL FIRE D *MS* s CITY OF CARMEL FIRE D *MS* E L AP I STATION 41 2 CIVIC SQUARE P 2 CIVIC SQUARE CARMEL IN 46032 a CARMEL IN 46032 PO p I ORDER p tlRDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE 7889184 -00 0/20 982 704 948 OUR TRUCK ARC NET 10 1 URNT4T.. CIgNT19Y :CVLIN O'6{;$; IY� N1JM$f ft, fF @M {3E51YIPTI�rt t]Nk7 17N1x ➢RtC 4fV]QEY .sHwAbw_: sEo aLUPPeD REr•o> LOCATION: 982 OX M -AD ic 0 OXYGEN USP AD L 4.80 48.00 10 12 VOL: 140 Lot: 0982828 26 Qty: 10 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 3.84 3.84 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 10.00 10.00 subtotal 61.84 TO TAL CYLINDERS SHIPPED: 10 RETURNED: 12 Pay your bills by credit ca rd! Del Ch 17.50 Call 1-800-266-4369 to start. Tax .00 TAXABLE AMOUNT ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE INV�]fG1_;, CHARGE OF $1.00 OR A FINANCE CHARGE OF 1.5% PER MONTH I18% ANNUM RATE) OF THE 00 A 1111 �t FLT 79.34 OUTSTANDING BALANCE, WHICHEVER IS GREATER. 11rVf V'q TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid In full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents, and employees from any and all damages and/or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by IaN. 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 Seiler 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 .he 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 ano 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 most accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING; Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons. or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE. CUSTOMER'S REPRESEN i ATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: Ali 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 imposecl oy any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT :rr; Truth In LenrPng Act, i" applicable, Buyer inay to charged any amount approved by Seller's credit department, subject to tine following cond non NO l Al FHAHGF 'F THE ACCOUNT IS PAID WITHIN 30 DAYS ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHAR3E. Uk 1 5',, PER MONTIi (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. I NV OICE £]ATE:::::e1CG DiJNC::,IPSfC]1t NF1M1lJE}E F1.: 10/22/08 LM595 1 31217686 To Place Orders call Sales Dept. at: (317) 481 -4550 *PAYMENT DUE BY: 11/01/2008 R E M 982- PRAXAIR DISTRIBUTION INC 1 164 1 313:14921 T DEPT CH 10660 PALATINE IL 60055 -0660 (800) 266 -4369 B CITY OF CARMEL FIRE D *MS* CITY OF CARMEL FIRE D *MS* AP STATION 44 T 2 CIVIC SQUARE P 5032 E MAIN STREET CARMEL IN 46032 o CARMEL IN 46032 PO p ORDER N ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE 7889190 -00 0/20 982 704 948 OUR TRUCK ARC NET 10 1 UAfiTiT L(gryTITY ,L`Vf.1NDE135 F$R}h11Mg# ft iFEM #3�$Ci71f?tib UNft ,I}N #F i'F4tCE SAIPPEG At6 APE RET9 LOCATION: 982 OX M -AD 2 0 OXYGEN USP AD CL 4.80 9.60 2 2 VOL: 28 Lot:. 0982825 26 Qty: 2 ZZZHM 0 HAZARDOUS MATERIAL CHARG A .77 .77 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 10.00 10.00 Subtotal 20.37 TOTAL CY IN ER SHIPPED: 2 RETURNED: 2 Pay your bills by credit card! Del Charge 17.50 Call 1-800-266-4369 to start. Tax .00 ACCOUNTS PAST DUE WILL SE CHARGED A SERVICE TA %ACLE AMOUNT yam GHAAGE OF $1,00 OR A FINANCE CHARGE OF 1.51. Fl4�f'�1. PER MONTH (18% ANNUAL RATE) OF THE OUTSTANDING BALANCE, WHICHEVER IS GREATER. 00 37.0p 7 TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice- WARRANTIES-DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event. title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents, and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are In the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition Subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and/or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seiler 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 fo;thwith 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 equi^:nent o• in the avert the cylinders and /or equipment are levied upon by any legal process, such lease shall, without notice, immediately/ fermma,e and all rights of the Customer to possession of the cylinders and /or equipment shall Immediately terminate. Seiler may repossess the same or any part thereof with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder. and for reasonable attorney's fees and court costs. NOTICE OF NOWWAIVER: The failure by the Seller, at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seiler in collecting payment due o! 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 Seiler 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 materiai. shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: fhe 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 regulat ons concerning hazardous materials; charges for handlinq, 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 ir, crnnpll �r.c v ✓Oh the Federal Truth -'n Lording Ac.i. if ai,pLnat.lc Buyer nay ho charged any amount approvad by Se!ler'S cred :t department, subjert to the following con4uons. NO LATE CHARGE it- THE ACCOUNT IS PAID WITHIN 30 DAYS, ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CtiARUL- 01 1.5', PER IviONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF 51,00 ON THE BALANCE DUE. INVOICE 10/08/08 LM593 31047726 To Place Orders call Sales Dept. at; 317 481 -4550 *PAYMENT DUE BY: 10/18/2008 R E M 982 PRAXAIR DISTRIBUTION INC 11509 1/3:1x716 T DEPT CH 10660 PALATINE IL 60055 -0660 CITY OF CARMEL FIRE D *MS* (800) 266 -4369 AP 2 CIVIC SQUARE 5 CITY OF CARMEL FIRE D *MS* CARMEL IN 46032 -7543 P STATION 45 10701 N COLLEGE AVENUE 0 INDIANAPOLIS IN 46208 p0 p ORDER p OROEP OA TE BRANCH SLS TERR SHIP V3A TER MB PACE 7751716 -0010/06 704 948 OUR TRUCK BNJ NET 10 1 7E#d'IiUMft VANS urwrnr;C s zP sa s10 1TA3 #3B3C`�IA #D #kNk1 #T PgkCE 4�� PPPD Rery LOCATION: 982 OX M -M 1 0 OXYGEN USP M L 17.17 17.17 VOL: 124 Lot: 0000000 000 000 00 -92 822502. Qty: l OX M -AD 7 0 OXYGEN USP AD CL 4.80 33.60 VOL: 98 Lot: 0000000 000 000000 00 82827522 Qty: 4 Lot: 0000000 000 000 00 00 82827323 Qty: 3 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 5.50 5.50 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 10.00 10.00 Subtotal 66.27 TOTAL CYLINDERS SHIPPED: 8 RETURNED: 7 Pay your bills by credit c rd! Del Ch r e 17.50 Call 1- 800 266 -436 to sta Tax .00 TAXABLE AMOUNT ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE 01C CHARGE OF $1.00 OR A FINANCE CHARGE OF 1.5% PER MONTH f18% ANNUAL RATE) OF THE '.A JE. jE��p1 83-77 OUTSTANDING BALANCE, WHICHEVER IS GREATER. 00 /iI�FI TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event. title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and/or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents, and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special. indirect, incidental or consequential damages, whether arising from negligence, warranty, strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above 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. Jr) 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 wit'nout 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 cyiinders 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 riot 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, includingi 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 °a) OR A MINIMUM OF 51.00 ON THE BALANCE DUE. 0 U INVOICE E: tlAT£,:: .ICC'tYN'f;: £NVtit'C tvt1MBE#fi 10 /08/08 LM594 31047727 To Place Orders call Sales Dept. at: 317 481 4550 *PAYMENT DUE BY: 10/18/2008 fl E M 982 PRAXAIR DISTRIBUTION INC T DEPT CH 10660 C iieos z19:ia>» T PALATINE IL 60055 -0660 (800) 266 -4369 B CITY OF CARMEL FIRE D *MS* B CITY OF CARMEL FIRE D *MS* L AP STATION 41 2 CIVIC SQUARE P 2 CIVIC SQUARE CARMEL IN 46032 o CARMEL IN 46032 PO FOE�4 ORDER DATE EIRANCH SLB TERR SNIP VIA TERMS PAGE 751765 -00 0/06 982 704 94$ OUR TRUCK BNJ NET 10 1 UANT LAHSI'CY.' T. Eti? �$CRIYTiD fY l)N�T PRIG O r AVED RETai LOCATION: 982 OX M -AD 3 0 OXYGEN USP AD CL 4.80 14.40 3 VOL: 42 Lot: o0000000000 000000 Qty: 2 Lot: 0000000 000 OOOOOO 00 82827323 Qty: 1 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 1.15 1.15 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 10.00 10.00 Subt 25.55 TOTAL CYLINDERS SHIPPED: 3 RETURNED: 3 Pay your bills by credit card! Del Charge 17.50 Call 1-800-266-4369 to start Ta .00 TAXABLE AMOUNT y�1 ACCOUNT§ PAST DUE WILL BE CHARGED A SERVILE CHARGE OF §I.DD OR A FINANCE CHARGE OF 1.54 v+ 1 111 MONTH 1184 ANNUAL RATE) OF THE OUTSTANDING BALANCE, WHICHEVER IS GREATER. iCIQUN`C',,,, 43 TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES- DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents, and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders, and/or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and/or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty, strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above 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. Seiler may repossess the same or any part thereof with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use 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 ail 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 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 ands 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 Seiler 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 113 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. LT o INVOICE 10/08/08 LM595 31047728 To Place Orders call Sales Dept. at: 317 481 -4550 *PAYMENT DUE BY: 10/18/2008 R E 982 PRAXAIR DISTRIBUTION INC t 15 0 e -3 3: 14 71e T DEPT CH 10660 0 PALATINE IL 50055 -0660 (800) 266 -4369 B CITY OF CARMEL FIRE DAMS* S CITY OF CARMEL FIRE D *MS* L AP STATION 44 0 2 CIVIC SQUARE T 5032 E MAIN STREET CARMEL IN 46032 CARMEL IN 46032 PD p Ek ORDER DATE BRANCH SLS TERR SNIP VIA TERMS PAGE 51859 -00 0/06 982 704 948 OUR TRUCK BNJ NET 10 1 vzNriT; uAgrltV ITM::N1ZdBR xsnPesc: a#o 11FTa:: iFM tylt?t�AN �1HkT 111d�t i'RtCE' LOCATION: 982 OX M -AD E 0 OXYGEN USP AD L 4.80 28.80 VOL: 84 Lot: 0000000 000 000000 00 82827323 Qty 1 Lot: 0000000 000 000000 00 82827522 Qty: 5 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 2.30 2.30 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 10.00 10.00 Subt 41.10 TO TAL CYLINDER SHIPPED: 6 RETURNED: 5 Pay your bills by credi card! Del ar e 17.50 Call 1-800-266-4369 to start Tax ..00 ACCOUNT5 PAST DUE WILT BE CHARGED A SERVICE TAXABLE AM7 CHARGE OF 51,00 OR A FINANCE CHARGE OF 1.5% o PEA MDNTH f18A ANNUAL RATE1 OF THE SU 60 OUTSTANDING BALANCE. WHICHEVER IS GREATER. 2:':HSYFV�IV 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. WAR RANTIES- DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all 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 safe 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 the county, as the Seiler 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 tails 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 NOWWAIVER: The failure by the Seller, at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss Of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seiler against ali 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 became due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials; charges for handling, delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT In compliance with the Federal Truth -In Lending Act, if applicable, Buyer may be charged any amount approved by Sellers credit department, subject to the following conditions. NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF 51.00 ON THE BALANCE DUE. 0 VOUCHER NO. WARRANT NO. ALLOWED 20 `982 Praxair Distribution, Inc. IN SUM OF Dept Ch 10660 Palatine, IL 60055 -0660 $508.71 ON ACCOUNT OF APPROPRIATION FOR Carmel Fire Department PO# Dept. INVOICE NO. ACCT /TITLE AMOUNT Board Members 1120 42- 311.00 $508.71 I hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except NOV 10 2009 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 $508.71 I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6 20 Clerk- Treasurer