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166539 12/10/2008 CITY OF CARMEL, INDIANA VENDOR: 360202 Page 1 of 1 ONE CIVIC SQUARE 982 PRAXAIR DISTRIBUTION INC CHECK AMOUNT: $583.92 CARMEL, INDIANA 46032 DEPT CH 10660 e� za PALATINE IL 60055 -0660 CHECK NUMBER: 166539 CHECK DATE: 12/10/2008 DEPAR ACCOU PO NUMBER INV NUMB AMO D ESCR I PTION 1120 4231100 31361253 98.94 BOTTLED GAS 1120 4231100 31361254 64.78 BOTTLED GAS 1120 4231100 31361255 46.24 BOTTLED GAS 1120 4231100 31514295 25.69 BOTTLED GAS 1120 4231100 31514298 109.11 BOTTLED GAS '1120 4231100 31514299 16.13 BOTTLED GAS 1120 4231100 31514300 20.48 BOTTLED GAS 1120 4231100 31541162 89.34 BOTTLED GAS '1120 4231100 31541163 51.42 BOTTLED GAS 1120 4231100 31541164 61.79 BOTTLED GAS INVOICE DATE:' :A�C6UNT £NUOIC� NUMBER`,; To Place Orders call Sales 11/24/08 LM593 31541162 Dept. at: (317) 461 --4550 PAYMENT DUE BY: 12/04/2008 R E 982- PRAXAIR DISTRIBUTION INC 8456 ,/3: 10533 T DEPT CH 10660 PALATINE IL 60055 -0660 CITY OF CARMEL FIRE D *MS* (800) 266 -4369 B AP 1 2 CIVIC SQUARE s CITY OF CARMEL FIRE D *MS* CARMEL IN 46032 -7543 STATION 45 P 10701 N COLLEGE AVENUE 11 111111 IIII111111111]111111 o INDI IN 46208 PO p ORDER p OflOER DATE BRANCH Sly TE RR SHIP VIA TERMS PAGE 08223702 -00 1/20 982 704 948 OUR TRUCK BNJ NET 10 1 fEM NU#6ER ovANtii uANTIrr ::�Y 7M [JE SCRIPTIDN UFfIT :UN11 PFtIfiE A�UI LIND EfiS 910. 'BHIPPEO RfT'� LOCATION: 982 OX M -M 2 0 OXYGEN USP M CL 17.17 34.34 2 2 VOL: 248 Lot: 0982831 01 Qty: 2 OX M -AD E C OXYGEN USP AD CL 4.80 24.00 VOL: 70 Lot: 0982832E21 Qty: 3 Lot: 0982831 21 Qty: 2 ZZZHM 1 0 HAZARDOUS MATERIAL CHARG EA 5.50 5.50 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subtotal 71.84 T OTAL CY IN ER SHIPPED: 7 RETURNEE: 7 Pay your bills by red't c rd! Del har e 17.50 Call 1- 800 266 -436 to sta. t. Tax .00 ACCOUNTS PAST O WILL CHARGED A SERVICE CE CHARGE OF 51.00 OP R TABLE AMOUNT A FiNA N CE CHARGE OF 3.5% PER MONTH IIS% ANNUAL RATE) OF THE oo (,79.34 OUTSTANDING BALANCE, WHICHEVER IS GREATER AI.Y I(3�N T =.-IiMS bt CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other aareements or understandings, unless expressly stipulated on this invoice. WARRANTIES—DISCI—AIM 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 trio 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,'cr 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 Ions of the cylinders and,'or ecuipment 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 arJlor equipment. Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shah make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warrariy_ stn,.; 'I, L nnrise USE RESTRICTIONS: None of the above cylinders andror equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires the user to be licensed. Custome shall not we or permit use without such license. in the event of damage. breakage, or mechanical failure ct Said cylinders and /or equipment for any cause, Customer, at its own expense, shall forthwith return the cylinders andlor equipment to Salver. Customer is not authorized, ,vilhout prior written consent of Seller to expend any inonev or incur any expense for Seller's or Customer's account for repairs to laic cylinders andror equipment. Seller may terminate any lease at anv tint" b•: tender £o Cus)+ner o unused rent In canon event Customer shall forthwith return cviinders andlor eq -pmont fc :na Serer such place. within the county. as 'rn Sear cc ::ton :ite. C.,; _mgr sna,;. ro over expo se. maintain liability a ^d tire ,ir Liu r,, E2 nnc! cacn curie( tSGID! may request at :lie Line of such easmrl i� -he event of ine !rSO :vency or o of th Customer, or in ihu even *.'rw :o,,. :r •,ielateS .:hc• IL hei .ls to return 'II cylinders anoor e4uip'rten' or in the event the :ylinccrs and /or equi, meal are levied upon by anv cqi precsss un :n cst at'.I <i�!v rn mrnoMi ]teiy lermircte arrJ ail riq-r w t^e Customer to possessing c 'nc ,:vlinoers a Jai cgaipment Shall immediately tt-iminaro. Sep er rru jr;y part therecr C avuhe it n_ old %vith of wuhout ieg�. process. c:nd Se!ier arc its .agents =arc. hereby authorized to go ulm Custorer:, p;ccertv �anc remove rnpediments and may use all force necessary to repossess said cV+inders and/or equipment, and Customer hereby, for itself and i ts employees expressly waives ail damages ana claims r�' .curia red by t` S,eN:- :n the process of taking and removinc said cy; ^.den; ind.'or ecuipment In "e event of any breach ro as ,ev exponses of enforcement ,,era :of a•ic fiir costs of retaking said L.lingc•rs onp egtrpment a ofcr Zi rentals, morchandise omducr an. �,rn_,yea dug Here r;�ar ai�u for rensunabie attotneys NOTICE OF VON- WAWEH: The failure by the Seller, at any one or more time, tu insist upon the suet 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 comp liance with and performance of all covenants. conditions andlor terms hereof. Notice of demand for strict compliance is hereby waived by the Customer RETURNED MERCHANDISE: Original nvoice nwsf acc unpany memnartdief product_ a 1lin^er5 or r-•quipment returned for credit. RESTOCKING: Restocking and handling charges will oo mace en regular,, inventoried merchandise, product, cylinders or equipment returned- Special order rtems 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 cvlinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnity Seller against all loss arising out of injuries to persons, or damage to property connected witn 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 col!ecling payment d ae or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care. maintemarce, to =s of or damage :o tftem (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS ir Ill %7 "r _r t' R iF .-L BALANCE CF OUR CYLINDERS IN YOUR HANDS SHOWN ON III !N'VOiCE IS CORRECT 'k 7HF :'LOSE OF IJS C I TH= Gn i E SHGV)N ON THIS INVOICE. CUSTOMER'S RcPRESENTATION OF SOLVENCYi Buyer represents to Seller that Buyer has not ceased to pay its debts in tine 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 shaft 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 afl of the charges are retained by Seller. DIS CLOSIJRS- STATEMEPIT r co is ce r"ch h In Lendinc dci. If 10p=.ieable 3uver may be charged any amount approved by Sellers credit Onoariment 5c, iecr to the following condrtru^s. NO LATE_ CHARGE IF THE ACCOUNT. IS PAID A 30 DAYS ALL INVOICES UNPAID 30 DAYS FP,)r' r;; iVcRY AHD SU J CT TO A LATE CHARGE OF 1 5°. PFR ,vIONTH (ANNUAL PERCENTAGE RATE OF la°,) OR A MINIMUM OF S1 OC ON `HL S'H_ NCE CU, INVOICE NUMg�R:.:> To Place Orders call Sales 11/24/08 LM594 31541163 Dept. at: 317 481 -4550 *PAYMENT DUE BY: 12/04/2008 R E M 982 PRAXAIR DISTRIBUTION INC 8466 2!3:10634 T DEPT CH 10660 PALATINE IL 60055 -0660 (800) 266 -4369 R CITY OF CARMEL FIRE D *MS* 5 CITY OF CARMEL FIRE D *MS* AP STATION 41 T 2 CIVIC SQUARE E 2 CIVIC SQUARE CARMEL IN 46032 o CARMEL IN 46032 PO p ORDER tl FROER OA TE BRANCH 5L5 TERR SNIP VIA TERMS PAGE 08223904 -00 1/20 982 704 948 OUR TRUCK BNJ NET 10 1 QUANTIT UANTITY sscPH aro ITEM 13 SCExIt 710N 1NIP NiT ARlCE A14fI�UIVT LOCATION: 982 OX M -AD 5 0 OXYGEN USP AD CL 4.80 24.00 VOL: 70 Lot: 0982832 21 Qty: 5 ZZZHM 1 0 HAZARDOUS MATERIAL CHARD EA 1.92 1,92 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subtotal 33.92 T OTAL CY IN ER SHIPPED: 5 RETURNEE: 5 Pay your bills by credit card! Del har e 17.50 Call 1-800-266-4369 to start. T FLx .00 TAXABLE AMOUNT ACCOUNTS PAST ONE WILL BE CHARGED A SERVICE CHARGE OF 51.00 OR A FINANCE CHARGE OF 1.5% PER MONTH f1BY. ANNUAL RATE) OF THE oo "nn 51.42 ICY 1 OUTSTANDING BALANCE, WHICHEVER IS GREATER. 3 ERMS a CONDITIONS These terms and conditions represent the once F, :aement :;an;ean t!ie parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. W ARRANTIES- 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 TH IS 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 liaoility 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,ror equipment regardless of the cause until they have been returned to. and receipted for, by the Seller. In tie event of any accident involving sa€d cylinders andlor equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty s!­1 l: h0 cr 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. snail 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 snall 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 te grid, all igh's of the Customer to possess on of the cylinders and/or equipment shall immediately terminate. Seller may repossess the same or any part thereof w.th or �tiii �ticu arno min or without legal process. and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments End may use all farce necessary to repossess said cylinders andlor equipment, and Customer hereby, for Itself and its employees expressly waives all damages antl ctaims Cr damage o fie 4 Ers r'.ys'c or pecuniary. caused by the Selle in the process of taking and removing said cylinders and/or equipment. In the event of any breach by the CJStornef �tar�,unuer_ Sao C. stonier 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 entl cd to luagement for such expenses and for all rentals, merchandise, product and damages due hereunder. and for reasonable attorney's lees and court costs. NOTICE OF NON- WAIVER: The failure by the Seller, at any one or more time, to lil 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 mace 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 darnage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage: indemnify Seiler against all loss arising cut 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 ano' /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 joss of cr damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS Ti r'V 'T­ _N T L SA! ANCE OF OUR CYLINDERS IN YOU!-s HANDS SHOWN ON i H'S !NVO!Cc 13 CO, ECT AT THE C�OSk U� "f, T.iL 2,: IF ON THIS INVO!CE CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbursed far 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 imr- by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT n rvr r��ianr�• n. giro T .r, -in t.e!l AC. acu!,cr :rlc. Buver may be charged any amount approved by Seller's credit department !o the following co NO LAIF CHARGE !F TrF ACCJ.uN` o'IIH'N T9 DAYS. ALL INVOICES UNPAID 30 DAB'S FRCI,^ `!_!V� =:3v -:RF SU-.i -CT TO A LATE CHARGE Ot= t P -R Iv1ONTH IANNUhL 'L iCEfJI,.GE FIAT_ :)F 1b .i OR A iMINIMMIvI Or 51.07 Or, S'A. "d L _11E p INVOICE DATE: AC .Vtlt1N7 INVOICE: v niit3�fi s' To Place Orders call Sales 11/24/08 LM595 31541164 Dept. at: 317 481 4550 *PAYMENT DUE BY: 12/04/2008 P E M 982 PRAXAIR DISTRIBUTION INC 6466 -313! 10635 T DEPT CH 10660 0 PALATINE IL 60055 -0660 (800) 266 -4369 B C s CITY OF CARMEL FIRE D *MS* CITY OF CARMEL FIRE D *MS* L AP STATION 44 0 2 CIVIC SQUARE 5032 E MAIN STREET CARMEL IN 46032 0 CARMEL IN 46032 PO tl ORD Efl p ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE 8224181 -00 1/20 982 704 948 OUR TRUCK BNJ NET 10 1 QUA NT 4T 1JANTIFY: V�EM':NlM9ER T @M DESCgIRTi�N Ulfl� 3UN17 PRIDE AMOUNT .SNIPPED 810 SH{PP.ED :RET.'6 LOCATION: 982 OX M -AD 0 OXYGEN USP AD CL 4.80 33.60 VOL: 98 Lot: 0982632E2 Otv: 7 ZZZHM 1 0 HAZARDOUS MATERIAL CHARD EA 2.69 2.69 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Su tot 1 44.29 I OTAL CY IN ER SHIPPED: 7 RETURNEE: 7 Pay your bills by credit card! Del Charge 17.50 Call 1-800-266-4369 to star Tax .00 TAXABLE AMOUNT ACCDUNTS PAST DUE WILL BE CHARGED A SERVICE CHARGE OF $1.00 CR A FINANCE CHARGE OF 1.5% PER MONTH NE% ANNUAL RA iE) OF THE oo .A ;11 /[�t LA:IY 61.79 CU TSTAN DING BALANCE, WHICHEVER IS GREATER l'iI i{L l.Fi �l 1 TERM'S CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements Or understandirgs, 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 cviinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than Iric 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 cy inders 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 sfralt make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages.. whether arising from negligence. warranty. str�: L 'L•. -_r ciherWlSe. 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 lob tot wh cn it was intended to be used as above set for ",n, 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 laid cylinders and/or equipment for any causrt Customer, at its own expense, shall forthwith return the cylinders and/or equipment to Seller. Customer is not authorized. without prior written consent of Seiie 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 nn,^ d ender to C� ;comer c' unused rent in which event Cusomer shall forthwith return cylinders a /j1or equ pmmt to the Selrr r:r such place. within the county. o; tr Sr: de ;ign,9w C, a :cmpr snarl. a; ito own expense, maintain habilit', and lira ,nsurami e Rnd such other many request at he tree Ct sec easir.. 1. ':he ert:nt of ono .i,soivency or bankruptcy OI the Customer. or in the Even: violates .r: tr the :e,.r. '.or c.r :ails to return the cvurtder; and or e ui ^ntent o in the evert c'dlinOers and /or equicrnert are levied upon by anv loq; :i pn ^cese•. such mmetd:ately o cr a. _i G..stom r Ire ssr)n c 'ha y piers aiid equipment shall inmeoialely tem Seiier may repossess i bL!im: or an,/ part thereof of without ieg­ process. raid Seller and its agents are hereby authorized to go uaon Customers property anC reprove impediments and may use aff force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and cialmr cr t' o rice of taking and removil g `ai_' ,oers e:.o'cr c :tu empnt nv,mt of any breach 5 oS wry at expenses Of enforcement hereof C,.id fi•c l boots of rt?tEkdng said :yi pile/; and /er e.QUlpment E :'.t rl ,.,l and icr ail rentals, merchandise, prOOUCf all,' vf maWs due tieiellrider, Und let relSdnabie attorneys 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 terns of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants. conditions and/or terms hereof, Notice of demand for strict compliance is hereby waived by the Customer RETURNED MERCHANDISE: Original invoice rnust accump�ny men :hartoisF oroc, ci. Lylinca or cquipmenE returned for creoit RESTOCKING: Restocking and handling charges will oo mad.: or rcguianv inventoried merchandise, product. cylinders or equipment returned. Special order itenrt.s are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equ dment 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, o damage to property connected witr the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or artomey's fees in�:urroo by Seller 'n coNecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance Icsy of or darnage to tnem (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS _A_AtCE C= i CYLINDERS IN YOUh i SHOWN ON TtiIJ IPA'CiCE COFRECT AT THE .....,�L CUSTOMER'S RcPRESEAIT,4TION Or SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials; charges for handling, delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or tee paid to or imposed by any governmental authority, and all of the charges are retained by Seller, CISCLOSIJRE STATEMENT n Ci c -u icjD r >u e; ni iv r.a charged any amount approved by Seller's crad'f c,,n,ntru rl ..c. :I..C' to the foilowing condrtc ^s. NO La`_ i;`,aRGE IF THE ACCJUN '�S °AiD '•�'dITHON 30 {)AYS. ALL INVOICES UNPAID 30 DAYS FFC4^ r) :_�r '.HL SUBJECT TO A LATE CHARGE OF 5 °EH wiONiH (ANNUAL PERCL-N ?AGE it A! i Or IZ °IJ OF MINIMUM OF ;1.00 JN i i f,,V :'NCE DUE CYLINDER avQae_ E_ �MSS.R> uu DEMURRAGE RENTAL INVOICE 31514295 FAG NUMBERJf: 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 11/20/08 34287 1/1:34356 BRN: 982 CITY OF CARMEL FIRE *MMS* LM332 2 CIVIC SQUARE CARMEL IN 46032 -7543 CITY OF CARMEL FIRE *MMS* g s 2 CIVIC SQUARE h L L P T CARMEL IN 46032 D o COMMENTS: PD m H1 TERR I PAYMENT DUE BY: 12/20/08 948 ITEM MUAkBER ORpER :�:V t�bVRICb zIgHIP bs1T6 gEL cvLlNtlf RiTUR Eqs E. .erLLryDEeS RENT ';CYI.IAIQERI; RA7'F,:; AMehIiNT BACAfl10E'SHfP P!E0. NETUkWED BAL gNCE LEASED TYPE 3; C?AYS R 410 Med high pres 50cf 2 0 0 2 0 AY 62 .374 23.19 R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 2.50 2.50 1 TAX: 00 TOTAL VALUE OF CYLINDERS +I I PLEASE NOTE: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE ABOVE 120.00 BALANCE OF OUR CYLINDERS IN YOUR HANDS IS CORRECT AT THE CLOSE OF TOTAL 25.69 RIICInICCC nnI THr nArt cwnl rule Inninire TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WAR RANTIES- DISCLAIM ER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty. strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shalt 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 fable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipled for, by the Seiler. In the event of any accident involving said cylinoers 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 hat,mty 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 Seiler at such place, within the county. as the Seller shall designate. Customer snail. a: 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 fads to return the cylinders anr.,'or egcir?ment or in the event the cylinders and/or equipment are levied upon by anv legai process. such lease shall. without notice, immediately nr�r.ate and a oqn ^s c° tree Customer to possessio of the cylinders andror equipment shall imnvediately terminate. Seller may repossess the same or any part thereof with or without notice and wdl 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 da ,,r 'reaaas•, i or pec�m a-y roused by L're Seller in th,e process of taking and removing said cylinders and /or equipment In the event of any breach C; t.e C sill ^;er neteur•ccr. sad Customer orom a V agrees to pay all expenses of enforcement hereof and ire costs of retaking sa cylinders and/or equipment anc the Sel er 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 Seiler for any reasonable cost and /or attorney's fees inourreo 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 RFNT.,L SALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOKE G IS CRPFCT AT THE .r C.OSL OF O'I 1 L UAI E SrGVdN ON Ti 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 w4h the Fenera� .i r; :;n -In Act f applicaoie isuver may be charged any amount approved by Seiier's credit depal subµ:ct to the following conditions: NO LATF CHARGE iF THE ACCOUNJ IS °AID 4NITHIN 30 GAYS. ALL INVOICES UNPAID 30 DAYS FROM DEIJV =Rl ARF Si TO A LATE CHARGE OF 1 .5°-, PER MONTH (ANNUAL PERCENTAGE R ATE OF 18 OR A MINIMUM OF 51.00 ON THE DALANCE DUL. INVOICE MM M To Place Orders call Sales 11/07/08 LM593 31361253 Dept. at (317) 481 4550 *PAYMENT DUE BY: 11/17/2008 R E 982 PRAXAIR DISTRIBUTION INC 8297 1/3:101113 T DEPT CH 10660 T PALATINE IL 60055 -0660 CITY OF CARMEL FIRE D *MS* (800) 266 -4369 B AP 2 CIVIC SQUARE 5 CITY OF CARMEL FIRE D *MS* L CARMEL IN 46032 -7543 STATION 45 1i P 10701 N COLLEGE AVENUE �E�R1�1��n��nnl��nE�1��n1�e�l�u�n�n1�l��nnE�111�1��� o INDIANAPOLIS IN 46208 PO R OROEA R ORDER DATE BRANCH SLS YERR SHIP VIA TERMS PAGE TOM 8065792 -00 1/04 982 704 948 OUR TRUCK SR NET 10 1 nuANan uANTITr'.�`WnrDEi35 IFER1': NllhEl3ER CFA 17ESfxIE?Ti6N UNt7 11Na ➢ilk[$ Af1AdE1PET pEn at0 D Rena RE LEASE TOM SMALL 4175042 LOCATION: 982 OX M -AD 0 OXYGEN USP _1D CL 4.80 33.60 VOL: 98 Lot: 0982831 21 Qty: 4 Lot: 0982829E26 Qty: 1 Lot: 0982829 22 Qty: 2 OX M -M 2 0 OXYGEN USP M L 17.17 34.34 VOL: 248 Lot: 0982829 04 Qty: 1 Lot: 0982827 02 Qty: 1 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 5.50 5.50 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Suhtotal 81.44 TOTAL CY IN ER SHIPPED: 9 RETURNEE: 8 Pay your bills by credit card! Del C ar e 17.50 Call 1 -800- 266 -436 to start. T x .00 TAXABLE AMOUNT INVO Y ACCOUNTS PAST DUE WLLL BE CHARGED A SERVICE CHARGE OF $1.00 OR A FINANCE CHARGE OF 1.5 PER MONTH 08% ANNUAL RATEI OF THE OUTSTANDING BALANCE, WHICHEVER IS GREATER. 00 98 .94 r_v%iv S L CONDO i IONS These terms and conditions represent the a,.,. a, eament ',arr,oen carries 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 darnages 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 ano,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 andrer eou;pment, 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 oche vvise- 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 wnich 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 mechanics€ 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 ferns hereof, or fails to return thr cylinders ardor equipment or is the event the cylinders and /or equipment are levied upon by any legal process. such lease shall without notice. immedately terminate ar d 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 vrth c w thcut 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 torce necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and Its employees expressly waives all damages and ctaims of damage or trespass, p�iysical 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 cy, nders 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 1S r❑ L: 1T Hn TH= C PEN—AL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON TH S :NVOICF Ic rngRECT 4T THE l He DATE 1,HO:JN 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 federai bankruptcy act. LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: AEI claims for defective material, shortages and discrepancies are waived unless made In writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and far 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 imc;osed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT Ir c.o "t) olrt it Suti•er may be charged any amount approved by Sellers credit deoartrnent. surlecf t•^ :he `oclowing eO' .J A. CHARGt I TN_ C 'S .'11� :SAYS ALL INVOICES UN`'R1G 3C D AVS FRO". fir, �T TO A LATE CHARGE OF PF MONTH ANN,iA_ 15'.,r CR A i',aNIMU'vl Oi- S`.Ju Oil Ti AL; I Y' INVOICE oars: accc��aru. inrvaac rNM�rx 11/07/08 LM594 31361254 To Place Orders call Sales Dept. at: 317 481 -4550 *PAYMENT DUE BY: 11/17/2008 R E M 982 PRAXAIR DISTRIBUTION INC 8297 213:10115 T DEPT CH 10660 T PALATINE IL 60055 -0660 (800) 266 -4369 B CITY OF CARMEL FIRE D *MS* S CITY OF CARMEL FIRE D *MS* AP STATION 41 2 CIVIC SQUARE P 2 CIVIC SQUARE CARMEL IN 46032 o CARMEL IN 46032 PO R ORDEfl b ORDLR DATE BRANCH SLS TERR SHIP WA TERMS PAGE TOM SMALL 065735-001.1/04 982 704 948 OUR TRUCK SR NET 10 1 17EM „IVIJEMt6 ft GUANTiT uANTITY':��L irM vF�ctaiTlQrr jjui� ;guar rarer �Mf)EH1f7 3H74F?E4 816, PBb RELEASE TOM SMALL 4175042 LOCATION: 982 OX M -AD 4 0 OXYGEN USP AD jL 4.80 19.20 VOL: 56 Lot: 0982831 21 Qty: 2 Lot: 0982829E 22 Qty: 2 OX M -M 1 0 OXYGEN USP M CL 17.17 17.17 VOL: 124 Lot: 0982826 01 Qty: 1 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 2.91 2.91 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Suhtotal 47.28 TOTAL CY IN ERS SHIPPED: 5 RETURNED: 8 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 'N] /O{�: CHARGE OF $1.00 OR A FINANCE CHARGE OF 1.5% PER MONTH 18% ANNUAL RATE) OF THE p OUTSTANDING BALANCE, WHICHEVER IS GREATER. 64 .70 T��fVIS L CCONDITIONS These terms and conuitions 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 of rerchandise 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 oo 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 witn 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 dine cr e,gwpment regardless of the cause until they have been returned to, and receipted for, by the Seiler. 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 bylaw Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty. stric'. +.iabilifv ar c1herwi9P. 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 causa, Customer, at i 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 "ender to Customer of unused rent in which event Customer shall forthwith return cyii nders and/or equipment to tre Seller at Such place, within the county, as the Seller shall des,gnauo. Ctis:omer snail, at its own expense, maintain Iiabiiit. and fire nsurance and such other insurance as Se1'eF may request at otc tune of such eas,rg, 1 'he even; of fne nsoivency or bankruptcy ei the Customer. or In the event '+ir; C;,s;on ?or violates anv or the te,ms tieror4 cr fads to return X c u ::r r n' :1, toe^ ny: ^tiers /inch, e u�f �rtenf are lovied upcn Lv anv era pr�r_,5. scu, n cs ehall wChnut nut cc lmmel� riely i,� 1 0 r all ngh'S t^a Customer possession cl the cylinders anchor equipment Shall Imnnediately ternnmatc. Seiler may repersuss the same' -,iny parr thereof ,yti, C. ^[Nice and wtn or wi',ho,.t legal process, and Seder aril its agents are hereby authorized to go upon Customers piope! anb remove mpediments and may use all fcrcc necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives ail damages and claims of Carl Ioc o7 ;re cr peCzJniary ../used b 1, Serer n r•e prudes;- it taking and renwvtr sa rd cylinders and /or eqa ^ment In the event of any breach 0y' solo C_�Stolr�er oror. r s it) p tv 0 expenses of enfameinent Hereof and Costs of retakmg said c ylinders and/or egwpmeni anti th S° cr ';P be enotice :0 ,udgemc:e such s::pei a -id icr ail rentals, merchandise, product and damages due here.whc,or, are for reaucn %,ale attoney s fees and co„•t costs NOTICE Or 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 ?erns 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, pfoduct. cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will Do �nao_ or. rcgulary 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 re mousse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or carnage to property connected mir the case of the rented cylinders or equipment and /or the contents of the cylinders: reimburse Seller for any reasonable cost and/or attornev s fees it :u —ren by Seiler in coPecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care. mawte::ancu I of or damac,e b them (normcl wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS r_• R -n 11_ VICE CF CUs', C Yi_IND =RS IN YOL'I^ HAC`'r`S SHOWN ON THIS INV(ICF IS r`UNRECT AT THE CUSTOMER'S REPRESENTATION OF SOLV=NCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business, trial 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 oirwiance carp =cd rr.;n -'n .tr,ci �,coficabrc ='over may be charged any amount aporoved by Seller's credit department. suhlec to d,e fo+lowing conducns. NO I ATE GHARGE iF THE ACC'.J, iNT IS DAID .dl'N'`, 3Q DAYS. ALL INVOICES IJNPAiD 30 DAYS FROM DE'_'VE U, E:CT TQ A LATE CHARGE OF PFR vIONTH (ANNUAL PcRCENTAGE r;ATE OF 1�'„) OR A iMINIIVI'JM OF ',�I 00 ON THE FA[ N: CamJ: _'Jl INVOICE DATE.- .--ACC Rla?Q1L9 ivUN16EFi 11/07/08 LM595 31361255 To Place Orders call Sales Dept. at: 317 481 -4550 *PAYMENT DUE BY: 11/17/2008 R E M 982 PRAXAIR DISTRIBUTION INC 8297 313:10120 T DEPT CH 10660 T PALATINE IL 60055 -0660 (800) 266 -4369 B CITY OF CARMEL FIRE D *MS* 5 CITY OF CARMEL FIRE D *MS* AP STATION 44 2 CIVIC SQUARE 5032 E MAIN STREET CARMEL IN 46032 o CARMEL IN 46032 PO p F gR p OROER DATE BRANCH 515 TER" SHIP VIA TERMS PA TOM 065814 -00 1/04 982 704 948 OUR TRUCK SR NET 10 1 'YLItNDETiSi lFE7d:_.N�IMEjEft (1UANT{7: rlTr IT$1+t i)E5f{it?TiflN E��kk7' PFtiC ;f��Q SANP6A BkD :.i 0 RET:U RE LEASE TOM SMALL 4175042 LOCATION: 982 OX M -AD 4 0 OXYGEN USP AD CL 4.80 19.20 VOL: 56 Lot: 0982831 21 Qty: 4 ZZZHM I a HAZARDOUS MATERIAL CHARGEEA 1.54 1.54 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Suttotal 28,74 TOTAL CY IN ER SHIPPED: 4 RETURNED: 5 Pay your bills by credit card! Del Cftar e 17.50 Call 1- 800 266 -436 to start. T x .00 TAXABLE AMOUNT ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE 'R S` J CHARGE OF $1,00 OR A FINANCE CHARGE OF 1.5% key G. PER MONTH (IBY. ANNUAL RATE) OF THE O Q� A 6 2[t DUTSTANDING BALANCE, WHICHEVER IS GREATER. I� `YU 1' o Rl CONDITIONS These terms and conditions represent the enti;a a;reement hervieen 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 Gable for all damage to or loss of the cylind ana /or equipment regardless of the cause until they have been returned to• and receipted far, by the Seller. In the event of any accident involving said cylinders andror equipment, Customer shall promptly furnish to Seller a complete report In writing, with names and addresses of witnesses and parties involved and Customer shall mare all reports required by law, Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty, strict bility or otherwise. USE RESTRICTIONS: None of the above cvlinders 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 fortirwfth return the cylinders and /or equipment to Seiler. 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 ti cy ndc ­s andror equipment or in the event the cylinders andror equipment are levied upon by any legal process, such lease shall. without notice, immediately tens ne:e 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 or %ygnout 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, phys ical 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 casts of retaking said cylinders and /or equipment and the Seller shalt 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 net 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 toss 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 attorneys fees ncurred by Seiler in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper ca *e, rraintenance, iuss of r. damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE iS t 1 1 F+,•,T T Cyr ^4IrC Rr nNTAI SALANCF OF OUR CYLINDERS IN YOUR HANDS SHOWN ON T"WiS INVOICE 1.S CORRECT AT THE �I', iF C.,T ,),:ti O^, THIS INVO�GE. 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 if gation, 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 IawS 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 im;;osed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT cc", :.r1c_ .r c n L_- d ^:I,c °`I� FJuvmr may be char,ed any amount ano-oved Lv Sellers crehi denartmen s�ut c•Ct the roficwing co duns NJ �ATL CHARGE T--i= �C, ��T I: P4.� JAY'S AL:_ 'N1/G Lr 3t ;AC'S FRO ^i f?_ -Y ff ��'FCT TO A. LATE CHARGE OF t PER �.AONTH ,ANNUAL P-HC= ;q -a_ ri �IL�:�i: 18'_l Uh A `,1iNitiiUti�0: S' ov ON TH= 3A: CYLINDER NU�IGE i�tfMBEF2 DEMURRAGE RENTAL INVOICE 31514298 To Place Orders Call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: 317) 481 -4550 DEPT CH 10660 ivvoice DATE:.. PALATINE IL 60055 -0660 800 266 -4369 11/20/08 62 225 1/3:78416 BRN: 982 ACCOUNT:;* CITY OF CARMEL FIRE D *MS* LM593 AP 2 CIVIC SQUARE CITY OF CARMEL FIRE D *MS* a CARMEL IN 46032 -7543 STATION 45 I 10701 N COLLEGE AVENUE �I�n��nulunl�llli�l�l�ll�ll111111111nn i1.1.1n11 T INDIANAPOLIS IN 46032 o o COMMENTS: PO p HC TM p PAYMENT DUE BY: 12/20/08 948 TE Nl bdBER ORpE[,' #NVS?#C£ $NIP I7lxTE BEGliutiNC CrLIHtl£as cv gsRS E rt1iNC evL tuoENS p6 y7 'CYLIflQEF[1 �}y�r AM6 JN? NUM£ER £Ai.AWE SHF ?PED' RETUaw�o BAL,k,NCE CEASED, rYP, RATS Customer Owned Leases 15 R 410 Med high pres 50cf 41 10 11 40 15 AY 792 .115 91.08 R 430 Med high pres 50cf 2 2 0 4 0 AY 92 .109 10.03 R MZ SAFETY ENVIRONMENT 0 0 0 n 0 0 8100 8.00 TAX: 00 TOTAL VALVE OF CYLINDERS B nl ^'rc PLEASE NOTE: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE AOVE 3320.00 BALANCE OF OUR CYLINDERS IN YOUR HANDS IS CORRECT AT THE CLOSE OF T 109.11 RIICINF[C !1N T14P MATE CLJn \A /NI n11 Tulc I i T,U 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, andlor equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and/or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and.or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty, strict liability or 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 jab 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 tirrle by tender ^,o Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seiler 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 rho of such easinc. In the event of the insolvency or bankruptcy of the Customer. or in the event the Customer violates any of the terms herool!. or fails to return e'. apm6nt ul n t'­ even' :hr; �yincuc; and.'o equipment are levied Ripon by any legal process such lease shad, without notice immodislely immate and all rignts ril Inc. Customer to possession of the cylinders and/or equipment shall immediately ternnate. Seller may repossess the same or any part thereof v +t' c %vmo notice a d w�tn or without legal process. and Seller and its agents are hereby authorized to go upon Customers property ano remove impediments and ray --sip W lorce necessary to repossess said cylinders and/or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of oamage or trespass, physical or pecuniary. caused by the Seller in the process of taking and removing said cylinders and or equipment In the event of any breach by the Customer hereunder. said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorneys 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, prpCluct, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will de made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equ pment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons. or damage to property connected with the use of the rented cylinders or equipment and/or the contents of the cylinders; reimburse Seller for any reasonable cost andlor 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, less of cr damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE !VOTE: YOUR PAYMENT OF THIS INVOICE IS T BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRFCT AT THE U Eu511 i'_.;5 ON 1.�L i SHCV,N ON THiS NVOICE 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 tot 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 anv governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT may 5c :,Iiurgcd any amcumL app Dyed by Seller's cied.t e �erf e ec o .1�e folresri g conditions NO LATE CHARGE IF THE. ACCOL,NT IS PAID V.'ITHIN 30 DAYS ALL INVOICES UNPAID 30 DAYS FROM DE_IVERv ARF SUBJECT TO A LATE CHARGE OF 1.5 PER MONTH (ANNUAL PERCENTAGE RATE OF 18 o) OR A MINIMUM OF Si 00 ON THE EALANCE DUB. CYLINDER IpluoieE NUMBER DEMURRAGE RENTAL INVOICE 31514299 'PRCE NU�v18ER To Place Orders call Sales 982- PRAXAIR DISTRIBUTION INC 1 Dept. at: (317) 481 -4550 DEPT CH 10660 INUOicg aar:;, PALATINE IL 60055 -0660 800- 266 -4369 11/20/08 62225- 2!3:78457 BRN: 982 LM594 CITY OF CARMEL FIRE D *MS* CITY OF CARMEL FIRE D *MS* AP STATION 41 2 CIVIC SQUARE P 2 CIVIC SQUARE T CARMEL IN 46032 T CARMEL IN 46032 0 0 DO MMEN TS. PO k TENN p PAYMENT DUE BY: 12/20/08 HC 948 TEM N AABER OROER:# tNUC11C£ PIP PATE:esclu+iNC ev roerts tvuNOEas EiNG evuWOeas E3ENT:C7tINS7Lfll RAf �tMUNT:: _NUMBErR BALANCE 'SHfPPCR' aETUawEp BAI,A fC£ ..4EASE� TYPE:> QAVS Customer Owned Leases 15 R 410 Med high pres 50cf 11 14 19 6 15 DAY 0 .115 .00 R 430 Med high pres 50cf 4 1 1 4 0 DAY 125 .109 13.63 R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 2.50 2.50 TAX: .00 TOTAL VALUE OF CVLINOEFS PLEASE NOTE: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE ABOVE 1280. BALANCE OF OUR CYLINDERS IN YOUR HANDS IS CORRECT AT THE CLOSE OF TQTAL 16.13 BLISINF.45 nN THE DATF AHn WrU nNi Tuic iNnTn—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, un less expressly stipulated on this invoice. WARRANTIES DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meal 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 anu!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 expi 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 tire insurance and such other insurance as Seller may request at the I 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 :rc ry "de ;s and or eo,,ipn or in the event the cylinders and/or equipment are levied upon by any legal process, such lease shall, without notice. immediately e iron, to aria an rights, of the Customer to possession of the cylinders and /or equipment shall immediately terminate. Seller may repossess the same or any part thereof v!.t" ­Ai and min or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use ail force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and/or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's tees and court costs. NOTICE OF NON WAIVER: The failure by the Seller, at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and/or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand, be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seiler against all loss arising out of injuries to persons, o• 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 Noon net'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, mainfnnance loss o` r damage to them (normal wear and tear expected) until they are returned to Seller, PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS r-',. CR RFN ?4L DA! ANCE OF OUP. CYLINDEr S IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CA'E ­OV41 ON THIS INVOICE CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: All claims for detective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials, charges for handling, delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or fee pa d to or imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT 'r cm 11 'l� `eda t ui 1 hc', Euyer I c iblr, may ba charged any amount approved by Seller's credit department, subluct to the r0ilowing rondtions' NO LATE CHARGE IF Tr1E ACC',,JNT IS PA vVITHIN 30 DAYS ALL INVOICES UNPAID 30 DAYS FROM DELIVERY APF S- b'JECT TO A LATE CHARGE OF 1 5 °o PER MONTH (ANNUAL PERCENTAGE HAl E OF l6 OR A MINIMUM OF S1.00 ON THE BALANCE CUF CYLINDER INVOICE NUMBER DEMURRAGE RENTAL INVOICE 31514300 FALE :NUMBS To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: 317) 481 -4550 DEPT CH 10660 INVOICE` DATE::::::: PALATINE IL 60055 -0660 800- 266 -4369 11/20/08 62225 3/3:78418 BRN: 982 A'ecQuRT g LM595 CITY OF CARMEL FIRE D *MS* CITY OF CARMEL FIRE D *MS* g AP STATION 44 2 CIVIC SQUARE P 5032 E MAIN STREET T CARMEL IN 46032 T CARMEL IN 46032 0 COMMENTS. PO b HC TERR A PAYMENT DUE BY: 12/20/08 948 TEM JuA4BER. ORde t�JICltCE :SHtP DATE 13MMUi OvuMOERS LYUNDENS Eami c cynwbbt RENT CY 1NAEftl RgTE AMi1UNT: NUfv18ER BALANCE SFf1?REC aErt?nwED, BA4ANCE CE:ASER::TYPE: ..RAE'S Customer Owned Leases 15 R 410 Med high pres 50cf 14 6 7 13 15 DAY 0 .115 .00 R 411 Med HiPr <50CF W /XRS 1 0 0 1 0 DAY 31 .362 11.22 R 430 Med high pres 50cf 2 0 0 2 0 AY 62 .109 6.76 R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 2.50 2.50 TAX: .00 TOTAL VALUE OF CYLINDERS PLEASE NOTE: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE ABOVE 1390.00 BALANCE OF OUR CYLINDERS IN YOUR WANDS IS CORRECT AT THE CLOSE OF TOTAL 20.48 RL151NFS5 r)N THE I7ATF Sun Wnl nNi TWIQ iN11-1— TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there re 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. Irr the event of damage, breakage, or mechanical failure of said cylinders and/or equipment for any cause, Customer, at i ts 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 snail, at its owri expense, maintain liability and fire insurance and such other insurance as Seller may request at Il,e tine of such :easing. In *he 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 �e cv rs and/or equipment or in the event the cy!inciers and /or equipment are levied upon by any legal process, such I ase shall, without nobcc, immediately terrnate and all rights of the Customer to possession of the cylinders and/or equipment shall immediately terminate. Seller may repossess the same or any parr therect ,vth or wthout notice sand w or without legal process, and Seiler and its agents are hereby authorized to go upon Customer's property and remove mpediments 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 flip 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 casts 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 cou 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, proauct, cylinders Or equipment returned for credit. RESTOCKING: Restocking and handling charges will oe made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are riot subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising Out Of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and/or the contents of the cylinders; reimburse Seller for any reasonable cost and /or attorney's fees Incurred by Seder in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, mairtenarce. loss of of damage to them (normal wear and fear expected) until they are returned to Seller. PLEASE NOTE YOUR PAYMENT OF THIS INVOICE IS vOi ip 'V^,�' F:)G THAT TtiE C'�L.I�`1D�R RFF: BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE 1'�O SF O J51: 3; f,N ',HL '"A I Si CIV TH NVOICE CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of bus iness, 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 m corn,, nancc wall 'ric Iedcra! Fr,;:- Iii '_crdi Ac aco!u:aoiF ou.tci rnay oe charged any amount approved by Sellers credit department. subject to the following cond,honS. NO L ATE CHARGE IF THE ACCOJNT IS PAID ','JITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SLSjECT TO A LATE CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18°x) OR A MINIMUM OF $1.00 ON THE BALANCE DJE VOUCHER NO. WARKANT NO. ALLOWED 20 982 Distribution, Inc. IN SUM OF Dept Ch 10660 Palatine, IL 60055 -0660 $583.9 ON ACCOUNT OF APPROPRIATION FOR Carmel Fire Department PO# Dept. INVOICE NO. ACCT /TITLE AMOUNT Board Members 1120 31541164 42- 311.00 $61.79 1 hereby certify that the attached invoice(s), or 1120 31541163 42- 311.00 $51.42.- bill(s) is (are) true and correct and that the 1120 31541162 42 311.00 $89.34 materials or services itemized thereon for 1120 31514300 42- 311.00 $20.48' 1120 31514299 42- 311.00 $16.13+ which charge is made were ordered and 1120 31514298 42- 311.00 $109.11 received except 1120 31361255 42- 311.00 $46.24 1120 31361254 42- 311.00 $64.78 DEC 0 8 2008 1120 31361253 42- 311.00 $98.94 1120 31514295 42- 311.00 $25.69 i PLO B 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)) 31541164 Oxygen $61.79 31541163 Oxygen $51.42 31541162 Oxygen $89.34 31514300 Oxygen $20.48 31514299 Oxygen $16.13 31514298 Oxygen $109.11 31361255 Oxygen $46.24 31361254 Oxygen $64.78 31361253 Oxygen $98.94 31514295 Oxygen $25.69 1 hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6 20 Clerk- Treasurer