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179098 11/11/2009 a CITY OF CARMEL, INDIANA VENDOR: 360202 Page 1 of 1 ONE CIVIC SQUARE 982- PRAXAIR DISTRIBUTION INC CHECK AMOUNT: $538.56 CARMEL, INDIANA 46032 DEPT CH 10660 PALATINE IL 60055 -0660 CHECK NUMBER: 179098 CHECK DATE: 11111/2009 DEPARTMENT ACCOUNT PO NUM INVOIC N UMBER AMOUNT DESCRI 1120 4231100 34667932 24.35 BOTTLED GAS 1120 4231100 34667934 177.15 BOTTLED GAS 1120 4231100 34667935 23.30 BOTTLED GAS 1120 4231100 34667936 28.53 BOTTLED GAS 1120 4231100 34692950 113.76 BOTTLED GAS 1120 4231100 34692951 98.62 BOTTLED GAS 1120 4231100 34692952 72.85 BOTTLED GAS INVOIC OAtf GCCiUN73# tNV010E NUMBER iii To Place Orders call Sales 10/22/09 LM593 34692950 Dept. at: 317 481 -4550 PAYMENT DUE BY: 11/01/2009 R E 982 PRAXAIR DISTRIBUTION INC 7587- 7/3:9452 T DEPT CH 10660 PALATINE IL 60055 -0660 CITY OF CARMEL FIRE D *MS* (800) 266 -4369 AP 2 CIVIC SQUARE S CITY OF CARMEL FIRE D *MS* CARMEL IN 46032 -7543 STATION 45 P 10701 N COLLEGE AVENUE 0 INDIANAPOLIS IN 46208 PO M r 1l p ORDER DATE BRANCH SLS TERR SHIP VIA TOM 489249 -00 0/20 982 704 962 OUR TRUCK SR NET 10 1 CYtwDfgS:; TEM NUMBER vANnT uAnTITV ITEM DE5cRIPTJON UNIT lJN1T PRICE::. AMf}U 111. SHtPPEO;: 020: 5l11PPE0 RET'� RE LEASE TOM 4175042 LOCATION: 982 OX M -AD I 0 OXYGEN USP AD L 4.80 28.80 VOLE 84 Lot: 0982928C25 Qty: 3 Lot: 0982929 22 Qty: 3 OX M -M 3 0 OXYGEN USP M CL 17.17 51.51 3 3 VOL: 372 Lot: 0982929 01 Qty: 3 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 7.95 7.95 MSCFC 2 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subt 96.26 TOTAL CYLINDERS SHIPPED: 9 RETURNED: 12 Pay your bills by credit card! Del C ar e 17.50 Call 1-800-266-4369 to start. Tax .00 TAXABLE AMOUNT ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE /Q'/'SC CHARGE OF 51.00 OR A FINANCE CHARGE OF 1.5% 1��4:.V vC PER MONTH (18% ANNUAL RATE) OF THE oo l OUTSTANDING BALANCE, WHICHEVER IS GREATER. 3Y� V��I 1 1 J 1 76 TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES- DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER' WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment. product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents, and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage. storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment. Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty, strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth. nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. It the law requires the user to be licensed. Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or equipment for any cause, Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written consent of Seller. to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within the county, as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of such leasing. In the event of the insolvency or bankruptcy of the Customer, or in the event the Customer violates any of the terms hereof, or fails to return the cylinders and /or equipment or in the event the cylinders and'or equipment nrp 'evied uooa h; any legal process sucl- (case shall. without notice immediate'y terminate and all rights of the Customer to possession of the cylinders and,ur equflpmunt shall immediately terminate. Seller may repossess the same or any part thereof with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder. said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's fees and court costs. NOTICE OF NON WAIVER: The failure by the Seller, at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and,'or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand: be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or attorney's fees incurred b� Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE. CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business that it can oay its debts as they become due. and that Buyer is solvent within the meapina of the fpde-al I a ^6n,lrtry ,wt LITIGATION: In the event of litigation the prevailing party shall be entitled to he ,eimbursed for reasonable ottumey's fees and costs of suit CLAIMS: All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials; charges for handling, delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT In compliance with the Federal Truth -In Lending Act, if applicable, Buyer may be charged any amount approved by Seller's credit department, subject to the following conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18%) OR A MINIMUM OF S1.00 ON THE BALANCE DUE. INVOICE tNV.010E n mMf 10/22/09 LM594 34692951 To Place Orders call Sales Dept. at: 317 481 -4550 *PAYMENT DUE BY: 11/01/2009 R E 982- PRAXAIR DISTRIBUTION INC 7587- 2/3:9453 T DEPT CH 10660 PALATINE IL 60055 -0660 (800) 266 -4369 B CITY OF CARMEL FIRE D *MS* S CITY OF CARMEL FIRE D *MS* L AP STATION 41 2 CIVIC SQUARE P 2 CIVIC SQUARE CARMEL IN 46032 0 CARMEL IN 46032 PO' ORDER ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE TOM 1489216 -00 0/20 982 704 962 OUR TRUCK SR NET 10 1 IYEM NllMBEft, GunNrm: uANnry i'fEM DESCRIPTION t1NIT 1J1J1t PRtC 'AMO0N $HlerEn::.,, eiD fPGEO :RET'D:. L TOM 4175042 LOCATION: 982 OX M i 0 OXYGEN USP AD L 4.80 48.00 J SE 9 VOL: 140 Lot: 0982929 22 Qty: 3 Lot: 0982928 25 Qty: 4 Lot: 0982928222 Qty: 3 OX M -M 1 0 OXYGEN USP M CL 17.17 17.17 VOL: 124 Lot: 0982929 01 Qty: 1 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 7.95 7.95 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subtotal 81.12 TOTAL CYLINDERS SHIPPED: 11 RETURNED: 10 Pay your bills by credit card! Del Charge 17.50 Call 1-800-266-4369 to start. T x .00 TAXABLE AMOUNT ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE [A tV©I �C CHARGE OF $1.00 OR A FINANCE CHARGE OF 1.5% G_ PER MONTH ANNUAL RATE) THE 00 r�•l V'IO VI V OUTSTANDING G BALANCE, WHICHEVER ER 98 62 IS GREATER. 4�1 70 CJ TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES-DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment. product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents, and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence. warranty, strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer. except by prior written consent of Seller. If the law requires the user to be licensed, Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or equipment for any cause, Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written consent of Seller, to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within the county. as the Seller shall designate. Customer shall, at its own expense. maintain liability and fire insurance and such other insurance as Seller may request at the time of such leasing. In the event of the insolvency or bankruptcy of the Customer, or in the event the Customer violates any of the terms hereof, or fails to return the cylinders and'or equ'pment or 'n the e•r tl cylinders and' ^r oquipmer a•c lew^d urn by any Ir procc=s icy !case shall without notice immediately terminate and all rights of the Customer to possess of the cylinders and or equ pment small unmedjate,y terminate S,Ier may repossess !ne same or any part thereof with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder. said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable 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, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment. Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE. CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business. that it can pay its debts as they become due. and that Buyer is solvent within the meaning of the federal rankrLiptcy act LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials, charges for handling, delivery and shipping; and/or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT In compliance with the Federal Truth -In Lending Art. if applicable. Buyer may be charged any amount approved by Seller's credit department, subject to the following conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18 0 0) OR A MINIMUM OF S1.00 ON THE BALANCE DUE. INVOICE ACCDUNT:>7 iNV01CC NUMBER :i To Place Orders call Sales 10/22/09 LM595 34692952 Dept at: 317 481 -4550 *PAYMENT DUE BY: 11/01/2009 P E M 982 PRAXAIR DISTRIBUTION INC 7587 3/3:9454 T DEPT CH 10660 PALATINE IL 60055 -0660 (800) 266 -4369 B CITY OF CARMEL FIRE D *MS* CITY OF CARMEL FIRE D *MS* L AP STATION 44 2 CIVIC SQUARE P 5032 E MAIN STREET CARMEL IN 46032 o CARMEL IN 46032 PO M ORDER k ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE TOM 1489232 -00 0/20 982 704 962 OUR TRUCK SR NET 10 1 DUANT4T: UANTITY �C YUNDERS ITEM ;;NUMBER iTEM DE$CRIFTiON t]NITltN1T Pf?kCE;i A►N10�1IV.T SHIPPED:: Btp. SH{PPE RET'p:: EL AS TOM 417 -5042 LOCATION: 982 OX M -AD E 0 OXYGEN USP AD CL 4.80 24.00 VOL: 70 Lot: 0982928222 Qty: 2 Lot: 0982928 25 Qty: 3 OX M -M 1 0 OXYGEN USP M CL 17.17 17.17 VOL: 124 Lot: 0982929 01 Qty: 1 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 6.18 6.18 MSCFC 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 subtotal 55.35 TOTAL CY IN ER SHIPPED: 6 RETURNEE: 7 Pay your bills by credit card! Del Charge 17.50 Call 1-800-266-4369 to start. T x .00 TAXABLE AMOUNT ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE CHARGE OF $I.pp OR A FINANCE CHARGE OF 1.$1 INVOICE PER MONTH (IB% ANNUAL RATE) THE 00 72.85 w ^:�O U^ T OUTSTANDING BALANCE, WHICHEVER ER IS GREATER, XJV1 'U t TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES-DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER" WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event. title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents, and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Custorer 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 equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires the user to be licensed. Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or equipment for any cause, Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written consent of Seller, to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within the county, as the Seller shall designate. Customer shall. at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of such leasing In the event of the insolvency or bankruptcy of the Customer. or in the event the Customer violates any of the terms hereof, or fails to return the cylinders and or ego,t:n e rt o n the r­. r.' tl•e _y'inde and o, eginr, net r r. r'I .:I g,n prnres•. ch (case shall_ without notice immediately terminate and all rights of the Customer to possession of the cylinders and -or equipment sr,al; corned ateiy terminate Serer may repossess the same or any part :rereof with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and rernove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise. product and damages due hereunder, and for reasonable 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 terns of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand: be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE. CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business. that it can pay its debts as they become due. and that Buyer is solvent within the meaning of the federal hamk- .jprcy nct LITIGATION: In the event of litigation. the prevailing party shall be entitled to oe rennhursed fat 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 froin the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials: charges for handling, delivery and shipping: and /or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT In compliance with the Federal Truth -In Lending Act, if applicable, Buyer may be charged any amount approved by Seller's credit department, subject to the following conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5 %6 PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF S1.00 ON THE BALANCE DUE. CYLINDER 1NkF� E NUMEEF2:: DEMURRAGE RENTAL INVOICE 34667932 To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: (317) 481 -4550 DEPT CH 10660 lNWQfCE PALATINE IL 60055 -0660 800 266 -4369 10/20/09 33340- 1/1:33407 BRN: 982 .ACCOUNT:.<:::> CITY OF CARMEL FIRE *MMS* LM332 2 CIVIC SQUARE D CARMEL IN 46032 -7543 5 CITY OF CARMEL FIRE *MMS* H 2 CIVIC SQUARE L I L p �1�u�1��n1nnu1�11u�1�1�n�n�n��l��nnl�i�l�n T CARMEL IN 46032 O COMMENTS: PO HL TERN PAYMENT DUE BY: 11/19/09 962 3EM Ni1PABER OROEit .:A tNf!)iCE SHtP DATE: 9EDIf KI NG cvilNOEns CV NDERS 'END ilG cve aoens RENT CYLIND €fit RATE. AMOUNT' BALANCE SHlPp;EO RETURNED BALANCE CEASED TYPE! DAYS R 410 Med high pres 50cf 2 0 0 2 0 DAY 60 .340 20.40 R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 3.95 3.95 TAX: .00 TOTAL VALUE OF CYLINDERS PLEASE NOTE: 140.00 BALANCE OF OUR Y CYLINDERS I�N HANDS K IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE. TOTAL TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice WARRANTIES DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event. title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend. indemnify and hold harmless Seller, its officers, agents, and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty, strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires the user to be licensed Customer shall riot 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 andror equipment to the Seller at such place, within the county. as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of such leasing In the event of the insolvency or bankruptcy of the Customer. or in the event the Customer violates any of the terms hereof, or fails to return the cyhnde andro! equ,p-L,nt or in Vie eve the cylmders anc o' equipment a' r1 h,m oq,, u<o.,_ r,h,V v: notice. •:nrne: iatc:y terminate and all rights of Inc Customer to possession of the cylatders and or eq.cr '­0 s 0 nurse 1a'c y e nn tr Sc 'e may et,ossess to e <<3 c of any p; r e-,°;o with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer s property and remove impediments ana may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass. physical or pecuniary. caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorneys fees and court costs. NOTICE OF NON WAIVER: The failure by the Seller, at any one or more time, to insist upon the strict performance by the Customer of the covenants. conditions and /or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business, that it can pav its debts as they become due. and that Buyer is 5ewert within tfie f —Ir, a' LITIGATION: In the event of litigation. the prevailing party shall be entitled to be reimbursed for reasonable attorney s tees ana costa of su t. CLAIMS: All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials: charges for handling, delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT In compliance with the Federal Truth -In Lending Act, if applicable. Buyer may be charged any amount approved by Seller's credit department, subject to the following conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. CYLINDER DEMURRAGE RENTAL INVOICE 34667934 To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: 317) 481 -4550 DEPT CH 10660 PALATINE IL 60055 -0660 800- 266 -4369 10/20/09 5774 1 1/3:72743 BRN: 982 oii.NT:e::;:;:;:;:':;: CITY OF CARMEL FIRE D *MS* LM593 AP 2 CIVIC SQUARE CITY OF CARMEL FIRE D *MS* a CARMEL IN 46032 -7543 H STATION 45 P 10701 N COLLEGE AVENUE T INDIANAPOLIS IN 46032 0 O LOMMEN PO HC ERP PAYMENT DUE BY: 11/19/09 962 ITEM Na1M9E.R OR6E1: tMVO10E $NiR PATE s�cwenNe exwDeRi CYLSNp6R5 ErmiNC LYLwoEps ESENT:CYR1fJf1Efi1 R;QTE '1tsUN3 NUMBER BALRN,G"E SHIPPED 9E2tIRIC §D ERI.AWGL £EASE© TYPE <:RA S Customer Owned Leases 15 R 410 Med high pres 50cf 45 3 3 45 15 DAY 900 .135 121.50 R 430 Med high pres 50cf 10 0 0 10 0 DAY 300 .129 38.70 R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 16.95 16.95 TAX: .00 TOTAL VALUE OF CYLINDERS 545 AAN OF CYLINDERS YOUR HANDS LD T H I S INVO AC IS CORRECT AT 0 .00 BALANCE THE CLOSE OF 177.15 TOTAL TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral.. oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered. whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents. and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage. storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing. with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence. warranty, strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires the user to be licensed Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or equipment for any cause. Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written consent cf Seiler to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any lease at any tune 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 count;. i, the Se nr sha' designate Customer shall at its own expense. maintain liability and fire insurance and such other insurance as Seller may request at the time of s-1 !n 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 v.r; ar-f er eq.ripr "t a-+: r•vieu cpon by .,ny lega! process. s,ch lease shall without notice immediately teimir, tc and a6 r.gw o' ;r e Customer to )ussession of the cylinders and.'m equipment steal; immediately terminate. Seller may repossess the same or any part thereof with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby. for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to Judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's fees and court costs. NOTICE OF NON- WAIVER: The failure by the Seller. at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement. shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking ano hanol ng 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 cyl!nders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE. CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business. that It can pay its debts as they become due, and that Buyer is so'!mrt the meanrnq o` the federal hankn.1ptcy nct LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbutsed for reasonable attorneys fees and costs of suit. CLAIMS: All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials, charges for handling, delivery and shipping, and /or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority. and all of the charges are retained by Seller. DISCLOSURE STATEMENT In compliance with the Federal Truth -in Lending Act, if applicable. Buyer may be charged any amount approved by Seller's credit department, subject to the following conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1 5 °o PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF S1.00 ON THE BALANCE DUE. :IL1' o b Q CYLINDER DEMURRAGE RENTAL INVOICE 34667935 To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: 317) 481 -4550 DEPT CH 10660 PALATINE IL 60055 -0660 800- 266 -4369 10/20/09 5774,- 2/3:72744 BRN 982> ::.:;;ae:eoi3i3;:;::a.:;:s;;::; LM594 CITY OF CARMEL FIRE D *MS* CITY OF CARMEL FIRE D *MS* a AP H STATION 41 2 CIVIC SQUARE P 2 CIVIC SQUARE T CARMEL IN 46032 T CARMEL IN 46032 O O COMMENTS: PO N HC TM X PAYMENT DUE BY: 11/19/09 962 N11M9£R OR6Eft" kkdl101C6 $H£P E>Ix7E.:;: sss6aiiNG tY1Mftl£RS EMUNDERS END GYLtlNf£9S RENT CYt1NQf:RI FtiC /xMOIkNT KUhnBbR BAkAPJ SHfPRA BETtkdEO BRLAN6f fbASE[T 7YPE RRYS Customer Owned Leases 15 R 410 Med high pres 50cf 10 11 9 12 15 DAY 0 .135 .00 R 430 Med high pres 50cf 5 0 0 5 0 DAY 150 .129 19.35 R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 3.95 3.95 TAX: .00 TOTAL VALUE OF CVLMMS PLEASE 1990 .00 BALANCE N F O R ERS T H I S INVO I HANDS K IS CORRECT AT THE CLOSE 23.30 OF 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 aarees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents, and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage. storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing. with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence. warranty.. strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires the user to be licensed. Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or equipment for any cause. Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written consent of Seller, to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any lease at any ti,re by :ender 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, Inasinc; 4 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 aru o a1_. f j* n the event the cylinders m- t or equpment a levied upon by ary legal process such lease shall. without notice. immediately tom hate and all tights of the Custorer to possession of the cylinders and /or equipment shall immediately terminate. Seller may repossess the same or any part thereof with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals. merchandise. product and damages due hereunder, and for reasonable attorney's fees and court costs NOTICE OF NON WAIVER: The failure by the Seller at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement. shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants. conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment. Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of. or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property con ^ected with the use of the rented cylinders or equipment and /or the contents of the cylinders: reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE. CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer epiesent s 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 n c rL n ­1 Nip fn r,r,1, 1�nk, rtry arf LITIGATION: In the evert of id -g ft :r,e Urevuilwy party shall be entitled to ee reitrnbursed 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 govemrnental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT in compliance ,v th the Federal Truth -In Lending Art, if applicable. Buyer may be charged any amount approved by Seller's credit department, subject to the following conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1 Soo PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF S1.00 ON THE BALANCE DUE. CYLINDER �e}ufl1cE::�IkkMSR DEMURRAGE RENTAL INVOICE 34667936 To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: 317) 481 -4550 DEPT CH 10660 PALATINE IL 60055 -0660 800- 266 -4369 10/20/09 57741- 3/3:72745 BRN 982 ......ACCOUNT..e... LM595 CITY OF CARMEL FIRE D *MS* CITY OF CARMEL FIRE D *MS* H R AP STATION 44 H 2 CIVIC SQUARE P 5032 E MAIN STREET T CARMEL IN 46032 T CARMEL IN 46032 COMM N 5: PO HC TERR PAYMENT DUE BY: 11/19/09 962 ;13PfA Na11vjEER ORD8+7 it.: kNV.t)ICE SkikP P}xt>~.�g8ilgc tY1Ui0EP$ cVWJDER6 �»wNC ovLaaoeps RENT .GYUNf7EHl RqF.. .1Cic4t3lNJT NUMBER BAkAAICE SNfPP£A eEttlRliED BALAftlEE L£ASEQ TYPR. RAGS Customer Owned Leases 15 R 410 Med high pres 50cf 14 4 1 17 15 DAY 54 .135 7.29 R 411 Med HiPr <50CF W /XRS 1 0 0 1 0 DAY 30 .430 12.90 R 430 Med high pres 50cf 2 1 2 1 0 DAYI 34 .129 4.39 R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 3.95 3.95 TAX: .00 TOTAL VALUE OF CYLINDERS PLEASE NOTE: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE ABOVE 1570.00 BALANCE OF OUR CYLINDERS IN YOUR HANDS IS CORRECT AT THE CLOSE OF 28.53 TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES- DISCLAIMER: Seller warrants all cylinders, equipment. product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders. or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents, and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special. indirect, incidental or consequential damages, whether arising from negligence, warranty. strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires the user to be.. licensed. Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or equipment for any cause, Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written consent of Seller to �,xrend 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 ome 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 a the Sc =;ra'I designate. Customer shall. at its own expense. maintain liability and fire insurance and such other insurance as Seller may request at the +me nr s,r1, ^a5. r :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 :nc -9 urns and :r r. ,.r t r.- r Use c .ems cybn tars J er eLluipme"' a'r le vied upon by any 'egai process such lease shall without notice. immediately terminate and all ❑ghts �t the Customer to pcssession of the cylinders and,lor equipment shall rnmediately terminate. Seller may repossess the same or any part frereut with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and /or equipment. and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder. said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals. merchandise, product and damages due hereunder, and for reasonable attorney's fees and court costs NOTICE OF NON- WAIVER: The tai 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 handl ig ci arges will be made on regularly inventoried merchandise. product, cylinders or equipment returned. Special order items are not subject to return for cred t. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to. return rented cylinders to Seller on demand, be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage: indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions. and be responsible for cylinders or equipment as to proper care, maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE. CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buver 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 he nr of thn federal banknmtrw act LITIGATION In the event of Irt,yatcn the pieva,ling party shall be entitled to be reimbursed for reasonable attorneys fees and costs o+ 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 pad to or imposed by any governmental authority. and all of the charges are retained by Seller. DISCLOSURE STATEMENT Ir c� with she Federal Truth -in Lending Act, it applicable. Buyer may be charged any amount approved by Seller's credit department. subject to the following conuto NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5 PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF S1.00 ON THE BALANCE DUE. 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)) 34667936 $28.53 34667935 $23.30 34667934 $177.15 34667932 $24.35 34692952 $72.85 34692951 $98.62 34692950 $113.76 I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6 20 Clerk- Treasurer VOUCHER NO., WARRANT N 982 Praxair Distribution, Inc. ALLOWED 20 IN SUM OF Dept Ch 10660 Palatine, IL 60055 -0660 $538.56 ON ACCOUNT OF APPROPRIATION FOR Carmel Fire Department PO# Dept. INVOICE NO. ACCT #/TITLE AMOUNT Board Members 1120 34667936 42- 311.00 $28.53 1 hereby certify that the attached invoice(s), or 1120 34667935 42- 311.00 $23.30 bill(s) is (are) true and correct and that the 1120 34667934 42- 311.00 $177.15 materials or services itemized thereon for 1120 34667932 42- 311.00 $24.35 1120 34692952 42- 311.00 $72.85 which charge is made were ordered and 1120 34692951 42- 311.00 $98.62 received except NOV 9 ZOO 1120 34692950 42- 311.00 $113.76 K Fire Chief Title Cost distribution ledger classification if claim paid motor vehicle highway fund