HomeMy WebLinkAbout175571 08/06/2009 CITY OF CARMEL, INDIANA VENDOR: 360202 Page 1 of 1
yf ONE CIVIC SQUARE 982- PRAXAIR DISTRIBUTION INC CHECK AMOUNT: $456.90
CARMEL, INDIANA 46032 DEPT CH 10660
PALATINE IL 60055 -0660 CHECK NUMBER: 175571
CHECK DATE: 8/6/2009
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
1120 4231100 J 33722093 93.82 BOTTLED GAS
1120 4231100 33722094 89.02 BOTTLED GAS
1120 4231100 33722095 53.45 BOTTLED GAS
.1120 4231100 33808694 24.35 BOTTLED GAS
1120 4231100 33808696 143.80 BOTTLED GAS
7- .1120 4231100 33808697 23.56 BOTTLED GAS
1120 4231100 33808698 28.90 BOTTLED GAS
CYLINDER fwvaICE h MQER.
DEMURRAGE RENTAL
INVOICE 33808694
r3ac :::warns x
To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1
Dept. at: 317) 481 -4550 DEPT CH 10660 fwYO10E DATE
PALATINE IL 60055 -0660
800 266 -4369 07/20/09
3a939- t/1:35009
BRN: 982 .AAcOUNT
CITY OF CARMEL FIRE *MMS* LM332
2 CIVIC SQUARE
CARMEL IN 46032 -7543 CITY OF CARMEL FIRE *MMS*
H 2 CIVIC SQUARE
L
L P
T T CARMEL IN 46032
O O
COMMENTS: PO HC TERR
PAYMENT DUE BY: 08/19/09 962
ITEM NUMBER ORD R::# 4fdU0ICE S�1fP DATE BE6}e!Nt tvtwteus fY NDERS END NO GvLWdERS RENT :CYL1AIDERl: RAf AMOUwT
,i: Nl1MSER BALANCE SHMPED AFTdRNEO ,BALANCE LEASE13 TYPE..;: BAYS
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: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE ABOVE
140.00 BALANCE OF OUR CYLINDERS IN YOUR HANDS IS CORRECT AT THE CLOSE OF 24.35
r
BUSINESS ON THE DATE SHOWN ON THIS INVOICE.
TERMS CONDITIONS
These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless
expressly stipulated on this invoice.
WARRANTIES DISCLAIMER:
Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER
WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment,
produc! 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 cy ,i I ent tr e cyPnders ,and or equipment are levier! upon by any legal process. such lease shall, without notice, immediately,
terminate and all rights of the Customer to possession or the cylinders and /or equipment shall immediately terminate. Seller may repossess the same or any part thereof
with or without notice ana with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and
may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims
of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach
by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment
and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's
fees and court costs.
NOTICE OF NON WAIVER:
The failure by the Seller, at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement,
shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand
for strict compliance is hereby waived by the Customer.
RETURNED MERCHANDISE:
Original invoice must accompany merchandise, product, cylinders or equipment returned for credit.
RESTOCKING:
Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to
return for credit.
RENTED CYLINDERS AND ITEMS:
By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented
cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons,
or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or
attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care,
maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS
YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE
CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE.
CUSTOMER'S REPRESEN r f10N C ,7 SOLVEir!„Y.
Buyer rol.resents 10 ::.at B,gof i,,:, CU 11, a 'J ,M/ is debts in the ordinary course of business, that it can pay its debts as they become due, and that Buyer
is solvent within the mearn,ng ot the federal bankruptcy act.
LITIGATION:
In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit.
CLAIMS:
All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery.
SURCHARGES:
The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws
and regulations concerning hazardous materials; charges for handling, delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or
fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller.
DISCLOSURE STATEMENT
In compliance with the Federal Truth -In Lending Act, if applicable, Buyer may be charged any amount approved by Seller's credit department, subject to the following
conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE
CHARGE OF 1.5 PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE.
o a Q CYLINDER arrvo�eE r�a�IB
DEMURRAGE RENTAL
INVOICE 33808696
?i�iPA�E�:�iNUMBEJ3'<'
To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1
Dept. at: 317) 481 -4550 DEPT CH 10660 #ruvoicE:;:;flaTf;:;:;:;:;
PALATINE IL 60055 -0660
800 266 -4369 07/20/09
59173 2/7:79505 BRN 982:: :B:::::::
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
10701 N COLLEGE AVENUE
T T INDIANAPOLIS IN 46032
O 0
COMMENTS: PO k NC TERR I
PAYMENT DUE BY: 08/19/09 962
C
ITF.jA NUMBER: OfiOETi: ,1t :IIdU43Cb $Nfp E?J+:TE.: sECUgnNC exifro¢ns. cruNDEas EnDiNG,? evLwDEag E(9T YLINDEFII.: RATE :jd�JNj'
R
M1fUMBER BAL;MNGf; SHERB:EA RETUawED BALANCE LEASER TXPE RAE'S
Customer Owned Leases 15
R 410 Med high pres 50cf 38 19 16 41 15 DAY 737 .135 99.50
R 430 Med high pres 50cf 7 2 2 7 0 DAY 212 .129 27.35
R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 16.95 16.95
TAX: .00
TOTAL VALUE OF CYLINDERS PLEASE NOTE: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE ABOVE
4480 .00 BALANCE OF OUR CYLINDERS IN YOUR HANDS IS CORRECT AT THE CLOSE OF TOTAL 143'80
BUSINESS ON THE DATE SHOWN ON THIS INVOICE.
TERMS CONDITIONS
These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless
expressly stipulated on this invoice.
WARRANTIES-DISCLAIMER:
Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER
WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment.
product or merchandise delivered, whether based on contract, negligence, warranty. strict liability or otherwise, shall be greater than the price paid for such item in
respect to which such claim is made.
LIABILITY:
Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event,
title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents
caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents,
and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders,
and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in
good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or
loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving
said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved
and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence,
warranty, strict liability or otherwise.
USE RESTRICTIONS:
None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended
to be used as above set forth. nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires
the user to be licensed, Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or
equipment for any cause. Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written
consent of Seller, to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate
any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within
the county, as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at
the time of such leasing. In the event of the insolvency or bankruptcy of the Customer, or in the event the Customer violates any of the terms hereof, or fails to return
the cylinders and /or equipment or in the event the cylinders and or equpment are levied upon by a legal process such 'ease shall without netica, immediately
terminate and all rights of the Customer to possession of the cylinders and /or equipment shall immediately terminate. Seller may repossess the same or any part thereof
with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and
may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims
of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach
by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment
and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's
fees and court costs.
NOTICE OF NON WAIVER:
The failure by the Seller, at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement,
shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand
for strict compliance is hereby waived by the Customer.
RETURNED MERCHANDISE:
Original invoice must accompany merchandise, product, cylinders or equipment returned for credit.
RESTOCKING:
Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to
return for credit.
RENTED CYLINDERS AND ITEMS:
By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seiler on demand, be responsible for any loss of, or damage to rented
cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons,
or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders: reimburse 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 ds 'etas ,i ti.e uro cc ,u 1 ,,r u,.�im_ t!. a' .�n ,r, „r :,��s a= tr.e; ��ec��me a.ie. wid that Br.yer
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:
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 ixuo�cE r.
DEMURRAGE RENTAL
INVOICE 33808697
iiiiPAGEaNUMBERi::; i
To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1
Dept. at: 317) 481 -4550 DEPT CH 10660 1NVQfCE:DAT...
PALATINE IL 60055 -0660
800 266 -4369 07/20/09
59173- 3/7:79506 BRN: 982 a: A.c'.csirJrrTa
LM594
CITY OF CARMEL FIRE D *MS* CITY OF CARMEL FIRE D *MS*
AP H STATION 41
2 CIVIC SQUARE P 2 CIVIC SQUARE
T CARMEL IN 46032 T CARMEL IN 46032
0 O
COMMENTS: PO p HC TERR p
PAYMENT DUE BY: 08/19/09 962
NUA46Eji. ORCIER .:7 tNyQiCE p:: D/.iTE; 9EGIHNINC OYLWOPIf5 EYL1N0 §RS ENDING: CvLWDf9S T. C YL4N0ER R{}T .f .gpljpJ;'
REN
BALANCE SHIPP£0, aESUauED BALANCE 6£ASEC3 TYPE; CLAYS
Customer Owned Leases 15
R 410 Med high pres 50cf 9 27 23 13 15 DAY 0 .135 .00
R 430 Med high pres 50cf 5 2 2 5 0 DAY 152 .129 19.61
R NZ 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
2060.00 BALANCE OF OUR CYLINDERS IN YOUR HANDS IS CORRECT AT THE CLOSE OF T O TAL 23
RLJSINFSS DN THE DATF SHOWN ON THIS INVOICE.
TERMS CONDITIONS
These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless
expressly stipulated on this invoice.
WARRANTIES- DISCLAIMER:
Seller warrants all cylinders. equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER
WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment,
product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in
respect to which such claim is made.
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 r
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 /o, equipment or in the even' the cyl -nders and er equipment arc lev,i ri upon by any legal process sot 'ease shall w.i'hout notice, immediately
terminate and all rights of the Customer to possession of the cylinders andlor equipment sha!I immediately terminate. Seller n t y repossess the same or any part thereof
with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customers property and remove impediments and
may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims
of damage or trespass. physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach
by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment
and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's
fees and court costs.
NOTICE OF 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 riot subject to
return for credit.
RENTED CYLINDERS AND ITEMS:
By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented
cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage: indemnify Seller against all loss arising out of injuries to persons.
or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders: reimburse Seller for any reasonable cost and /or
attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care.
maintenance. loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS
YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE
CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE.
CUSTOMER'S REPRESENTATION OF SOLVENCY:
Buyer represents to Sellcr that Buyer has not ce:as to pay its uebtb 1^ the urclinary curse of hi n, t ,t 4 ,rn ;,,v is they ueconE due and that Buyer
is solvent within the meaning of the federal bankruptcy act
LITIGATION:
In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit.
CLAIMS:
All claims for defective material. shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery.
SURCHARGES:
The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws
and regulations concerning hazardous materials; charges for handling, delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or
fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller.
DISCLOSURE STATEMENT
In compliance with the Federal Truth -In Lending Act, if applicable, Buyer may be charged any amount approved by Seller's credit department, subject to the following
conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE
CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF S1.00 ON THE BALANCE DUE.
o D CYLINDER,
DEMURRAGE RENTAL
INVOICE 33808698
To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1
Dept. at: 317) 481 -4550 DEPT CH 10660 1NV0IG DATE
PALATINE IL 60055 -0660
800 266 -4369 07/20/09
59173- 4/7:79507 BRN: 982:::::: >:Aeco�Nr;:,a,::::
LM595
CITY OF CARMEL FIRE D *MS* CITY OF CARMEL FIRE D *MS*
AP H STATION 44
2 CIVIC SQUARE P 5032 E MAIN STREET
T CARMEL IN 46032 T CARMEL IN 46032
D O
COMMENTS: PO HC TERR N
PAYMENT DUE BY: 08/19/09 962
IT�{ NUDA9R ORORfl' tMUOtCE $k�EP D'�l1'E BEGIfA71r�C CYLINDERS EVLfN�6R5 ENDING:: CKtq�E9S €tEfdT CYL1Alf]ER1:: f?A1'E /j''
NUAABEFt„ BAC:API_>vE 5HfPP..£A AEtURYJ60 BAI.ANGG C£ASEf? TYPE CIA'FS
Customer Owned Leases 15
R 410 Med high pres 50cf 16 5 5 16 15 DAY 30 .135 4.05
R 411 Med HiPr <50CF W /XRS 1 0 0 1 0 DAY 30 .430 12.90
R 430 Med high pres 50cf 2 2 2 2 0 DAY 62 .129 8.00
R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 3.95 3.95
TAX: .00
TOTAL VALUE OF CYLINDERS
PLEASE 1730.00 BALANCE N OTE F UR T I I HANDS K S AT THE CLOSE OF 28.90
S TOTAL:
BUSINESS ON THE DATE SHOWN ON THIS INVOICE.
TERMS CONDITIONS
These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless
expressly stipulated on this invoice.
WARRANTIES DISCLAIMER:
Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER
WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment,
product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in
respect to which such claim is made.
LIABILITY:
Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event.
title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents
caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller. its officers. agents,
and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders,
and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in
good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or
loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving
said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved
and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence,
warranty, strict liability or otherwise.
USE RESTRICTIONS:
None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended
to be used as above set forth. nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires
the user to be licensed, Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or
equipment for any cause, Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized. without prior written
consent of Seller, to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate
any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within
the county. as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at
the time of such leasing. In the event of the insolvency or bankruptcy of the Customer, or in the event the Customer violates any of the terms hereof, or fails to return
the cylinders and /or equipment or in the event the cylinders and 'or equipment are levied upon by any legal process. s ,ch ease shall. without notice. immediately
terminate and all rights of the Customer to possession of the cylinders and /or equipment shall immediately terminate. Seller may epossess the same or any par! thereof
with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and
may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims
of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach
by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment
and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's
fees and court costs.
NOTICE OF NON WAIVER:
The failure by the Seller, at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement,
shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand
for strict compliance is hereby waived by the Customer.
RETURNED MERCHANDISE:
Original invoice must accompany merchandise, product, cylinders or equipment returned for credit.
RESTOCKING:
Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to
return for credit.
RENTED CYLINDERS AND ITEMS:
By accepting rented cylinders or rented equipment. Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented
cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage: indemnify Seller against all loss arising Out of injuries to persons,
or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or
attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care.
maintenance. loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS
YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE
CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE.
CUSTOMER'S REPRESENTATION OF SOLVENCY:
Buyer represents to Seller mat Buyer has :lot Le:'sed to p"y u.e u'dLn, C( t„ r ,.,u l,.t; cis 1 ^c, tecome Jue, oud th b Svc:
Is solvent within the meaning of the federal bankruptcy act
LITIGATION:
In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit.
CLAIMS:
All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery.
SURCHARGES:
The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws
and regulations concerning hazardous materials; charges for handling, delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or
fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller.
DISCLOSURE STATEMENT
In compliance with the Federal Truth -In Lending Act, if applicable, Buyer may be charged any amount approved by Seller's credit department, subject to the following
conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE
CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE.
INVOICE oax� Accau,Fi fwQ�gE>a
07/17/09 LM593 33722093
To Place Orders call Sales
Dept. at: (317) 481 -4550 *PAYMENT DUE BY: 07/27/2009
R
E
M 982 PRAXAIR DISTRIBUTION INC
59173 5/7:79508 T DEPT CH 10660
0 PALATINE IL 60055 -0660
(800) 266 -4369
B
CITY OF CARMEL FIRE D *MS* S CITY OF CARMEL FIRE D *MS*
AP I STATION 45
2 CIVIC SQUARE P 10701 N COLLEGE AVENUE
CARMEL IN 46032 0 INDIANAPOLIS IN 46208
PO b ORDER p ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE
0556710-0010 7/15 982 704 962 OUR TRUCK BNJ NET 10 1
OUANriT.. UANTITY ;CYt.In10Ei3$:
irE+d rrilMB a !T. DESCtziFrip� u�lr lJtJlt v�teE FMC7UlV3
sHtPPea:: B1D Pea Rena:
LOCATION: 982
OX M -AD 9 0 OXYGEN USP AD CL 4.80 43.20
VOL: 126
Lot: 0982919 21 Qty: 9
OX M -M 1 0 OXYGEN USP M CL 17.17 17.17
VOL: 124
Lot: 0982918 01 Qty: 1
ZZZHM 1 0 HAZARDOUS MATERIAL CHARG EA 7.95 7.95
MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00
Subtotal 76.32
T OTAL CYLINDERS SHIPPED: 10 RETURNED: 9
Pay your bills by credit ca rd! Del har e 17.50
Call 1-800-266-4369 to start.
Tax .00
ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE TAXABLE AMOUNT
CHARGE OF 51.00 OR A'FINANCE CHARGE OF ,.5•,. .....fNti/IGEi i
PER MONTH (IBY. ANNUAL RATE) OF THE p
OUTSTANDING BALANCE. WHICHEVER IS GREATER.
M�U 93 .02
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 Custorer 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 t
loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving
said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved
and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence,
warranty. strict liability or otherwise.
USE RESTRICTIONS:
None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended
to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires
the user to be licensed. Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or
equipment for any cause, Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written
consent of Seller, to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate
any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within
the county, as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at
the time of such leasing. In the event of the insolvency or bankruptcy of the Customer. or in the event the Customer violates any of the terms hereof, or fails to return
the cylinders and/or equipment or .n the event the cylinders and or eq ipment ar, lu ,od upo^ b, c Iega' p, ress su -h 'tease raia!I wRho:it notice. immed�atefly
terminate and all rights of the Customer to possession of the cylinders and -or equipment shall immediatciy terrrnnate Seller may repossess the same or any part mereot
with or without notice and with or without legal process. and Seller and its agents are hereby authorized to go upon Customers property and remove impediments and
may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims
of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach
by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment
and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's
fees and court costs.
NOTICE OF 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 Se!w, B <uyer his o f ceasr. ti I 5 „r5 Of r a �t i, is they ue .oine dc a a
e, zm,i t
is solvent within the mean of the federal bankiutAcy act
LITIGATION:
In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit.
CLAIMS:
All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery.
SURCHARGES:
The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws
and regulations concerning hazardous materials; charges for handling, delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or
fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller.
DISCLOSURE STATEMENT
In compliance with the Federal Truth -In Lending Act, if applicable, Buyer may be charged any amount approved by Seller's credit department. subject to the following
conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE
CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF 51.00 ON THE BALANCE DUE.
INVOICE C O[1NT. fNV.C1aCE E#
07/17/09 LM594 33722094
To Place Orders call Sales
Dept. at: (317) 481 -4550 *PAYMENT DUE BY: 07/27/2009
R
E
M 982 PRAXAIR DISTRIBUTION INC
59173- 6/7:79509 T DEPT CH 10660
PALATINE IL 60055 -0660
(800) 266 -4369
B
CITY OF CARMEL FIRE D *MS* 5 CITY OF CARMEL FIRE D *MS*
AP I STATION 41
2 CIVIC SQUARE P 2 CIVIC SQUARE
CARMEL IN 46032 o CARMEL IN 46032
PO M ORDER p ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE
0556780 -00 7/15 982 704 962 OUR TRUCK BNJ NET 10 1
CIOANTff LANTITY
CM£IN6E#iSi
ITEM: NUMBER SHPP6a:: eiD if;i pESCRkP ?iA( £3Nk7 4?i1iT ➢RtE AhFlOtJI1tT
SHfPPEO R2T
LOCATION: 982
OX M -AD OXYGEN USP AD L 4.80 38.40
VOL: 112
Lot: 0982919 21 Qty: 8
OX M -M 1 0 OXYGEN USP M CL 17.17 17.17
VOL: 124
Lot: 0982919 O1 Qty: 1
ZZZHM 1 0 HAZARDOUS MATERIAL CHARG EA 7.95 7.95
MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00
Subtotal 71.52
TOTAL CYLINDERS SHIPPED: 9 RETURNED: 10
Pay your bills by credit ca rd! Del Charge 17.50
Call 1-800-266-4369 to start.
Tax .00
TAXABLE AMOUNT [n' r
ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE 11 Y:;V,OI�.+
CHARGE OF 51.00 OR A FINANCE CHARGE OF 1.5% V
PER MONTH (16% ANNUAL RATE) OF THE
OUTSTANDING BALANCE, WHICHEVER IS GREATER. .00 ����.�t��,AI
:''/y7y)::::'::: 89 02
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, indemnity and hold harmless Seller. its officers, agents,
and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders,
and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in
good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or
loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving
said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved
and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence.
warranty, strict liability or otherwise.
USE RESTRICTIONS:
None of the above cylinders and /or equipment shall be sublet or loaned by the Customer. nor shall it be removed from the location of the job for which it was intended
to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires
the user to be licensed, Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or
equipment for any cause, Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized. without prior written
consent of Seller. to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate
any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within
the county. as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at
the time of such leasing In the event of the insolvency or bankruptcy of the Customer, or in the event the Customer violates any of the terms hereof, or fails to return
the cylinders and /or equipment or in the event the cylinders and o equipment are levied upon by any legal process uch lease shall, without notice immediately
terminate and all rights of the Customer to possession of the cylinders and /or equipment shall mmediateiy terminate. Saber 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 anv loss of, or damage to rented
cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage: indernnify 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 ScAer that Buyer has "ol ceased to p,,/ in the n,r; �_.;rsr r. .ne�,_ i�,.0 r cdn i���, �,r�.��s a�� tr.;; rr,:,,me our ana mat 6, v,
Is solvent within the meaning of the federal bankruptcy act
LITIGATION:
In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit.
CLAIMS:
All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery.
SURCHARGES:
The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws
and regulations concerning hazardous materials; charges for handling, delivery and shipping: and /or charges for energy or fuel. None of the charges represent a tax or
fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller.
DISCLOSURE STATEMENT
In compliance with the Federal Truth -In Lending Act, if applicable, Buyer may be charged any amount approved by Seller's credit department. subject to the following
conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE
CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE.
1p a Q
INVOICE
07/17/09 LM594 33722095
To Place Orders call Sales
Dept. at: (317) 481 4550 *PAYMENT DUE BY: 07/27/2009
R
E
982 PRAXAIR DISTRIBUTION INC
5917 3 7/7:79510 T DEPT CH 10660
PALATINE IL 60055 0660
(800) 266 -4369
B
CITY OF CARMEL FIRE D *MS* S CITY OF CARMEL FIRE D *MS*
AP I STATION 41
0 2 CIVIC SQUARE P 2 CIVIC SQUARE
CARMEL IN 46032 0 CARMEL IN 46032
PO b ORDER M ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE
0556813 -00 7/15 982 704 962 OUR TRUCK BNJ NET 10 1
I DUANT/T QUANTITY :CVLIPIDERS:
4TEM ht(M9ER sHiPPEn:: etD. iFEM �3E5CJ71A1lON UNtX ltN1T PRttF AMUl11V:T
rV. SN PPED .RET!D::
LOCATION: 982
OX M -AD E 0 OXYGEN USP AD CL 4.80 24.00
VOL: 70
Lot: 0982919 21 Qty: 5
ZZZHM 1 0 HAZARDOUS MATERIAL CHARG EA 3.95 3.95
MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00
subtotal 35.95
T OTAL CY IN ER SHIPPED: 5 RETURNEE: 0
Pay your bills by credit card! Del Charge 17.50
Call 1-800-266-4369 to start.
Tax .00
ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE TAXABLE AMOUNT
CHARGE OF 51 00 OR A FINANCE CHARGE OF 1.5% :O'�'�'
PER MONTH ANNUAL RATE THE 00 RIVIOUI�I 53.45
OUTSTANDING G BALANCE, WHICHEVER VER ER IS GREATER.
TERMS CONDITIONS
These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless
expressly stipulated on this invoice.
WARRANTIES- DISCLAIMER:
Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER
WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment.
product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in
respect to which such claim is made.
LIABILITY:
Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event.
title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents
caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents,
and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders,
and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in
good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or
loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving
said cylinders and /or equipment. Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved
and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence,
warranty, strict liability or otherwise.
USE RESTRICTIONS:
None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended
to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer. except by prior written consent of Seller. If the law requires
the user to be licensed. Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or
equipment for any cause, Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written
consent of Seller, to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate
any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within
the county, as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at
the time of such leasing. In the event of the insolvency or bankruptcy of the Customer. or in the event the Customer violates any of the terms hereof, or fails to return
the cylinders and:or equipment or m the evert tr,e and o! eq ale 'ev,er+ .ipon hr Ie(1Rl ;).cress ease shall VO!hout notice immedately
terminate and all rights of the Customer to possession of the cylinders and equipment shag :mn ;ately terminate Seller may repossess the same or any part the ect
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 compliances 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 Serer it gat Buyer has n,r ..i�a,e_u to p 1, !A, 111 u r.ow a w gnu ar F;r,yer
is solvent within the meaning of the federal bankruptcy act
LITIGATION:
In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit.
CLAIMS:
All 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 Seiler'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 t5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF 51.00 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))
33722095 $53.45
33722094 $89.02
33722093 $93.82
33808698 $28.90
33808697 $23.56
33808696 $143.80
33808694 $24.35
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 NO.
982- 0raxair Distribution, Inc. ALLOWED 20
IN SUM OF
Dept Ch 10660
Palatine, IL 60055 -0660
$456.90
ON ACCOUNT OF APPROPRIATION FOR
Carmel Fire Department
PO# Dept. INVOICE NO. ACCT #!TITLE AMOUNT Board Members
1120 33722095 42- 311.00 $53.45 1 hereby certify that the attached invoice(s), or
1120 33722094 42- 311.00 $89.02 bill(s) is (are) true and correct and that the
1120 33722093 42- 311.00 $93.82
materials or services itemized thereon for
1120 33808698 42- 311.00 $28.90
1120 33808697 42- 311.00 $23.56 which charge is made were ordered and
1120 33808696 42- 311.00 $143.80 received except
1120 1 33808694 42- 311.00 $24.35
AUG -3 2009
n
Fire Chief
Title
Cost distribution ledger classification if
claim paid motor vehicle highway fund