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177084 09/15/2009 -1 0 CITY OF CARMEL, INDIANA VENDOR: 360202 Page 1 of 1 ONE CIVIC SQUARE 982-PRAXAIR DISTRIBUTION INC CHECK AMOUNT: $716.91 CARMEL, INDIANA 46032 DEPT CH 10660 PALATINE IL 60055-0660 CHECK NUMBER: 177084 CHECK DATE: 9/15/2009 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1120 4231100 33989832 64.14 BOTTLED GAS 1120 4231100 33989833 130.19 BOTTLED GAS 1120 4231100 33989834 48.65 BOTTLED GAS 1120 4231100 34104350 25.03 BOTTLED GAS 1120 4231100 34104352 165.47 BOTTLED GAS 1120 4231100 34104353, 24.20 BOTTLED GAS 1120 4231100 34104354 27.31 BOTTLED GAS 1120 4231100 34142525 153.55 BOTTLED GAS 1120 4231100 34142526 78.37 BOTTLED GAS CYLINDER 1NacaaeE run�aR_' DEMURRAGE RENTAL INVOICE 34104350 To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: 317) 481 -4550 DEPT CH 10660 1NV0lCE DATE PALATINE IL 60055 -0660 800 266 -4369 08/20/09 33623 1/1:33691 BRN 982 ACCOUNT 8 CITY OF CARMEL FIRE *MMS* LM332 2 CIVIC SQUARE CARMEL IN 46032 -7543 CITY OF CARMEL FIRE *MMS* a H 2 CIVIC SQUARE T �I�n�InIIIIInI�IIn�I�I�n�n�nInIII�I�I� T CARMEL IN 46032 O o COMMENTS: PO k HL TERR Y PAYMENT DUE BY: 09/19/09 962 ITEM WJAt6ER O kNUOiCE $HIP DATE YP 7. CYU VEA4 NUMBER BALANCE SHfPPEO RETILMM BALANCE_ RATE.;: AMOUNT R 410 Med high pres 50cf._ 2 0 0 2 0 AY 62 .340 21.08 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 TC3TAL.___ 25.03 BUC!NFQ.0 nN Tup np TP CNnI!N nAI TWIC Inlvnf/ C TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, u: 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 leas rg 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 1 I I 1 1, r I, I o I -,r tense �n .6th o'�re meth lteh, ter,n.n ;Ce ar ,1 1 ncj It Cr.. ten 'r t, S ss o-1 of trl� cyw ^ol,. .ti .wd Or equ j;''e'' invmc�)t, lc. y "I' l"t( .3 n iy repoF I, Or dr,'V p,311 P I votn or without nonce ar,d w or c ✓rthout �ega, proce 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 s 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 tems 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 fn 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 Ct C19F OF RIISINFSS ON 1 Hi GATE SHOVIN ON THIS INVOICE CUSTOMER S REPRESENTATION Of SO,_:rEiVCi BuyE[ repre5ent5 tc Sr r r I I V1,1: t Can is ue,Jt, as they r6C:d wiu JnJ hid: bi yF r is solvent within the rtlt rn, iy :f Vet: 16'!e' it L annRrptcy 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 Ir compliance wiln the Federal Truth -In Lending Act, if applicable. Buyer may be charged any allIOLint approved by Seller's credit department, subject to tne'c coed Luns 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 1, IONTH (ANNUAL PERCENTAGE RATE OF 18 °0) OR A MINIMUM OF $1.00 ON THE BALANCE DUE. o o a CYLINDER >::irivaicf raa- J DEMURRAGE RENTAL INVOICE 34104352 To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: (317) 481 -4550 DEPT CH 10660 ivoice iaTf PALATINE IL 60055 -0660 800 266 -4369 08/20/09 57780 7/3:72946 BRN: 982 CITY OF CARMEL FIRE D *MS* LM593 AP 2 CIVIC SQUARE CITY OF CARMEL FIRE D *MS* CARMEL IN 46032 -7543 H STATION 45 10701 N COLLEGE AVENUE T INDIANAPOLIS IN 46032 0 0 COMMENTS: 0 HC ERR PAYMENT DUE BY: 09/19/09 962 OFTOHR, CYLMIDEItS RA AtAtyIJNT:. TF,fA $�P b�T SEGURII C CriWtlfRS ENWNG. CvLWDF95 RENT CY[.iNE]ERt AI.AN E SHIPR£A NET BALANCE B ££hSER TYPE RAYS Customer Owned Leases 15 R 410 Med high pres 50cf 41 12 10 43 15 DAY 824 .135 111.24 R 430 Med high pres 50cf 7 3 0 10 0 DAY 289 .129 37.28 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 5310 .00 BALANCE OF OUR CYLINDERS IN YOUR HANDS IS CORRECT AT THE CLOSE OF 165.47 BUSINESS ON THE DATE S HOWN 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 there 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 liahihty 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 lilt .i It I I I 1 1 I or rr ,,,.,.h inn n 0—il „irhn,rt entire irrmediatpiv termin'O aro ,11 ­11 c of I r r... u N .c uses, .aide o ,iry part ere.' with or wanout nouc.e a ^d Teri cr w c dnout legal proess. and Sever ar,d its agents are r,ereby authorrao tr, gc upon Customer's property aria remove rmpedimer,fs 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 ludgemert 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, conddions 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, condit and 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 Specrat 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) urrt.l they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDFR RENTAL BALANCE OF nUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINFSS ON THE DATF SHOW N ON THIS INVOICF CUSTOMERS REPflEStfITA7;n;! Cf- `-,CLvEi•!C`.' Br,yF -rp tr, b y, r i- I a1 `:,,It d (w tier y be, omn dill' r.,d t' 5i er Is solvent within the rn,.r K 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 1• r:." ,v cf .'r. 'h„ Tr,ith In I_r.. nr A.' .i;'t dcal it Buyer in ,y be any arrow I try credit departme Subject to'hc fol!ow rnnditi(,ns NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS ALI'INVOICES UNPAID 30 DAYS FROM DELIVERY ARF SUBJFCT TO A ATF CHAHI +E Ol' 1 b PER MONTH (ANNUAL PERCFNTAGE RATE OF 18 OR A MINIMUM OF S1 00 ON THE BALANCE DUE r p.a a o n CYLINDER cnreaacE r ..M ..F °�z__I LnS DEMURRAGE RENTAL INVOICE 34104353 To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: (317) 481 -4550 DEPT CH 10660 irvQicEti�;;; PALATINE IL 60055 -0660 800 266 -4369 08/20/09 57780 2/3:72947 BRN: 982 LM594 CITY OF CARMEL FIRE D *MS* CITY OF CARMEL FIRE D *MS* R AP s STATION 41 2 CIVIC SQUARE P 2 CIVIC SQUARE T CARMEL IN 46032 T CARMEL IN 46032 0 O COMMENT PO k TERR N PAYMENT DUE BY: 09/19/09 962 IT�ivt (J1JAf9PR OR�Efl:.ft tMUolce SHfF 4?ATP;: R cRuimEas 93A0.0.. HEGINNI,NE EYIWEES FNdNG EYLWdf95 REMT CYk1fJf]f;81:: NUP08ER BAk1iA10E SHfPFi:EA REacignlEU BALANCE f.EASEt? TYPE R/aYS. RATS Customer Owned Leases 15 R 410 Med high pres 50cf 13 15 18 10 15 DAY 0 .135 .00 R 430 Med high pres 50cf 5 2 2 5 0 DAY 157 .129 20.25 R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 3.95 3.95 TAX: .00 TOTAL VALUE OF CYLINDERS PLEASE T OF 1850.00 BALANCE OF I I HANDSK S CORRECT AT THE CLOSEOOF jy 24.20 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 ail 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 removea 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 leasinq 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 Inu cy urcl,;is I ,,t ',I �r, rl.r. :rl,_. I ..f_nI( W i r,, 1 1,1­t '1,11,11 '1,11,11 ,•ham ;It notiro immarliatn!y terminate and a'd nrlht5 �tt r Istomx 1", >s�un ut III, r yrnvic S and or cq,IipnE9 Al nurc n' n,rr t n,:, r „h assess !ne same or any part thereof with or without notice and Yvan or without legal process, and Seilef and its agents are hereby autliocrcJ gc 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 he. eof. 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 SHObVP: ON THIS INVOICF CUSTOMER S REPRESENTAT;Jt' iF- Sr)i tvL ?,C B.,ve p Sc I 1 1. 1. r i, Il Ue:: O' ^e Uu• nr`a fY,at er Is Solvent w,11nm the I`.Ea I I i s 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 v ce r/,tl, :he F.. t, T Lr..: a A, alq r,�ah Iv ,yr,r ^ivy I cra t i­y 'tr ar:: ,ved by Salle- s creoil depari ent. subject to the `,Vnalna co ^a4 —s NO LATE CHARGE IF THE ACCOUNT IS PAID k ^JITHIN 30 DAYS ALL !PdVOICES I NPAiD 30 DAYS FROM DELIVERY ARE SUBJFCT TO A LATE CHARGE OF 1 5' PER MONTH tANNUAL PERCENTAGE RATE OF 18 1 0) OR A PAINIMUM OF S1.00 ON THE BALANCE DUE =i= IJ D a a CYLINDER >>xu41eE:r� DEMURRAGE RENTAL INVOICE 34104354 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 08/20/09 57780 3/3:72948 BRN 982 LM595 CITY OF CARMEL FIRE D *MS* CITY OF CARMEL FIRE D *MS* a AP STATION 44 2 CIVIC SQUARE P 5032 E MAIN STREET T CARMEL IN 46032 T CARMEL IN 46032 O O COMMENTS: O N C ERR b PAYMENT DUE BY: 09/19/09 962 tMVO£CE $fi£P pA7ir_;�"u?!NC criDrD¢.RS CUNUERS FND161G: CYLWDEBS REMT CYk1N1]EH1(,' ?;g� NUMBFR HAkAA1Gk SHIPP.£D aexORaEn BAl A VGE L£ #SER TYPE: ,;RAYS Customer Owned Leases 15 R 410 Med high pres 50cf 16 11 13 14 15 DAY 15 .135 2.03 R 411 Med HiPr <50CF W /XRS 1 0 0 1 0 AY 31 .430 13.33 R 430 Med high pres 50cf 2 0 0 2 0 AY 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 NOTE: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE ABOVE 1590 .00 BALANCE OF OUR CYLINDERS IN YOUR HANDS IS CORRECT AT THE CLOSE OF 27.31 BUSINESS ON THE DATE SHOWN ON THIS INVOICE. 0 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. Custorer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the tlmo of such I?nsinn In tho avent of the insolvencv or bankruptcy of the Customer. or in the event the Customer violates any of the terms hereof, or fails to return 11 ,r. I .1 1 1 1 1 I c q "1':r r 11 ,.:.nru' natire. ;M— edlalev tew` lnoie 3r: j' (,t 1' _c J c, E'I ,'IE att r pu i',e ,.rme any part eot with or without notice and with or without legal process, and Seller and its agents are hereby authorized tc 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 dernand 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 CYUN'DFR RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINFSS ON TF'F DATE ON THI; INVOICE CUSTOCt_,' R: PEE.. C l, T "r ,.r SLi,'.. b t- b y r_eccl Gayer is solve" t uv'dhrt�, tilt, r',t 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 I: (oml.' a! cc v✓.th tr,c r('JP[a Truth L! LO".du,j A-I i' appLca: le Bl,yer n ay be chargad any amount ,tpp!(n by Soilers credit department subject to the fo!Inwing conditions NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS ALL INVOICES UNPAID :SO DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5 PER MONTH (ANNUAL PERCENTAGE RATE OF 18 °0) OR A MINIMUM OF 51.00 ON THE BALANCE DUE. O U INVOICE OA 5iACCOUNSii.... IN1/010E niUMBpA 08/13/09 LM593 33989832 To Place Orders call Sales Dept. at: (317) 481 -4550 *PAYMENT DUE BY: 08/23/2009 R E M 982 PRAXAIR DISTRIBUTION INC 10264- 1/3:13196 T DEPT CH 10660 PALATINE IL 60055 -0660 CITY OF CARMEL FIRE D *MS* (800) 266 -4369 B AP e L 2 CIVIC SQUARE S CITY OF CARMEL FIRE D *MS* L CARMEL IN 46032 -7543 STATION 45 0 P 10701 N COLLEGE AVENUE o INDIANAPOLIS IN 46208 PO Y ORDER M ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE 0816712 -00 8/11 982 704 962 OUR TRUCK BNJ NET 10 1 DUMMY UANTITY. CVlINOfft$: ITEM ptuMBER„ iTEtii DESCRIP:ji4N UNkX :lJNtt VI?tCE AMOUN7 SHtPPEtT! Bf0 WPEO RET'U:- LOCATION: 982 OX M -AD 0 OXYGEN USP AD L 4.80 33.60 VOL: 98 Lot: 0982922 21 Qt,T: 7 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 5.04 5.04 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subtotal 46.64 TO TAL CYLINDER SHIPPED: 7 RETURNED: 5 Pay your bills by credit card! Del Ch ar3e 17.50 Call 1-800-266-4369 to start. T x .00 ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE TAXABLE AMOUNT CHARGE OF S1.00 OR A FINANCE CHARGE OF 1.5'/. PER MONTH 118% ANNUAL OF THE 00 AMOUNT' 64 .14 OUTSTANDING BALANCE, WHICHEVER IS GREATER. TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED.. AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event. title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its 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 taw. Seller will not be liable for any special. indirect, incidental or consequential damages, whether arising from negligence, warranty strict liabilrty 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 tho ncnl,,pnry or hankruntry of the Customer. or in the event the Customer violates any of the terms hereof, or fails to return te" Ve i rIr �I t'ic: y i i 1 I, Eq i �t ".iii .011^1 did; y i,'in ^n.ilE' S q redos,o,s Ine "di"In Or tiny Dart tr +'ev' vvrth or without nuLCe an,r c !;i or witnout laga, process, and Serer and its agents are nereby 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 darnages 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, cond :tons 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 ACKNOWLEDGMFN` THAT THE CYLINDER RFNTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BU ;INFSS ON 7HE_ DATE SHOWN ON THIS INVOICE CUS .E ?JF L F rt ,i i II f...'. rl.,, i. I,y 1160 iii, "l i i,i H,qi IS SC `.'E r.t .ti I I I t. PI Ln. ,h' 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 I in with the Federal Truth -In Lending Act, it applicable. Buyer may be charged any amount approved by Sellers credit department, subject to the fo ;�D, ,ing n 1 rorti 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 a) OR A MINIMUM OF S1.00 ON THE BALANCE DUE. INVOICE OAt£ i NT::aY 1NV.Q1C£ NUMBER: 08/13/09 LM594 33989833 To Place Orders call Sales Dept. at: (317) 481 -4550 *PAYMENT DUE BY: 08/23/2009 R E 982 PRAXAIR DISTRIBUTION INC 10264- 2/3:13197 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* L H AP I STATION 41 2 CIVIC SQUARE P 2 CIVIC SQUARE CARMEL IN 46032 0 CARMEL IN 46032 PO p ORDER b ORDER DATE BRANCH $LS TERR SHIP VIA TERMS PAGE 0816377-00 982 704:962 OUR TRUCK BNJ NET 10 1 QUANTtT. uAMITV CAL n10ERS: ITEM _fJ11MBER iF£M 13ESCRIRiDN k1CtIT :IJN1T flRlC£: 4MOl1IVT SNIPPED:: 810., MORO RBTV LOCATION: 982 OX M -AD 13 0 OXYGEN USP AD L 4.80 62.40 13 13 VOL: 182 Lot: 0982922 21 Qty: 13 OX M -M 2 0 OXYGEN USP M CL 17.17 34.34 2 2 VOL: 248 Lot: 0982921 Ol Qty: 2 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 7.95 7.95 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subt 112.69 TOTAL CYLINDERS SHIPPED: 15 RETURNED: 15 Pay your bills by I redit card! Del ar e 17.50 Call 1- 800 266 -436 to start. T x .00 LAP�AST A $EPVICE TAXABLE AMOUNT .00 OR A FINANCE CHAR DUE WILL BE CHARGED GE OF I U1 C E 8% ANNUAL RATE) OF THE 1 BALANCE, WHICHEVER IS GREATER. 00 n 1 30. 1 7 TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES- DISCLAIMER: Seller warrants all cylinders, eco pment, 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 cyenders 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 r r rfry of }ho r ;,stnmer or in the event the Customer violates any of the terms hereof, or fails to return ter ,na• �i,u c,� 1.. ''.c' G ,s :.s:.,n g ot J.,, r y J(: n a o, r y., ril t s. ia mm(•d it :a "'r „rte S& wdy e t, s,rrce any pa t fhere;v to cr without notice ano o. 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 dernand 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 attorneys 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 DATF SHOWN ON THIS INVOICE CUSi&, SLN11 JI- ',,)LW NI.I is Solvent within tnr g ..t tho fudo,w t d ".rr,l tcy .ICI 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 t, an,e „th ^ie Federal Truth -In Lending Act, if applicable. Buyer may be charged any amount approved by Sellers credit department, subject to the following Currlhons NO LAIF 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 Onff :<nG�pULST'� 1NVCi1C£ iv:UNiBER,.::i 08/13/09 LM595 33989834 To Place Orders call Sales Dept. at: 317 481 4550 *PAYMENT DUE BY: 08/23/2009 R E 982- PRAXAIR DISTRIBUTION INC 10284- 3/3:13198 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 STATION 44 2 CIVIC SQUARE P 5032 E MAIN STREET o CARMEL IN 46032 o CARMEL IN 46032 PO I ORDER p ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE 0817884 -00 8/11 982 704 962 OUR TRUCK BNJ NET 10 1 DUANTLT: UANTITY CVl InlDEftS: ITEM :NllMBER iT£M DESCRIPI'iDN t1NIT 'UN1T YR4£: AMQUNT SHiPPELY::. Bi0 SH/PPEO :RET'D:. LOCATION: 982 OX M -AD 4 0 OXYGEN USP AD L 4.80 19.20 VOL: 56 Lot: 0982922 21 Qty: 3 Lot: 0982922 22 Qty: 1 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 3.95 3.95 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subt otal 31.15 TOTAL CYLINDERS SHIPPED: 4 RETURNED: 6 Pay your bills by c redit card! Del Ch arje 17.50 Call 1-800-266-4369 to start. T x .00 TAXABLE AMOUNT ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE lNVO1GE: CHARGE OF $1.00 OR A FINANCE CHARGE OF 1.5% I PER MONTH ANNUAL RATE) 01 THE 00 �^.�o� 48.65 OUTSTANDING G BALANCE, WHICHEVER IS GREA T ER. 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 r h� a ;rc mer nr h, the event the Customer violates any of the terms hereof, or fails to return •'.I 0 10 1 .,It( ni, V LW—e— 1 5.,I11e uldny PAIL 1 1 1 1 •V tl or V.,tl) out nuLCti a,u Cr vntnc,ut I1Jd process, anu be er and its agents are nereoy authorized fu 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 returnee. 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 attorneys 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 0ATF SHOWN ON THIS INVOICE CUSTO ,fir ,r _Vi_W_. Is SO ;VCI`.t with,, tri, ^N t 'I LT,K'Uptiy ar.t LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbursed ter reasonable attorney's fees and costs of suit. CLAIMS: All claims for detective material, shortages and discrepancies are waived unless made In writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, Including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials, charges for handling, delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT v nl I ".e I dc[ ll Truth In Lending Act. if applicable. Buyer may be charged any amount approved by Seller's credit department, subject to the foaewuig ns NO L A I F CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHP.RGF OF 1 5 PER MONTH (ANNUAL PERCENTAGE RATE OF 18 0 '0) OR A MINIMUM OF $1.00 ON THE BALANCE DUE. I ii INVOICE iACCDUNT: 1NVQ1L'E nlUrviBER.:�:�: 08/26/09 LM593 34142524 To Place Orders call Sales Dept. at: (317) 481 -4550 *PAYMENT DUE BY: 09/05/2009 R E M 982 PRAXAIR DISTRIBUTION INC 4 4091- 5/7:60203 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* L AP STATION 45 2 CIVIC SQUARE P 10701 N COLLEGE AVENUE CARMEL IN 46032 o INDIANAPOLIS IN 46208 PO I ORDER a ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE 0942879 -00 8/24;982 704 962 OUR TRUCK BNJ NET 10 1 OUANTVT. lMf9iITY GYtINDf R ITEM M1JIJMBER iTEM: DESLRIFI'iDN :I: UNIT JJN1i PRICE �AIVI�UN. T sHCPPEO> BiD SHORED :nT'v:: LOCATION: 982 OX M -AD E 0 OXYGEN USP AD CL 4.80 24.00 VOL: 70 Lot: 0982923 21 Qty: 5 OX M -M 1 0 OXYGEN USP M L 17.17 17.17 VOL: 124 Lot: 0982922 O1 Qty: 1 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 6.18 6.18 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 subtotal 55.35 TO TAL CY IN ER SHIPPED: 6 RETURNEE: 5 Pay your bills by credit card! Del Ch 17.50 Call 1-800-266-4369 to start. Tax .00 TAXABLE AMOUNT ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE INVOICE CHARGE OF SI.00 OR A FINANCE CHARGE OF 1.5% PER MONTH (IB% ANNUAL RATEI OF THE p0 AIVIOUNT 72.85 OUTSTANDING BALANCE, WHICHEVER IS GREATER. TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings. unless expressly stipulated on this invoice. WARRANTIES-DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract. negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its 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 tirne 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 'i— of such leasing In the event of the insolvency or bankruptcy of the Customer, or in the event the Customer violates any of the terms hereof, or fails to return the cyi,r.ders and or egwument oi in the event the cylinders and -or equipment are levied upon by any legal process such lease shall without notice. immediately terminate and all rights of 'he Customer m possession of the cylinders and/or equipment shall immediately terminate. Seller may repossess the same or any part thereof with or Without notice and with or without legal process. and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass. physical or pecuniary. caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's fees and court costs. NOTICE OF NON WAIVER: The failure by the Seller. at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage: indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and/or attorneys 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. CUSTOMERS REPRESENTATION OF SOLVENCY: Buyer represent, !o Seller U -at Buyer has not ceased to pay it, ueuis In the ordinary couise nt bus ress. that it can pay is debts as they become due, and tnat Buyer is solvent within the meaning of the federal bankruptcy act LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: All claims for defective material. shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials: charges for handling, delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT In compliance with the Federal Truth -In Lending Act, if applicable, Buyer may be charged any amount approved by Seller's credit department, subject to the following conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. INVOICE DATE IGCE7UNL tNVO,CE NyroBER 08/26/09 LM594 34142525 To Place Orders call Sales Dept. at: 317 481 -4550 *PAYMENT DUE BY: 09/05/2009 R E 982- PRAXAIR DISTRIBUTION INC 440 6/7:60 204 T DEPT CH 10660 T PALATINE IL 60055 -0660 (800) 266 -4369 R CITY OF CARMEL FIRE D *MS* s CITY OF CARMEL FIRE D *MS* AP STATION 41 2 CIVIC SQUARE P 2 CIVIC SQUARE o CARMEL IN 46032 o CARMEL IN 46032 PO b ORDER N ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE 943094-0008/ 4 982 962 OUR TRUCK BNJ NET 10 1 OUANTT 14ANTITY GVLINDEAS TEM NUMBER i7EM`bESCI?IFJ ON UNIT l NiT McE AMOUNT SHtPPFD; 810 SHN+PEO RET'D LOCATION: 982 OX M -AD ic 0 OXYGEN USP AD L 4.80 48.00 IC 1C VOL: 140 Lot: 0982923 21 Qty: 10 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 7.20 7.20 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subt otal 63.20 TO TAL CYLINDERS SHIPPED: 10 RETURNED: 10 Pay your bills by credit card! Del Ch 17.50 Call 1-800-266-4369 to start. T x .00 TAXABLE AMOUNT IV OI�C ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE CHARGE OF $1.00 OR A FINANCE CHARGE OF 1.5% PER MONTH ANNUAL RATE) THE 00 O ,T 80 OUTSTANDING G BALANCE, WHICHEVER IS GREATER. IY1 'u;... O 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 tn cf surh leasing fn 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 r,y .end w pm,ent or in the eve the cylinders and or equipment are levied upon tr any legal process such lease shall without notice Immediately terminate and all lights 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 withoct legal process, and Seiler 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: Buyc' 'eure5ents ru In.rt buye r,„s t ceased to poy 'S JebtS in the o,d,nary of buswess 'hat d can pay its debts as they oecome 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 aedit 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 1 0 PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF S1.00 ON THE BALANCE DUE. p,Q' o n -Q INVOICE ©ASE Aca1N�: NQ.�.�.R�gt�: 08/26/09 LM595 34142526 To Place Orders call Sales Dept. at: 317 481 -4550 *PAYMENT DUE BY: 09/05/2009 R E 982- PRAXAIR DISTRIBUTION INC 44091 7/7:60205 DEPT CH 10660 0 PALATINE IL 60055 -0660 (800) 266 -4369 B 1 CITY OF CARMEL FIRE D *MS* S CITY OF CARMEL FIRE D *MS* L AP STATION 44 0 2 CIVIC SQUARE P 5032 E MAIN STREET CARMEL IN 46032 0 CARMEL IN 46032 PO k ORDER n F ID" DATE 0943260 -00 8/24 982 704 962 OUR TRUCK BNJ NET 10 1 QUANTITY UANTITY CYLIMPER$ MUMMER 1TEM:DEfiCRIF1iDN L1Nti liNl4 PRICE> AMCIUNT :'SW IN e70.::. 1PPE0 :RET'�: LOCATION: 982 OX M -AD E 0 OXYGEN USP AD L 4.80 28.80 VOL: 84 Lot: 0982922 22 Qty: 5 Lot: 0982923 21 Qty: 1 OX M -M 1 0 OXYGEN USP M CL 17.17 17.17 VOL: 124 Lot: 0982922 01 Qty: 1 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 6.90 6.90 MSCFC I 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subt otal 60.87 T OTAL CYLINDERS SHIPPED: 7 RETURNED: 8 Pay your bills by credit card! Del Ch 17.50 Call 1-800-266-436S to start. Tax .00 L I TAXABLE AMOUNT couNTS PAST DUE WILL BE CHARGED A SERVICE l' V V OIL nc V C CHARGE OF SI.00 OR A FINANCE CHARGE OF I.5% tR PER MONTH (18% ANNUAL RATE) OF THE nA 1 1^ p OUTSTANDING BALANCE, WHICHEVER IS GREATER. A ,Y'I�VI V�: 78 .37 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 fine 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,:nders and or egwpment or in the event the cyl nders and or equipment are levied upon by any legal process such lease shall. Without notice. immediately terminate and all rights of the Customer to possession of the cylinders and /or equipment shall immediately terminate. Seller may repossess the same or any part thereof with or without notice and with or without legal process. and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder. said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder. and for reasonable attorney's fees and court costs. NOTICE OF NON WAIVER: The failure by the Seller. at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants.. conditions and /or terms hereof. Notice of demand for strict 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 epresenG <c Sallee th it Bi ,Y�r I "s nc ceased to pay its numb in inc ,.hn.iiy course of [wsiness. that it can pay its debts as they become due- and that Br,y? is solvent within the meaniny of the fcdetal 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. 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)) 34142526 $78.37 34142525 $80.70 34142525 $72.85 33989834 $48.65 33989833 $130.19 33989832 $64.14 34104354 $27.31 34104353 $24.20 34104352 $165.47 34104350 $25.03 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. ALLOWED 20 982 Praxair Distribution, Inc. IN SUM OF Dept Ch 10660 Palatine, IL 60055 -0660 $716.91 ON ACCOUNT OF APPROPRIATION FOR Carmel Fire Department PO# Dept. INVOICE NO. ACCT #/TITLE AMOUNT Board Members 1120 34142526 42- 311.00 $78.37 1 hereby certify that the attached invoice(s), or 1120 34142525 42- 311.00 $80.70 bill(s) is (are) true and correct and that the 1120 34142525 42- 311.00 $72.85 materials or services itemized thereon for 1120 33989834 42 311.00 $48.65 1120 33989833 42 311.00 $130.19 which charge is made were ordered and 1120 33989832 42- 311.00 $64.14 received except 1120 34104354 42- 311.00 $27.31 1120 34104353 42- 311.00 $24.20 1120 34104352 42- 311.00 $165.47 1120 34104350 42- 311.00 $25.03 r Fire Chief Title Cost distribution ledger classification if claim paid motor vehicle highway fund