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174720 07/22/2009 CITY OF CARMEL, INDIANA VENDOR: 360202 Page 1 of 1 1 ONE CIVIC SQUARE 982 PRAXAIR DISTRIBUTION INC CHECK AMOUNT: $744.52 CARMEL. INDIANA 46032 DEPT CH 10660 PALATINE IL 60055 -0660 CHECK NUMBER: 174720 CHECK DATE: 7/22/2009 DE PARTMENT ACCOUNT PO NUMBER IN VOICE NUMBER A D 1120 4231100 33437350 64.14 BOTTLED GAS 1120 4231100 33437351 114.30 BOTTLED GAS 1120 4231100 33437352 48.65 BOTTLED GAS 1120 4231100 33532570 24.41 BOTTLED GAS 1120 4231100. 33532572 131.90 BOTTLED GAS 1120 4231100 33532573 21.09 BOTTLED GAS 1120 4231100 33532574 31.80 BOTTLED GAS 1120 4231100 33647323 98.62 BOTTLED GAS 1120 4231100 33647325 91.79 BOTTLED GAS 1120 4231100 33674324 117.82 BOTTLED GAS is�JII' a a CYLINDER DEMURRAGE RENTAL INVOICE 33532572 i>iYAGE2iNUMBE3Z<':«:: To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: 317) 481 -4550 DEPT CH 10660 iruoFCE;nr:;:::; PALATINE IL 60055 -0660 800 266 -4369 06/20/09 57408 1/3:70324 BRN 982 :;:;ALfJt36FI�:�:S:�:�>:�:<�:�: CITY OF CARMEL FIRE D *MS* LM593 AP 2 CIVIC SQUARE CITY OF CARMEL FIRE D *MS* a CARMEL IN 46032 -7543 STATION 45 10701 N COLLEGE AVENUE T T INDIANAPOLIS IN 46032 D O COMMENTS: PAYMENT DUE BY: 07/20/09 PD NL 962 TEM ptUk¢B£iZ OR6 tNUS310E SHkP D>AE1'E: �E�ugnNC cri...... er rmEas ENDNG:: LvLWGE9S RENT CYL1N£7Eit1:: dfAOIJN7 NUMBER BRkANL:E SHIRe D BEttMgEO IMANGf;_ LEASED TKAE- DAk'S Customer Owned Leases 15 R 410 Med high pres 50cf 38 16 16 38 15 DAY. 713 .125 89.13 R 430 Med high pres 50cf 7 0 0 7 0 DAY 217 .119 25.82 R MZ SAFETY ENVIRONMENT 0. 0 0 0 0 0 16.95 16.95 TAX: .00 TOTAL VALUE OF CYLINDERS PLEASE NOTE: 4270 BALANCE OF OUR YCYLrINDERS T H I S I NVOICE NYOUR HANDS K IS CORRECT AT THE HE CLOSE OF T 131 BUSINESS ON THE DATE SHOWN ON THIS INVDICF. :.'ii' :'Q'' r F..: ltt�i l`11 L i IVItlJ 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 irr 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 n 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 loo 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 nr in the event «e Cus /nmpr violates any of the terms hereof. or fails to return ermuiate ai,it a i C, s,• e. with or :Ahoul mbce a witho.,'. 'eya� uruce_: ,ind SO, er (I its agents Hw .ie- :o go upon Cr.�f -mer s profs aiir ovi ,Tpr_ "J!mer',< i•U may use all force necessary to repe-sess said cylinders and /or equipment, and Customer hereby, fur itself and its empluyees expressly waives all oamages 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 ent tied to µidgernent 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 a' ,i oye or ride time. to :ns,st upon the strict p( forrance by the Custorici of Ine uover..eFts idlions and or terms of this agreement. shall not be construcu as c, e aver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms rereoi Notice of demand for strict compliance 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 4c reimburse Seller at the current rate of charges to such loss or damage: indemnify Seller agawst all loss arising cut of injuries to persons, or damage to properly con -ecteo with trio use .A the rented cy riders or equipment :ird Cr the contents cr cylinders. reimb ,,i Seder for any reasonable cost Fnd attorney's fees incurred by Se'ler in collecting payment due it entorcing the terms of these conditions, and he responsible for :V.nders or pnu,pme „t as to proper care C:LU4F yr li, SHOWid U% I IiLS A CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suet CLAIMS: All cl,vr h tntect n r- .itelr:al shortages and discrepancies are waived unless made in writing within 30 days of rece pt of en, yr i SURCHARGES: The Total amu .rt a "c ie Customer may nclude various itemized charges. inc uding. charges for tnp candling of na /a s n:au. ,,s r, l";3! ,ir a and repulalrrm co "azardous matenals, charges for handling, delivery and shipping; andror charges for energy „r fi,r,l Norn: of -e .rage; repri (a t ,x r fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT In compliance with the Fedc a' f• nth -In Lending Act if iopku,,b'r B. may be charged any ame in aooroved by Sel'er s rH denaomenl subject to the frilow” q conditions: NO LATE CHAR ;E iF THL ACCOUNT IS PAID VPTHIN 30 DAYS ALL LN`✓CICF4 UNPAID 30 DAYS E',Di I iJ[-Hl r. Q- SJ13JECT TO A ',ATE CHARGE OF 1 r'FR r -'i, A'. •.,i, ;;r Fly- ;Dr T'A'E Or (`p n ",;y.I�,'�, la CYLINDER DEMURRAGE RENTAL INVOICE 33532573 PAGE<::NINABER: >i::: To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: 317) 481 -4550 DEPT CH 10660 #(V{QICE:DkIE::; PALATINE IL 60055 -0660 800 266 -4369 06/20/09 57408- 2/3:70325 BRN 982 LM594 CITY OF CARMEL FIRE D *MS* CITY OF CARMEL FIRE D *MS* AP H STATION 41 2 CIVIC SQUARE P 2 CIVIC SQUARE T CARMEL IN 46032 T CARMEL IN 46032 O 0 COMMENTS: P tt HC TERR p PAYMENT DUE BY: 07/20/09 962 ITEM N11tk8> R ORDEii: ff kNUOkCE $NfP DI 7E 9ESUUNrvc tYlUif£ S CfLNtiERS ENDNG: CYLWOEBS RF-0JT .CYL1fVf]ERt; FIAT AA40UtgT ..NUwtBER- BAI;ANt',SHfPP,.EO RETUaaEa BAI,kWCf; .LEASED, TYPE pA�!5...;_ Customer Owned Leases 15 R 410 Med high pres 50cf 2- 36 25 9 15 DAY 0 .125 .00 R 430 Med high pres 50cf 4 2 1 5 0 DAY 144 .119 17.14 R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 3.95 3.95 TAX: .00 TOTAL VALUE OF CYLINERS 780 .0 0 BALANCE OUR PA HN YOUR I HANDS K S AT THE CLOSE AB 21 BUSINESS ON THE DATE SHOWN ON THIS INVf11rF I EFIMS CIO.N .MONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral. oral or otiia 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 AKFS NO 0-HER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICu' -aF3 PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, eguiprlerr product or merchandise delivered, whether based on contract, negligence, warranty. strict liability or otherwise, shall be greater than the prre paid for such item In respect to which such clam 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 •,vhen invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability far 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 equlpmer ;t n; 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 rnvolv,nq 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 ctherw�se 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 .vas 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 Customers 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 owr expense. maintain liability and fire insurance ,rnd such other insurance as Seller may request at h„ r h r t fft r rr ,F' ,I .notate; any of the terms hereof, or fails to return ter ^a'• .r Witt) or ;dot r.al co• Cu u e Is a:pa 's try I, oc upr may use ail force necessary to repossess said cynndors and,er equipment, and Customer )ereby, for itself and its umployees expressly waives au ddmayeS and ciauns 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 sad 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 attnrney s fees and court costs NOTICE OF NON WAIVER: The failure by the Sel a,t any ore or m to Insist upon ti:e sl lct pert i, c� by the Cus or eI the covenants conditions and or terms of this agreement. shall not be construed .,s a iwer of Seller's right to demand strict compliance v.: end performance of all covenants. conditions and/or terms 1 Nobr.e of demand for strict compliance s nereby raived 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 eq.nprnent 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 Se'Ie at the current ate of charges for such loss or damage: Indemnify Seller against all loss arising out of injuries to persons. or damage to prope rer• ,,ctcd with the use the roofer; ers or eur'pm.e andor the contents ^f !hr cylinders re mb'.,rse Seller for any r easonable cost andror attorneys Tres Inc., c le .:n.,c_­ ,y ent di e "c' C[ a^ he res or b c ,I.rriers nr eq.nement as t wow cae. CUSTOMER'S REPRESENTATION OF SOLV_NCY: Buyer represents to Seller that Buyer has not ceased to pay its debts In the ordinary course of business, that it can pay its debts as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation the nrevalllnq party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: All claims I, defer"' m, ;no ano d�screpancles are waived unless made in writing within 30 days of rece p! ie SURCHARGES: The iota' amount u,,; r c e C,sfon er may Irclade various Itemized charges. Inciudrig charges for the handling of haza•un,.s ma!ena s ,err, and recul.ilions c n;, I- ^atena,s charges for handl ng, delivery and sh,lppmg. and or charges `or er!c,py None fee paid to or Imposeu Dy any yuvernmentai authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT In compliance with the Fedora Tr.;t') In Lend Act If apprcab;a Buyer may be charged any amoont approved by Seller, credit depart�•er!. subject to the to' :e,rq conditions NO LATE CHAH(,F IF I'IF ACCOUNT IS PAID W THIN 30 DAYS ALL INVOICES UNPAID 30 DAYS FAOT,1 DELIVERY ARE SUBJECT TO A LATF CHARGE OF 1 PFr3 ,n 11 ^.MN:IAl PFRr�ENTAnF R',f E OF 1pr ()it p r �jlr,it ln� r1F St n- ')G THE f1(�' a' I''' (".It CYLINDER NV4�eE;:;r�e+BR DEMURRAGE RENTAL INVOICE 33532574 UMBER..>:<:<> To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: (317) 481 -4550 DEPT CH 10660 fMVOIGE DATfii;i i PALATINE IL 60055 -0660 800 266 -4369 06/20/09 57408- 3/3:70326 BRN 982 j: LM595 CITY OF CARMEL FIRE D *MS* CITY OF CARMEL FIRE D *MS* AP H STATION 44 2 CIVIC SQUARE P 5032 E MAIN STREET T CARMEL IN 46032 T CARMEL IN 46032 0 D COMMENTS: PO HC TERR PAYMENT DUE BY: 07/20/09 962 ITEM WNW ER.... OROPfl: �nnR6ER $HiP E1ATE: RESliieilNt E SH trtu,>iiEp5 evLUiD�as ENDING' tvLW0E9S RENT GYk1N£7EH! RA'f� :.aMtillNT BALANCM.P£0 RETHRlQEET BALANCE LEASER TYPE RAE'S Customer Owned Leases 15 R 410 Med high pres 50cf 17 9 10 16 15 AY 58 .125 7.25 R 411 Med HiPr <50CF W /XRS 1 0 0 1 0 AY 31 .420 13.02 R 430 Med high_pres 50cf 2 0 0 2 0 AY 62 .119 7.38 R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 4.15 4.15 TAX: .00 TOTAL VALUE OF CYLINDERS 1 7 PLEASE NOTE: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE ABOVE 30 00 BALANCE OF OUR CYLINDERS IN YOUR HANDS IS CORRECT AT THE CLOSE OF j T j� 31.80 Rl1AINFSS fIN TwF: nATF VWnWN nM TI-IIC IN\ /f1ICF TERMS CONINCIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WAR RANTIES- DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item ir7 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 locat,on 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 he cnun`v as fho Sailpr shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at e 1 r I,, r 1, e v-nlates any of the terms hereof, or fails to return the cy., ri,_ •.f I terminate and ad r pnt, si ,i ,r. pro' i 01 c� .ie ,irw a ray r ua' •e^ with or without notice and wltr 3r withuut lega. process, and Seller and its agents are r ereby authorized W go upon C..s• )r.re. may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives ali 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 ary one or more tune. 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 c:a ver of Seller's right to demand strict compliance with and performance of all covenants, conditions and or term, 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 egwp Buyer agrees to return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment ano :n re,mburse Seller at the current rate of charges for such loss or damage: indemnify Seller against all loss arising out of injuries to persons, or damage to property con ,ec!eo with the use rf ti rented cyrr or equip- .ent and, or the contents of the cylinders reimburse Seller for any reasonable cost and/or attorneys fees ricuren by Sri'er in rc'lectry r:+yme•nt die or erforc nq the terr of these cor- !it,ons ,ind he respons o e cy� nders or equipment as to proper care rrar•[r' rr r �cr r .r r• r rrn vrn. 'C (,L') ,t U b 1JI: :iAl r SrlO',','•� C:N i til, r CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation. the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: All clams for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of deu•.•e v SURCHARGES: The total amount duc from the Customer may include various itemized charges, including: charges for the handling of hazardous rnatenais and for comp ance w,t:' a,vs and regulations cOnu rnir p hazardous materials, charges for handling, delivery and shipping: and /or charges for enerqy or fire: None of the charges represen; a LJX fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT In compliance with thr' Federa Truth -In Lending Act, if apprcable BU,,/Er may be charged any amount approved by Se c-dit department si bject to the conditions NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS ALL INVCICES UNPAID 30 DAYS I ROM DI.LIVLRY ARE SUBJECT TO A LATE CHARGE OF I'--P Tia is E PETE OF +8 OF 4 P.��. "Ili' r)F IT INVOIC To Place Orders call Sales .:ACCOUNT:: IC1V.�10E NUNiBE R: 06/17/09 LM593 33437350 Dept. at: (317) 481 -4550 *PAYMENT DUE BY: 06/27/2009 R E 982 PRAXAIR DISTRIBUTION INC 10362 1/3:13037 T DEPT CH 10660 PALATINE IL 60055 -0660 CITY OF CARMEL FIRE D *MS* (800) 266 -4369 B AP 2 CIVIC SQUARE S CITY OF CARMEL FIRE D *MS* CARMEL IN 46032 -7543 STATION 45 0 P 10701 N COLLEGE AVENUE 0 INDIANAPOLIS IN 46208 PO a ORDER R ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE 1 0260392-0006/15 982 704 962 OUR TRUCK ARC NET 10 1 WANT4T: UANTIFY Py ITEM NUMBEit iTEji DESCRIE?1'ION k1NIT UNIT PRkCE �AM(7UNT INDERSi SH2PPE0:: 0f0 SNIPPED RET D: LOCATION: 982 OX M -AD 0 OXYGEN USP AD L 4.80 33.60 VOL: 98 Lot: 0982916 22 Qty: 2 Lot: 0982915 26 Qty: 5 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 5.04 5.04 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 subt 46.64 TOTAL CYLINDERS SHIPPED: 7 RETURNED: 7 Pay your bills by credit card! Del Charge 17.50 Call 1-800-266-4369 to start. Tax .00 ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE TAXABLE AMOUNT CHARGE OF SI.00 OR A FINANCE CHARGE OF 1.5•,. _;:::;[NV.C)10E; PER MONTH GIB% ANNUAL RATE? THE 00 AIUIOUNT:.;:.;;:. 64 .14 OUTSTANDING BALANCE, WHICHEVER ER IS GREATER. TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES-DISCLAIMER: Seller warrants all cylinders. equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers. agents, and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty, strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth. nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires the user to be licensed, Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or equipment for any cause, Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written consent of Seller, to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within it c r l. frs gna"r C tnmer shall. at Its own expense. maintain liability and fire insurance and such other insurance as Seller may request at Inc hrre tiuci i�as•,n, it r *:,t ven „y ur oanhluptcy of the CU,'omer. or in th event the Customer violates any of the terms hereof, or fails to return the cyuncers and,or eau „inert or In M, event the cylinders and or equipment are levied upon by any legal process. such lease shall. without notice, immediately terminate and all rights of the Customer to possession of the cylinders and /or equipment shall immediately terminate. Seller may repossess the same or any part thereof with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder. said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's fees and court costs. NOTICE OF 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 collectinq payment due or enforcing the terms of these conditions. and be responsible for cylinders or equipment as to proper care, malrte^:n r r'. weir and tear expected) until they are returned to Seller. PLEASE NOTE. YOUR PAYMENT OF THIS INVOICE IS YOUR A,, :Ci', "!l r,.' i 111A THE CYLIivDER HEN I AL 13ALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE Or BUSINESS C)N 1 H DATE SHOWN ON THIS INVOICE. CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business. that it can pay its debts as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation. the prevailing per[y shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: All claims for defective ma`.enal. 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`, PEE+ MONTH (AN ^DUAL r'FRCENTAGE RATE OF 18 OR A MINIMUM OF S1 00 ON THE BALANCE DUE. 1 r U 0 -Q INVOICE OATS:. ;iACC- 6LNT' INVOICE N:UN1...... S ��JI LI To Place Orders call Sales 06/17/09 LM594 33437351 Dept. at: 317) 481 -4550 *PAYMENT DUE BY: 06/27/2009 R E M 982 PRAXAIR DISTRIBUTION INC 10362- 2/3:13038 T DEPT CH 10660 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 CARMEL IN 46032 o CARMEL IN 46032 PO tt ORDER n ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE 0260394 -00 6/15 982 704 962 OUR TRUCK ARC NET 10 1 ;CYLINDERS: DUANTI7: UANTITY ITEM ;NUMBER lTElt 6ESCRII?'fION UNIT -UNIT PRICE �AM(3UIVT SHtPPEO Bt0 SNIPPED ;RFT'1S: LOCATION: 982 OX M -AD 1 0 OXYGEN USP AD L 4.80 81.60 1 1 VOL: 238 Lot: 0982915 21 Qty: 9 Lot: 0982915 26 Qty: 8 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 7.20 7.20 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 subtotal 96.80 TOTAL CYLINDERS SHIPPED: 17 RETURNED: 17 Pay your bills by credit card! Del Charge 17.50 Call 1-800-266-4369 to start. T x .00 ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE TAXABLE AMOUNT ENVQJCE CHARGE OF 51.00 OR A FINANCE CHARGE OF 1.5% PER MONTH (IB% ANNUAL RATE) OF THE 4 MfJCJ OUTSTANDING BALANCE, WHICHEVER IS GREATER. 1 14.30 TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WAR RANTIES- DISCLAIM ER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer 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 compleie 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 C', tir mn. s all at is own expense. maintain liability and fire insurance and such other insurance as Seller may request at Im e r ,n of the C,, ur in the event the Customer violates anV of the terms hereof. or fails to return the cyi nn I ;:)t C: ,n tl.2 .iyhnurrs 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 pan thereof with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's fees and court costs. NOTICE OF NON- WAIVER: The failure by the Seller, at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance Is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment. Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons. or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders: reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in collecting pavment due or enforcing the terms of these conditions. and be responsible for cylinders or equipment as to proper care, mainte —cr 4r,'. e ,v .vew and tear expected) until they are returned to Seller. PLEASE NOTE YOUR PAYMENT OF THIS INVOICE IS YOUR aG VOV';h LD '.1! 'HAI I HE CYLINDER HENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE. CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation. the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: All claims for defect;ve 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 Fede Truth -In Lending Act, if applicable. Buyer may be charged any amount approved by Seller's credit department, subject to the following condito ^s 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 S M R O !T:H ;ANNUAL PERCENTAGE RATE OF 18'x) OR A MINIMUM OF S1.00 ON THE BALANCE DUE. INVOICE GATE :1NV0ICE NUNIBEA:: 06/17/09 LM595 33437352 To Place Orders call Sales Dept. at: 317 481 -4550 *PAYMENT DUE BY: 06/27/2009 R E 982 PRAXAIR DISTRIBUTION INC 10362- 3/3:13039 T DEPT CH 10660 0 PALATINE IL 60055 -0660 (800) 266 -4369 B e CITY OF CARMEL FIRE D *MS* 5 CITY OF CARMEL FIRE D *MS* L H AP STATION 44 0 2 CIVIC SQUARE P 5032 E MAIN STREET CARMEL IN 46032 0 CARMEL IN 46032 PO' ORDER 1 ORDER DATE BRANCH S'S TERR SHIP VIA TERMS PAGE 0260386 -00 6/15 982 704 962 OUR TRUCK ARC NET 10 1 11'EM ;NUMBER nuANTiT: uANnTV >CY 1FEfyt DE SCRIt?'f14N kINt7' �UN1T PRICEA��UT IINDEgS .j__ SHIPPED 810 /PPEORET'D LOCATION: 982 OX M -AD 4 0 OXYGEN USP AD L 4.80 19.20 VOL: 56 Lot: 0982916 22 Qty: 4 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: 5 Pay your bills by credit card! Del Ch 17.50 Call 1-800-266-4369 to start. T x .00 ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE TAXABLE AMOUNT CHARGE OF $I.00 OR A FINANCE CHARGE OF 1.5•,. NV.Q.I:C:E PER MONTH G (1 B ANNUAL RATE) ER THE 00 ::::AI /IQUIIIT::::::. 48 .65 OUTSTANDING BALANCE, WHICHEVER IS GREATER. TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, orai 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 a i cox, 1s •I :r al rr ;hall i+ its own expense. maintain liability and fire insurance and such other insurance as Seller may request at III'' t ray )t su( ,.r'. r n r.f tilt' Customer. or in the ovent the Customer violates any of the terms hereof, or fails to return the cylonaers and/or egwpme',t or in tie rvcnt the cylinders and or equipment are levied upon by any legal process. such lease shall. without notice, immediately terminate and all rights of lne Customer to possession of the cylinders and /or equipment shall immediately terminate. Seller may repossess the same or any part thereof with or without notice and with or without legal process. and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's fees and court costs. NOTICE OF NON WAIVER: The failure by the Seller, at any one or more time, to insist upon the strict performance by the Customer of the covenants. conditions and /or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to 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 coliectinq oayment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, mamtr•nan[e iii r i *.i,c.. r n,ii wear a,W !ear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOuR P. Vw :•Vdl I C i1AT I HE CYLINDFH RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSL C,F BUSINESS ON T HE DATE SHOWN ON THIS INVOICE. CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they become due, and that Buyer is so'vent 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 i.'Ot\iTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF S1.00 ON THE BALANCE DUE. CYLINDER fxua�cE:::nraR:::;:;:; DEMURRAGE RENTAL INVOICE 33532570 To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: 317) 481 -4550 DEPT CH 10660 fftVO10E DATf.:: PALATINE IL 60055 -0660 800 266 -4369 06/20/09 36646 1/1:36720 BRN 982 ::::::::1S tDUNI�:�: CITY OF CARMEL FIRE *MMS* LM332 2 CIVIC SQUARE R CARMEL IN 46032 -7543 5 CITY OF CARMEL FIRE *MMS* o N 2 CIVIC SQUARE L L P T T CARMEL IN 46032 O o COMMENTS: PO I HC TERR b PAYMENT DUE BY: 07/20/09 962 ITEi1 NIJA48ER OROEii tfdvvc $HkP DATE sECUiaNC trtnfogRS evL r6Ens Etinir{G eriudoEas RYIdT :CYI iNSER FfUpABER BALANCE SHfPP£0 6 EtURpEGBALliP1Cl'c C£ASER, T P E. RAY RAFE RlAOIJk'17 R 410 Med high pres 50cf 2 0 0 2 0 DAY 62 .330 20.46 R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 3.95 3.95 TAX: .00 TOTAL VALUE OF CVLINOERS 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 TOT�4L 24.41 11 BUSINESS ON THE DATE SHOWN ON THIS INVOICE. TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES-DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in' respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents, and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty, strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires the user to be licensed, Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or w 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 dpsignate Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of such leasiog In the e ✓ent lit the _,oi enr v or bonk of the Customer. cr in the 1 �uYlm er violates any of the terms hereof, or fails to return the cylinders and or equipment or in the event the cylinders and or equipment are 1eVTC1 DO! r ,i 1 nr .1 c,,; notic, .m d a`PJy terminate and all rights of the Customer to possession of the cylinders and /or equipment shall irnmediatey tern rate. Se- e,,i, pu rss the same or any part thereof with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise. product and damages due hereunder, and for reasonable attorney's fees and court costs. NOTICE OF NON WAIVER: The failure by the Seller, at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement. shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders: reimburse Seller for any reasonable cost and/or attorney's fees incurred 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 Sr11Pr PLEASE NOTF vOUR PAYMFNT OF THIS INVOICE IS YOUR ACKNOWLEDGMFN,T THAT 1 HE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN Olin r +o' U b'Ul t_ 1S CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOWN ON 1 HIS INVOICE. CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials; charges for handling, delivery and shipping: and /or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT In compliance with the Federal Truth -In Lending Act, if applicable, Buyer may be charged any amount approved by Seller's credit department, subject to the following 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 51.00 ON THE BALANCE DUE INVOICE D TE'i: .iACCOUNT ::i tNU010E NlfN1BERi`:.i To Place Orders call Sales 07/01/09 LM593 33647323 Dept. at: 317 481 -4550 *PAYMENT DUE BY: 07/11/2009 R E 982- PRAXAIR DISTRIBUTION INC 7781 1/3:9641 T DEPT CH 10660 PALATINE IL 60055 -0660 CITY OF CARMEL FIRE D *MS* (800) 266 -4369 B AP 2 CIVIC SQUARE S CITY OF CARMEL FIRE D *MS* L CARMEL IN 46032 -7543 H STATION 45 P 10701 N COLLEGE AVENUE o INDIANAPOLIS IN 46208 PO tl ORDER s ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE 0411005- 0006/29 982 704 962 OUR TRUCK ARC NET 10 1 QUANT4T LMNTITY.'CYLIiJ DH12S: lEM UMBER ifEM �7E$C721A114N flNtT IJNiT Y!?tCE, AMOUI\E7 SHIPPED 8j0 PFD RPT'D:: LOCATION: 982 OX M -AD 1 C OXYGEN USP AD CL 4.80 48.00 ic VOL: 140 Lot: 0982916 22 Qty: 3 Lot: 0982916 23 Qty: 7 OX M -M 1 0 OXYGEN USP M CL 17.17 17.17 VOL: 124 Lot: 0982918 01 Qty: 1 ZZZHM 1 0 HAZARDOUS MATERIAL CHARG EA 7.95 7.95 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subtotal 81.12 TOTAL CYLINDERS SHIPPED: 11 RETURNED: 9 Pay your bills by credit c rd! Del Charge 17.50 Call 1-800-266-4369 to sta t. Tax .00 ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE TAXABLE AMOUNT CHARGE OF SI.00 OR A FINANCE CHARGE OF 1.B' <:<:INVUi :GE:;:;:;:;:: PER MONTH (19% ANNUAL RATE) OF THE .::.A O MIT 00 (]p 62 OUTSTANDING BALANCE, WHICHEVER IS GREATER. ).V:1 111:�t: 1: 98 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 andior 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 am 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 1` ..r a, i, r.'-a' t its own expense. maintain liability and fire insurance and such other insurance as Seller may request at ir.e ,!,re "t ­Cl. "'i ,.r 'en�y cr 1.4,1 -picy of the Customer or in it.� event the Customer violates any of the terms hereof, or fails to return the cyi afidcr re t or .n ln,^ o\ e­ the cylinders ardor equipment are levied upon by any legal process such ludse shall. ttirthout 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 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 incuren by Seih�r n o'l -r. r vment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, ma rter;,n i •o i; w i a i wear mw tea erpected, u m they are returned to Seller. PLEASE NOTE YOUR PAYMENT OF THIS INVOICE IS +0,J rHE Cr, P HF t,TAt BA[ ANCC OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLUSL OF 13 ,iSINE6S CN THE DATE S 1, i ON THIS INVOICE. CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation. the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials; charges for handling, delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority. and all of the charges are retained by Seller. DISCLOSURE STATEMENT In coral ri—e th the Feoefal 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 0 a PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. INVOICE i; �kTE iACC GLINT 7NV010E Nl1RQBER To Pla Orders call Sales 07/01/09 LM594 33647324 Dept. at: 317 481 -4550 *PAYMENT DUE BY: 07/11/2009 R E 982- PRAXAIR DISTRIBUTION INC 7761- 2/3:9642 T DEPT CH 10660 PALATINE IL 60055 -0660 (800) 266 -4369 B CITY OF CARMEL FIRE D *MS* S CITY OF CARMEL FIRE D *MS* AP H STATION 41 2 CIVIC SQUARE P 2 CIVIC SQUARE CARMEL IN 46032 0 CARMEL IN 46032 PO M ORDEP p ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PACE 0411018-00p6/29 704 962 OUR TRUCK ARC NET 10 1 UANT4T:_ LIANTITY CMLIniD£R$:: �fEM ptUMBER iFEli i7�$ FtIP1iDk UNt7 U111T 4MC3UNT SHIPPED: 0jD BHSPPW :RET:D: LOCATION: 982 OX M -AD 14 C OXYGEN USP AD CL 4.80 67.20 14 14 VOL: 196 Lot: 0982916 24 Qty: 14 OX M -M 1 0 OXYGEN USP M CL 17.17 17.17 VOL: 124 Lot: 0982914 01 Qty: 1 ZZZHM 1 0 HAZARDOUS MATERIAL CHARG EA 7.95 7.95 MSCFC I C ENERGY AND FUEL CHARGE EA 8.00 8.00 Subtotal 100.32 TOTAL CYLINDERS SHIPPED: 15 RETURNED: 15 Pay your bills by credit ca rd! Del Charge 17.50 Call 1-800-266-4369 to start. Tax .00 ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE TAXABLE AMOUNT CHARGE OF 51.00 OR A FINANCE CHARGE OF ,.B% ;.;[NV.pI:GE PER MONTH 08% ANNUAL RATE) OF THE OUTSTANDING BALANCE, WHICHEVER IS GREATER. A.. MQUNT.;::.;: 117.82 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 a y sn at anv 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 1 1 is o'vn expense maintain liability and fire insurance and such other insurance as Seller may request at the "L -u 11 11 I v n ry I! 1, of t ie Customer or .n the e.en m the Customer vin'afeq any of the terms hereof. or fails to return the oy'.��Je ,Inn c cq., o rent o in if �2 event the cylinders and or equipment are levied upon by any legal process, such lease shall. Without notice, Immediately terminate and all rights of the Customer to possession of the cylinders and /or equipment shall immediately terminate. Seller may repossess the same or any part thereof with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use ail force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's 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 incurreu ny Seller In coPr.: r Payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, !1,1r, +orr we and te.+r expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YG'J :.nrr;t': I t C It .,r 14 Rt.N 1 AL BALANCL OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINLJS ON HE DAIF SI0y'N ON THIS INVOICE CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials; charges for handling, delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or fee paid to or Imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT In ccmp' ar.c,e vJ,th the Fede 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 $1.00 ON THE BALANCE DUE. U 0 Q U INVOICE ..nl'E .igGCtlUN7' INUQICE NUp4BEfl s: 33647325 To Place Orders call Sales 07/01/09 LM595 Dept. at: (317) 481 -4550 *PAYMENT DUE BY: 07/11/2009 R E M 982 PRAXAIR DISTRIBUTION INC 7761 3/3:9643 T DEPT CH 10660 0 PALATINE IL 60055 -0660 (800) 266 -4369 B CITY OF CARMEL FIRE D *MS* 5 CITY OF CARMEL FIRE D *MS* L H AP STATION 44 0 2 CIVIC SQUARE P 5032 E MAIN STREET CARMEL IN 46032 0 CARMEL IN 46032 PO tt ORDEP M ORDER DATE BRANCH SLS TEAR SHIP VIA TERMS PAGE 0411011 0006/29 982 704 962 OUR TRUCK ARC NET 10 1 QUANT4T'. 11AN.ITY';Ck'1.INDEGi$:; T Et.. NU. SN PPFO: 8(0 S ryPPED RET'U:: �Faii p�scr;iarl4N urtir ilydar ra AMOtrN7 LOCATION: 982 OX M —AD OXYGEN USP AD CL 4.80 24.00 VOL: 70 Lot: 0982916 23 Qty: 5 OX M —M 2 0 OXYGEN USP M L 17.17 34.34 VOL: 248 Lot: 0982914 01 Qty: 1 Lot: 0982916 01 Qty: 1 ZZZHM 1 0 HAZARDOUS MATERIAL CHARG EA 7.95 7.95 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subtotal 74.29 TOTAL CYLINDERS SHIPPED: 7 RETURNED: 7 Pay your bills by credit c rd! Del Charge 17.50 Call 1 -800- 266 -436 to sta t. Tax .00 ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE TAXABLE AMOUNT ENV OICE CHARGE OF 51.00 OR A FINANCE CHARGE OF 1.5' PER MONTH GIB% ANNUAL RATE THE 00 91.79 OUTSTANDING BALANCE. WHICHEVER VER ER IS GREATER, luE 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.ror equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and/or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty, strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seiler. If the law requires the user to be licensed. Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or equipment for any cause. Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written consent of Seller, to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate my e an% 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 F e c .r it t own expense ,maintain liability and fire insurance and such other insurance as Seller may request at Ine _c s.,_ •.n; r ..y 1. !,arK� i,tC y cl the Customer. �u in the event the Custon vinlates any of the terms hereof. or fails to return the cylinders and or eq. me of .n the event the cylinders an equipment are levied upon by any legal procesa. such lease shall. �a;thout 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 Seiler 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 ncur .1v Seiler n rohn rl payment due or enforcing the terms of these conditions. and be responsible for cylinders or equipment as to proper care, mantnnn ^t r r,« :o them }normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS OUR A: 1 +Al 1 CYl .14 ill' PAt ANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE vi 3U Si NLJS U t Nr DA I L. S" )1'. r, )N ,HIS INVOICE. CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials; charges for handling, delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT In comp; ante vntn r`e F euerel 1 ruth -In Lending Act, if applicable. Buyer may be charged any amount approved by Seller's credit department, subject to the following conditions. NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5'o PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 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)) 33647325 $91.79 33647324 $117.82 33647323 $98.62 33532570 $24.41 33437352 $48.65 33437351 $114.30 33437350 $64.14 33532574 $31.80 33532573 $21.09 33532572 $131.90 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 S Dept Ch 10660 Palatine, IL 60055 -0660 S744.52 ON ACCOUNT OF APPROPRIATION FOR Carmel Fire Department PO# Dept. INVOICE NO. ACCT #/TITLE AMOUNT Board Members 1120 42- 311.00 1 hereby certify that the attached invoice(s), or 1120 33647325 42- 311.00 $91.79 bill(s) is (are) true and correct and that the 1120 33647324 42- 311.00 $117.82 materials or services itemized thereon for 1120 33647323 42- 311.00 $98.62 1120 33532570 42- 311.00 $24.41 which charge is made were ordered and 1120 33437352 42- 311.00 $48.65 received except 1120 33437351 42- 311.00 $114.30 1120 33437350 42- 311.00 $64.14 1120 33532574 42- 311.00 $31.80 1120 33532573 42- 311.00 $21.09 1120 33532572 42- 311.00 $131.90 Fire Chief Title Cost distribution ledger classification if claim paid motor vehicle highway fund