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173699 06/24/2009 CITY OF CARMEL, INDIANA VENDOR: 360202 Page 1 of 1 ONE CIVIC SQUARE 982 PRAXAIR DISTRIBUTION INC CHECK AMOUNT: $573.09 CARMEL, INDIANA 46032 DEPT CH 10660 M; sazo PALATINE IL 60055 -0660 CHECK NUMBER: 173699 CHECK DATE: 6/24/2009 DEPARTMENT ACCOUNT PO NUMBER I NVOICE NUMBER AMOU D 1120 4231100 33242859 23.75 BOTTLED GAS 1120 4231100 33242861 125.19 BOTTLED GAS 1120 4231100 33242862 18.59 BOTTLED GAS 1120 4231100 33242863 31.75 BOTTLED GAS 1120 4231100 33274787 43.85 BOTTLED GAS 1120 4231100 33274788 48.65 BOTTLED GAS 1120 4231100 33274789 39.05 BOTTLED GAS 1120 4231100 33367820 58.62 BOTTLED GAS 1120 4231100 33367821 139.79 BOTTLED GAS 1120 4231100 33367822 43.85 BOTTLED GAS CYLINDER INVOICE NUMBER DEMURRAGE RENTAL INVOICE 33242859 To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: 317) 481 -4550 DEPT CH 1 0660 INVOECE DATE: PALATINE IL 60055 -0660 800 266 -4369 05/20/09 35060 1/1:35131 BRN: 982 :::ACCOUNT.:..@ CITY OF CARMEL FIRE *MMS* LM332 2 CIVIC SQUARE CARMEL IN 46032 -7543 CITY OF CARMEL FIRE *MMS* a H 2 CIVIC SQUARE L p T CARMEL IN 46032 O O COMMENTS: PO k HC TERR k PAYMENT DUE BY: 06/19/09 962 ITEM NUMBER OROE33 tMV010E :SHtP DATE sEDIiiNINC cvuNpeRS CYLINDERS ENDING cveirioERS RENT- CYL1NOEfi1 RATE AMOUN' NUMBER BALANCE SH(PPEA pETURNED BALANCE LEASEDI TYPE:: QAYS`::i R 410 Med high pres 50cf 2 0 0 2 0 DAYJ 60 .330 19.80 R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 3.95 3.95 TAX: .00 I TOTAL VALUE OF CYLINDERS PLEASE NOTE: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE ABOVE 120.00 BALANCE OF OUR CYLINDERS IN YOUR HANDS IS CORRECT AT THE CLOSE OF TOTAL 23.75 CC F n CLJn W RIICINF nN TNATG nI nNl TWIC 1KI-1— TERMS COWDF ONS 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 specrf cat,ons. SELLER MAKFS 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 al, cy rders. equipment. product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the e )u d !n :..ch tem 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 e t In s:,ch event. title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages horn, acadents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seiler, its officers, age -ts 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 cyliruer� 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 Ir 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 nw;lved and Customer snall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whefhe fr•,n e.; _once warranty. strict liability or otherwise. USE RESTRICTIONS: None of the above cy 'de's a:d, 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 expel d 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. C ,storner shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the t e o! such leasing. In the event of the insolvency or bankruptcy of the Customer or in the event the Customer violates any of the terms hereof, or fails to return the cylinders and or equi; merit or in the event r� +rriarq 1 iinrc+ n I r N r' Ii., 1ei i yip, r...r v,ith or without not, -e ar,d ,it. vi w,tho..t oga process, and Seuer and its agents are hereby authorzed to g„ upo l —ty a u cf iovc mNedjmer,t5 al may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder. said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and/or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals. merchandise. product and damages due hereunder. and for reasonable attorneys fees and court costs. NOTICE OF NON WAIVER: The failure by the SePcr, at any one or more time, to insist upon the strict performance by the Customer of the covenants cafd'tions Ana cr te of fh s agreement shall not be construed as a :vaiver of Seller's right to demand strict compliance with and performance of all covenants, cond tions and%or term, he Nuhce of Coll for strict compliance is nereoy 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 resporv. Cie 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 aga n, i ,ss 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 re- n Seller for any reasonable cost <.nd or attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsib,e n_ ulers or equipment as to proper care, maintenance loss of or damage to them (normal wear and tear expected) until they are returned to Seller PLEASE NOT I ;)l lR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHO'Pr'. I tnS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOb'!N ON Tfilq 'NV7 CE CUST0NtaR S RFi ?E4 Buyer repre'( I, l� S1• .r' tt., r I:r xi IC pay cr; the rn�t Can •o re. and that Buyer is solvent w,thm the ciea g o! tt:e fedura' bankruptcy act. LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs o' CLAIMS: All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of cei'very. 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 nazarcious mates a,s charge,, for nand ing. delivery and shipping, anoror chaige5 for energy or fuel. None of narges represent a tax or fee paid to or imposed by any governmental authority, and aii of the charges are ratained by Seller. DISCLOSURE STATEMENT In compliance with the Federal Truth -In Lending Act, if applicable, Buyer may be charged any amount approved by Sel't s credit departmcn s,.r r, the fot,ov,ng conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARI SJB.JECr TO A LATE CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. U10%,LUJUhIt J I A I tIVItN 1 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 6 PER MONTH (ANNUAL PERCENTAGE RATE OF 18°°) OR A MINIMUM OF $1.00 ON THE BALANCE DUE. ££'9T ££'9T 0 0 1 0 0 0 ZNSKNOHIANS 'S ASSJVS zK d TT' SZ 6TT TTZ VC 0 L T T L goOS said gbTq Pali Oct 2i SL' £8 SZT' OL9 2iVC ST BE t T 6T 9009 said gbtq PaW OTt d ST sasparj PauMO lamo 4sn0 svn::: aaAf <asyszIVV7va rvnni3a ddcHSsroalua a�awnr� SN11>�YV 33.b2i lH3DNI7x� 1tJ3fi;:seaorv+uo ,;;:�rvHra3 iS3aNrl ,t7,;.;zgaamT.c�;_QN1NWQsa d3HS „_3 >_fMN1. ktaA80 !l BwfFtJ Nf�LI Z96 60/6T/90 ,�H Sf G ZNSWIVd p tltl 1 OH p Od :SIN WW03 O O Z£09t NI SI70dVNVIQNI IIn II IIInnIII IIInIn InIII IIn II'I I111'IIn I1IInII1Il Il II 1 Z fI N SAV Z937I03 N TOLOT d 9t NOIZEIZS s £bSL —Z£09� NI rIST"I2iFlO a *SId *Q SaId 7EXHV0 do UIO SHV65S OIAIO Z dK £6S�II MSK*CI SHId rISi dvo 30 )UIO ?s::i;Ei Z86 :NEE V55S[ER -9666S 60 /OZ /SO 69£t-99Z -008 0990 -SS009 U SNIZKrIVd :.R TJ 0990T HO ZdSQ OSSb -T8V (LTC) �qP 'SdaQ T ONI NOISfIHI61SIQ 21IVXK21d -Z86 SaTPS TT SJaPJ0 @D os i3eµ T98ZtZ££ 3010AN WiN38 3J`daa(1W3a 1136WfirFi >3IOJi3dk:i:': 89QNIIAD R 0 V�— TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES-DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents, and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty, strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires the user to be licensed, Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or equipment for any cause. Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written consent of Seller, to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within the county, as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of such leasing. In the event of the insolvency or bankruptcy of the Customer, or in the event the Customer violates any of the terms hereof, or fails to return the cylinders and /or equipment or in the event the cylinders and /or equipment are levied upon I it 'ecal rr oticp.:mm term -nave and all rights o' n Cr 5 n r s or u' l' v ,-ie :rnd or equ r.n ,i vi n ,m0 or any par, thereo` Min or Wthout notice amid witn a will ....t r.gdi process, an Sever and its agents are hereby authonzeo f(, go upon C_ s r;r:)prrty and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's fees and court costs. NOTICE OF NON WAIVER: The failure by the Seller. at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and;or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and,or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions. and be responsible for cylinders or equipment as to proper care, maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer nay not ceased to pay its debts in the ordinary course of ow,ne. tn<u i,re 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: "'o total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous r dnd for compliance with laws regulations concerning hazardous materials: charges for handling, delivery and shipping: and /or charges for e ^q r' ie N� e ^r `le charges represent a tax or e pa,u to or imposed by any gove- -entai authority, and all of the charges are retained by Seller CYLINDER yoacE;n DEMURRAGE RENTAL INVOICE 33242862 BEt2 To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: 317) 481 -4550 DEPT CH 10660 INVOfCE :DATfii PALATINE IL 60055 -0660 800 266 -4369 05/20/09 59996- 2/3:75555 BRN: 982 LM594 CITY OF CARMEL FIRE D *MS* CITY OF CARMEL FIRE D *MS* a AP H STATION 41 2 CIVIC SQUARE P 2 CIVIC SQUARE T CARMEL IN 46032 T CARMEL IN 46032 o o COMMENTS. PAYMENT DUE BY: 06/19/09 Pop 962 ITQM ptUDj6PR ORDE+t: tNUatCE $NfP bAt£: eE6UNNC oxurocns LYUtNERS Er NC:: cAtNbE9S REMT GYtiPlf] R1: RATi RMf7ltltlT:: is ...NUMBER i, BALAPJ SH1PpA BETURNEO BALANCE L£ASEW TYPE RA1!Si Customer Owned Leases 15 R 410 Med high pres 50cf 5 25 32 2- 15 DAY 0 .125 .00 R 430 Med high pres 50cf 4 3 3 4 0 DAY 123 .119 14.64 R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0__ 3.95 3.95 TAX: .00 TOTAL VALUE OF CYLINDERS ACNOWLEDGES THAT THE A13OVE PLEA S 920.00 SA ANCE OF HN HANDSK S CORRECT AT THE CLOSE OF TT 18.59 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 irr good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment. Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty, strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires the user to be licensed, Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or equipment for any cause, Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written consent of Seller, to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and/or equipment to the Seller at such place, within the county. as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of such leasing. In the event of the insolvency or bankruptcy of the Customer, or in the event the Customer violates any of the terms hereof, or fails to return the cylinders and /or equipment or in the event the cylinders and/or equipment are levied inn h„ o -,t nohct eel arely terminate and all rirlhv, o! i -t, Cu:.tnnn!• :u t, n ,LS',U" of the cyw anti or equipme seal i ,mi s,rmc ur any Furl je with or wilnout nonce ano wan or wahout legal process. and Seller and its agents are hereby author zeo to go upon CL.s', ncr s rroperty and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary. caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's fees and court costs. NOTICE OF NON WAIVER: The failure by the Seller, at any one or more time, to insist upon the strict performance by the Customer of the covenants. conditions and'or terms of this agreement. shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care. maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE. CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller tr Buyer na: not cea e to pay -is debts in the otd:ra:, c- o' u, u, d,,e. 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 SeLer credit depa 'ment suoiect to tie fu• e,•, ng conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. CYLINDER DEMURRAGE RENTAL INVOICE 33242863 To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: 317) 481 -4550 DEPT CH 10660 ffFVQICE.DATEi.i.i.i.i.i PALATINE IL 60055 -0660 800 266 -4369 05/20/09 59996- 3/3:75556 BRN: 982 LM595 CITY OF CARMEL FIRE D *MS* CITY OF CARMEL FIRE D *MS* a AP H STATION 44 2 CIVIC SQUARE P 5032 E MAIN STREET T CARMEL IN 46032 T CARMEL IN 46032 0 0 COMM NTS: O p HC TERR k PAYMENT DUE BY: 06/19/09 962 TFiA NUtit9fR ORDBH tNVD1C£ NfP E>AtE: s�cuuanc exwofns cvxoEas EraNC.: GYLwoeBS RENT :EYI.I dm: afi�E dfAtYUN ,'rfllanBER BAIRN£ SHEP:P:ED aE2ggryEO• BAIANGE L£kSER 7FPE. RAMS" Customer Owned Leases 15 R 410 Med high pres 50cf 18 5 6 17 15 AY 61 .125 7.63 R 411 Med HiPr <50CF W /XRS 1 0 0 1 0 AY 30 .420 12.60 R .430 -Med high pres 50cf 2 2 2 2 0 DAY 62_ .119--- 7-38 R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 4.14 4.14 TAX: .00 TOTAL VALUE OF CYLINDERS PLEASE NOTE: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE ABOVE 1630.00 BALANCE OF OUR CYLINDERS IN YOUR HANDS IS CORRECT AT THE CLOSE OF 31.75 BUSINESS ON THE DATE SHOWN ON THIS INVOICE. OTAL�?i 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 respec! to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders. or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents, and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders. and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and or equipment in' good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence. warranty, strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires the user to be licensed, Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or equipment for any cause, Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written consent of Seller, to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within the county, as the Seller shall designate Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of such leasing. In the event of the insolvency or bankruptcy of the Customer. or in the event the Customer violates any of the terms hereof, or fails to return the cylinders and /or equipment or in the ovent thr, cyl riders ard'o equipment are 'n ;pr r e.ra'e'v teat alt' and all nghi� o` fl e r:L I of Ihr ,rid or egwpme ^t si -.ire _i �u e 4, 1), or any part tnereor with or without nol!ce and with or wdhou• l(,ga' process. and Seller and its agents are hereby authorized to go upon Cub;or i property and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder. and for reasonable attorney's fees and court costs. NOTICE OF NON WAIVER: The failure by the Seller, at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants. conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand: be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions. and be responsible for cylinders or equipment as to proper care, maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE CUSTOMER'S REPRESENTATION OF SOLV[NCY. Buyer represents to Seller that Buyer t1 a.eii t pay 1100iS n :rie c!., 3'y Tr l u: uL., L n e v i trial B.,yer is solvent within the meaning of the 'ederal 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 oy Seller s credit depart ent subject to the foiiow ng conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY AHE SUBJECT TO A LATE CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. P M INVOICE OATf IiRCCObNT`;i� fNVQfCE.ivUMBEfT ;i To Place Orders call Sales 05/26/09 LM593 33274787 Dept. at: 317 481 -4550 *PAYMENT DUE BY: 06/05/2009 R E M 982 PRAXAIR DISTRIBUTION INC 10247 1/3:12631 T DEPT CH 10660 PALATINE IL 60055 -0660 CITY OF CARMEL FIRE D *MS* (800) 266 -4369 B AP 2 CIVIC SQUARE S CITY OF CARMEL FIRE D *MS* CARMEL IN 46032 -7543 STATION 45 P 10701 N COLLEGE AVENUE o INDIANAPOLIS IN 46208 PO p F6� 0 OR DER DATE BANCH SLS TERR SHIP VIA TERMS PAGE 4789 -00 5/21 982 704 962 OUR TRUCK BNJ NET 10 1 UAFiT1T. UAfm cvaliuoFs. ITEM NUMBEf2 ifM,l3E$QFtlf TiON UNPt 11N1T PRtC£ AMOU11►T BHIPPBD Bto.: :RET'D LOCATION: 982 OX M -AD 3 0 OXYGEN USP AD L 4.80 14.40 3 3 VOL: 42 Lot: 0982913 25 Qty: 3 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 3.95 3.95 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subt 26.35 TOTAL CYLINDERS SHIPPED: 3 RETURNED: 3 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 $1.00 OR A FINANCE CHARGE OF I.B' _fIVVQIC�E::.;:....... PER MONTH (18% ANNUAL RATE) OF THE 00 Ab 43.85 OUTSTANDING BALANCE. WHICHEVER IS GREATER. TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELL E R MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNFSS I 0:3 A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respec' in a or s egu pment, product or merchandise delivered, whether based on contract. negligence, warranty, strict liability or otherwise, shall be greater than tr•o iteirri 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. o e.i.., 4n r1 it s,_ch 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 acc,eents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Sere. is 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 transpo ^.anon nt sad cyl nders and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cy. nd(? and or equipment iri good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be e for all damage to or loss of the cylinders and c 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 equ lament. Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of wtnes:.ee ir.d pa'ties v �c ved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether ar s g fr,r negl hence. warranty. strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and or egwpment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the lob 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 ;,nused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within the county, as the Seller sna. designate Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of such leasing. In the event of the insolvency or bankruptcy of the Customer. or in the event the Customer violates any of the terms hereof, or fails to return the cr nde a"i'. r^ n� ;e arc: �t. d �r r a di( 'o 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, shay not be construed a= a ;.aver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment. Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage: indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders: reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care. maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL RALANCF OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATF SHOWN ON THIS INVOICE CUSTOP,,7cP'S rIEPP is suvc ^t *,tnm inc mc 1. g 0' 11Te Iau� r,c uunv,ruptcy 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 T 'u i i I o Act it .,;ilnca.,'r Buy"r may be charged any amount approved by Sellers crud t onpat^enr soli n;:; n ^.c y 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'o) OR A MINIMUM OF $1.00 ON "THE BALANCE DUE. INVOICE oar A�6�T> FHUOIMg# To Place Orders call Sales 05/26/09 LM594 33274788 Dept. at: 317 481 -4550 *PAYMENT DUE BY: 06/05/2009 R E 982 PRAXAIR DISTRIBUTION INC 10247- 2/3:12632 T DEPT CH 10660 PALATINE IL 60055 -0660 (800) 266 -4369 B o CITY OF CARMEL FIRE D *MS* S CITY OF CARMEL FIRE D *MS* L AP STATION 41 0 2 CIVIC SQUARE P 2 CIVIC SQUARE CARMEL IN 46032 0 CARMEL IN 46032 PO' rn. ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE 35203 -00 5/21 982 704 962 OUR TRUCK BNJ NET 10 1 CYLInrDERSi DUANTfT omnfX.:�. ireu :n�uMaEa it i s o�scrziFTiorr rtcr .i-N, nrzrc£ AllAOU11ET aHmeEo-: Bm REVD LOCATION: 982 OX M —AD. 4 0 OXYGEN USP AD L 4.80 19.20 VOL: 56 Lot: 0982913 25 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 31.15 TO TAL CYLINDERS SHIPPED: 4 RETURNED: 4 Pay your bills by credit card! Del Char e 17.50 Call 1-800-266-4369 to start. T x .00 ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE TAXABLE AMOUNT i CHARGE OF $L00 OR A FINANCE CHARGE OF I.$% I V C�i PER MONTH GIB% ANNUAL RATE) ER `YO THE 00 w.T .^O_ il8 65 OUTSTANDING BALANCE, WHICHEVER IS GREATER. Xk CJJ 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 'n a cy' nders rou proem. product or merchandise delivered. whether based on contract, negligence, warranty. strict liability or otherwise, shall be greater than the unc., r r. t r, 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 u,curred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers. agents, and employee- 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 rece pt of the cylinders anct'or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer sha be liable for all damage to or loss of the cyunders and or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the evert ^r ^v accident involving said cylinders ind,or eq.npment. Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses ,,nil partes n�clved and Customer shall make ail eports required by law. Seller will not be liable for any special, indirect. incidental or consequential damages, wnether a sing from neg, gence. warranty. strict liability or otherw 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 torah. 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. C, stonier, 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 oy terser 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 shah aes ynate Customer shall, at its own expense, maintain liability and fire insurance and such otter insurance as Seller may request at the time of such leasing In the event of the insolvency or bankruptcy of the Customer. or in the evert the Customer violates any of the terms hereof. or fails to return 0 5: 1 A• r,yd 1 a. P. ,1 tI J: n is .per C i L' 'c may use ail force necessary to repossess sa 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 attorrey s fees and court costs. NOTICE OF NON WAIVER: The failure by the Seiler 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 ccnu'L,ed .is r• v: aver of Seller's right to demand strict compliance with and performance of all covenants, conditions and%or terms hereof. Not,ce of demand for strict compliance ,s nereby 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 toss 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 nr damage to them (normal ,vear and tear expected) until thay are returned to Seller. PLEASE NOTE. YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYI INDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINF!z_S DF,' F S C,r� THIS I'IV. ^IC`__ CUSTO,prn r n� r, 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 Le g Act if app' cable. Buyer may be charged any amount approved by Se:ier's credit drpnrtr^ent. subject h, :i,f cono: bons NO LATE C.�iARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY AHE SUBJECT TC A _ATE CHARGE OF 1.5'o PEI; MONTH (ANNUAL PERCENTAGE SATE OF 18"o) OR A MINIMUM OF $1.00 ON THE BALANCE DUE. INVOICE DATE YC6LNT tNUOIMB� To Place Orders call Sales 05/26/09 LM595 33274789 Dept. at: 317 481 -4550 PAYMENT DUE BY: 06/05/2009 R E M 982 PRAXAIR DISTRIBUTION INC 10247 3/3:12633 T DEPT CH 10660 PALATINE IL 60055 -0660 (800) 266 -4369 B CITY OF CARMEL FIRE D *MS* S CITY OF CARMEL FIRE D *MS* AP STATION 44 2 CIVIC SQUARE P 5032 E MAIN STREET CARMEL IN 46032 0 CARMEL IN 46032 PO p ORDER ORDER DATE 8RANCH SLS T SHIP VIA TERMS PAGE 0035045 -00 5/21 982 704 962 OUR TRUCK BNJ NET 10 1 ITEtd, NUMBER., vANrET, UANTITY iTE OESLF21PjiON UNtT UNIT PRt�£ AMOVI:YT 'SNIPPED:: 820 '.RET'U:: LOCATION: 982 OX M -AD 2 0 OXYGEN USP AD CL 4.80 9.60 VOL: 28 Lot: 0982 Qty: 2 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 3.95 3.95 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subtotal 21.55 TO TAL CYLINDERS SHIPPED: 2 RETURNED: 2 Pay your bills by credit card! Del Ch 17.50 Call 1-800-266-4369 to start. Tax .00 L BE CHARGED A SERVICE TAXABLE AMOUNT ACCOUNTS PAST DUE WIL CHARGE OF $I.00 OR A FINANCE CHARGE OF 1.5% t'�tl'.�.V.�O v E:.:.:......... 1. PER MONTH (I8% ANNUAL RATE) OF THE 00 OUTSTANDING BALANCE, WHICHEVER IS GREATER. J�4:[ 05 TERIMS 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 311 r drrs e ;moment. product or merchandise delivered, whether based on contract. negligence, warranty, strict liability or otherwise, shall be greater tha^ "r r 'e r tem in respect to which such c�aan 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 c e,lwpr, ert In ouch 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 ar c,oents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Sel'er. its ofhce 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 trarsporlat,on 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 cyl,nders andror 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 abie !or 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 in; acc nvolving said cylinders and/or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of %vitnesses anc pa tes and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arts cg'rom ^ey' cc nee. 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 expe an/ n,oney or incur any expense for Seller's or Customer's account for repairs to said cylinders and/or equipment. Seller may terminate any lease at any time by !ender 'o 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 sha" designate. Customer shall. at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of such leasing h the event of the insolvency or bankruptcy of the Customer, or in the event the Custome v bates any of the corms hereof. or fails to return Ili, L ;I OJ'. �u pnJCc SE, ^d JL' 9 a rib age I., at, °ruby aukin ,'fie ip go JpUn t "'h`r 5 pmf j d 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 andror 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 der for strict comphance 's hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order 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 andror attorney's fees incurred by Seller it 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 thern (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNO`Ai NT THAT THE CYL INDFR RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF R(JSINES' I" •'F SH01Y'i ON THiS INVOICE CUSTC! IG7' ,)toy aL! 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 qovernmental authority, and all of the charges are retained by Seller. DISCLOSUFIE STATEMENT h 0 may ay ba r.harged any amo approved by Se e cons tion5 ^i0 AIL i r +AN aE I HE ACCOUNT IS PAID 4ViTHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS F %i0i.'i DE LIV ARE SUBJECT 'C 4 F ;,It CHARGL Or 1 PLH h,10'\I1H ,AINNIPL PERCENTAGE RATE OF 18'.) OR A MINIMUM OF $100 ON THE RA'_ANCE CUE. INVOICE 06/03/09 LM593 33367820 To Place Orders call Sales Dept. at: (317) 481 4550 *PAYMENT DUE BY: 06/13/2009 R E M 982 PRAXAIR DISTRIBUTION INC 10569- 113:13303 T DEPT CH 10660 PALATINE IL 60055 -0660 CITY OF CARMEL FIRE D *MS* (800) 266 -4369 R AP 2 CIVIC SQUARE S CITY OF CARMEL FIRE D *MS* L CARMEL IN 46032 -7543 P STATION 45 T 10701 N COLLEGE AVENUE D 0 INDIANAPOLIS IN 46208 PO p ORDER p ORDER DATE BRANCH SLS TEAR SHIP VIA TERMS PAGE 0125838-000 6/01 982 704 962 OUR TRUCK JAF NET 10 1 vANTLT uaron2x CYtINQEii5 IINk? UNIT PRtCE: A(�UNT 17E1d NUM�Eft ifI tS i5E8CRIF ?.Ip(� SNWR66 8t0 611AIPE0RET'D: LOCATION: 982 OX M -AD 0 OXYGEN USP AD L 4.80 28.80 VOL: 84 Lot: 0982915321 Qty: 6 ZZZHM 0 HAZARDOUS MATERIAL CHARGEEA 4.32 4.32 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subt otal 41.12 TOTAL CYLINDERS SHIPPED: 6 RETURNED: 6 Pay your bills by credit ca rd! Del Ch 17.50 Call 1-800-266-4369 to start. Tax .00 TAXABLE AMOUNT ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE CHARGE OF SIDI) OR A FINANCE CHARGE OF 1.5% p PER MONTH 011 ANNUAL RATE) OF THE 00 1VL F 1 S8 62 OUTSTANDING BALANCE, WHICHEVER IS GREATER.'I'!:` 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 cylinder:, 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 iability 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 oy tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within the county as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the hme of s, ch Ir a= n i In the event of the 1— olvency or hankruptcy of the Customer. or in the event the Customer violates any of the terms hereof, or fails to return ti 1, .1 "(1 2q.i,pm; i eu .p:, h n,,su v.,thout notice. immediately in of the and or egeir ^iu, shall immediatu'y ;errr Seller fray repossess the same or any part thereof n i val :t lug i' pioces ano 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 Sel;e at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliances hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller In collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE. CUSTOMER S Flt ?R; C lrj,,! IF SOLVENCY: Buyer f'. ,yE h.,, not ceased to pay its debts in the ordinary course of ousiness, that it can pay its coots as they become due, and that Buyer is soiveni within the n:e,w.ng 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 n ccn,p ianc,. e'd I iuth -In Lcnding Act if applicable, Buyer may be charged any amount approved by Seller's credit department, subject to the following conditions NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5 PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. INVOICE oaT NUMBER k� �1 s fNUQ� 06/03/09 LM594 33367821 To Place Orders call Sales Dept. at: 317 481 -4550 *PAYMENT DUE BY: 06/13/2009 R E M 982 PRAXAIR DISTRIBUTION INC 10569 2/3:13304 T DEPT CH 10660 PALATINE IL 60055 -0660 (800) 266 -4369 CITY OF CARMEL FIRE D *MS* S CITY OF CARMEL FIRE D *MS* L AP STATION 41 2 CIVIC SQUARE P 2 CIVIC SQUARE CARMEL IN 46032 o CARMEL IN 46032 pO p ORDER p ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE 0125597 -00 6/01 982 704 962 OUR TRUCK JAF NET 10 1 UANT4T UAtfTITY ITEM M11Mg f2 sHmPEa; s�D iiEM. i3 TiDN UNti IjNIT PRtC Aid SHSPPED RFT'D: LOCATION: 982 OX M -AD 15 0 OXYGEN USP AD CL 4.80 72.00 15 4 VOL: 210 Lot: 0982913 24 Qty: 7 Lot: 0982915321 Qty: 7 Lot: 0982913 25 Qty: 1 OX M -M 2 0 OXYGEN USP M CL 17.17 34.34 2 1 VOL: 248 Lot: 0982914 01 Qty: 2 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 7.95 7.95 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subt 122.29 TOTAL CYLINDERS SHIPPED: 17 RETURNED: 5 Pay your bills by credit card! Del Charge 17.50 Call 1- 800 266 -436 to start. +x .00 TAXABLE AMOUNT I V::I: C ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE CHARGE OF $1.00 OR A FINANCE CHARGE OF I.S% PER MONTH (IB% ANNUAL RATE) OF THE 00 139.79 OUTSTANDING BALANCE, WHICHEVER IS GREATER. i 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 clam is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment rernains 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 ncu 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 cylinder:, 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 he licensed. Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or equipment for any cause. Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written consent of Seller, to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within the county, as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the ttmn or scch Icasi In the event of the insolvency or hankruptcy of the Customer. or in the event the Customer violates any of the terms hereof, or fails to return the 1 it y: I,r� or equipment a ✓ed ,I: I W t IA 12, OaSe Shall ,vd :100t notice. immediately csscssicr, of the and or equipment shall amine.liateiy terminate. Seller may repossess the same or any part thereof wdt v u, c, a ,th a "ithout legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and/or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and/or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's fees and court costs NOTICE OF NON- WAIVER: The failure by the Seller. at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance Is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE CUSTOML __3L 0 iL._\'L l"U" P.,ve r v'. ceased tr, pay its oubis ❑i true orbinw: cr,urse of business, that it pan pay it, debts as they become due, and that Buyer is soiveni wdnwn t,.c ,i et ;he feuera, 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 c.r', p. r.: ce c uerai Truthdn 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. =p Q INVOICE or �n�H 1No»�M 06/03/09 LM595 33367822 To Place Orders call Sales Dept. at: 317 481 4550 *PAYMENT DUE BY: 06/13/2009 R E M 982 PRAXAIR DISTRIBUTION INC 10569- 3/3:13305 T DEPT CH 10660 0 PALATINE IL 60055 -0660 (800) 266 -4369 B CITY OF CARMEL FIRE D *MS* S CITY OF CARMEL FIRE D *MS* a l AP STATION 44 0 2 CIVIC SQUARE P 5032 E MAIN STREET CARMEL IN 46032 0 CARMEL IN 46032 PO M ORDER K ORDER DATE BRANCH Sly TERP SHIP VIA TERMS PAGE 0125830 -00 6/01 982 704 962 OUR TRUCK JAF NET 10 1 lac In oe5:; O.UANT4T.. UAM ITV IcE?a r�uca9a iMpescalaTi4r1 �t�cr 11NaT rre 4MOtlJk SHtPPEO:::. :8t0 E :RET'D:: LOCATION: 982 OX M —AD 3 0 OXYGEN USP AD CL 4.80 14.40 3 3 VOL: 42 Lot: 0982915321 Qty: 3 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 3.95 3.95 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subt otal 26.35 TOTAL CYLINDERS SHIPPED: 3 RETURNED: 3 Pay your bills by credi ca rd! Del Char e 17.50 Call 1-800-266-4369 to start. T x .00 TAXABLE AMOUNT ACCOUNTS PAST DUE WILL RE CHARGED A SERVICE 43.85 CHARGE OF $1.00 DR A FINANCE CHARGE OF I.5% o0 PER MONTH (18% ANNUAL RATE) OF THE OUTSTANDING BALANCE, WHICHEVER lS GREASER. k S 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 cylinder::, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and/or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty, strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires the user to be licensed, Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or equipment for any cause, Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written consent of Seller, to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and/or equipment to the Seller at such place, within the county. as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of s ,cl lea ir the event ,.f 'he rsolvencl or bankruptcy of the Customer. or in the event the Customer violates any of the terms hereof, or fails to return r) i(. (J i jL s .vi eq.,pnu 1 :1 ,fe% ,,r" i 'end f "c' lease s, j;!, 6vthout ncflce. immediately t(. �asse��un of the cvluiaei and or equipment shall immediately rerrn,naie� Se ^er may repossess the same or any part (hereof vvah o v.it( ::ici -th or v,,thout 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 darnages and claims of darriage 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 ;he 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 co ,I.,,oa 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. !oss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE. CUSTOMER'S REFRESI I rf FATiON 0= SOLVENCY: Buyer rep tr� �-e or Ii B ,per ha.S not ceased to pay its debts in uie ordinary course of business. that it can pay its debts as they become due. and that Buyer is solvent witn the n 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 rnade in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may incluae vai o,is itemized charges. including: charges for the handling of hdzdrdbi)s materials and for compliance With laws and regulations concerning hazardous materials; charges for han,ilwg delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or fee paid to or unposed by any governmental authority, and •ail if tfla charges are retained by Seller. n ail', 'ne F Truth In Lending Act it applicable, Buyer may ay be charged any STATE a pp rov ed conditions NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES 1 1 D CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF,$1.00 ON THE BA ANCE d y Seller credit Y l s x AYL FR ANCE OM D RIVE, SUE. ARE SUBJECT TO A LATE' 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)) 33367822 $43.85 33367821 $139.79 33367820 $58.62 33274789 $39.05 33274788 $48.65 33274787 $43.85 33242863 $31.75 33242862 $18.59 33242861 $125.19 33242859 $23.75 1 hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6 20 Clerk- Treasurer VOUCHER NO. WARRA NO. ALLOWED 20 98-.2 Praxair Distribution, Inc. IN SUM OF Dept Ch 10660 Palatine, IL 60055 -0660 $573.09 ON ACCOUNT OF APPROPRIATION FOR Carmel Fire Department PO# Dept. INVOICE NO. ACCT #/TITLE AMOUNT Board Members 1120 33367822 42 311.00 $43.85 1 hereby certify that the attached invoice(s), or 1120 33367821 42- 311.00 $139.79 bill(s) is (are) true and correct and that the 1120 33367820 42 311.00 $58.62 imaterials or services itemized thereon for 1120 33274789 42- 311.00 $39.05 1120 33274788 42- 311.00 $48.65 which charge is made were ordered and 1120 33274787 42- 311.00 $43.85 `i received except 1120 33242863 42- 311.00 $31.75 1120 33242862 42- 311.00 $18.59 JUN 2 2 Z 009 1120 33242861 42- 311.00 $125.19 i 1120 33242859 42- 311.00 $23.75 r Fire Chief Title Cost distribution ledger classification if claim paid motor vehicle highway fund