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172704 05/27/2009 CITY OF CARMEL, INDIANA VENDOR: 360202 Page I of I ONE CIVIC SQUARE 982-PRAXAIR DISTRIBUTION INC CHECK AMOUNT: $649.64 CARMEL, INDIANA 46032 DEPT CH 10660 PALATINE IL 60055-0660 CHECK NUMBER: 172704 CHECK DATE: 5/27/2009 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1 120- 1 4231100 33042875 84.74 BOTTLED GAS 1120 4231100 33078062 69.66 BOTTLED GAS 1120 4231100 33078063 86.22 BOTTLED GAS 12 0 4231100 33078064 39.05 BOTTLED GAS 1120 4231100 33078071 53.45 BOTTLED GAS 1120 4231100 33078072 66.30 BOTTLED GAS 1120 4231100 33078073 56. BOTTLED GAS 1120 4231100 33133575 78.37 BOTTLED GAS 1120 4231100 33133576 64.14 BOTTLED GAS 1120 4231100 33133577 51.42 BOTTLED GAS INVOICE f]AT£ kCCGiUNF;;t:fNi!410E 05/14/09 LM593 33133575) To Place Orders call Sales Dept. at: 317 481 -4550 *PAYMENT DUE BY:, 05/24/2009 R E M 982 PRAXAIR DISTRIBUTION INC 10610 1/3:13623 T DEPT CH 10660 PALATINE IL 60055 -0660 CITY OF CARMEL FIRE D *MS* (800) 266 -4369 B AP 2 CIVIC SQUARE S CITY OF CARMEL FIRE D *MS* L CARMEL IN 46032 -7543 P STATION 45 T 10701 N COLLEGE AVENUE D Ii�nlil' 11II1 nu��n1�1��n1�1�1�11�n�n��l��nn1�1�1�u�� 0 INDIANAPOLIS IN 46208 pp p ORDER p �RDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE 9933196 -00 5/12 982 704 962 OUR TRUCK JAF NET 10 1 DUANTVT ITY.:Yf.IiVI}ER$:: irE NUM9R ssnpP stD fM �3ESCxi>rtior� Uxrr ttwfr rr� AMOUl�IT LOCATION: 982 OX M -AD E 0 OXYGEN USP AD L 4.80 28.80 VOL: 84 Lot: 0982913322 Qty: 6 OX M -M 1 0 OXYGEN USP M CCL 17.17 17.17 VOL: 124 Lot: 0982913301 Qty: 1 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 6.90 6.90 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subt 60.87 TOTAL CYLINDERS SHIPPED: 7 RETURNED: 7 Pay your bills by red't c rd! Del ar e 17.50 Call 1- 800 266 -436 to sta T x .00 TAXABLE AMOUNT ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE 14 CHARGE OF 81.00 OR A FINANCE CHARGE OF 1.5% PER MONTH (18% ANNUAL RATE) OF THE T 111 78. 3 00 OUTSTANDING BALANCE, WHICHEVER IS GREATER. IYl U**- 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 'he Ome or such leasinq Ir, the evort o' 'r —s 'vonr.y ,+r hnnkrnptcv of the Custom or in the nw. r 1 .r t• hereof or fads to ;nc cy and,or egwpmert or t!.e cyunde ana or equipment are evied o, I it Ut nonce. immecPately terminate and all rights of the Customer to possession of the cylinders and /or equipment shall immed,ale t !Prf r we S e i —posboss me same or any part thereof with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customers property and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees Expressly waives all damages and claims of damage or trespass, physical or pecuniary. caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages cl :e 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 covenant, 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 resF nasbl ^y!indor r- q,iiornent as to proper care, maintenance, loss of or damage to them morma; wear and tea expected) until they are returned t„ Sa, n. Ft f ,',F E Ji H PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS 5H„JdN ON Tri INVOICE .S 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 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 d regulations roncerni na h­erdn matanals charges for handlina. delivery and shipping; and'or charges for energy or fuel. None of the charges represent a tax or tee paid to or imposnd by any governrcontai autnonty 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 Se r-ed t dci _bject to the following conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROt.' r)FI VF ARE SUBJECT TO A LATE CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BAl A ^1. INVOICE SAT£ ;[iG�L3tJN?F iYU�1S� iVIfRAE3ER: 05/14/09 LM594 33133576 To Place Orders call Sales Dept. at: (317) 481 -4550 *PAYMENT DUE BY: 05/24/2009 R E M 982- PRAXAIR DISTRIBUTION INC 10610 2/3:13624 T DEPT CH 10660 0 PALATINE IL 60055 -0660 (800) 266 -4369 B CITY OF CARMEL FIRE D *MS* H CITY OF CARMEL FIRE D *MS* AP I STATION 41 0 2 CIVIC SQUARE T 2 CIVIC SQUARE CARMEL IN 46032 CARMEL IN 46032 p0 p ORDER X ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PACE 0 9933222-0005/12 982 704 962 OUR TRUCK JAF NET 10 1 QUA ITY #�IikO£S3S.: ICE#d HUM�EE� SNPSD::: sto 1M €sciFT�Dr1 t1xtT nu�r n� AMOEJIV LOCATION: 982 OX M -AD 0 OXYGEN USP AD CL 4.80 33.60 VOL: 98 Lot: 0982912'21 I Qty: 4 Lot: 0982913322 Qty: 3 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: 9 Pay your bills by credit card! Del Char e 17.50 Call 1-800-266-4369 to start. T x .00 TAXABLE AMOUNT J ACC PAST DUE WILL BE CHARGED A SERVICE 11ti "V ©ICE: CHARGE OF $1.00 OR A FINANCE CHARGE OF 15% PER MONTH (19% ANNUAL RATE) OF THE OUTSTANDING BALANCE, WHICHEVER IS GREATER. 00 AIVIOLJINT........ 64 .14 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 t of srch. (�a< l^ t r r b .:Cy nr the CuSf ^"rer r)' L,r, r t nr r f, 1 ;'n the c i -ndeis and or e L,u nrEni a o tr in:rrI Y .t o c u� ment are r��.ed a o�, Y q P P t "once. irm ately terminate and all rights of the Customer to possess un of the cyrnders and/or equipment snail rmmediatery twni ale Sc n r :.iy cuss, :he 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; indemnity 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 Sailer in rollechro nayment due or enforcing the terms of these conditinns and hn r—ro r-ihin F^ ^,rnd— nr nnain nent as in prepe are ma�r.:e eoce, loss of :r 7a­age u, u,rn %o,rr and tear expected) until they are returned J: %T OF [HIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS iN YOUr, r.AP„ ;ri ).7 1115 IPd'JO,CE !S 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 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 -1'd regulations concern:ret hdr:rdr,us walc­� charges for handlingl deliveryy and shippinq: nndror chr. for ^nrr ^.v nr f:re! None of +hp charges represent a tax or foe pa to or imposed by .r onver ,,_!oort and au of the charges are retained by Se ;r DISCLOSURE STATEMENT In compliance with the Federal Truth -In Lending Act, if applicable, Buyer may be charged any amount approved by Serer s credit depar—r ,,,olc t to the following 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 $1.00 ON THE BALANCE DUE =gip Q INVOICE f]k4£_. ,A t.*bUNT;# fNUC11C;_ NiffvlEiESt.,;; 05/14/09 LM595 33133577 To Place Orders call Sales Dept. at: (317) 481 -4550 *PAYMENT DUE BY: 05/24/2009 R E M 982 PRAXAIR DISTRIBUTION INC 10610- 3/3:13625 T DEPT CH 10660 PALATINE IL 60055 -0660 (800) 266 -4369 B CITY OF CARMEL FIRE D *MS* S CITY OF CARMEL FIRE D *MS* L AP H STATION 44 2 CIVIC SQUARE p 5032 E MAIN STREET CARMEL IN 46032 o CARMEL IN 46032 1 ,00 ORDER p ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE 9933231 -00 5/12 982 704 962 OUR TRUCK JAF NET 10 1 caf ire #s; I�E3d NUt1B f2 DuANnz.. Tav;:: iEEM �5�$C? IPt1Otk f1Nkr 1 IN T PFt10E A O SHIPPED:; 8t0 "WpFO RET�' LOCATION: 982 OX M -AD 0 OXYGEN USP AD CL 4.80 4.80 VOL: 14 n98 9 Lot: VJV2:J1J G2 Qty: 1 OX M —M 1 0 OXYGEN USP M CL 17.17 17.17 VOL: 124 Lot: 0982913301 Qty: 1 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 3.95 3.95 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subt 33.92 TOTAL CYLINDERS SHIPPED: 2 RETURNED: 2 Pay your bills by red't c rd: Del Charge 17.50 Call 1- 800 266 -436 to sta Tax .00 TAXABLE AMOUNT I ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE t1V' V Q }yE:, CHARGE OF $1.00 OR A FINANCE CHARGE OF 1.$% PER MONTH (18% ANNUAL RATE) OF THE OUTSTANDING BALANCE, WHICHEVER IS GREATER. 00 TY1ol/W.I. 51 TERMS CONDITIONS These terms and conditions represent the entire agreernent 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 tI,e time of suci lea �r -I b, Py� _)f cn,;y o! Uptcy of the Customer or n Ili .s hP�eof, cr fa;'.-; to retL:rn the cylinders and,or equipment or a, the e.( the cylinders end or equipment are levied upon by an, eq,i l r. Thou: notice. ,rnmed terminate and all rights of the Customer to possession of the cylinders and /or equipment shall hi mediate'y termu,dte Sc o may rc,pnsse5s 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 navment due or enforcing the terms of these conditions and be respnnq hin fn rv1 nrlPrs or equipment as to proper care, main'enance. loss of or ,iarr:ige to 1 en w —ai v, e,r a^u '.ear expected) until 'hey are r IUinerl i'l I i Sri r'4' 'J' Ji [HIS INVOICE IS YOUR ACKNOWLEDGMENT THAI THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS iN YOW1 RAN:' :,i- 'd f Iii le,\'J'CE 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 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 regulations concern °,q hazardous in ge; for liandlinq. delivery and shipping ard.'or charnn^ fir nnr or fnPI Nnne of the charges represent a tax or fee pain to or imposed cy .,ny govi pl, ,I�i_,ty_ ar,d a _t ti e charges are retained by Sol,- DISCLOSURE STATEMENT In compliance with the Federal Truth -In Lending Act, if applicable, Buyer may be charged any amount approved by Sc.-A­ cd t depart —f �_;:,cct to the following 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 INVOICE pATEi ACCOUNT NV010E NUMBEq' To Place Orders call Sales 04/27/09 LM594 33042875 Dept. at: (317) 481 -4550 *PAYMENT DUE BY: 05/07/2009 R E 982- PRAXAIR DISTRIBUTION INC 2688- 1/1:2694 T DEPT CH 10660 PALATINE IL 60055 -0660 CITY OF CARMEL FIRE D *MS* (800) 266 -4369 B AP o 1 2 CIVIC SQUARE S CITY OF CARMEL FIRE D *MS* CARMEL IN 46032 -7543 STATION 41 2 CIVIC SQUARE o CARMEL IN 46032 PO p ORDER p OROER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE 9749617 -00 4/23 982 704 962 OUR TRUCK BNJ NET 10 1 I CYLINDERS ITEM'. T NUAS6E.. 0.UANT4T uaHTITY. iTEM IIE'SCt21FTIDN k1Nf7 11N1T Vf?tCE .��0 SHtP.PFD 810, N+PED :RET'O LOCATION: 982 OX M -M 3 C I OXYGEN USP M L 17.17 51.51 3 3F3 3 VOL: 372 Lot* 0 982 9 10401 Q �y 3 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 7.73 7.73 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subtotal 67.24 T OTAL CYLINDER SHIPPED: 3 RETURNED: 3 Pay your bills by credit card! Del Char e 17.50 Call 1 -800- 266 -436 to start. T x .00 j ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE TAXABLE AMOUNT INV OICE': J C"AIGE OF $1.00 OR A FINANCE CHARGE OF t.5% PER MONTH ANNUAL RATE) OF THE 00 p n'(�OL /A] 84.74 OUTSTANDING BALANCE, WHICHEVER IS GREATER. A Vf U �l E &iV!S COND! TIONS These terms ano conditions represent the entire agreement betweer the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES- UISCLAIMER: 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 msde. 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 Custorner 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 co.:nty a the SePer chall des orate. Customer shall. at its own expense, maintain 'iandify and fire insurance and such other insurance as Seller may request at of the terms hereof, or fads to return _V,. d,: of aq,npnic at i, jai such lease shall, without notice. immediately tern —U X' .y• to possosson of the cylinders and /or egrnpment shall immediately te; nunate. 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 waver 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 rrttcfor fe,'� r -ter+ h" cr i in toll —f—i pavment due or enforcing the terms of theca condition, and he responsible for cylinders or equipment as to proper care, a ai it dnd nxprr te:ui unnl r y rue rranme(l "ir Pi FAS,- NO YOUR PAYMENT OF THIS INVOICE IS a" 1 Ir J�t ii rI�LR HFN fA� ALANCF OF OUR CYr INLAEHS IN OUH HANDS 6HOViN ON THIS INVOICE IS CORRECT AT THE CLOSE OF HoSINLSL, HF UAIF SN04NN 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 Cy any governmental authority. and all of the charges are retained by Seller. DISCLOSJr E STATE 9 I^ Truth -1•1 L: rg Ac; if app:icsu,e Buyer may be charged any amount approved by Seller's credit department. subject to the following conodc s id(', -A E +AHGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHANGE OF L5'. PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. INVOICE 0A'[£. <:ACCO11N7::# :tNV01C£ NllN16Ef1 04/22/09 LM593 32972062 To Place Orders call Sales Dept. at: (317) 481 -4550 *PAYMENT DUE BY: 05/02/2009 R E M 982 PRAXAIR DISTRIBUTION INC 12997 1/3:17025 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 STATION 45 10701 N COLLEGE AVENUE INDIANAPOLIS IN 46208 F ORDER ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE 9691542 -00 4/20 982 704 962 OUR TRUCK JAF NET 10 1 MBR nunwTh unHTITV CYLINOE{3S IT€M DESCRIPTION IJW UNIT PWL AMOUNT SHl7PFD 070 sHIPPEO :RFT'D LOCATION: 982 M -AD 0 OXYGEN USP AD L 4.80 38.40 VOL: 112 Lot: 0982909 24 Qty: 8 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 5.76 5.76 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subt 52.16 70 TAL CY INEERS SHIPPED: 8 RETURNEE: 5 Pay your bills by credit c rd! Del Char e 17.50 Call 1- 800 266 -436 to sta T x .00 TAXABLE AMOUNT ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE 1111VQICE CHARGE OF $1.00 OR A FINANCE CHARGE OF 1.5% PER MONTH (IB% ANNUAL RATE) OF THE OO 69.66 OUTSTANDING BALANCE, WHICHEVER IS GREATER. TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cy!inders 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 sha!' at is o•.vn expense, maintain liahility and fire insurance and such other insurance as Seller may request at u q,i, y ,f the Gstnmer or in the event t Custornt-r v,o'dttjs any of Iht^ ;e ms nereof. or fads to return t`_ r h rynnders and al r,g;ipment are levied upon by any legal process, such lease sna'l, without notice, immediately erm i ;r,d all n,,r I tl,, ;wtome :o cossossion of the cylinders and/or equipment shall immediately terminate. Seller may repossess the same or any part thereof w,tn or w;inoul notice ano 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 nttcm• fr ^r. h c ^ii r &,E e ,fnrcinq the terms of these conditions. and be responsible for cvlinders or equipment as to proper care. 1 r ,t zi nd t( axr.ected) r�ntil they are returned to Seller. PLEASE NOTE YOUR PAYMFNT OF THIS INVOICE IS vCUlA nG t;Ov>>l L,. r t.' r,' I I-If C c I;L H Ht. NTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS Ord 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 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 concerns ^q hazardous materials: charges for handling, delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or fee pa!d to or unposed by any governmental authority. and all of the charges are retained by Seller. JISCLOSUHE STATEMENT L,0'-. Le dvi Act if applicable. Buyer may be charged any amount approved by Seller's credit department. subject to the following c. .il_, NO t A F I ,GE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5', PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. INVOICE DATE ACCOUNT: 4::: ._INVOICE NumBER 04/22/09 LM594 32972063 To Place Orders call Sales Dept. at: 317 481 -4550 PAYMEATT DUE BY: 05/02/2009 R E M 982 PRAXAIR DISTRIBUTION INC 12997- 2/3:17026 T DEPT CH 10660 PALATINE IL 60055 -0660 (800) 266 -4369 B CITY OF CARMEL FIRE D *MS* S CITY OF CARMEL FIRE D *MS* AP STATION 41 2 CIVIC SQUARE P 2 CIVIC SQUARE CARMEL IN 46032 0 CARMEL IN 46032 PO ORDER ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE 9691524-0004/20 982 704 962 OUR TRUCK JAF NET 10 1 DLIANT47 UANTIFY C4LINC -Ef$ CEtd. NUMBER J fEM bESCRI T UN17 UNtt PRL AffA Ur $HiP.PEP 8JO 3HSPPEO ;RET'D LOCATION: 982 OX M -AD 11 0 OXYGEN USP AD CL 4.80 52.80 11 12 VOL: 154 Lot: 0982909 24 Qty: 11 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 7.92 7.92 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 OX M -D C 0 OXYGEN USP D CL 4.80 .00 VOL: 0 subt otal 68.72 TOTAL CY IN ER SHIPPED: 11 RETURNEE: 12 Pay your bills by credit c rd! Del ar e 17.50 Call 1- 800 266 -436 to sta T x .00 TAXABLE AMOUNT ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE CHARGE OF $1.00 OR A FINANCE CHARGE OF 1.5% �1 PER MONTH IIe% ANNUAL RATE) OF THE 00 .........Ai/l(J.UIVT....::...; 86..22 OUTSTANDING BALANCE, WHICHEVER IS GREATER. TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents, and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty, strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires the user to be licensed, Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or equipment for any cause, Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written consent of Seller, to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any lease at any 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 r cr" a­ ,nn (U shah at is awn expense. maintain liability and fire insurance and such other insurance as Seller may request at a: ar „ptcy u' the Cu- tcmer, or in thr evrm, ^e CusiornU- v� _,r, o' hr, tams hereof. or fa,'s to return cy• c r. 're avent it on cylinders and or equipment are levied upon by any legal process. such lease shall. �Otlout notice. immediately ;en nate vi no all rights ci :ne Cuslonter to possession of the cylinders and /or equipment shall immediately terminate. Seiler may repossess tote same or any part thereof with or without notice ano 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 eouipment 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 ittnr�n nr, n"i n rnllnrt,n, ­v­ t rl, n nr nnforcinq the terms of these conditions. and be responsible for cylinders or equipment as to proper care, ti P pe,a(`d) u n l i t tI�,ey ,are returned to Seller. Pt EASE N O I F YOUR PAY PAENT OF THIS INVOICE IS +,A i t1 I; hr H HL'i I AL I.ALANCE OF OU CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DANE 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 concerninq 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 a.iy governmental authority, and all of the charges are retained by Seller. :DISCLOSURE STATEMENT ,.oL1 Buyei may be charged any amount approved by Seller's credit department subject to the following NO -.A'f. CHAP ",t. if THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5 PE!P MONTH IANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. INVOICE DATEI> ACCOL3JT' i< .:4N+/QiCE NUnABER.>::: 04/22/09 LM595 32972064 To Place Orders call Sales Dept. at: 317 481 -4550 *PAYMENT DUE BY: 05/02/2009 R E 982 PRAXAIR DISTRIBUTION INC 12997- 3/3:17027 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 44 2 CIVIC SQUARE P 5032 E MAIN STREET CARMEL IN 46032 o CARMEL IN 46032 PO tt ORDEP k ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE 9691536 -00 4/20 982 704 962 OUR TRUCK JAF NET 10 1 DUANTLT Q UANTITY C'ILItvDERS ICEM NUMBER::; iT €M i3ESCR1pTiON k1NtT? 11NiT PRtCF AMOt111fT SNIPPED 810 SPPED :RET D LOCATION: 982 OX M -AD 2 0 OXYGEN USP AD CL 4.80 9.60 2 3 VOL: 28 Lot: 0982909 24 Qty: 2 ZZZHM 1 0 HAZARDOUS MATERIAL CHARG EA 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: 3 Pay your bills by credit card! Del ar e 17.50 Call 1- 800 266 -436 to start. T x .00 I I TAXABLE AMOUNT rC ACCOUNTS PAST DUE WILL CHARGED A SERVICE _:�,�V V.O14C CHARGE OF 51.00 OR A FINANCE CHARGE OF I.5% .V PER MONTH (18% ANNUAL RATE) OF THE OUTSTANDING BALANCE, WHICHEVER IS GREATER. 00 :.;:.;AI\/IOUNT:::::::::' 39 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 taw 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 ;I _v a t� mown expense. ma liability and fire insurance and such other insurance as Seller may request at 'ne C,S,o;nur or �n Me eVenl `.e CuslU,n• v: •i y r, Ili_ m4 ne•eof. or fails to return ;e• 1.. 'I c is ;1! tl,e c�llnuers a 1 or eq•npmcnt are levied upon by any legal process, such leasc sra'i. A,!hout notice. immediately to r ,.ate and all rights of ,r•e Cu;,OrT er 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 arir rnr fno= .nr�, .rid by 1 ;r' 11 r ^Nl,ctinp navm-it due or enforcing the terms of these conditions. and be responsible for cylinders or equipment as to proper care. sr,! s( r ,;xr acted) until thev are returned to Seller. PLEASE NOTE YOUR PAYMENT OF THIS INVOICE IS YC JH F.CRNOV•' r C, I HAI FIE 1., rL i )l R RE NTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS NVOICE. 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 frorn 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 unposed by any governmental authority, and all of the charges are retained by Seller. LASCLOSURE STATEMENT La 1,y Act it uppi,ca le. Buyer may be charged any amount approved by Seller's credit department, subject to the following r, n 'r NO LA 1 IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE GHARGE OF 1.5'., r'EH f,,ONTH (ANNUAL PERCENTAGE_ RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. INVOICE f1hTE 3. :':<kGOk1N'f' :t61UQ10E iVFfMEiEF{. 33078071 To Place Orders call Sales 05/04/09 LM593 Dept. at: (317) 481 -4550 *PAYMENT DUE BY: 05/14/2009 R E M 982 PRAXAIR DISTRIBUTION INC 7108 1/3:8715 T DEPT CH 10660 PALATINE IL 60055 -0660 CITY OF CARMEL FIRE D *MS* (800) 266 -4369 B AP 1 2 CIVIC SQUARE S CITY OF CARMEL FIRE D *MS* L CARMEL IN 46032 -7543 H STATION 45 10701 N COLLEGE AVENUE o INDIANAPOLIS IN 46208 PO ORDER ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE TOM 9815858 -00 4/30 982 704 962 OUR TRUCK SR NET 10 1 vnNris uatari +r:CVLiNAEl3.. REM NUMBi A iM �3E$CRI. ?TiO�t E1N4T �1tJ�7 3 6ttG Iaf� 1�1ET SNiVR60 810. SNSPPfO'RYr:D EL AS TOM SMALL 4175042 LOCATION: 982 OX M -AD 0 OXYGEN USP AD L 4.80 24.00 3 VOL: 70 Lot: 0982911 25 Qty: 5 ZZZHM 1 0 HAZARDOUS MATERIAL CHARG EA 3.95 3.95 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Su tot 1 35.95 TOTAL CYLINDERS SHIPPED: 5 RETURNED: 3 Pay your bills by redit c rd! Del Char e 17.50 Call 1- 800 266 -436 to sta t. T x .00 TAXABLE AMOUNT ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE IA:II !Q I/�C CHARGE OF 51.00 OR A FINANCE CHARGE OF 1.5% ..1 V 1, ..........I Cr PER MONTH (18% ANNUAL RATE) OF THE OUTSTANDING BALANCE, WHICHEVER IS GREATER. 00 AMUUf1T .:::.::::::::i 53.45 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 anv expense for Sellers or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate ary !ease at any time by tender to Customer of unused rent in which event Customer shall fortLwith return cylinders and /or equipment to the Seller at such place, within t: c expense m,alntain liability and fire insurance and such other insurance as Seller may request at ta,� y bii ,pty of the Custuinur. or in the event the Custome• violates any of the terms hereof, or fails to return e :I t u, cr aq e' e. .n the eecn th,e cylinders an or equipment are levied upon by any legal process, such lease shall, without notice, immediately termirate and all rights of the Customer to possession of the cylinders and /or equipment shall immediately terminaie. 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- WA!VER: 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 Gut 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 rttcmev's fees incurred by Setter in coilectmq nayment due or enforcing the terms of these conditions. and be responsible for cylinders or equipment as to proper care. n..r•t •11 ,,nd !ear expected) until they are returned to Seller. PLEASE NOTE YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLLUG I_N' 1 HA I fHE (.YL NO[ R HE NTAL 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 patty 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 imposea by any governmental authority. and all of the charges are retained by Seller. DISCLOSURE STATEMENT c 1 0 in Le- Act if apphcable. Buyer may be charged any amount approved by Sellers credit department. subject to the following raid i< N'U LA.' IF THE .ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1 PEH MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. nI I' "VOI�+ E ?....A :Av.01C£. limBER.... To Place Orders call Sales 05/04/09 LM594 33078072 Dept. at: 317 481 -4550 *PAYMENT DUE BY: 05/14/2009 A E M 982 PRAXAIR DISTRIBUTION INC 7108 -2/3:8 716 T DEPT CH 10660 PALATINE IL 60055 -0660 (800) 266 4369 B CITY OF CARMEL FIRE D *MS* 5 CITY OF CARMEL FIRE D *MS* L AP H STATION 41 2 CIVIC SQUARE P 2 CIVIC SQUARE CARMEL IN 46032 o CARMEL IN 46032 PO K ORDER b ORDER DATE BRANCH SLS TEAR SHIP VIA TERMS PAGE TOM 9815848 -00 4/30 982 704 962 OUR TRUCK SR NET 10 1 ..IT JIB E� YANTITY cv�irinsas M CftIA.. D. UNt7 1T PFt A ssnee¢o-....s.:: .v.s t u1u .rte M4 E 1D 8111PPe0: �ReT. a�::;:: �i::;;::;::;::;: 2: o: o: o: o: o:; ;:o:�;:.:«;�;::;;;;:;:::;::;::: EL ASE TOM SMALL4175042 LOCATION: 982 OX M -AD 7 0 OXYGEN USP AD CL 4.80 33.60 11 VOL: 98 Lot: 0982911 25 Qty: 7 ZZZHM 1 0 HAZARDOUS MATERIAL CHARG EA 7.20 7.20 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subtotal 48.80 TOTAL CY IN ER SHIPPED: 7 RETURNEE: 11 Pay your bills by credit c rd: Del Char e 17.50 Call 1-800-266-4369 to sta t. T x .00 TAXABLE AMOUNT ACCOUNTS PAST DUE WILL CHARGED A SEA VICE [R t� fQxrC CHARGE OF $1.00 OR A FINANCE CHARGE OF 1.5% PER MONTH NB% ANNUAL NICHE ER THE 00 _A11Ik EJf ll`? 66.30 OUTSTANDING BALANCE, WHICHEVER IS GREATER. TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES- DISCLAIMER: Seller warrants all cylinders. equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty. strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents, and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and,'or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty, strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or eau pment 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 Sellei, 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 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 ,l is own exoense maintain liability and fire insurance and such other insurance as Seller may request at i anRr ,t,a.y of the Custumer. or in the event Ine C,,storner wo,atos any cJ the terms hereof, or fails to ref jm the cyl.m,t s an,I or e, ;he evr;t t 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. Selier 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 fur 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: indemnity 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 ,ttr,u•.e} cPr ncurr—t nv SF• -ler in cols cnno in-,vi d or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care. 1 11 1 v id leaf expected) until they are returned to Seller. PLEASE NOTE YOUR PAYMENT OF THIS INVOICE IS YOUH 1 L.!',, rki tf urn !'t ,TAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SIiOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATL 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 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 concerninq 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 L nr r 1 r r i ALt if appl cab Buyer may be charged any amount approved by Sellers credit department, subject to the follow, ng nri hr, NO t Al L Cl jAHr;E IF 714 ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5 PER i.iONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. INVOICE KGC�UNT iJSSMiEr. To Place Orders call Sales 1 05/04/09 LM595 1 33078073 Dept. at: 317 481 -4550 PAYMENT DUE BY: 05/14/2009 R E M 982 PRAXAIR DISTRIBUTION INC 7108 3/3:8717 T DEPT CH 10660 PALATINE IL 60055 -0660 (800) 266 -4369 B CITY OF CARMEL FIRE D *MS* s CITY OF CARMEL FIRE D *MS* AP H STATION 44 2 CIVIC SQUARE P 5032 E MAIN STREET CARMEL IN 46032 0 CARMEL IN 46032 PO p ORDER 4 ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE TOM 09815873- 0004/30 982 704 962 OUR TRUCK SR NET 10 1 nUANT[T uAnirlRV.`CYLIn10ERS I�'EM .NUMB kt X.:'SHI PfiP: 91tl .RET'D ik ka 6E$ Ftlf TIDN' UNFt `UNIT I+RIC AE ..:.,U kT EL AS TOM SMALL 4175042 LOCATION: 982 OX M -AD 2 0 OXYGEN USP AD CL 4.80 9.60 2 2 VOL: 28 Lot: 0982912 21 Qty: 1 Lot: 0982909 24 Qty: 1 OX M -M 1 0 OXYGEN USP M CL 17.17 17.17 VOL: 124 Lot: 0982911 01 Qty: 1 ZZZHM 1 0 HAZARDOUS MATERIAL CHARG EA 4.02 4.02 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subtotal 38.79 TOTAL CY IN ER SHIPPED: 3 RETURNEE: 3 Pay your bills by red't card! Del Char e 17.50 Call 1 -800- 266 -436 to start. T x .00 ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE TAXABLE AMOUNT EF CHARGE OF 51.00 OR A FINANCE CHARGE OF 1.5% PER MONTH (I8% ANNUAL RATE) OF THE OUTSTANDING BALANCE, WHICHEVER IS GREATER. 00 U 56. 2 9 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 nct 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 !ease nt any tuna by tenter to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within r v rxcense ma tn;r liability and f re insurance and such other insurance as Seller may request at c y or inc Customer or in the event +nc Cu_�tor r vio.a's� any of the :erns hereof, or fails to return the :y c,. an n cn ip n; r c ";nt U.e cyunders ar 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 attorneys fee; inc.rmd by Seller in collectmn' oavment due or enforcing the terms of these conditions. and be responsible for cylinders or equipment as to proper care, r In r.( ,i and tear expected) until they are returned to Seller. PLEASE NOTE YOUR PAYMENT OF THIS INVOICE IS YOUR AC CNOb'JLLUC;:. l_!.' T H r A l T11t r 'aI:E R I* NTAL 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 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 c, L :.r piny Ac+. if applicable. Buyer may be charged any amount approved by Sellers credit department. subject to the toJow ng ro, N LA't CHA'iO 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. Prescribed by State Board of Accounts City Form No. 201 (Re 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)) 33078073 $56.29 33078072 $66.30 33078071 $53.45 32972064 $39.05 32972063 $86.22 32972062 $69.66 33042875 $84.74 33133577 $51.42 33133576 $64.14 33133575 $78.37 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. WARRA N O. 982- Praxair Distribution, Inc. ALLOWED 20 IN SUM OF Dept Ch 10660 Palatine, IL 60055 -0660 $649.64 ON ACCOUNT OF APPROPRIATION FOR Carmel Fire Department PO# Dept. INVOICE NO. ACCT #/TITLE AMOUNT Board Members 1120 33078073 42- 311.00 $56.29 1 hereby certify that the attached invoice(s), or 1120 33078072 42- 311.00 $66.30 bill(s) is (are) true and correct and that the 1120 33078071 42- 311.00 $53.45 materials or services itemized thereon for 1120 32972064 42- 311.00 $39.05 1120 32972063 42- 311.00 $86.22 which charge is made were ordered and 1120 32972062 42- 311.00 $69.66 received except 1120 33042875 42- 311.00 $84.74 1120 33133577 42- 311.00 $51.42 MAY 2 2 ZD 1120 33133576 42- 311.00 $64.14 1120 33133575 42- 311.00 $78.37 o a Fire Chief Title Cost distribution ledger classification if claim paid motor vehicle highway fund