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HomeMy WebLinkAbout170277 04/01/2009 CITY OF CARMEL, INDIANA VENDOR: 360202 Page 1 of 1 ONE CIVIC SQUARE 982 PRAXAIR DISTRIBUTION INC CHECK AMOUNT: $726.00 i CARMEL, INDIANA 46032 DEPT CH 10660 PALATINE IL 60055 -0660 CHECK NUMBER: 170277 CHECK DATE: 4/1/2009 DEPARTME AC PO NUMBER INVOIC NUMBER AMOUNT DESCRIPTION 1120 4231100 32418423 75.18 BOTTLED GAS 1120 4231100 32418424 145.33 BOTTLED GAS 1120 4231100 32418425 53.45 BOTTLED GAS 1120 4231100 32536960 106.19 BOTTLED GAS 1120 4231100 32536961 106.19 BOTTLED GAS 1120 4231100 32536962 64.14 BOTTLED GAS 1120 4231100 32660675 22.43 BOTTLED GAS 1120 4231100 32660678 106.42 BOTTLED GAS 1120 4231100 32660679 16.81 BOTTLED GAS 1120 4231100 32660680 29.86 BOTTLED GAS Q O D D 0 Q nI INVOICE i« %iACfiUNT::> ltdifQli iUfulBf? M.M.A. To Place Orders call Sales 02/26/09 LM595 32418425 Dept. at: (317) 481 -4550 *PAYMENT DUE BY: 03/08/2009 R E M 982 PRAXAIR DISTRIBUTION INC 10997 3/3:14119 T DEPT CH 10660 PALATINE IL 60055 -0660 (800) 266 -4369 B I CITY OF CARMEL FIRE D *MS* 5 CITY OF CARMEL FIRE D *MS* AP I STATION 44 2 CIVIC SQUARE P 5032 E MAIN STREET CARMEL IN 46032 0 CARMEL IN 46032 PO k JORDER N ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE TOM SMALL 9145268 -00 2/24 982 704 962 OUR TRUCK SR NET 10 1 eve i s:: UANT 'ICY::. iFx1�r1 AMT.. �z: 1. I.. Eft.. M11M9 kM.3.. SCR........................................ .........UN.................... ssRP...... BtD::::. Reza:::;; ......:o:;;;;:: ;:«c;;;:;:;:;:;:;:;: i:?:;: RE LEASE TOM SMALL 4175042 LOCATION: 982 OX M -AD E 0 OXYGEN USP AD L 4.80 24.00 VOL: 70 Lot: 0982905 22 Qty: 5 ZZZHM 1 0 HAZARDOUS MATERIAL CHARG A 3.95 3.95 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subtotal 35.95 TOTAL CYLINDERS SHIPPED: 5 RETURNED: 6 Pay your bills by credit card! Del Charge 17.50 Call 1-800-266-4369 to start. Tax .00 ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE TAXABLE AMOUNT 1. CHARGE OF $1.00 OR A FINANCE CHARGE OF 1.5Y. i::: PER MONTH (12% ANNUAL RATE) OF THE OUTSTANDING BALANCE, WHICHEVER IS GREATER. 00 ##1lIClJ1''C_''s 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. uniL„ 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 o, 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 bole 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 Sel'er steal designate Customer shall, at Its own expense. maintain liability and fire insurance and such other insurance as Seller may request at the time of such leasing In the event of tie nsolvency or bankruptcy of the Customer, or in the event the Customer v elates any of the terms hereof, or fails to return the rtdinderc ao('I nr n,, rrtrnt n it tF" n.,� +tin r Ill rr�, terminate anti wl nqr 1. •1 n' I'— i r id c r h,� I I r 1 .1 I I with or without no`Ice and with or without egal process, and Seller and its agents are nereby authonzea to go upon. C, stc­ E. s property ar:n en ovc mpe.or,erls :w 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.ior terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders: reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICF IS (ORRF(.T AT THE CLOGS OF RI igiNir =cc n r rut nrT n CUSTOMER S REPRE 1 "i• Buye represents tr, aB_;,r sr•d to .s Ir inc, u. ry ,;rsr o n 1, ,U. it ;a'i pa; Ject�- a� t"<-y uc,ome due. ana that Buyer is solvent within the meat ngof the lederai oankruptcy act LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials; charges for handling, delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT In compliance with the Federal Truth -In Lending Act, if applicable. Buyer may be charged any amount approved by Seller's credit department, subject to u e conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A _AT CHARGE OF 1.5 PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. INVOICE WWI To Place Orders call Sales 02/26/09 LM594 32418424 Dept. at: (317) 481 4550 *PAYMENT DUE BY: 03/08/2009 R E M 982 PRAXAIR DISTRIBUTION INC 10997 2/3:14))8 T DEPT CH 10660 PALATINE IL 60055 -0660 (800) 266 -4369 B CITY OF CARMEL FIRE D *MS* S CITY OF CARMEL FIRE D *MS* AP I STATION 41 0 2 CIVIC SQUARE P 2 CIVIC SQUARE CARMEL IN 46032 0 CARMEL IN 46032 PO X F61M OM 44127 -00 2/24 982 704 962 OUR TRUCK SR NET 10 1 r: a«« FE#d:<NUM R<: >z: 3F�M:I Nt7;:;; a ..............Bi U........................t .............flkVJ�3t11X.... sR RE LEASE TOM SMALL4175042 LOCATION: 982 OX M -D S 0 OXYGEN USP D L 4.80 43.20 2 VOL: 126 Lot: 0982905E23 Qty: 9 OX M -M 4 0 OXYGEN USP M CL 17.17 68.68 VOL: 496 Lot: 0982905 01 Qty: 4 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 7.95 7.95 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 OX M -AD 0 0 OXYGEN USP AD CL 4.80 .00 10 VOL: 0 Subtotal 127.83 TAL CYLINDERS SHIPPED: 13 RETURNED: 16 Pay your bills by credit card! Del Charge 17.50 Call 1-800-266-4369 to start. Tax .00 TAXABLE AMOUNT"���� ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE ___.�I�tVQ\iC.' CHARGE OF $1.00 OR A FINANCE CHARGE OF 1.5% PER MONTH (18L ANNUAL RATE) OF THE OUTSTANDING BALANCE, WHICHEVER IS GREATER. 00 ``A1[Cl�JI'T' 145 .33 TERMS CONDI 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 even' 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 c= loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties Involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty, strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and/or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires the user to be licensed, Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or equipment for any cause, Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written consent of Seller, to expend any money or Incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place. within the county, as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of such leasing. In the event of the insolvency or bankruptcy of the Customer. or in the event the Customer violates any of the terms hereof, or fails to return terminate and all nghls o t,ast ,)mer tc, of th. cy )de,s incl.,r eri..• shall n uu. r, .1"' t.a with or without notice and with or without legal process, and Seller and Its agents are hereby authorized to go upon Customers property and remove Impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals. merchandise, product and damages due hereunder, and for reasonable attorney's fees and court costs. NOTICE OF NON- WAIVER: The failure by the Seller, at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regu!arly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage: indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHONrN ON THIS INVOICE IS CORRECT AT THE CLOSF OF RIJSIPIFCC nNl TPr7 nATI= cunin nrl ­aic iK?X1 `r CUSTOMER'S REPR; 5S—NT ,U S- Buyer represents to set r gat t3 ye d ceased to p,.y as .IL'WFI in 111(3 o'o "a', ,ourse of i_ ­s,nc s, it al n can pa; :s dcots is they become due, and that Buyer Is solvent within the mean ng of the tederal 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 qovernmental authority. and all of the charges are retained by Seller. DISCLOSURE STATEMENT In compliance with the Federal Truth -In Lending Act, if applicable, Buyer may be charged any amount approved by Seller's credit department, subject to the toa'orr: conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. p: Q INVOICE dT£:: To Place Orders call Sales 1 02/26/09 LM593 32418423 Dept. at: 317) 481 -4550 *PAYMENT DUE BY: 03/08/2009 R E M 982 PRAXAIR DISTRIBUTION INC 10997 1/3:1411 T DEPT CH 10660 T PALATINE IL 60055 -0660 CITY OF CARMEL FIRE D *MS* (800) 266 -4369 B AP 2 CIVIC SQUARE S CITY OF CARMEL FIRE D *MS* CARMEL IN 46032 -7543 STATION 45 P 10701 N COLLEGE AVENUE o INDIANAPOLIS IN 46208 PO ORDER N ORDER DATE BRANCH SLS TERR SHIP VIA I TERMS PAGE TOM 9144467 -00 2/24 982 704 962 OUR TRUCK SR NET 10 1 A I r�ia Hu iM ri 's iPr M o :..t�tr ax.: crx. U !:.......rc sue.:.:: RE LEASE TOM SMALL4175042 LOCATION: 982 OX M -AD S 0 OXYGEN USP AD L 4.80 43.20 VOL: 126 Lot: 0982902 22 Qty: 1 Lot: 0982904 23 Qty: 8 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 6.48 6.48 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subtotal 57.68 TOTAL CYLINDERS SHIPPED: 9 RETURNED: 9 Pay your bills by credi d! 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% PER MONTH (18X ANNUAL RATE) OF THE p OUTSTANDING BALANCE, WHICHEVER IS GREATER. .00 75.18 TERMS CONDMONS 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 o. loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for. by the Seller. in the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty, strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires the user to be licensed, Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or equipment for any cause, Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written consent of Seller, to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and/or equipment to the Seller at such place, within the county, as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of such leasing. In the event of the insolvency or bankruptcy of the Customer. or in the evert the Customer v olat— anv of the terms hereof or fails to return I E .r' Ir o r., -.:r en❑ ur equ;r Y.:' ...ru de. P o- 1 with or without nonce and with o ivitho,.; ega process, and Seller and its agents are hereby authorized to go upon Gusto•ner s tuoperty Brio remove impea.ments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and Its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorneys fees and court costs. NOTICE OF NON WAIVER: The failure by the Seller, at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF RUSINFSA nNI THE D.ATF SHninrN nN Twlq 1 ^I\ 1 1 CUSTOMER'S RlaPRIE-SEr! i A :Jrl OF 1 300'E dCY. Buyer represents to Sep er .n,; Bayer I as ro, eased to pay its aeots in the ord nary course: of hus,ness. that It can pay ,u debts as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials; charges for handling, delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT In compliance with the Federal Truth -In Lending Act, if applicable, Buyer may be charged any amount approved by Seller's credit department, subject to the following conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5 0 o PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. INVOIC :7tE NUNI6E 03/12/09 LM595 32536962 To Place Orders call Sales Dept. at: 317 481 -4550 *PAYMENT DUE BY: 03/22/2009 R E M 982 PRAXAIR DISTRIBUTION INC 10668- 3/3:14002 T DEPT CH 10660 PALATINE IL 60055 -0660 (800) 266 -4369 B i CITY OF CARMEL FIRE D *MS* S CITY OF CARMEL FIRE D *MS* AP I STATION 44 2 CIVIC SQUARE P 5032 E MAIN STREET CARMEL IN 46032 0 CARMEL IN 46032 PO ORDER ORDER DATE BRANCH ISLS ITERR I SHIP VIA TERMS PAGE 09280412 0003/10 982 704 962 OUR TRUCK JHP NET 10 1 UANTGf u0.NTITY:'��� e�uiviJrnge i�ia o�sciFr oN user `:u�un vakc AMOUNT SfAPPE9 810 SHSPPEO 'RET'D LOCATION: 982 OX M -AD 0 OXYGEN USP AD L 4.80 33.60 VOL: 98 Lot: 0982905E24 Qty: 7 ZZZHM 1 0 HAZARDOUS MATERIAL CHARG EA 5.04 5.04 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subtotal 46.64 TOTAL CY IN ER SHIPPED: 7 RETURNED: 6 Pay your bills by credit card! Del Char e 17.50 Call 1-800-266-4369 to start. T x .00 TAXABLE AMOUNT flllVOfGE ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE CHARGE OF $1,00 OR A FINANCE CHARGE OF 1.5% PER MONTH (16% ANNUAL RATE) THE 00 ..ANEC3UIVT 64.14 OUTSTANDING BALANCE, WHICHEVER ER IS GREATER. i EERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other aareernents 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 ary expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within the county, as the Seller shall designate. Customer shall. at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of such Ieasinn. In the event of the insolvencv or bankruotcy of the Customer. or in the ever.± me Customer violates any of the terms hereof, or fails to return Cnc Cy r c T t•u v: are ley,ed upon t v,v i,gt:i preC�ss, s.icn ;ease shell. without notice, immediately terminate and all nights of the Customer to possession of the cylinaers and /or equipment shall nimediately 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 or, regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS iNVC CE CUSTOMER'S REPRESENTA 7 iON 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 tees and costs of suit. CLAIMS: All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials; charges for handling, delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT 1, comcnancc with the Federal Truth -In Lending Act, if applicable Buyer may be charged any amount approved by Seller's credit department, subject to the following conditions NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5 PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. INVOICE 04T£ a�0� tNAi£ iv SNiBEfi 03/12/09 LM593 32536960 To Place Orders call Sales Dept. at: (317) 481 -4550 *PAYMENT DUE BY: 03/22/2009 R E M 982 PRAXAIR DISTRIBUTION INC 10888 1/3:14000 T DEPT CH 10660 PALATINE IL 60055 -0660 CITY OF CARMEL FIRE D *MS* (800) 266 -4369 AP 2 CIVIC SQUARE CITY OF CARMEL FIRE D *MS* L CARMEL IN 46032 -7543 STATION 45 0 P 10701 N COLLEGE AVENUE 0 INDIANAPOLIS IN 46208 PO I ORDER I ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE 09280433 -00 3/10 982 704 962 OUR TRUCK JHP NET 10 1 QUANTfT: 11ANtITV :,CYl li�}DERS. TEM:;NUMBER iTEt1 DESCfiIP ION UNIT ;uN1x AMOUNT $N 020 SHSPREO IiET'O: PFED LOCATION: 982 OX M -AD E 0 OXYGEN USP AD L 4.80 38.40 VOL: 112 Lot: 0982905 23 Qty: 8 OX M -M OXYGEN USP M L 17.17 34.34 2 1 VOL: 248 Lot: 0982905 02 Qty: 2 ZZZHM 1 0 HAZARDOUS MATERIAL CHARG EA 7.95 7.95 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Su tot 1 88.69 T OTAL CYLINDERS SHIPPED: 10 RETURNED: 10 Pay your bills by credit ca rd! Del har e 17.50 Call 1-800-266-4369 to start. T x .00 TAXABLE AMOUNT 1n1 ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE ti V: V Ol. CHARGE OF $1.00 OR A FINANCE CHARGE OF 1.5% PER MONTH (IB% ANNUAL RATE) OF THE 00 w l 06 19 OUTSTANDING BALANCE, WHICHEVER IS GREATER. HfVl 1 C/ TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, 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 Seiler at such place, within the county. as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of such leasing. In *he even` of the in!zolvencv or bankrun'.cv of the Customer. or in the event the Customer violates any of the terms hereof, or fails to return il- ,;,r ,s 3n _y.oi, ors 1)"- ire evied upon !,y -y gai p s...:n erase shall. without notice, immediately terminate and all nghts of the Customer to possession of the cylinders and;or equipment shall immediately terminate. Seller may repossess the same or any part thereof with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's fees and court costs. NOTICE OF NON WAIVER: The failure by the Seller, at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise. product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seiler in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE CUSTOMER S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials; charges for handling, delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT In cem� wdh. the Federal Truth -In Lending Act, if applicable. Buyer may be charged any amount approved by Seller's credit department, subject to the following condilon& NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5 PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. INVOICE okTE�o� tNQ� ��Mg�p 03/12/09 LM594 32536961 To Place Orders call Sales Dept. at: 317 481 -4550 PAYMENT DUE BY: 03/22/2009 R E M 982 PRAXAIR DISTRIBUTION INC 10888 2/3:14001 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 STATION 41 2 CIVIC SQUARE P 2 CIVIC SQUARE CARMEL IN 46032 0 CARMEL IN 46032 PO b ORDER b ORDER DATE BRANCH [LS TERR SHIP VIA 09280355 -00 3/10 982 704 962 OUR TRUCK JHP NET 10 1 OUANTL7: UANTITY LINDE32 S TE1d :NUM9Eft iT€M DE5Ci21PfiON UNIT MT PWIC AMOUi11T SHIPPED:: 820 :SHLPPfO LOCATION: 982 OX M -M 2 0 OXYGEN USP M L 17.17 34.34 2 VOL: 248 Lot: 0982905 02 Qty: 2 ZZZHM 1 0 HAZARDOUS MATERIAL CHARG EA 7.95 7.95 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 OX M -AD 8 0 OXYGEN USP AD CL 4.80 38.40 VOL: 112 Lot: 0982905E24 Qty: 2 Lot: 0982905 22 Qty: 1 Lot: 0982905 23 Qty: 5 Su total 88.69 T OTAL CYLINDERS SHIPPED: 10 RETURNED: 9 Pay your bills by credit c rd! Del Char e 17.50 Call 1-800-266-4369 to sta t. T x .00 AXABLE AMOUNT [ACCOUNTS PAST pUE WILL ARGE BE CHARGED A SERVICE l4C OF 81.00 OR A FINANCE CHARGE OF 1 5% P MONTN (IBY. ANNUM RATE) OP THE 00 A7��:RID IA IT 106 TSTANDING BALANCE, WHICHEVER IS GREATER. J'111FI IJ�V I 7 TERMS CONDITIONS These terms and conditions represent the entire agreement between the Parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES- DISCLAIMER: Seller warrants all cylinders, 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 flcnP Of Such leasing In the evert Of the irsolvencv or bankruptcy of the Customer. or in the event the Customer violates any of the terms hereof, or fails to return the cynnders anrror u or w the event the cylinders and'or equipment are levied upon by any legal process. such lease snail. 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 ail rentals, merchandise, product and damages due hereunder, and for reasonable attorney's fees and court costs. NOTICE OF NON WAIVER: The failure by the Seller, at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE. CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business. that it can pay its debts as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials; charges for handling, delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT In cornpbance wM the Federal Truth -In Lending Act, if applicable, Buyer may be charged any amount approved by Seller's credit department, subject to the following conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS, ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5 PER MONTH (ANNUAL PERCENTAGE RATE OF 16 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 32536962 $64.14 32536961 $106.19 32536960 $106.19 32418425 Oxygen $53.45 32418424 Oxygen $145.33 32418423 Oxygen $75.18 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. WA NO. ALLOWED 20 982 Praxair Distribution, Inc. IN SUM OF Dept Ch 10660 Palatine, IL 60055 -0660 $550.48 ON ACCOUNT OF APPROPRIATION FOR Carmel Fire Department PO# Dept. INVOICE NO. ACCT #/TITLE AMOUNT Board Members 1120 32536962 42- 311.00 $64.14 1 hereby certify that the attached invoice(s), or 1120 32536961 42- 311.00 $106.19 bill(s) is (are) true and correct and that the 1120 32536960 42- 311.00 $106.19 materials or services itemized thereon for 1120 32418425 42- 311.00 $53.45 1120 32418424 42- 311.00 $145.33 which charge is made were ordered and 1120 32418423 42- 311.00 $75.18 received except MAR 3 0 20 Fire Chief Title Cost distribution ledger classification if claim paid motor vehicle highway fund fs j o n CYLINDER U D DEMURRAGE RENTAL INVOICE 32660680 P.. i1BER To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: 317) 481 -4550 DEPT CH 10660 irua #ce:i:; PALATINE IL 60055 -0660 800 266 -4369 03/20/09 58863 3/3:73263 BRN 982 Acroiinra:;: >::::z:;:: LM595 CITY OF CARMEL FIRE D *MS* CITY OF CARMEL FIRE D *MS* AP H STATION 44 2 CIVIC SQUARE P 5032 E MAIN STREET T CARMEL IN 46032 T CARMEL IN 46032 O 0 COMMENTS: PO N HC TERR PAYMENT DUE BY: 04/19/09 1 962 9EGtlkLNG::GYlUitlCIFS: :CYUNDERS:i:END'1NG: ::C.V.LtNdEBS T::.'... afIYtS?SCE:::::i:ii:i.'." :::i:':::::i:i... t3EN....CYt1NAlRL:.;:;:>: NllMHER::.:::::::::: :::::::::::::::::::BA[ANCE..gHl RTA::: ttma�u... RAI.ANCE...:.L£ASER::TXPE..:._: RAYS:.::::::::.:::::::::::::::. Customer Owned Leases 15 R 410 Med high pres 50cf 18 12 12 18 15 AY 70 .115 8.05 R 411 Med HiPr <50CF W /XRS 1 0 0 1 0 AY 28 .420 11.76 R 430 Med high pres 50cf 2 0 0 2 0 AYI 56 .109 6.10 R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 3.95 3.95 TAX: .00 TOTAL VALUE OF CYLINDERS 1690 .00 BA LA NOT OF ERS IINSYOUR INVO HANDS AC K N O WLEDGES CORRECT AT THE CLOSE AB OF 29.86 BUSINESS ON THE DATE SHOWN ON THIS INVOICE. TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WAR RANTIES DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item 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 .1 ^y 'rase at ,pry t'nc t,o S, c, I i, want C,:°,tu Ee all fe to P r 1' ,urti o'ace .,.•v..,. the county. as the Seiia lad i1L:, gn,A, shoo at t, ":,r expense. rnaint,iw ,iaui.ili w ;i .1�, .t5 Sc :ier may request at the Lme of such leasing in me event ut the nso,ven�y or bankruptcy of the Customer, or in the cee j array trir, term, nereot. or fails to returr. the cylinders and /or equipment or in the event the cylinders andror equipment are levied upon by ar.y iegal 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. Seiler 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 cut of injuries to persons. or damage to property co—ected lvd� 'le .:re o` the rented cylinders or equipment and or the contents of the cylinders: reimaurse Se;'e fo any reasonable cost ana,or attorney's fees inCUrred oy Seiler in collecting payment due or enforcing the terms of these conditions. and be responsible 'o y, nder or equpment as to proper care. maintenance. loss of or damage to them (normal wear and tear expected) until they are returned to Seller PLEASE NOTE YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE. CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business, that it can pay its dents as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials; charges for handling, delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT In compliance with the Federal Truth -In Lending Act, if applicable, Buyer may be charged any amount approved by Seller's credit dopartment subject to the foilow conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. Tt p n0 0 o CYLINDER ir>aaac: a a Q DEMURRAGE RENTAL INVOICE 32660679 i:NUbIBQ�:::? To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: 317) 481 -4550 DEPT CH 10660 #ruaice'i::::::: PALATINE IL 60055 -0660 800 266 -4369 03/20/09 58863- 2/3:73262 BRN: 982:AcrouriT: LM594 CITY OF CARMEL FIRE D *MS* CITY OF CARMEL FIRE D *MS* a AP H STATION 41 2 CIVIC SQUARE P 2 CIVIC SQUARE T CARMEL IN 46032 T CARMEL IN 46032 0 0 COMMENTS: PO N HC TERR PAYMENT DUE BY: 04/19/09 962 G `.......5 B�GHkNNC: %CXtlAffRS;:::fM fNDERS: :.;:.;QRDEft::>R::::: i:;:kPIVAt. E......... E3EN... CYt:iNCEHI::::; I S. i AT 1dB£R S.H:Fp ::::::::.:::::::::::::::UtJ�SHMP£A:::aEttrc BALANCE :.::.tEASEQ::T.YPE..:::: RAMS.::::::::::.:::::::::::::.::: Customer Owned Leases 15 R 410 Med high pres 50cf 7 17 19 5 15 AY 0 .115 .00 R 430 Med high pres 50cf 4 6 6 4 0 DAY 118 .109 12.86 R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 3.95 3.95 TAX: .00 TOTAL VALUE OF CYLINDERS 1220.00 BA ANCE OF O R F IN S YOUR HANDSK S CORRECT AT THE CLOSE 16.81 BUSINESS ON THE DATE SHOWN ON THIS INVOICE. TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPI. IED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment. product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item irr respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents- caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents. and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment 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 'ea�c a! a'. y h,no ry ter Jr r r <pd r( I r.h event Custwnt, shalt frill 1,11_ 1 °sllo n' such place within the county, as the Seller shah desyidte n,O, snal at its own expense, mdir.ta.r. ,abil ,vi j rr:( ,,,.r as belief may request at the time of such leasing. In the event of tre insolvency or bankruptcy of the Customer, or in the eve h 1 storner .,na; 3ny of the terns hereof, or fails to return the cylinders and /or equipment or in the event the cylinders and /or equipment are levied upon by any legal pro(,eas, 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 Seiler against all loss arising out of injuries to persons. or damage to property cei with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Selle i any reasonable cost ana,'oi attorneys fees incurred ny SON n (.ndect rig payment due or enforcing the terms of these conditions, and be responsible C' Irrd, or equipment as to proper care. maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE YOUH PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE. CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials; charges for handling, delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT In compliance with the Federal Truth -In Lending Act, if applicable, Buyer may be charged any amount approved by Seiler s credit department subject to the following conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY" ARE SUBJECT TO A LATE CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. CYLINDER �r}ua�c:::z3►®::::::::::: DEMURRAGE RENTAL INVOICE 32660678 To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: 317) 481 -4550 DEPT CH 10660 tiuoic:iR>: PALATINE IL 60055 -0660 800- 266 -4369 03/20/09 58863- 1/3:73261 BRN: 982 CITY OF CARMEL FIRE D *MS* LM593 AP 2 CIVIC SQUARE CITY OF CARMEL FIRE D *MS* CARMEL IN 46032 -7543 H STATION 45 P 10701 N COLLEGE AVENUE T �i�n�iunn�ni�in������u�u�n�unE�i���u T INDIANAPOLIS IN 46032 D O COMM NTS: PO N HC TERR k PAYMENT DUE BY: 04/19/09 962 :>fl'E,GHkllNC::CXHPOfRS: ::EYLfNDERY:>::LMMNG::i::> E.Y.11pdERS T:.:... REM...CYk1lVAEHt: r FiA. AS. RNG£ ::SHtaPEA;',eE2Hro .:.1*01 ik ii$£ft .ER :T:BBE:: RAI! 5.::::...::.: Customer Owned Leases 15 R 410 Med high pres 50cf 38 17 18 37 15 DAY 635 .115 73.03 R 430 Med high pres 50cf 6 2 1 7 0 DAY 179 .109 19.51 R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 13.88 13.88 TAX: .00 TOTAL VALUE OF CYLINDERS PLEASE NOTE: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE ABOVE 3830 .00 BALANCE OF OUR CYLINDERS IN YOUR HANDS IS CORRECT AT THE CLOSE OF 106.42 BUSINESS ON THE DATE SHOWN ON THIS INVOICE. TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or unde rstandings. 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 wilt 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 t n,e "v ed rr ..h .c event Castomrr shall fortliwi .11 I •hc 3f irh place ithin the county. as the Seller siiall designate Cub:, shall. at its own expense, maintain iiabdity and rr aid !rw, trice as Seller may request at the time of such leasing. In the event of the insolvency or bankruptcy of the Customer, or in the event the Customer ,ro.�te, any of the terms hereof, or fads to return the cylinders and/or equipment or in the event the cylinders and /or equipment are levied upon by any legal process. such lease shall, without notice, immediately terminate and all rights of 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 Sel!cr for any reasonable cost and,'or attorney's fees incurred by Seller a collecting payment due or enforcing the terms of these conditions a­d be responsible to cwinoers or equipment as to proper care. maintenance loss of or damage to them (normal wear and tear expected) until they are returned to Seller PLEASE NOTE YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE. CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay 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: Alt claims for detective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials; charges for handling, delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority. and all of the charges are retained by Seller. DISCLOSURE STATEMENT In compliance with the Federal Truth -In Lending Act, if applicable, Buyer may be charged any amount approved by Sellers credit department, subject to the following conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. CYLINDER DEMURRAGE RENTAL INVOICE 32660675 s ::...G£.fPfUN1SE#r::: To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: 317) 481 -4550 DEPT CH 10660 1.WO.Ic DATE PALATINE IL 60055 -0660 800 266 -4369 03/20/09 35871- 1/1:35943 BRN: 982 CITY OF CARMEL FIRE *MMS* LM332 2 CIVIC SQUARE CARMEL IN 46032 -7543 CITY OF CARMEL FIRE *MMS* II H 2 CIVIC SQUARE L I L P TT CARMEL IN 46032 O O COMMENTS: PO HC TERR p PAYMENT DUE BY: 04/19/09 962 V{I G£ HEGtlALNC:: CYlUS DPR5::: EYLf NDER.S:::END'1NG;:;::::CYlWtlf6S T: or�a rt...... tN PEN... c.> r lalsa�et:::: IT. FM:;t 0.MB£ 3 $�4P:.4?xct> �FAf::;:::::::: lxA1C?UN17::; >i MBE PR c:9'Ett1RNEt)::Y >::;.NU.. R BAkANC �:SH7... BA................ BAkRN�i>;:: ic:C$ASERi :TYPE: AA.. S............................. R 410 Med high pres 50cf 2 0 0 2 0 AY 56 .330 18.48 R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 3.95 3.95 TAX: .00 TOTAL VALUE OF CYLINDERS 120.00 BALANCE OF OUR Y CYLINDERS F IN S YOUR HANDS K IS CORRECT AT THE HE CLOSE OF 22.43 BUSINESS ON THE DATE SHOWN ON THIS INVOICE. �rx PLE PGF =cTO 4Nn_c_ uctnl nn� P0911 ^_N ENT TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings. unless expressly stipulated on this invoice. WAR RANTIES- 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 claims 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 Custome s account ^r repairs to said cylinders and /or equipment. Seller may terminate Q. ,t gjr r n r u ^ca as Feuer mey req;.est at e t ru y >c, J t Cs!, :,r• eer. Cs:. ,1'es a of the tens hereof, or fa,ls to return the cyhncers and/or eq m ;he evert lie cyunuers ano or equipment are iev,ed upon by any ega, process such pease 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 reunburse Seder at the current rate of charges for such loss or damage: ndemnify Seller against all loss arising out of injuries to persons, or darnage to prop cu ectod Yvith t ^e lise of the rented cylinders or equipment and or the contents if tt r cy' rh.irG Sella ror ary reasonablo cos; and or `e ii,, ,t,_ n 'CF pCn hb� for C\ iirj,,; Ir I 3s 1 ca'e sear ano tear expected) unto nee/ aye re:uIned to Saar PLEASE NOTE YOUR PAYMENT OF THIS INVOICE IS NDFR RENTAL BALANCE OF OUR CY:_;NDr-RS IN YOUR HANDS SHC1'!N ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS U I'A't SHJv!. "v 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 attorneys 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 a:!hcrity, and all of the charges are retained by Seller. DISCLOSURE STATEMENT In compliance with the Federal Truth -In Lending Act, if applicable. Buyer may be charged any amount approved by Seller's credit department, subject to the following conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5 PER MONTH (ANNUAL PERCENTAGE RATE OF 18%) OR A MINIMUM OF S1.00 ON THE BALANCE DUE. Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 32660680 $29.86 32660679 $16.81 32660678 $106.42 32660675 $22.43 1 hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6 20 Clerk- Treasurer VOUCHER NO. WARRANT N ALLOWED 20 982 Praxair Distribution, Inc. IN SUM OF Dept Ch 10660 Palatine, IL 60055 -0660 $175.52 ON ACCOUNT OF APPROPRIATION FOR Carmel Fire Department PO# Dept. INVOICE NO. ACCT #/TITLE AMOUNT Board Members 1120 32660680 42- 311.00 $29.86 1 hereby certify that the attached invoice(s), or 1120 32660679 42- 311.00 $16.81 bill(s) is (are) true and correct and that the 1120 32660678 42- 311.00 $106.42 materials or services itemized thereon for 1120 32660675 42- 311.00 $22.43 which charge is made were ordered and received except Fire Chief Title Cost distribution ledger classification if claim paid motor vehicle highway fund