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HomeMy WebLinkAbout167557 01/07/2009 CITY OF CARMEL, INDIANA VENDOR: 360202 Page 1 of 1 0 ONE CIVIC SQUARE 982 PRAXAIR DISTRIBUTION INC CHECK AMOUNT: $648.27 ?a CARMEL INDIANA 46032 DEPT CH 10660 oN o PALATINE IL 60055 -0660 CHECK NUMBER: 167557 CHECK DATE: 1/7/2009 DEPAR TMENT ACCOUNT PO N UMBER INVOICE NUMBE AMO UNT DESCRIPTION 1120 4231100 31701200 103.74 BOTTLED GAS 1120 4231100 31701201 77.34 BOTTLED GAS 1120 4231100 31701202 46.24 BOTTLED GAS 1120 4231100 31799474 24.94 BOTTLED GAS 1120 4231100 31799477 108.35 BOTTLED GAS 1120 4231100 31799478 15.80 BOTTLED GAS 1120 4231100 31799479 20.01 BOTTLED GAS 1120 4231100 31831048 72.96 BOTTLED GAS 1120 4231100 31831049 75.15 BOTTLED GAS 1120 4231100 31831050 103.74 BOTTLED GAS INVOICE flA'i'£':::aGCi3llNT'.:: faisioit 3�lSA9E3EYfi> 12/24/08 LM593 31831048 To Place Orders call Sales Dept. at: (317) 481 -4550 *PAYMENT DUE BY: 01/03/2009 R E M 982 PRAXAIR DISTRIBUTION INC 44569 5/7:56990 T DEPT CH 10660 PALATINE IL 60055 -0660 (800) 266 -4369 B CITY OF CARMEL FIRE D *MS* B CITY OF CARMEL FIRE D *MS* L AP STATION 45 2 CIVIC SQUARE P 10701 N COLLEGE AVENUE CARMEL IN 46032 o INDIANAPOLIS IN 46208 PO A ORDER A ORDER DATE BRANCH SlS TERR SHIP VIA TERMS PAGE 8533819 -00 2/22 982 704 948 OUR TRUCK ARC NET 10 1 LANTIT_ NTITY :CyLanR. REEe NiiMBER iFM {3p$CTf.R1iDk tiNt7 UNi1 PRtC£' ARAOUIVT SHIPPED:: 820 BNfPPEO RET'D: LOCATION: 982 OX M -M 2 0 OXYGEN USP M CL 17.17 34.34 2 VOL: 248 Lot: 0982835301 Qty: 2 OX M -AD 2 0 OXYGEN USP AD CL 4.80 9.60 2 VOL: 28 Lot: 0982835321 Qty: 2 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 3.52 3.52 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subtotal 55.46 TOTAL CY IN ER SHIPPED: 4 RETURNEE: 2 Pay your bills by credit card! Del Char e 17.50 Call 1-800-266-4369 to start. T x .00 TAXABLE AMOUNT ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE t1t101 CHARGE OF 81.00 OR A FINANCE CHARGE OF 1.5% PER MONTH 118% ANNUAL RATE? THE 00 A.A 11 �t �A }T 72.96 OUTSTANDING BALANCE, WHICHEVER ER IS GREATER. 1'1IY1 VVA�I� TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings. unless expressly stipulated on this invoice. WARRANTIES DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller. its officers, agents, and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing. with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty, strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires the user to be licensed, Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or equipment for any cause, Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written consent of Seller. to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within the county, as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of such leasing. In the event of the insolvency or bankruptcy of the Customer, or in the event the Customer violates any of the terms hereof, or fails to return fhe r0rdcrs wrl -,r r ^,r— r n 'h„ tv, -hc y �inar!s r eq I r,er, E 4 ,,cd uho^ by "iy rr;fa; process "cr !ease shall. without notice, immediately term: ate anu all nghls h r- Ci.stomcr tg oossess ;cn of the cyrrdeis audror equipment shad imined aleiy 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 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 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. INVOICE 1NUO1� 12/24/08 LM594 31831049 To Place Orders call Sales Dept. at: (317) 481- 4550 *PAYMENT DUE BY: 01/03/2009 R E 982 PRAXAIR DISTRIBUTION INC 44589- 6/7:56991 T DEPT CH 10660 PALATINE IL 60055 -0660 (800) 266 -4369 B CITY OF CARMEL FIRE D *MS* S CITY OF CARMEL FIRE D *MS* AP STATION 41 2 CIVIC SQUARE P 2 CIVIC SQUARE CARMEL IN 46032 o CARMEL IN 46032 PO ORDER ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE 8533873 -00 2/22 982 704 948 OUR TRUCK ARC NET 10 1 DUANTGf:_ NTIFY 'C1LIn1DE8S: FEM.'N11MgER i F1 ty1 tgE$C1?li? tiL>N E1N1 f UN14 PF?t{ AMO t111ET SNiPPFG: B70 SNfPPEO RET'D� LOCATION: 982 OX M -AD E 0 OXYGEN USP AD CL 4.80 28.80 E j VOL: 84 Lot: 0982835321 Qty: 6 OX M -M I 0 OXYGEN USP M CL 17.17 17.17 VOL: 124 Lot: 0982834301 Qty: 1 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 3.68 3.68 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subt 57.65 TOTAL CY IN ERS SHIPPED: 7 RETURNED: 7 Pay your bills by credit card! Del Charge 17.50 Call 1-800-266-4369 to start. Tax .00 TAXABLE AMOUNT [R� ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE [1 ��{/.O1_�,yE CHARGE OF $1.00 OR A FINANCE CHARGE OF 1.5% PER MONTH 118% ANNUAL RATE) OF THE OUTSTANDING BALANCE, WHICHEVER IS GREATER. l"l7Yk {J��1 :1 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 shah 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 `h, s )r o ,�h: <•1_ 1_ e7 p r i su h ai. .v thuul notice, immediately terminate and all right; ;I tr a C„storoer to possession g ot the cy� and or equipmer,' shall rnmeaiateh eermnate Seiler may repossess the sarne or any part thereof with or without notice and with or without legal process. and Seiler and Its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary. caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's fees and court costs. NOTICE OF NON WAIVER: The failure by the Seller, at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants. conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment. Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage: indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders: reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in col!ecting 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. CUSTONIER'S REPRESENTA OF SOLVENC 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 tee paid to or imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT In compliance with the Federal Truth -In Lending Act, if applicable, Buyer may be charged any amount approved by Seller's credit department, subject to the following conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF 51.00 ON THE BALANCE DUE. INVOICE t]AT£ i� fwaf �Ug�# 12/24/08 LM595 31831050 To Place Orders call Sales Dept. at: (317) 481 4550 *PAYMENT DUE BY: 01/03/2009 R E 982- PRAXAIR DISTRIBUTION INC 44589- 7/7:56992 T DEPT CH 10660 0 PALATINE IL 60055 -0660 (800) 266 -4369 B CITY OF CARMEL FIRE D *MS* CITY OF CARMEL FIRE D *MS* AP STATION 44 0 2 CIVIC SQUARE P 5032 E MAIN STREET CARMEL IN 46032 0 CARMEL IN 46032 PO JORDER ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE 8533814 -00 2/22 982 704 948 OUR TRUCK ARC NET 10 1 flU.>NT4T.. UANTITVVLINDFf ITEM NUMBER i'fE;vS bESCi21f?1'i4N UKfT �QNiT 3�f?SC� A4V]�U1�IT Sf11PPED 8td. SfNWED ;RE7'U LOCATION: 982 OX M -AD 8 0 OXYGEN USP AD L 4.80 38.40 VOL: 112 Lot: 0982835321 Qty: 8 OX M -M 2 0 OXYGEN USP M CL 17.17 34.34 2 VOL: 248 Lot: 0982834301 Qty: 1 Lot: 0982827 02 Qty: 1 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 5.50 5.50 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Sutt otal 86.24 TOTAL CYLINDERS SHIPPED: 10 RETURNED: 10 Pay your bills by credit card! Del Char e 17.50 Call 1-800-266-4369 to start. T x .00 TAXABLE AMOUNT ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE 0� CHARGE OF $I.00 OR A FINANCE CHARGE OF 1.5% PER MONTH 118% ANNUAL RATE) OF THE OUTSTANDING BALANCE, WHICHEVER IS GREATER. 1 03 74 74 11 fy 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 shalt designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of such leasing. In the event of the insolvency or bankruptcy of the Customer. or in the event the Customer violates any of the terms hereof, or fails to return the ices .un 1 r•1 'r f' c 1 r. r 1 �:pn uy y c,;,, rcce:,; >.c luase shail �,wtnout notice. immediately terminate and all ogl is of tie Customer to uossess,on of the c /rndbis and /o equipment shall irnmed,ate term riate Seiler ;nay repossess the same or any part thereof with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's fees and court costs. NOTICE OF NON WAIVER: The failure by the Seller. at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise. product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise. product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand, be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders: reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in 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 R'EPRESENTA 1 iO;V OF SGL JET IC Buyer represents to Se-le tna: Buyer has r,et ceased to pay t� acbts in the oidwarA course of business that 't 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 taws and regulations concerning hazardous materials; charges for handling, delivery and shipping; and /or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller. DISCLOSURE STATEMENT In compliance with the Federal Truth -In Lending Act. if applicable, Buyer may be charged any amount approved by Seller's credit department, subject to the following conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5 PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF S1.00 ON THE BALANCE DUE. INVOICE or A�a� 1P1uQ1tE �„MBE� 12/17/08 LM593 31701200 To Place Orders call Sales Dept. at: 317 481 -4550 *PAYMENT DUE BY: 12/27/2008 R E M 982 PRAXAIR DISTRIBUTION INC 108 1 1 1/3:13828 DEPT CH 10660 PALATINE IL 60055 -0660 CITY OF CARMEL FIRE D *MS* (800) 266 -4369 B AP 2 CIVIC SQUARE S CITY OF CARMEL FIRE D *MS* L CARMEL IN 46032 -7543 P STATION 45 T 10701 N COLLEGE AVENUE D 0 INDIANAPOLIS IN 46208 PO p ORDER X ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE 0 84S3922-0012/15 982 704 948 OUR TRUCK BNJ NET 10 1 'CVLintDERS OUANT4T DANTITY IFEld :NllM6Ef2: SHIPPED: ..etD 1FE1yi fjp$rFtl! T1L N F3NFl ::UNIT PRkCE AEFAOUIVT SHIPYYO :RBT:D LOCATION: 982 OX M -M 2 0 OXYGEN USP M CL 17.17 34.34 2 2 VOL: 248 Lot: 0982834 01 Qty: 1 Lot: 0982834301 Qty: 1 OX M -AD 8 0 OXYGEN USP AD CL 4.80 38.40 VOL: 112 Lot: 0982835 25 Qty: 3 Lot: 0982834 22 Qty: 5 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 5.50 5.50 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subt 86.24 TOTAL CYLINDERS SHIPPED: 10 RETURNED: 9 Pay your bills by credit card! Del Charge 17.50 Call 1-800-266-4369 to start. T X .00 TAXABLE AMOUNT [n ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE -�A♦ V ©r�y('� CHARGE OF $1.00 OR A FINANCE CHARGE OF 1.5% PER MONTH (18% ANNUAL RATE) OF THE 00 103.74 OUTSTANDING BALANCE, WHICHEVER IS GREATER. :::1`11 Y:11JI�V� TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES-DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents, and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty, strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires the user to be licensed, Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or equipment for any cause, Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written consent of Seller, to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within the county, as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of such leasing In the event of the insolvency or bankruptcy of the Customer, or in the event the Customer violates any of the terms hereof, or fails to return the cylinders and /or equipment or in the event the cylinders and /or equipment are levied upon 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 ail 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 compliance with the Federal Truth -In Lending Act, if applicable, Buyer may be charged any amount approved by Seller's credit department, subject to the following conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. INVOICE 12/17/08 LM594 31701201 To Place Orders call Sales Dept. at: (317) 481 -4550 *PAYMENT DUE BY: 12/27/2008 R E M 982 PRAXAIR DISTRIBUTION INC 10811 2/3:13829 T DEPT CH 10660 PALATINE IL 60055 -0660 (800) 266 -4369 B CITY OF CARMEL FIRE D *MS* S CITY OF CARMEL FIRE D *MS* AP STATION 41 0 2 CIVIC SQUARE P 2 CIVIC SQUARE CARMEL IN 46032 0 CARMEL IN 46032 p0 p ORDER I ORDER DATE BRANCH S TERR SHIP VIA T RMS PAGE 8453958 -00 2/15 982 704 948 OUR TRUCK BNJ NET 10 1 DUP:NT4T., LM19iITY: CMLIiVD£gS �TEd;NUM6Eft sslPeEC': eiD ifEk1136$L7tIP.t {4N £{NkT IJtJkT t�RtCE AMOtJ1V7 LOCATION: 982 OX M -AD ic 0 OXYGEN USP AD CL 4.80 48.00 1C 9 VOL: 140 Lot: 0982835C25 Qty: 10 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 3.84 3.84 MSCFC 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Subtotal 59.84 TOTAL CYLINDERS SHIPPED: 10 RETURNED: 9 Pay your bills by credit card! Del Charge 17.50 Call 1-800-266-4369 to start. Tax .00 TAXABLE AMOUNT [R f ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE CHARGE OF $1.00 OR A FINANCE CHARGE OF 1.5% PER MONTH 116% ANNUAL RATE) OF THE 00 77.34 OUTSTANDING BALANCE, WHICHEVER IS GREATER. TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES-DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents, and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty, strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires the user to be licensed, Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or equipment for any cause, Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written consent of Seller, to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within the county, as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of such leasing In the event of the insolvency or bankruptcy of the Customer, or in the event the Customer violates any of the terms hereof, or fails to return the cynnders and'or eau i:ment 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 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 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. INVOICE :DATE. F; ENVCIICE iJiJM,BER;:i 12/17/08 LM595 31701202 To Place Orders call Sales Dept. at: (317) 481 -4550 *PAYMENT DUE BY: 12/27/2008 R E 982 PRAXAIR DISTRIBUTION INC 10811- 3/3:13830 T DEPT CH 10660 PALATINE IL 60055 -0660 (800) 266 -4369 CITY OF CARMEL FIRE D *MS* H CITY OF CARMEL FIRE D *MS* AP STATION 44 T 2 CIVIC SQUARE P 5032 E MAIN STREET G CARMEL IN 46032 o CARMEL IN 46032 pO p ORDER p ORDER DATE BRANCH SLS TERR SHIP VIA T RMS PAGE 8454005 -00 2/15 982 704 948 OUR TRUCK BNJ NET 10 1 UANTL7.. [fANTIfY GY},INOERS ITEM NlJM9R, st PPEq: BtD iFlA 15E5Cf2IPt1Dt3 E1NtT :1..111 <'fttCE Af1A0U1\ET PED �R R LOCATION: 982 OX M —AD 0 OXYGEN USP AD L 4.80 19.20 VOL: 56 Lot: 0982835 25 Qty: 3 Lot: 0982812 2.2 Qty: 1 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 1.54 1.54 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 8.00 8.00 Sutt 28.74 TOTAL CY IN ER SHIPPED: 4 RETURNEE: 0 Pay your bills by credit card! Del Char e 17.50 Call 1-800-266-4369 to start. T x .00 TAXABLE AMOUNT ACCOUNTS PAST DUE WILL CHARGED A SERVILE E CHARGE OF 51.00 OR A FINANN ARG CE CH OF I.SF PER MONTH (IB% ANNUAL RATE) OF THE .00 A y T 1 46.24 OUTSTANDING BALANCE, WHICHEVER IS GREATER. TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of.cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assurri all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents, and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty, strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires the user to be licensed, Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or equipment for any cause. Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written consent of Seller, to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within the county, as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of such leasing In the event of the insolvency or bankruptcy of the Customer, or in the event the Customer violates any of the terms hereof, or fails to return the cylinders and /or equipment or in the event the cylinders and /or equipment are levied upon by any legal process, such lease shall, without notice, immediately terminate and all rights of the Customer to possession of the cylinders and /or equipment shall immediately terminate. Seller may repossess the same or any part thereof with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's fees and court costs. NOTICE OF NON WAIVER: The failure by the Seller, at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders: reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in 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 compliance with the Federal Truth -In Lending Act, if applicable, Buyer may be charged any amount approved by Seller's credit department, subject to the following conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. CYLINDER �xuaicE r7z3a+ee3: DEMURRAGE RENTAL INVOICE 31799474 To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: (317) 481 -4550 DEPT CH 10660 fM!O(CE:DATE: PALATINE IL 60055 -0660 800- 266 -4369 12/20/08 38085- 717:38162 BRN: 982 1.- CITY OF CARMEL FIRE *MMS* LM332 2 CIVIC SQUARE CARMEL IN 46032 -7543 CITY OF CARMEL FIRE *MMS* H 2 CIVIC SQUARE L L P T CARMEL IN 46032 0 0 COMMENTS: PO p HC TERR R PAYMENT DUE BY: 01/19/09 948 TEM Ni1kt6ER: ORDEfi B ENUOtCE R:: DA7F gECUifnNC crinai}gRS srumEas ENDNG cnwoERS TFNT ;CYLINbuv RqT£: A�AOJM7 nf(IkABER 9A<FNGE SHi ?PEO "RET RdEO BAIfiNC>= LEASED PE DAMS R 410 Med high pres 50cf 2 0 0 2 0 DAY 60 .374 22.44 R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 2.50 2.50 TAX: .00 TOTAL VALUE OF CYLINDERS PLEASE NOTE: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE ABOVE 120.00 BALANCE OF OUR CYLINDERS IN YOUR HANDS IS CORRECT AT THE CLOSE OF 24.94 BUSINESS ON THE DATE SHOWN ON THIS INVOICE. TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents, and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Custorer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty, strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires the user to be licensed, Customer shall not use or permit use without such license. In the event of damage, breakage. or mechanical failure of said cylinders and /or equipment for any cause, Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written consent of Seller, to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within the county, as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of such leasing. In the event of the insolvency or bankruptcy of the Customer, or in the event the Customer violates any of the terms hereof, or fails to return the cylinders and /or equipment or in the event the cylinders and /or equipment are levied upon by any legal process such lease shall vrthout notfce ^rate terminate and all rights of the Customer to possession of the cylinders and /or equipment shall immediately terminate. Seller may repossess the same or any part thereof with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's fees and court costs. NOTICE OF NON WAIVER: The failure by the Seller, at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in 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 coots as they become clue. and that Beyer 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 fol' owing 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 1xufl eE .lame... DEMURRAGE RENTAL INVOICE 31799477 To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: 317) 481 -4550 DEPT CH 10660 1NV01GE DA7£ ii PALATINE IL 60055 -0660 800 266 -4369 12/20/08 59581 1/3:73001 BRN 982 ACC;DaNT S.i<�: CITY OF CARMEL FIRE D *MS* LM593 AP 2 CIVIC SQUARE S CITY OF CARMEL FIRE D *MS* e CARMEL IN 46032 -7543 H STATION 45 P 10701 N COLLEGE AVENUE T T INDIANAPOLIS IN 46032 IIIIIIIIIIIIInnIIInIIIIInIIIIIIIIInIItIIIIlnnllll�l II D D COMMENTS: PO X HC 94 ER PAYMENT DUE BY: 01/19/09 8 ITEM NiJ4ASQR ORDE3t:lt kMUOtCE QATE sECUieilNC cxnm¢ps CYLINDERS ENWNG: CYLIgOEBS REMT::CXUNI]£Rl: R�:. ...�:/,�gpIJNT.` NUNISER BALAfVS 'SHWeo 9EtURgEO BALANG£ LEASEQ TYPE.::: A'S L L Customer Owned Leases 15 R 410 Med high pres 50cf 40 18 17 41 15 AY 755 .115 86.83 R 430 Med high pres 50cf 4 4 4 4 0 AY 124 .109 13.52 R MZ SAFETY ENVIRONMENT 0 0 0 0 0. 0 8.00 8.00 TAX: .00 TOTAL VALUE OF CYLINDERS PLEASE NOTE: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE ABOVE 3380 .00 BALANCE OF OUR CYLINDERS IN YOUR HANDS IS CORRECT AT THE CLOSE OF 108.35 RI IC I AIFCC f1N THE nATF CHOWN ON THIS INVOICE. TE�TAL TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES-DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents, and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty, strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires the user to be licensed, Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or equipment for any cause, Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written consent of Seller, to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within the county. as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of such leasing In the event of the insolvency or bankruptcy of the Customer. or in the event the Customer violates any of the terms hereof, or fails to return the cylinders and /or equipment or in the event the cylinders and /or equipment are levied upon by any legal process. such lease shall, without notice, immeo ate terminate and all rights of the Customer to possession of the cylinders and /or equipment shall immediately terminate. Seller may repossess the same or any part thereof with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's fees and court costs. NOTICE OF NON WAIVER: The failure by the Seller, at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in 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 became due, aria 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 fo" ow -ng conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF S1.00 ON THE BALANCE DUE. J CYLINDER IrvuaeE r11�MSR DEMURRAGE RENTAL INVOICE 31799478 To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: 317) 481 -4550 DEPT CH 10660 Irvvoice. dare PALATINE IL 60055 -0660 800 266 -4369 12/20/08 59581- 2/3:73002 BRN 982 >::ACCOUNT:9::�:::: LM594 R CITY OF CARMEL FIRE D *MS* 5 CITY OF CARMEL FIRE D *MS* AP H STATION 41 2 CIVIC SQUARE P 2 CIVIC SQUARE T CARMEL IN 46032 T CARMEL IN 46032 D D COMMENT PO p HC ERR p PAYMENT DUE BY 01/19/09 948 T( fA NUMBER OFiOEA Y UMBER SHIP PA?E:: BA I XfVCk SHf aEP: aMMN o BR�PIGt f EASEQ TYPE ;C 6R�5 f}j. RAFT �IOIfNT Customer Owned Leases 15 R 410 Med high pres 50cf 6 26 25 7 15 DAY 0 .115 .00 R 430 Med high pres 50cf 4 2 2 4 0 DAY 122 .109 13.30 R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 2.50 2.50 TAX: .00 TOTAL VALUE OF CYLINDERS PLEASE NOTE: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE ABOVE 1340.00 BALANCE OF OUR CYLINDERS IN YOUR HANDS IS CORRECT AT THE CLOSE OF 15.80 RIICINICCC !)N THE nATF CHf1WN f1N THIC INVn ICF_ ?T: T;AL; TERMS CONDITIONS r These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents, and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty, strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires the user to be licensed, Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or equipment for any cause, Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written consent of Seller, to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within the county. as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the t -me 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 falls 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 sham without notice. rrr,ed ately 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 thereo' with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's fees and court costs. NOTICE OF NON WAIVER: The failure by the Seller, at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement. shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to 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 bus Huss tnat .t can pay its aeuts as tney Hecate Jue. and V a: 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 fo,Iow rg 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. CYLINDER >NaaicE::;r�z3rasFR<;:;:: DEMURRAGE RENTAL INVOICE 31799479 To Place Orders call Sales 982 PRAXAIR DISTRIBUTION INC 1 Dept. at: (317) 481 -4550 DEPT CH 10660 fNVO10E Dk7£,: PALATINE IL 60055 -0660 800 266 -4369 12/20/08 59581 3/3:73003 BRN 982 LM595 a CITY OF CARMEL FIRE D *MS* S CITY OF CARMEL FIRE D *MS* AP H STATION 44 2 CIVIC SQUARE P 5032 E MAIN STREET T CARMEL IN 46032 T CARMEL IN 46032 O COM ENTS: PO HC TERR PAYMENT DUE BY: 01/19/09 948 ITEM I1tJM�ER. OR6ErY kfdVC310E $NiP C?AT sECUabarve cxumeps. e�ir as eelBiNC: evitdo>as RENT: CYL1Nf7Efll: RAC; :.;AMf1lJNT ,..NUMBER BALANCE,5MR.PED 9E2t1fWE� BALANCE: LEASER TYPE. C3A7!S Customer Owned Leases 15 R 410 Med high pres 50cf 13 16 12 17 15 AY 0 .115 .00 R 411 Med HiPr <50CF W /XRS 1 0 0 1 0 AY 30 .362 10.86 R 430 Med high pres 50c.f. 2 1 1 2 0 AY 61 .109 6.65 R MZ SAFETY ENVIRONMENT 0 0 0 0 0 0 2.50 2.50 TAX: .00 TOTAL VALUE OF CYLINDERS PLEASE NOTE: PAYMENT OF THIS INVOICE ACKNOWLEDGES THAT THE ABOVE 1630 .00 BALANCE OF OUR CYLINDERS IN YOUR HANDS IS CORRECT AT THE CLOSE OF 20.01 M11CIMCCC r)KI TI4P r1ATP CI4r1WN r)N TWIC INVn ICF. TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES- DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents, and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence. warranty, strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires the user to be licensed, Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or equipment for any cause, Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written consent of Seller, to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within the county. as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of such leasing. In the event of the insolvency or bankruptcy of the Customer. or in the event the Customer violates any of the terms hereof. or fails to return the cylinders andior equipment or in the event the cylinders and /or equipment are levied upon by any legal process. such lease shall. 'MMOut notice, rmmeJ,afe y terminate and all rights of the Customer to possession of the cylinders and /or equipment shall immediately terminate. Seller may repossess the same or any part thereof with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's fees and court costs. NOTICE OF NON WAIVER: The failure by the Seller, at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in 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 o' business that it can pay its debts as they become due, and teat 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 fo lowirg 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. I Prescribed by State Board of Accounts ACCOUNTS PAYABLE VOUCHER City Form No. 201 (Rev. 7995) 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)) Total I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6. 20 Clerk- Treasurer VOUCHER NO. WARRANT NO. ALLOWED 2 0 qua" c IN SUM OF ON ACCOUNT OF APPROPRIATION FOR Board Members PO# or DEPT. INVOICE NO. ACCT #/TITLE AMOUNT I hereby certify that the attached invoice(s), or aQ bill(s) is (are) true and correct and that the ;z, materials or services itemized thereon for \�3 \0S IZ which charge is made were ordered and received except 17 P4 3�no�a.o� `�`�•3v. Signature Title Cost distribution ledger classification if claim paid motor vehicle highway fund