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HomeMy WebLinkAbout204952 12/20/2011 CITY OF CARMEL, INDIANA VENDOR: 354867 Page 1 of 1 ONE CIVIC SQUARE RUNYON EQUIPMENT RENTAL CARMEL, INDIANA 46032 410 W CARMEL DRIVE CHECK AMOUNT: $2,400.35 CARMEL IN 46032 CHECK NUMBER: 204952 CHECK DATE: 12/20/2011 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1115 4239099 205793 2.50 OTHER MISCELLANOUS 609 5023990 210461 992.25 OTHER EXPENSES 609 5023990 211172 316.99 OTHER EXPENSES 1207 4353099 212267 10.18 OTHER RENTAL LEASES 609 5023990 214488 36.75 OTHER EXPENSES 1207 4353099 214823 259.74 OTHER RENTAL LEASES 601 5023990 215159 20.90 MATERIALS SUPPLIES 2201 4238000 215409 761.04 SMALL TOOLS MINOR E In consideration of the payment of additional rent classified as 'damage waiver" by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of I A.� property rented a sum equal to 5 of rental charge. This "damage waiver" does not include damage or loss of the property as a result of the negligence of the Rentee U or In the case of abusive damage, theft or other gross negligence of the Rentee. This damage waiver shall not apply to reckless, careless or abusive operation or use of the Equipment, use or operation of the Equipment exceeding its rated capaclty, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or 6QUIPMEN7 RENTAL other causes inherent in the use of the Equipment. It is understood the amount paid is not an insurance premium, and that this provision does not represent an insurance 410 W. Carmel Drive o Carmel, IN 46032 policy or an agreement to insure. Equipment that is stolen or damaged by Rentee will pay list for parts, labor or, it a total loss, will pay replacement cost of equipment. The Rentee further acknowledges receipt of the aforementioned equipment and materials, or covenants to use said property in a careful and prudent manner and LARM£L o F15H£7-5 G INDIANAPOLIS shall not loan, sublet, mortgage or in any manner dispose of same to any person without the written consent of the owner, and further agrees to return the equipment to Renter in substantially good condition as when received, natural wear and tear excepted. 3 1i !7 5 5 6D 0003 The parties agree that in the event the Rentee violates any of the terms and conditions of th'G agreement, the Renter may collect damages together with reasonable attorney fees, court oasts and interest of one and one haft (11/2) percent per month added to accounts overten (10) days old, reflecting an annual percentage rate of eighteen (18) percent. FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes only, and it is understood that Renter shall be held responsible for any accident or damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including any implied Don't be a toot Rent one warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other www. runyonrentaL com incidental damages, even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease of this equipment. Open 7 Days (M Week Monday Friday 7:00 am 5:30 pm Saturday 7:00 am 4:30 pm Sunday 9:00 am 3:00 pm RENTED TO I JOB LOCATION TICKET CITY OF CARMEL- BROOKSHIRE GOLF 3962 DRILL BIT 12120 BROOKSHIRE PARKWAY Con# 212267 CARMEL IN 46033 Loc 100 SSN PHONE DATE TI H (317) 846 -7431 OUT 11705/ "11 8:13 AM JRR F (317) 846 -9980 ID #3 PO/JOB °RECEIVED BY 0 DRILL BIT MILLER, KEN 11/05/11 8:16 AM JRR *FINAL Page: 1 QTY ITEM# EXT AMT NET AMT MIN HOURLY OVNITE B -HOUR DAY WEEK 4 WEEK 1 000346313499 BIT HAMMER DRILL 5/16" HCBG -09 ,'5.99 5.99 5.99 1 754166134368 DRILL BIT SDS 5/16 "X6" 4 =.19 4.19 4.19 a K rc 4y ME EQUIPMENT IS NOT RETURNED BY" DUE IN" DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT} RENT 0 0 Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED. Customer is liable for all damages repairs that result from alternative fuel. SALES 10 18 I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I OTHER 0 0 0 FULLY UNDERSTANDTHOSE INSTRUCTIONS. I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY, AND THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON, I DW /FEES 0 00 UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED BY RUNYON EQUIPMENT RENTAL. X t I:: Addl TAX 0 00 THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALES TAX 0 00 THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND ACKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING DEPOSIT 0 00 EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGES TO PROPERTY AS A RESULT OF THE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 10 1 RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR. AMT BILLED 10 1 EQUIPMENT T° 1 I� IT CELL LEASED BY X III PHONE 05 NOV -11 08 16: 33 EQUIPMENT RETURNED BY X t RENTAL FEES DO NOT APPLY TO PURCHASES. WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALLTIRES, FUEL AND ELECTRIC CURRENT. will apply. NIPAL NO ADJUSTMENTS OR CREDITS will be made on equipment uI We cha a 5% Damage Waiver on all equipment rentals. malfunctions unless Runvon Eauinment Rental has been notified. 9 9 4 P TERMS AND CONDITIONS 1, Inspection, Customer acknov.^ledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and it good condition., and that Customer understands its proper use. Custorner further acknowledges its duty td inspect the equipment prior to use and notify Runyon Equipment Rentai Inc (hereinafter Runyon") of any defects. 2. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTY THAT THE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, ORTHAT IT IS FREE FROM DEFECTS. 3. Indemnification. Customer agrees to asswrte the risks of, and hold Runyon harmless for, property damage and personal injuries, including death and dismemberment. caused by the equipment and /or arising cut of Runyon's negligence, Customer shall indemnity and defend Runyon against and hold Runyon harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities including attorney's fees which (1) relater io injury or to destruction ct property, or bodily injury,;;mess, sickness, disease or death of any person (including employees of Customer}, and (2) are caused by, or claimed to be caused, in whole or In part, by the equipment leased herein or by the liability or conduct (including active, passive, pr =nary or secondary) of Customer, its agents or employees, or anyone for whose acts any of them may be liable. Customer shall, al its own: cost or expense, defend Runyon against all suits or proceedings commenced by anyone In whlcu Rurn ✓on is a named party for which Runyon: is alleged to be Gable or responsible as a result of or arising out of the equipment, or any alleged act or omission by Runyon, and Customer shall be liable and responsible for all costs, expenses and at^,rney's tees incurred in such defense and,`or settlement, judgment or other resolution. In the event that such action is commenced naming Runyon as a party Runyon may elect to defend said action on its own behalf and Customer agrees that it shall be liable for all casts, expenses and attorneys fees incurred by Runyon ir, sucb defense. 4. Rental Charges and Terms. Equipment with hour meters is allowed eight (8) hours use within a 24 -hour period of time. Rental rates for equipment are based on usage during this eight (8) hour shift. If Customer runs the equipment for over 8 hours in one day, Customer will be charged for extra hours on equipment. One day is 24 hours or eight (81 hours running time. 16 hours running time in 24 hours a 2 -day charge. 24 hours running time in 24 hogs a 3 -day charge- s. Future Rentals. Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon., ,v.^hether on the date of this Agreement or at any tuna n this future (except only as to any Equipment and/or other items with respect to which Customer executes a new Agacmert). 6. Prohibited Uses, Use of the equipment it the follorvoig circurnstances is prohibited and constitutes a breach of this Agreement: (a) Use for illegal purpose or in an illegal manner; (b) Use when; the equipment is in bad repairer is unsafe; (c'; mproper, un +ntended use or misuse; ,d Use by anyone other roan Customer or i ls employees, without Rury or..'s iwi ther iten permission; {e} Use at any localidn o than the address furnished Runyon without R rayon's written permission. 7. Fuel and Oil Levels. Ail equipment is full of fuel when rented to Customer and most be retuned to Runyon full or additional charges will apply. Also use of alternative fuels (B odiesel. E85, etc.} in Runyon equipment is prohibited. Customer is liable for all damages and repairs that result from alternative fuel. Runyon checks the oil /oriel in the equipment when It is rented is Customer. Maintenance of proper oil level in the equipment Is solely the responsibility of Customer. 8, Repossession. Upon a failure to pay rent or other breach cf this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be :table for any clau`ts for damage or trespass arising out of the removal of the goods, 9.Tires, Customer is ictaily responsible for all lire repair. it is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted. 10, Insurance. Runyon's insurance dues not cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyon's property and payment has been received. EQUIPMEN? MA.' ONU EE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT Al RUNYON'S LOCATION OTHER, THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS RESPOh'S01i -Y 11, Cleaning Charges, F.,u:pnieri is to be returned to Runyon as deaf as when it t f A barge of sxty -five dollars ($6:5.00) per hou viii be charged far cleanup 12. Assignments, Subleases and Loans of Equipment. Runyon may assign Its rights under this Agreement wimoul Customer's consent, bt will rems, n band by a, obligations herein. Cus may no' sublease or roan the equipment without Rjnycrs fttenpe stun. Arty ful ignment Uu tomeris 13.Time of Return. Custri _rs r.g. t to po ssaslun terntinatc. :m trio expiration of t: e renlal pe too "Due In date •irrej and retention of possession n after this :ire constitutes a s'er'a breach oft s Aareernent T :ne is ::he essence irr this Agrees ent, Any extension roust be mutually agreed upon it wiling. 14. Late Return. Title to eouip tent Is and shall at all times remain with Runyon. Fa €lure to return the equipment by the "Due In" date will subject Customer to a charge c` conversion (tt,ef 15. Time of Payment. Accounts are due and payable at the termination of the rental period, 16. Violation of Agreement and Venire Costs, Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement, Ruryon may collect damages together with reasonable attorney's fees, court costs and interest of one and one half i 1 z) percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent. Customer agrees that this agreement is to be construed under the laws of the State of Indiana and that;.t legal action is brought to enforce this agreement, ihat Hamilton Courtly; Indiana shall be the jurisdiction and legal venue for said action., unless otherwise agreed by Runyon, and Customer at a late• time. 17. Waiver. Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party tc enforce such provision thereafter. 18. Damage Waiver. In consideration of the payment of additional rent classified as "damage wave" by Customer, Runyon agrees to, and hereby does, we've its right, or any right it might have against Customer, arising from normal damage of the ental property normal damage to be determined by Runyon. Costumer shall pay upon return of property rented a sum equal to 540 of rental charge. This "damage waive" does not include damage or loss of the property as a result of the negligence of Customer or in the case of abusive damage, theft or other gross negligence of Customer. This damage waiver shall not apply to reckless, careless or abusive operation or use of the equipment use or operation of the equipment exceeding its rated caracily, or damage to fires, tubes and wheels caused by blowout, bruises, cuts, punctures or other causes inherent in the use of the equipment, it is understood me amount paid is not an insurance premium, and that this provision does not represerf an insurarce policy a an agreement to insure. No damage waiver license, sales or use taxes are included in Ruin rental rates, They are extra. 19, Damaged, Dirty, or Lost Equipment. Customer agrees to;a:y for any damage to or loss of the goods, regardless of cause, except reasonable wear and tear, while the goods are out of Runyon's possession, Equipment Lost, stolen or damaged beyond repair wit: be paid for at its current list once plus the cost of rental up to the time of reporting the loss or theft to Runyon- The cost of repairs will be borne by Customer, whether performed by Runyon, or, at Runyon's option, by others, at a charge. of sixty -five dollars ($65.00) per hour plus parts. 20. Severability. The provisions of this Agreement shah be severable so that the invalidity, unenforceability or weaver of any of the provisions shall not affect the remaining provisions, 21. Loading and Unloading Equipment. Customer is responsible for leading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment, Customer agrees to 255Ume the risk of and 'Wald Runyon and /or its employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon. 22, Property Damage. Runyon is not responsible for any damage whatsoever as a result of on- the -job deliveries or pick -up by Runyon. 23. Fees, Licenses, Permits,Taxes and Fines. Customer shall be solely responsible for payment of any fees, licenses, permits taxes or fines, required by or resulting from the Customer's use or operation of the equipment. 24. Charges. Customer shall pay all charges required under this Agreement upon demand. Customer agrees the± miloaga and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer days andior mites are actually used. 25. Other Liability. Customer assumes all risks from the improper use of the aqulprnent. Customer is responsible for damages to Customer's property or goods in storage or in transit or for any propery left or stored in the equipment, or elsewhere in the renting location. Customer agrees not t0 hold Runyon liable for damages from down time, materials or other consequential damages resulting from the use of the equipment. Customer releases and holds Runyon, its agents and employees harmless from and against any and all losses, liabilities, damages, injuries, claims, costs and expenses arising out of Customer's use or possession of the equipment, including, but not imited to any and all fines, penalties and forfeitures imposed by any governments. ell and, to the extent not covered by insurance, any claims or liabilities to third parties arising out of the abandonment, conversion, concealment or unauthorized sale of the equipment by Customer or its agents or employees, or for the confiscation of the egctlprnent by any governmental authority because of illegal or improper use. Custorner shall additionally hold Runyon harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a result of injury, death or property damage arising out of Customer's use of the equipmeni. Neither Customer nor any other user of the equipment shall be deemed the agent, servant or employee of Runyan for any reason or any purpose. Duriny the tern of this A Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction. 26. Delivery/Pick Up. Delivery is made to closest point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time involved, Our service does not include set up and knock down of tables and chairs, his serene is eqjinild, arrargemants who_ d be mace several days pion to c,e,tvr,. y ^th a special charge quoted. If no arrange enis are made and t is services desired on delivery, oul driver must call for authorization. if time permits, we will •v to a mrn.ua e you after quo the price, 'r pick up whore r pri^ arrangements have been made and rer.,al gems are not knDcked down and c e, boo i n onp shattered. ar_ -n, to b ss and chairs b e ref; art :i the rev day ..n_n z s; l :u; crew can be srhed -14ed, There will be an aurditional one day venial. A knock down, fee will resu' :t if rental tems are still up. 27, Waiver of Jury Trial. Each party waives as right to a jury that of any claim or cause of action based on or arisirg our of this agreement or Inc subject matter hereof, this waiver pertains to a! disputes that may relate I, the subject matter hereof including without limitation, contract, tort, breach of duty and all other common law and statutory claims, and will not be subject to any exceptions. Each party (A) understands that this is a waiver of important legal rights and (8) acknowledges that heishe/ t has had a reasonable opportunity to discuss this waiver and its effects with legal counsel Aecordina y, each party knowingly, voluntarily, irrevocably and unconditionally waives its jury `:trial rights. 28, Tickets, Fines and Penalties. You agree to fully and promptly pay ail fines, penalties, parking tickets, traffic tickets, tolls court costs, attorneys' fees and other charges assessed during the erm in connection with the use, parking, storage, and' or possession of the Equipment, regardless of the Identity of the driver of any vehicle You rent from Us. 29, Trailers and Towing. T he c It std is I s responsible for inspectirig and maintaining the trailer coupling mocha nsm, safety chair, s. all tie downs phis and to his in a safe and ssecuro condrho.rr srh :n their possessio usforrer agrees not to tow any trader rented from LESSORIDEAL -R (a) in a careless or negligent manner, (bj a excessive speed or (c) wru.e under the influence of medication, alcohol, or illicit drugs. 30, Headings. The headings used herein are soie!y for co venient reference and shalt not be used to construe or affect the interpretation of this Agreement. ADDITIONALTERMS AND CONDITIONS FOR SALES All sales are also governed by the parties' Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inronsisiert, then the terms from the Equipment Purchase Agreement prevai. AS -IS NO WARRANTY: THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMOUED A.RRANTIES OF M RC' ANTADUTY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF HIS EQUIPMENT. RUNYON EQUIPMENT RENTAL INC OR AFFILIATED CONIPANIES WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY .SPECIAL, iNCIDENTAI OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER, REGARDLESS OF WHET HER SUCH DAMAGES ARISE LINGER HE:ORiESOFTh'ELA'AlCt CON RETURN POLICY FOR PURCHASED ITEMS: The customer is liabie for ail shipping costs when returning or exchanging an item to Runyon:, unless the product has been damaged during shipping. This policy also applies le warranty returrs..As stated cn the Runyon Re urn Policv'• when cdst.mcrs re an rte— o; items for credit a 25% restocking f6avvill be charged to your account plus all applicable inbound and outbound freight his policy also applies tg shipments refused and r t rrod. All cancetfatrcrs of w a_:l_: ao.Js are s bled to a 2 'of wfal .,tc;c,d order) cancellation fee on in stock items from Runyon locations ONCL Return shipping of the product is not refundable. All pans purchases are eon refundaoio. Any shipment e ,,e :veu In cortditions cfher'nan bran ar .rl L_ a rig =d 50% resrocking fee of iha al amount All returns must be properly bored before they are returned. its the gustcrner's respons ,g report any Jar ages`shorta w s Thin 48 ha +rs c' rzceivmg 'he produc I. Rut yon will rut ..ce chi ms 48 n; urs ,her de i-e y. Runyon will not accept returns without authorization, Upon issuing a Nlerchandise Return Authorization fMRA; Runyon will .cstrucl closton as :o the best roars of ,o nicg merchants Rc von s MRAs are valid n 3;7 days aPcr issuance. MRAs are net valid after the 30 ray t r o limit exp res Runyon will absolutely nut undei an y circurnstar ces s.,tie an. MRA :o. returns on t•sed or damaged products Any tt ela;eq dama midst °o.ao on file si ne,; B:. of Latin g A THE T LAIE: OF DEL'VERY.The purchase price at time of safe is ;nal. REPRESENTATIONS AND WARRANTIES; Se: s reprase uts and warrants that (a) Se ler has all necessary right, power and authority' onto and perform the transactions referenced heroin; (b; Se ..Pr has good and marketab t' to the uiprt r t and (c) u the Tra ster Date, Sec will convey the seine e to Buyer (save onhr for the purchase money `ten, if any, to be retained by Seller should Seiler, at its sole option, elect to finance all or any portion of th Purchase a icei 500 bras r ana .rarr arcs aT ::j Euyer has al', necessary right, ,:lower and authority to enter into and perform the transactions referenced farein (ii) Buyer has se ected and care inspected and exarn d the E ugrment a rd `outrid the same its acceptable to Buyer in all respects based on criteria established solely by Buyer and net based on any recommendation by Seller; and ,iii) Buyer has received, carefully reviewed ands satisfied with, all available training, rnstructicr:s, operating and usermanuais, and other ieformalion fircluding all training required under applicable OSHA and?ar ANSI Standards, if any} regarding the proper and safe transportation, use, rnaintenaneo, repair and storage of the Equipment. Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 11/05/11 212267 Rental Equipment $10.18 f hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6 20 Clerk- Treasurer VOUCHER NO. WARRANT NO. ALLOWED 20 Runyon Equipment Rental IN SUM OF 410 West Carmel Drive Carmel, IN 46032 $10.18 ON ACCOUNT OF APPROPRIATION FOR Brookshire Golf Club PO# Dept. INVOICE NO. ACCT #/TITLE AMOUNT Board Members 1207 212267 43- 530.99 $10.18 1 hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except Tuesday, December 06, 2011 Director, Brookshire olf Club Title Cost distribution ledger classification if claim paid motor vehicle highway fund In consideration of the payment of additional rent classified as 'damage waiver by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might U NYO N have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of property rented a sum equal to 5% of rental charge. This "damage waiver' does not include damage or loss of the property as a result of the negligence of the Rentee or In the rase of abusive damage, theft or other gross negligence of the Rentee. This damage waiver shall not apply to recidess, careless or abusive operation or use of the Equipment, use or operation of the Equipment exceeding its rated capacity, or damage to fires, tubes and wheels caused by blowout, bruises, cuts, punctures or EQUIPMENT RENTAL other causes inherent in the use of the Equipment. It is understood the amount paid is not an insurance premium, and that this provision does not represent an insurance 410 W. Carmel Drive Carmel, IN 46032 policy or an agreement to insure. Equipment that is stolen or damaged by Rentee will pay list for parts, labor or, 9 a total loss, will pay replacement cost of equipment. The Rentee further acknowledges receipt of the aforementioned equipment and materials, or covenants to use said property in a careful and prudent manner and GAF-MEL FISHERS INDIANAPOLIS shall not loan, sublet, mortgage or in any manner dispose of same to any person without the written consent of the owner, and further agrees to return the equipment to Renter in substantially good condition as when received, natural wear and tear excepted. 31 7 566 8888 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement, the Renter may celled damages together with reasonable attorney fees, court costs and interest of one and one half (1 tr2) percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent. FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including any implied "Don t be a tool Rent one warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other www. runyonrentaL com incidental damages, even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease of this equipment. Open 7 Days a Week Monday Friday 7:00 am 5:30 pm Saturday 7:00 am 4:30 pm Sunday 9:00 am 3:00 pm RENTED .TO'" ;`JOB LOCATION `TICKET CITY OF CARMEL- BROOKSHIRE GOLF 3962 12120 BROOKSHIRE PARKWAY Con# 214823 CARMEL IN 46033 Loc 100 SSN PHONE ,DATE TIME H (317) 846 -7431 OUT 12/05/11 8:37 AM SAF F (317) 846 -9980 ID #3 PO /JOB RECEIVED BY 0 MILLER, KEN TURNED 12/07/11 8:26 AM WH *FINAL Page: 1 QTY ITEM# EXT AMT NET AIrIT MIN— HOURILY' "'OVNITE 8 -HOUR DAY WEEK 4 WEEK 1 2400 -0000 GAS CAN RENTAL 10.00 10.00 g p j $5.00 /D 5.00 5.00 20 X 0060.00 41 41 1 8140 -0006 PRESSURE WASHER 3500 HOT WATERr', 210.00 210.00 $85. 00/4 105 00 105 00� f 20� 40 1260. 00 1 641817000564 DUST MASKaHEAVY DUTY1 2P�K MSA ��k 4 99w` 4 99 4 99 k k� z g� f e 5 6 KEROSENE' 4 75 23.75 23.75 IFTHE EOUIPMENT IS NOT RETURNED BY "DUE IN" DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (rHEFT). RENT 220 00 Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED. Customer is liable for all damages repairs that result from alternative.fuel. SALES 28 74 1 HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I OTHER 0 00 FULLY UNDERSTANDTHOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY, AND THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON. I DW FEES 11 00 UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED BY RUNYON EQUIPMENT RENTAL. X S1GNA o Addl TAX 0.00 THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALE TAX 0 00 THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND ACKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING DEPOSIT 0 00 EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGES TO PROPERTY AS A RESULT OFTHE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 259 74 RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR. AMT BILLED 259. 7 4 EQUIPMENT 1 PHONE LEASED BY O7- DEC-11 08:26:29 EQUIPMENT- t l RETURNED BY X �f RENTAL FEES DO NOT APPLY TO PURCHASES. WE CHARGE FOR TIME OU TIME Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALL TIRES, �l1EL AND ELECTRIC CURRENT. will apply. X i 1T;AL NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runvon Eauiament Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals. TERMS AND CONDITIONS 1. Inspection. Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition, and that Customer understands its proper use. Customer further acknowledges its duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc (hereinafter "Runyon`; of any defects. 2. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, ORTHAT IT IS FREE FROM DEFECTS. 3. Indemnification. Customer agrees Td assume the risks of, and hold Runyon harmless for, property damage and personal injuries. including death and dismemberment, caused by the equipment andror arising out of Runyon's negligence. Customer shall indemnify and defend Runyon against, and hold Runyon harmless from any and all claims, actions, suits, proceedings, costs, axpsr =.sec damages and liabilities including attorney's fees which relate to injury or to destruction of property, pr bodily injury, illness, sickness, disease or death of any person fnJuding employees of Customer• and (2} are caused by, or claimed *o be caused, in whole or in part, by the equipment leased herein or by the liability or conduct (including active passive primary or secondary} of Customer, i ±s agents or employees, or anyone for whose acts any at them may be liable. Customer shall, at is own cost or expense, defend Runyon against all suits or proceedings commenced by anyone n which Runycn is a named party or which Rur:.yer is alleged to be liable or responsible as a resat pf or arising out of the yon, equipment, or any alleged ac? or omission by Run and Customer shall be table arid resporsibe for all desis expenses and attorney's fees incurred in such defense and./or settlement, judgment or other resolution. In the event that such action is commenced naming Runyon as a pa tv, Runyon may elect to defend said action on its own behalf and Customer agrees that ft shat{ be iiabie for all costs, expenses and attorneys fees incurred by Runyon in such defense. 4. Rental Charges and Terms. Equipment with hour meters is alloy +ed eight (61 hours use within a 24 -hour period or time. Rental rates for equipment are based on usage during this eight (8) hour shift. If Customer runs the equipment Tor aver 8 rours n one dav, Customer will be charged for extra hours on equipment. One day is 24 hours or eight (8) hours running time. 16 hours running time in 24 hours a 2 -day charge. 24 hours running time in 24 hours a 3 -day charge. 5. Future Rentals. Customer acknowledges that the *arms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon., whether on the date of this Agreement or at any time in the future (except only as to any Equipment andror other ems with respect to which Customer executes a new Agreement 6. Prohibited Uses. Use of the equipment In the following circumstances is prohibited and constitutes a breach of this Agreement: (a) Use for illegal purpose or in an illegal manner. (b) Use when the equipment is in bad repair or is unsafe; (c) I mproper, unintended use or misuse; (d) Use by anyone other than Customer or Ts employees, without Runyon's written permission; (e) Use at any location other than the address furnished Runyon without Runyon's written permission. 7. Fuel and Oil Levels. Al; equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply. Also, use of alternative fuels (Biodiesei, E85, etc.) in Runyon equipment is prohibited. Customer is liable for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment amen it Is rented to Customer. Maintenance of proper oil lave: in the equipment is s l y the responsibility gf Customer. 8. Repossession. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be Gable for any claims for damage or trespass arising out of the removal of the goods. 9,Tires. Cusiomer is totally responsible for all tire repair. his Customers option 'to check over the tires before the equipment leaves and notify Runyon of anv irregularities spotted. 10. Insurance. Runyon's insurance does not cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it :eaves Runyon's property and until if has been returned to Runyon's property and payment has been received. EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT. EFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS RESPONSIBILITY 11. Cleaning Charges. Equipment is to be returned to Runyon ae dean as when it left. A charge of sixty -five dollars (S65 00) per hour ,will be charged for cleanup. 12. Assignments, Subleases and Loans of Equipment. Runyon may assign, its rights under this Agreement without Customer's cons2rh nut will remain bound by all -obligations herein. Customer may not sublease or ,oar The __cipi ,,rat wit ^:oat Runyon's written permission. Any purported assignment by Customer is void, 13.Time of Return. Qa.o ::er's night to r ossessior termmates on the axcira ";on of T he rental period ("Due :n' date ?true; and reier:ion of possession after this time constituteS a Material breach of this Agreern;nt i.Me is oi the essence In this Agraem m. Any extension nits, be mulually agreed upon ,n writing. 14. Late Return. it e to equipment is and she a times remair vinh Runyon. Fa to return the e q, p.lert by the' Due n' case will suLlect Customer to a rharr, c` ccnva�sicr YhefT) 15.Time of Payment. Accounts are due and payable at the termination of the rental period. 16. Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement, Runyon may collect damages together with reasonable attorney's fees, court costs and nieresi of one and one halt (1 `/z percent per month added to accounts over ten (10) days aid, reflecting an annual percentage rate of eighteen f18) percent. Customer agrees that this agreement is ',a be construed under the laws of the Stara of Indiana and that if legal action is brought to enforce tnis agreement, that Hamilton County. Indiana, shall be the jurisdiction and legal venue for said action, unless otherwise agreed by Runyon and Customer at a later time. 17. Waiver. Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party *e enforce such provision thereafter. 16. Damage Waiver. In consideration of the payment of additional rent classified as "damage waiver° by Customer, Runyon agrees to, and hereby does, waive its right or any right it might have against Customer, arising from normal damage of the rental property normal damage to be determined by Runyon. Customer shall pay upon return of property rented a sum equal to 5% of rental charge. This "damage waiver" does not include damage or loss of the property as a result of the negligence of Customer or in the case of abusive damage, theft or other gross negligence of Customer. This damage waiver shall not apply to reckless.. careless or abusive operation or use of the equipment, use or operation of the equipment exceeding its rated capacity, or damage to tires, tubes and wheels caused by blavrout, bruises, cuts, punctures or other causes inherent in the use of the equipment. it is understood the amount paid is not an insurance premium, and that this provision does not represent an insurance policy or an agreement to insure. No damage waiver license, sales or use taxes are included in Runyon's rental rates. They are extra. 19. Damaged, Dirty, or Lost Equipment. Customer agrees to pay for any damage to or loss of the goods, regardless of cause, except reasonable wear and tear, while the goods are out of Runyon's possession. Equipment lost, stolen or damaged beyond repair will be paid for at its current list price plus the cost of rental alp to the time of reporting the loss or theft to Runyon. The cost of repairs will be boreal by Customer, whether performed by Runyon, or, at Runyon's option, by ofnars, at a charge of sixty -five dollar; 065.00} per hour plus parts. 20. Severabifity. The provisions of this Agreement shall be severable so that the invalldiW unenforceability or wahver of any of the provisions shall not affect the remaining provisions. 21. Loading and Unloading Equipment. Customer is .responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment. Customer agrees to assume the risk of and hold Runyon andror its empoyees harnless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon. 22. Property Damage. Runyon is not responsible for any damage whatsoever as a result of on-the-job deliveries or pick -up by Runyon. 23. Fees, Licenses, Permits,Taxes and Fines, Customer shall be soely responsible for payment of any fees, licenses, permits, taxes or fines.. required by or resulting from the Customer's use or operation of the equipment. 24. Charges. Customer shall pay ail charges required under :his Agreement upon demand. Customer agrees that mileage add time charges are minimum charges only acid *That no refund or reimbursement is due Customer in the event that fewer days and +or miles are actually used. 25. Other Liability. Customer assumes all risks from the improper use of the equipment. Customer Is responsible for damages to Customer's property or goods in storage or in transit, o: for any property left or stored In file equipment, or elsewhere n the renting location. Customer agrees not to hold Runyon liable for damages from dawn time, materials or diner consequential damages resulting from the use of the equipment. Customer releases and holds Runyon, of agents arid employees 4i harmless from: and against anv and all losses :ao:itias, damages, injuries, clams, costs and expenses arising out of Customer's use or possession of the equipment, including but not I:miied to any and al tines, penalties and forfeitures imposed by ro any governmental entity and, to the extent not covered by insurance, any claims or liabilities to third parties arising out of the abandonment, conversion, concealment or unauthorized sale of the equipment by Customer. or its agents or employees, St or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a cult of injury, death or proper y damage ens rig out of Customer's use of the equipment Neither Customer nor any other user of the equipment shall be deemed the, agent,. servant or employee of Runyon for any reason or any purpose. During the term of this Agreement. Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction. 26. Delivery /Pick Up. Delivery is made to closest point Truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra fime is mvaived. Our service does not include set up and knock down of tables and chars. If this service is required, arrangements should be made several days prior to delivery with a special charge quoted If ao arrangements are made and this ser ice is desired on delivery, our or must call for authorization. If rime permits, we will try to accommodate you after quoting the price. On pick up where no prior arrangements have been made arid rental items are not knocked duw'n and assembled in one sheltered area, tables arid chair vrd` be le=ft until the next day when a special crew can be scheduled. There will be an additional one day rental. A knock down fee wit: result if rental items are still up. 27.Waiver of Jury Thai, Each part siv s ri g: t to a jury lr'al of any r or cause of action bv, ec on or ans.hg out of this adreemen* or The sub ect mans hereof l h ivarv Pertains t, di !te Ina: may _lata c :I_c silo :ect r ,alto `p utl it Without limitallon, son.ract ,.,ri breach o and all other commor lave and eta i,cl.r f claims and will not be s:1 rj to env exceptions. Each p, (A) uade str.hds t lal this is a v .rub For i r :.epa rights and pckr Lnai has had a reasorao e opportunity to discuss this v. and its effects legal counsel Accordingly each pal" kno voluntarily. irrevocably and unconditionally its y ,ran rights. 28.Tickets, Fines and Penaltiiii agree to fu', and promptly pay alt fines, pena.ties park n :g rackets I fit tickets tolls, court costs, attorneys fees a other charges assessed during the Term in connection w3h The use, p rk rrg age, anq or possession of the Equipment, regardless of the identity of the driver of any vehicle You rent from Us. 29.Traiiers and Towing. The customer is responsible for inspecting and maintaining the trailer coupling mechanism, safety chains, all fie dorms, pins and !fights in a safe and secure condition while in their possession. Customer agrees not to tow any trailer rented from LESSOR (a) in a careless or negligent manner, (b) at excessive speed or c) while under the influence of medication, alcohol, or illicit drugs. 30. Headings. The headings used herein are solely for convenient reference and shall nor be used to cons ?rue or affect the Iriercratation of this Agreement. ADDITIONAL TERMS AND CONDITIONS FOR SALES All sales arc also governed by the parties' Ec Purchase Agreement. If the Equipment Purchase and tneTerms and Conditions previously enumerated are inconsistent, Than the terms from the Ecurponent Purchase Agreement prevai. AS -IS -NO WARRANTY:': HE WARRANTY .S THE SOLE AND EXCLUSVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLED WARRANTIES, INCLUDING, WITHOUT L' :i11TATION, THE iA- 1 :PL'ED 4ARR.ANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EOUIPf lENT. RUNYON EQUIPMENT RENTAL INC OR AFFILIATED C0 :'viP Nn S viI— NOT B E LIABLE OR RESPONSIBLE FOR ANY SPECIAL_ INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMIER, REGARDLESS OF WH~ THEP SUCH D ".MA.G_- fiRiSE UNDER THEORIES OF THE LAW OF CONTRACTS OR TORT: RETURN POLICY FOR PURCHASED ITEMS: The customer is liable for all shipping costs then returning or exchanging an item to Runyon, unless the product has been damaged during shipping. This policy also applies to warranty returns. As stated. the Runyon Rot ,•r Poll y" whcs customers return an item or ire Tfs for credit, a 25`1 restocking fee will be charged to your account. plus all app icable inbound end ou :oou. d fr_'ght.This policy also app lies to shipmerr°is refused and net rood. All caecsllafons of ,h lu g gds are subject to a 25 1, ,a i :al voiced order; cancellation fee or is stock :gems `nom Runyoc Iceat;phs ONLY. Return sh pp:ng of the product s not refundable. Al! pmts pc chases as non refurdab e Any shipment z d in ;g_iditia r c h :r Than ,branu nevv vvill v' -aced 5.46 restocking fee of the total armour, All recur iiz must be pro perly boxed hefore they are ret,,red Its the customers responsibili To report any dal aes,'Sh.or'ages vo rhin 48 hours of receiving fine prod.i_ Runyon till 'of accep, laims 4E hours after del ivery. Runyon will not accept returns wish .0 authorization. Upon issuing a fvlerchandse Returl Authorization (MRA), Runyon roll .nst. uct gust as t ^e be,- means of et� r u e chat d se ,,.yon s MRA's are -slid for 3 day, after issuarce, MRAs are rot valid ache the 30 day time Ilmir expires- Runvor. rill absor rely not_. und. r any circurnstan,.es iss ie an NIRA o t: :r s oh t,.,e am aged prordt rts. Ary am rel.alcc damage mastt be oted orl ti rqne6 B;i, of LmJ,.noAT OF DE PJE9Y Ti e purchase pr o-, at f m core a final. REPRESENTATIONS AND WARRANTIES: Se.? re, esehts and ,Marra is that r, ,,_'=err has all necessary right, power and autt prity 1, enter nto ago perform it's ansact cos efererc it ,b, has ;,add an: ai :e tine to the drip t: and (c; on the iarrs e Da, Serer ^,ill ccrvey'ne same Buyer ,save only for troy purchase money Ilan, if any to be retained by Sailor should Set i it its sole option, elect t o tira^oe all Corti,. of =,hs P I_r. r(oa) Buyer erssens an., narra is f .Y (it Buyer has all necessary righ. pr:wer and authority to enter into ago perform the Transactions nefei he e, is ,ii) Buyer has sei -s;cd arid carefully'rspei ted arrd xam ,ht Ec a rt a .c odn :he can to e accepiau w Buye r in ail ,aspects based on criteria eizz'abl'shed solely by Buyer and net based on ary recommendation by Seller and 1 0) Buyer has �eceivsd, carefully revievved arcs satisfiled vt lh. all ava::abie fira g, insmict o s, operating arrd err mariva:s, ar other i dc, coati or (irclucong all :raining req'uxed under applicable OSHA andror ANS. Standards. if ary) regarding the proper and safe'rarsoortatr,n use, rnairterance, -.o-Ir ino a of he q n„menL Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 12/07/11 214823 Rental Equipment $259.74 1 hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6 ,20 Clerk- Treasurer VOUCHER NO. WARRANT NO. ALLOWED 20 Runyon Equipment Rental IN SUM OF 410 West Carmel Drive Carmel, IN 46032 $259.74 ON ACCOUNT OF APPROPRIATION FOR Brookshire Golf Club PO# Dept. INVOICE NO. ACCT #/TITLE AMOUNT Board Members 1207 214823 43- 530.99 $259.74 1 hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except Thursday, December 08, 2011 Director, Brookshire olf Club Title Cost distribution ledger classification if claim paid motor vehicle highway fund 1L/13/11 U1: U9 FPI (ji bUV Z9VU Via V51 -tAX rage Or L vibldb InarAfta indt4pdy m at p dtl000rWrenlaap 11 d 0091 deoa firhrapraest4erd doalmMli aerM I rd 1`1011118, n g papreamepplro911�msDldlespnTtOaehefdwa +bedn RUNY�N T t,�ea absdalhepwo«ty of adsiwap n ab fr ceee d eE�dlo f� aalwgms n�elsad lAo Hormn fisAOlsp �wr Etol rnt a fte EgIlplma, Uie a cvera0on a me Epu �ratetl capeellt a0erlmpe q 1sea, aces q Mrrae aweo q� bbaolt t+nisea anL p EQIJ mcw "'wTAl. a dlle AUe06 tti•a1 M the Ima a Ie E a tt Iw enlolrlt petl u not AE tlauerlDa pRe1a01 aw 4U Ile pl010M OOm Ra *man aR 410 R Carmel Drive a Carmel, IN 480(32 wuercapot� aranetieellsMOtmre The ReH4n iwfMreMioloMedpU reaap101 ea dbeHan67Md eglipn+e�a aad a1aaA 118, a ooatrMrde to Iill said paTpery b n casfil eM pnitlePt It2P1t1M w4 LAtW0.•FISNBRbotTNtlWAlpLlb �Rxlexhel�+ bh�a��^ aeNan�4�wl w�ead�w�wpMdwllt �aamrtdMOrnissddMSwavoeetonhmtrpipMA 31 7 666 8888 Thepar+ as aoalmeeaem ,dtasdnaavaenste.Fbwrmo*d arlepaeWove OMW teaaaenaolBardia8aludoTeenoarlml {1�pnoseDorr�e�+ hmoo�o0rdnre9�Nd4 VanemepaodtepeedeV"OB)P t FAX: 317-M -2990 The &W* hell bell, 100" b% tte undaegred a will 04 am Iz s i,ai.srom sbt rterar aIw oe nen n patdoa 4 enr ameoe a ftry p h*eaytrom 1M IEestd sgll Mt ma ►iermr e�re�y IeY+e a! ransAes emer �reaed a 1,I�Ip� tdudFp m9 Tooled "Dwn ?buaOW awam� aer�relumd orlD' neabrnput4/ arpupoee. ordaa7eraasuneanamAiwlmOenlraaarpau�albman NtwaY�yy. 61b y0 owofmyo ft On lee a 118 �RO<IlOe e0was p EloetnetP R tan 4r7' been IOU, dane>Dee 10 pmOroh A LL to a now of bTj etlNr www nm}rommnial.com d u w e'w the d o. e by= d tb1ft w?I etloR,er Iaeabr a ar er<tlOa osoulri aaaleata Iri Isms open 7 Days Week Monday Friday 7:00 am 5.30 pm Saturday 7:00 am 4:30 pm a Sunday 5:00 am 3:00 pm RENTEE ADDRESS AT WHICH_EQUYPMENT WILL BE USED TICKET NO. CITY OF CARMEL Loc 100 ONE CIVIC SQUARE Con# 205793 CARMEL IN 46032 IDENTIFICATION #2 PHONE DATE TIME W (317) 571 -2448 OUT 09/13/11 2:49 PM WH F (317) 571 -2409 AUT O LICENSE RECEIVED BY VERBLE TODD LUCKOSKI, TODD C RETURNED 09/14/11 1:14 PM *FINAL Page: 1 Qty Item# MIN• Hourly Ovnite 8 -hour Day Week 4 Week Ext Amt Net Amt 1 3040 -0001 FISHING SYSTEM 1/2" -4" 50.00 50.00 RENT 50.00 tnr�EBNOr�tus®[rt oEaerOa [TOUwueeauaEermAnwmE0s0owONR SALES 0.00 lAM u WnanN h ak (Ifa68ts1 Ebb Me) iV Rur/on ROgal ea aseal a Pti0letaT� Qatmler K [U011 lar all damaers S rlpi�a mu AMJ hom+Aen+uti IYOI OTHER 0.00 I HA1l IIBtN1CF -0 A oE>wDU41RA1ED ON 71E SASE t PROP81 OpEA,a10U Of 111E AedR FAUPNEIIT I a +w�MnaaTAtD 0�6g•1amUNDOMMTWIWile XFACN RENTPDTHI8PROPEMAn DW /FEES 2.50 TWNAWN EOJR19rT ROM DOES NOTGIK ME PEPAISM ITOtENDTH1SPROPH'RYTO ANYOn(ER K"M 1 PLddl TAX 0.00 V CfASANO T1W *W* Oe J, XOGTNai 4WERTY TO AVV OrNER PERSON FOR AW REA" B kXKm OR2FD SALES TAX 0.00 BIgw�ON EdA+'dEAR RExaL. x THE UMCERSOM HN"AFAD AID UN3EFI5=0 TAE AWa. WRW AOREESTO REM TF! A1ILLES NA%U DEPOSIT 0.00 CN THE TEM3 AID CORDTon SET FORTH RIMS REKK AMEEM 3E 1 HAVE RFAD THE ABOVE INFORMATION RO AMM.DOE THAT a ISOOWZ" COMPLETE Alm AOCURATE. I PROWE TNO ASA CgmRON OF AWNO eOU"W TWP IF My MK(NN13 f, ACDRM OR RHOW NUMBER R CNANOEIL I WILL NOFFY RUNVON TOTAL DUE 52.50 ENU0%NT,"M "WAL0gW.. R1A110m EpUFLENf AML Ill M n4WMDTO eILL vV CREDIT CARD FOR AAN Aw ALL OOBTL PEES. AIINOR a(TEREST CHARGES ASSOOM WN AW CLAIM, LOSS. OR OWAGCS 0 AMT BILLED 52.50 PF4KFFrY AS A R=ATOF'W RENTAL Or TM ECKAPNEM. EOIAPMEI47 CELL LEASED Iry X zc wMa mrf X RENTAL FEES 00 NOT APPLY TO PURCHASES. WE CNA CAE FORTlM Equipment is clean and `ull of fuel please return as sick or additbial charges YOUARERESPONSIM FORALLTIRE3,AELAND F Ic CURAHfL v:iOauplY• X ate made on aqw pEmrE mBflnO m w*=FAtelpnEQ*=tRtult6lheaheeon 0 1' We charge a 5% Damage Waiver on all equipment rentals. In considemtlon of the payment of additional rent classified as 'damage waW by the Rertlee, hem (loss vie la rgtG' or any ryn a n ya— q have against the Rentee, arising from normal d the rental normal damage to be determined by Renter. The unde rspriad sha4 pay upon return of fine neglonoe of the Ra doe led V IWO 0 A W. U e of a a sum equal to 5% of damage, t f or o gross 'damage nag of tl�ie m's warve r ude at r d� as a result s or aab srve operation d the Equipment use or operation d the Eai;ar w t nits rated rapacity or damage to toes, tubes and caused UMMA bruises, cuts, punctures or f quipMBNT FBNTAL then causes inherent n the use of the Equipment. It is understood the amore pad b not an hwtanoo premum, and that this provision does not reposed an insurance 4 f 0 W. Carmel Drive Carmel, I N 46032 poi agreement or an agreement Insure. Ewpmend ft Is stolen or damaged by Renee will pay list for parts, labor or, d a to ass, will a will pay replacement cost d ealpt. men The Rentee further acknowledges receip of th e af equipment and materials, or ccyoname to use said property in a careful and prudent manner and ep*Met. eFISHEttg a INDIANW11 15 ShFl� n s mo rtgage d n earl mitte orient of the owner, and further agrees to MWM the equtlpmert received, natural tD 3'9 7 5 (13 I$ 88 The parties agree mm in to scent the Renee valetas any of the forma and oond6au dais agreareA the Pemr may collect damages bow with reasonable WDmoy foes co�tucslsand 'nOerestdoneendanettaa(t 12) percent per morlh added toa000utsaer tan (10) dWsold, reflecting an annual percentage 09 of eighteen (IB)p"t. FAX: 317. 566 -2990 The above equipment has been received by the understWed for rental purposes tiny, and it Is understood that Renter shall be held respasible for any accident or damage tesu,'ling directly or Indirectly from to leased equipment. The Renter ®guessfy disclaims all warranties, either dressed or in#ad, hdlxflng any implied "Don't be a foal Rent one" warranties of merchantability or fitness for a particular purpose, and neither assumas nor autlrorf¢es ary other person a assume for it any Willy confection with ale use of this aqupf a t. The Rennie agrees to kWffttfy Rene, from any claim, loss, damages to pnopertX consequential damages, loss Of income or any other www. r unyonrental. com IruddaNal damages, even those damages caused by the negligence of Remao, together Mth attomey Ibas br dafertdng any action brought as a resua of the lease of this equipment Open 7 Dory$ Week Monday Friday 7:00 am 5:30 pm Saturday 7:00 am 4:30 pm Sunday 9:00 am 3:00 pm RENTED TO- 'JOB.L•OCATION TICKET CITY OF CARMEL 998 ONE CIVIC SQUARE Con# 205793 CARMEL IN 46032 LoC 100 SSN PHONE DATE TIME W (317) 571 -2448 OUT 09/13/11 2:49 PM WH F (317) 571 -2409 1ID #3 PO/JOB. RECEIVED SY VERBLE TODD LUCKOSKI, TODD C EUE IN 09/14/11 2:49 PM WH CONTRACT Page: 1 QTY ITEM# EXT AMT NET'AMT MIN HOURLY..OVNITE. 8—HOUR— DAY WEEK 4 WEEK 1 3040 -0001 FISHING SYSTEM 1/2 -4" 50.00 50.00 $50.00 /D 50.00 50.00 200.00• c FTHE Cgll VMU IS NOT KnMM BY`DL E WOOF,VOUWLL BE S MECTTO A CHARGE OF HrONVFRSION (ITEFfl Use d alternative hurls, (Blodtesel, EB5, etc.) in Runyon Equipment Rental, equipment Is PROFII8ITEQ Customer Is liable br as damages 8 repairs that result from alternative fuel. I HAVE BEEN INSTRUCTED 8 DEMONSTRATED ON THE SAFE 8 PROPER OPERATION OF THE ABOVE EQUIPMENT ANDJ Filly UNDERSTANDTHOSE INSTRUCT10NS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY, AND THAT RUNMN EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY10 ANY OTHER PERSON. I UNDERSTAND THAT GMNG OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UVOHORIZED BYPUNMNEOUIPMENTRENTAL X SIGNA 4Mr- THE UNDERSIGNEQ HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND ACKNONLEDGE THAT R IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING '11 SEP EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED. I WILL NOTIFY RUNVON EQUIPMENT t 9 RENTAL IMMEDIATELY. RUNVDN EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL OOSTS, d FEES, ANDNR INTEREST CHARGES ASSOCIATED WITH ANY CLAI LOSS, OR DAMAGES TO PROPERTY AS A RESULT OF THE RENTAL OF THIS EQUIPMENT. IF EOUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL. RUNVDN EQUIPMENT RENTAL IS XTI IOWZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR PRE CHARGED AT fay AN HOUR. EQUIPMENT EASE BYT X PRINT HAKE PHONE L ONE 13— SEP -11 14 59: 53 REET RNE BY X SIC IATUR E RENTAL FEES DO NOT APPLY TO PURCHASES. WE CHARGE FOR TIME OUT NOT TIME USED Equipment is clean and full of fuel please return as such or additional charges ELECTRIC YOU ARE RESPONSIBLE FOR ALL TIRES, DU EL AND CURRENT. wi apPiy X INI!" N_0_AQJUSTMENTS OR CREQl will be made on equipment malfunctions.unieS$ Runyon Equipment Renta has been notified. We cha rge a S% Damage Waiver on all equipment rentals. RUNYON EQUIPMENT RENTAL 410 WEST CARMEL DRIVE CARMEL, IN 46032 (317)566 -8888 STATEMENT DATE: 11/25/11 448 PRINTING DATE: 11/28/11 REMIT Tf)'c CITY OF CARMEL RUNYON EQUIPMENT RENTAL ONE CIVIC SQUARE 410 WEST CARMEL DRIVE CARMEL IN 46032 CARMEL, IN 46032 DATE INVOICE# „LOC Iy£sSCRI'T'ON AMOUNTS CREDITS BALANC 09/15/11 205793 100 PO# VERBLE TODD 52.50 50.00 2.50 11/22/11 207616 100 PO# HOLIDAY ON SQUAR 330.56 0.00 330.56 11/25/11 1002521 100 FINANCE CHARGE 0.04 0.00 0.04 *Unapplied Payments Amount Allocated Remaining CURRENT 30 DAXSO.DAS 90 DP.XS 1 TOTAL DUE 330.60 0.00 2.50 0.00 0.00 333.10 1� Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 09/15/11 205793 $2.50 I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6 ,20 Clerk- Treasurer VOUCHER NO. WARRANT NO. ALLOWED 20 Runyon Equipment Rental IN SUM OF 410 W. Carmel Drive Carmel, IN 46032 $2.50 ON ACCOUNT OF APPROPRIATION FOR Carmel Clay Communications PO# Dept. INVOICE NO. I ACCT /TITLE AMOUNT Board Members 1115 I 205793 I 42- 390.99 I $2.50 1 hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except Wednesday, December 07, 2011 Dir Title Cost distribution ledger classification if claim paid motor vehicle highway fund In consideration of the payment of additional rent classified as 'damage waiver by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of property rented a sum equal to 5% of rental charge. This 'damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee or In the case of abusive damage, theft or other gross negligence of the Rentee. This damage waiver shall not apply to reckless, careless or abusive operation or use of the Equipment, use or operation of the Equipment exceeding its rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, ads, punctures or EQUIPMENT {�EN7AL other causes inherent in the use of the Equipment. It is understood the amount paid is not an insurance premium, and that this provision does not represent an insurance 410 W. Carmel Drive Carmel, IN 46032 policy or an agreement to insure. Equipment that is stolen or damaged by Rentee will pay list for parts, labor or, if a total loss, will pay replacement cost of equipment. The Rentee further acknowledges receipt of the aforementioned equipment and materials, or covenants to use said property in a careful and prudent manner and C AWOL 1`15HER5 INDIANAPOLIS shall not loan, sublet, mortgage or in any manner dispose of same to arty person without the written consent of the owner, and further agrees to return the equipment to Renter in substantially good condition as when received, natural wear and tear excepted. 317 566 8888 The parties agree that in the event the Rentee violates any of the lama and conditions of this agreement the Renter may mllect damages together with reasonabi attorney fees, court costs and interest of one and one hag If 1/2) percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent. FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or damage resulting direct) from the leased a disclaims all warranties, either expressed or implied, including implied g g y or indirectly equipment. The Renter expressly q p ly p g anY "Don't be a fool Rent one" warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other www, runyonrentaL com incidental damages, even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease of this equipment. Open 7 Days a Week Monday Friday 7:00 am 5:30 pm Saturday 7:00 am 4:30 pm Sunday 9:00 am 3:00 pm RENTED TO JOB LOCATION TICKET CARMEL UTILITIES 206 JIM 765 610 -2402 760 3RD AVENUE SW, #110 10675 N GRAY RD Con# 210461 CARMEL IN 46032 CARMEL IN Loc 100 SSN PHONE DATE TIME W (317) 571 -2267 OUT 10/24/11 9:00 AM SAF F (317) 571 -2265 ID #.3 PO /JOB.# RECEIVED BY W09604 PLANT 4 JIM RETURNED 12/06/11 8:50 AM SAF *FINAL Page: 1 QTY ITEM# EXT AMT NET AMT: MIN HOURLY OVNITE 8 -90UR DAY WEEK 4 WEEK 1 5857 -0011 LASER LEVEL f 405.00 405.00 $30.00/4 45.00 45.00 180 00� ,540 00 3,- z Actual Out Date: 11/21/11 9:00 AM f' IFTHE EQUIPMENT IS NOT RE MED BY "DUE IN' DATE,YOt1 WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT} RENT 405 00 Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED. Customer is liable for all damages repairs that result from alternative.fuel. SALES 0 00 I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I OTHER 0 0 0 FULLY UNDERSTAN)THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY, AND THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON. I DW /FEES 20 25 UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED BY RUNYON EQUIPMENT RENTAL. X SIGNATURE. Addl TAX 0 00 THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALES TAX 0 00 THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND ACKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING DEPOSIT 0 00 EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGES TO PROPERTY AS A RESULT OF THE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 425. 25 RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR. AMT BILLED 425.25 LEASED BY X N" R I NT NAME CELL LEASED BY PRINT 1�1`� PHONF 06- DEC -11 08:50:57 EQUIPMENT RETURNED BY X SIGN TUFiE RENTAL FEES DO NOT APPLY TO PURCHASES. WE CKARGE FORTI TIME Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALLTIRES, FUEL AND ELECTRIC CURRENT. will apply. X l(ll IAL NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runvon Eauioment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals. TERMS AND CONDITIONS 1. Inspection. Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition, and that Customer understands its proper use. Customer further acknowledges its duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc (hereinafter "Runyon of any defects. 2. WARRANTIES, THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, OR THAT IT IS FREE FROM DEFECTS. 3. Indemnification. Customer agrees to assume the risks of: and hold Runyon harmless for, property damage and personal injuries including death and dismemberment, caused by the equipment and/or arising out of Runyon's negligence. Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities including attorney's fees which (1) relate to injury or to destruction of property, or bodily injury, illness, sickness, disease or death of any person including employees of Customer), and (2) are caused by, or claimed to be caused. in whole or in part, by the equipment !eased herein or by the liability or conduct (including active, passive primary or secondary) of Customer, its agents or employees, or anyone for whose acts any of them may be liable. Customer shall at its own: cost or expense, defend Runyon against all suns or proceedings commenced by anyone in which Runyon is a named party for which Runyon:. is alleged to be liable or responsible as a result of or arising out of the equipment, or any alleged act or omission by Runyon, and Customer shall be liable and responsible for all costs, expenses and attorneys fees incurred in such defense and/or settlement, judgment or other resolution. In the event that such action is commenced naming Runyon as a party, Runyon may elect to defend said action on its own behalf and Customer agrees their shall be liable for all costs, expenses and attorney's fees incurred by Runyon in such defense. 4. Rental Charges and Terms. Equipment with hour meters is allowed eight (8) hours use within a 24 -hour period of time. Rental rates for equipment are based on usage during this eight i8) hour shift. If Customer runs the equipment for over 8 hours in one day, Customer will be charged for extra hours on equipment. One day is 24 hours or eight (8) hours running time. 16 hours running time in 24 hours a 2 -day charge. 24 hours running time in 24 hours a 3 -day charge. 5. Future Rentals. Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon.. whether on the date of this Agreement or at any time in the future (except only as to any Equipment and/of other items with respect to which Customer executes a new Agreement). 6. Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement: (a) Use for illegal purpose or in an illegal manner: (b) Use when the equipment is in bad repair or is unsafe; (c) Improper, unintended use or misuse; (d) Use by anyone other than Customer or its employees, without Runyon's written permission; (e) Use at any location other than the address furnished Runyon without Runyon's written permission. 7. Fuel and Oil Levels. All equipment is full of fuel when retired to Customer and must be returned to Runyon full or additional charges will apply. Also, use of alternative fuels (Biodiesel, E85, etc.) in Runyon equipment is prohibited. Customer is liable for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when its rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer. 8. Repossession. Upon a tailure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the goods. 9.Tires. Customer is totally responsible for all tire repair. !t Is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted. 10, insurance. Runyon's insurance does not cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyon's property and payment has been received. EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS RESPONSIBILITY. 11. Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left. A charge of sixty-five dollars (S65.00) per hour will be charged for cleanup. 12. Assignments, Subleases and Loans of Equipment. Runyon may assign its rights undo this Agreement Without Customer's consent, but will remain bound by all obligations herein. Customer may not sublease or loan the equipment' without Runyon's written permission. Any purported assior:ment by Customer is void. 13, Time of Return. Customer's right to possession terminates on the expiration of the rental period ("Due fn" date &time) and retention of possession after this time constitutes a material breach of this Agreement. Time is of the essence in this Agreement. Any extension must be mutually agreed upon fn writing. 14. Late Return. Title to equipment is and shall at all fines remain v;ith Runyon. Failure to return the equ pr :era by the "Due in" date vill subject Customer to a charge of conversion; (theft 15.Time of Payment. Accounts are due and payable at the termination of the rental period. 16. Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement, Runyon may collect damages together with reasonable attorneys fees. court costs and interest of one and one halt (1 '/z) percent per month added to accounts over ten (10) days old, reflecting air annual percentage rate of eighteen (18) percent. Customer agrees that this agreement is to be construed under the laws of the State of Indiana and that if legal action is brought to enforce this agreement, that Hamilton County, Indiana, shall be the jurisdiction and legal venue for said action:, unless otherwise agreed by Runyon. and Customer at a later time. 17. Waiver. Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter. 18. Damage Waiver. In consideration of the payment of additional rent classified as "damage waiver" by Customer, Runyon agrees to, and hereby does, wave its right or any right it might have against Customer arising from normal damage of the rental property normal damage to be determined by Runyon. Customer shall pay upon return of property rented a sum equal to 5`c of rental charge. This "damage waiver" does not include damage or loss of the property as a result of the negligence of Customer or in the case of abusive damage, theft or other gross negligence of Customer. This damage waiver shall not apply to reckless, careless or abusive operation or use of the equipment, use or operation of the equipment exceeding its rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or other causes inherent in the use of the equipment. It is understood the amount paid is not an insurance premium, and that this provision does not represent an insurance policy or an agreement to insure. No damage waiver license, sales or use taxes are included in Runyon's rental rates. They are extra. 19. Damaged, Dirty, or Lost Equipment. Customer agrees to pay for any damage to or loss of the goods regardless of cause, except reasonable wear and tear while the goods are out of Runyon's possession. Equipment lost, stolen or damaged beyond repair will be paid for at its current list price plus the cost of rental up to the time of reporting the loss or theft to Runyon. The cost of repairs will be borne by Customer, whether performed by Runyon, or, at Runyon's option, by Others, at a charge of sixty -five dollars (565.00) per hour plus parts. 20. Severability. The provisions of this Agreement shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions. 21. Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment, Customer agrees to assume the risk of and hold Runyon and/or its employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon. 22. Property Damage. Runyon is not responsible for any damage whatsoever as a result of on -the -job deliveries or pick -up by Runyon. 23. Fees, Licenses, Permits, Taxes and Fines. Customer shall be solely responsible for payment of any fees, licenses permits, taxes or fines, required by or resulting from the Customer's use or operation of the equipment. 24. Charges. Customer shall pay all charges required under this Agreement upon demand. Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer days and/or miles are actually used. 25. Other Liability. Customer assumes all risks from the improper use of the equipment. Customer is responsible for damages to Customer's property or goods in storage or in transit, or for any property left or stored in the equipment, or e'sewhere In me renting location. Customer agrees not to hold Runyon liable for damages from down time, materials or other consequential damages resulting from the use of the equipment. Customer releases and holds Runyon its agents and employees harmless from and against any and all losses, liabilities, damages, injuries claims costs and expenses arising out of Customer's use or possession of the equipment, including, but not limited to any and all fines, penalties and forfeitures imposed by any governmental entity, and. to the extent not covered by insurance any claims or liabilities to third parties arising out of the abandonment, conversion, concealment or unauthorized sale or the equipment by Customer. or its agents or employees or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a result of injury, death or property damage arising apt of Customer's use of the equipment Neither Customer nor any other user of the equipment shall be deemed the agent servant or employee of Runyon for any reason Or any purpose. During the term of this Agreement, Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction. 26. Delivery /Pick Up. Delivery is made to closest point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not Include set up arjO knock down of tables and chairs. If this service is required, arrangements should be made several days prior to delivery with a special charge quoted. If no arrangements are made and this service is desired on delivery, OUr driver mu an for acing zaiion. !t time permits, we will try to accornmodate you after quoting the ice. On pick u where no rior arrangements have been made and rental items are not knocked down and assembled in one shedered area tables and chairs wit! be left until the next dal when a special Y q P' P P P 9 Y p crew can be scheduled There will be an additional one day rental. A knock down fee will result if rental items are still up. 27. Waiver of Jury Trial Each party waives its right to a jury trial of any c ±aim or cause of action based on or arising out of this agreement or the subject matter hereof. This 4;a per pertains to al! disputes that may relate to the subject matter hereof r.!udinr, .nhcut toter., cortrart aril. o aacn of duty, and all other °OmMO^ law a sta0.i =try claims and will not be suolec: tc any exoe):fons Each party (A) understands tat this is a ..,.'ter ,f :c1 e f ar le r_h s and IF) ackno :A ed es that neBhO "d has rad a reasonable opportunity to d scuss this wa ver anal is e. ects ith legal coun el. According each party knov"ingly, voluntarily, irrevocady .aria unconditionally waives its iy it r ;;nts, 28.Tickets. Fines and Penalties. You agree to fully and promptly pay a. fines, paha'ies. parking :i, lkets. t ffic ti cke?s.:olls, court costs, attorneys' fees and o!hr: charges a rig seo during he Ternr in ccnrecion w ith the use, parking Stcrage, ano; or possession of the Equipment, regardless of the identity of the driver of any vehicle You rent from Us. 29. Trailers and Toll he customer is responsible for inspecting and maintaining the trailer coupling mechanism, safety chains all tie downs, pins and lights in a safe agjt55;.Vr-e condition while in theif possession. Customer agrees not io tow any trailer rented frorn LESSORiDEALER (a) in a careless or negligent manner. (b) at excessive speed or fc) while under the influence of medication alcohol, or illicit drugs. 30. Headings. The headings used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement. ADDITIONAL TERMS AND CONDITIONS FOR SALES All sales are also governed by the parties' Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent, then the terms from the Equipment Purchase Agreement prevail. AS -IS NO WARRANTY: THE WARRANTY !S THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING. WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OFTHIS EQUIPMENT. RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER, REGARDLESS OF WHETHER SUCH DAMAGES ARISE UNDER THEORIES OF THE LAW OF CONTRACTS OR TOR'!. RETURN POLICY FOR PURCHASED ITEMS: The customer Is Gable for all shipping costs when returning or exchanging an item to Runyon. unless the product has been damaged during shipping.Tpls policy aso applies warranty retufns..As stated In the Runyon "Return Policy." when customers return an item or items for credit, a 25% restocking fee will be charged to your account plus all applicable inbound and outbound freight. T his policy also applies to shipments refused and returned. All cancellations of :)hole goods are subject to a 25% iof total invoiced order) cancellation fee on in stock items from Runyon locations ONLY. Return shipping of tho product is not refundable. All parts purchases are non refundable. Any shipment received in conditions other thar brand new will be charged 50% restocking fee of the total amount. All returns must be properly boxed before they are returned. Its the customer's responsibility to report any damages./shortages within 48 hours of receiving the product. Runyon wit', not accept claims 48 hours after delivery. Runyan will not accept stunts without authorization. Upon issuing a Merchandise Retun Auihom_ation (fs4RAl, Runyon will instruct customers as to the best means of retuning merchard!se Runyon's MRS are valid for 30 days after issuance. MRAs are not valid after the 30 day time limit expires. Runyon will absolutely nor, under any circumstances, iss..e an NARA for returns on used or damaged products. Any freight related damage mutt be rioted on the signed Sri! of Lading AT THE TIME OF DELIVERY.The purchase price at time of sale is final. REPRESENTATIONS AND WARRANTIES: Se' e• represents and v ✓area is than (a) Seiier has all necessary right, power and aulhority to enter into and perform tf.e Nansact o s refetrerc herein: lei Seller has good and rnadke title to tie qu'pmert. and (c) on the Transfer Date Seller dll convey the same to Buyer 'save only for the purchase money ,ten, if any, to be retained by Seller should Seller at its sole option, elect to finance all Or any pertior of the Purchase ?nee). Buyer apresers and warra its that: (i) Buyer has all necessary righ., power and authority to enter into and perform the transactions referenced herein: jib Buyer has selec.ed and care ill} .scected and oxami e the Equ p e t and found the same to be acceptable to Buyer in aG respects based on criteria established solely by Buyer and not based on any recommendation by Seller; and (iii) Buyer has received, carefully reviewed and is satisfied with all available training, instructions, operating and sign manual and other mformafoc (including a raining required under applicable OSHA and(Or ANS! Standards if any) regarding the proper and sate transportation, use. maintenance. rePairand storage e' !hp Equipment. In consideration of the payment of additional rent classified as 'damage waiver by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of Ar property rented a sum equal to 5% of rental charge. This "damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee or In the case of abusive damage, theft or other gross negligence of the Rentee. This damage waiver shall not apply to reckless, careless or abusive operation or use of the Equipment, use or operation of the Equipment exceeding its rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or EQUIPMENT -ENTAL other causes inherent in the use of the Equipment. It is understood the amount paid is not an insurance premium, and that this provision does not represent an insurance 410 W. Carmel Drive Carmel, IN 46032 policy or an agreement to insure. Equipment that is stolen or damaged by Rentee will pay list for parts, labor or, If a total loss, will pay replacement cost of equipment The Rentee further acknowledges receipt of the aforementioned equipment and materials, or covenants to use said property in a careful and prudent manner and 6"Cl- I'ISH67-5 INDIANAPOLIS shall not loan, sublet, mortgage or in any manner dispose of same to any person without the written consent of the owner, and further agrees to return the equipment to Renter in substantially good condition as when received, natural wear and tear excepted. 317 5 6 6 8888 The parties agree that in the event the Rentee violates any of the temis and conditions of this agreement, the Renter may collect damages together With reasonable attorney fees, court costs and interest of one and one half (11/2) percent per month added to accounts over ten (10) days old, reflectrg an annual percentage rate of eighteen (18) percent FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including any implied Don't t be a tool Rent one warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other www.runyonrental.com incidental damages, even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease of this equipment. Open 7 Days a Week Monday Friday 7:00 am 5:30 pm Saturday 7:00 am 4:30 pm Sunday 9:00 am 3:00 pm RENTED TO JOB LOCATION TICKET CARMEL UTILITIES 206 JIM 765 -610 -2402 Org# 210461 760 3RD AVENUE SW, #110 10675 N GRAY RD Con# 213169 CARMEL IN 46032 CARMEL IN Loc 100 SSN PHONE DATE TIME W (317) 571- 2267 OUT" 10/24/ 11 9:00 AM SAF F (317) 571 -2265 ID #3 PO /JOB RECEIVED BY W09604 PLANT 4 JIM BILI THRU 11/21/11 9:00 AM JT RENEWAL BILL INVOICE Page: 1 QTY ITEM# EXT.AMT NET AMT MIN HOURLY OVNITE 6 -HOUR DAY WEEK 4 WEEK 1 5857 -0011 LASER LEVEL 540.00 540.00 $30.00/4 45.00 45.00 180.0'0,'4'0.00 A k E v Z•i..,} Lu IFTHE EQUIPMENT 6 NOT RETURNED BY "DUE IN" DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT). RENT 540 00 Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED. Customer is liable for all damages repairs that result from alternative fuel. SALES 0 00 I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I OTHER 0 00 FULLY BEEN THOSE INSTRUCTIONS, I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY, AND THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON. 1 DW FEES 27 00 UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED BY RUNYON EQUIPMENT RENTAL. X `;7' ;'y P'E Addl TAX 0 00 THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALES TAX 0 00 THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND ACKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING DEPOSIT 0 00 EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGESTO PROPERTY AS A RESULT OF THE RENTAL OF THIS EQUIPMENT IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED TOTAL DUE 567 0 0 TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR, LABOR RATE CHARGED AT $85 AN HOUR. AMT BILLED 567. EQUIPMENT PRINT �f� 1t E CELL LEASED BY X PRINT NAM PHONE 14- NOV -11 16:25:20 EQUIPMENT RETURNED BY X S IGNATURE RENTAL FEES DO NOT APPLY TO PURCHASES. WE CHARGE FOR TIME OUT NOT TIME USED. Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALLTIRES, VUEL AND ELECTRIC CURRENT. will apply. X 1Ni i,A:i_ NO ADJUSTMENTS OR CREDITS will be made on equipment We cha a 5% Damage Waiver on all equipment rentals. malfunctions unless Runvon Eau►oment Rental has been notified_ 9 9 TERMS AND CONDITIONS 1. Inspection. Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition, and ?hat Customer understands its proper use. Customer further acknowledges its duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc (hereinafter "Runyon`) of any defects. 2, WARRANTIES, THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTY THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, OR THAT IT IS FREE FROM DEFECTS. 3, Indemnification. Customer agrees to assume the risks of, and hold Runyon harmless for, property damage and personal injuries, including death and dismemberment, caused by the equipment andior arising out of Runyon's negligence. Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities including attorneys fees which (1) relate to injury or to destruction of property, or bodily injury, illness, sickness, disease or death of any person (including employees of Customer), and (2) are caused by, or claimed to be caused, in whole or in part, by the equipment leased herein or by the liability or conduct (incudng active, passive. primary or secondaryl of Customer, its agents or employees, or anyone for whose acts any of them may be liable. Customer shall, at its own cost or expense, defend Runyon against aii suits or proceedings commenced by anyone it which Runyon is a named party toll which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment, or any alleged act or omission by Runyon, and Customer shall be liable and responsible for all costs, expenses and attorney's fees incurred in such defense and /or settlement, judgment or other resolution. In the event that such action is commenced naming Runyon as a party,. Runyon may elect to defend said action on its own behalf and Customer agrees that it shall be liable for all costs, expenses and attorney's fees incurred by Runyon in such defense. 4. Rental Charges and Terms. Equipment with hour meters is allowed eight (8) hours use within a 24 -hour period of time. Rental rates for equipment are based on usage during this eight (8) hour shift. If Customer runs the equipment for over 8 hours in one day, Customer will be charged for extra hours on equipment. One day is 24 hours or eight (8) hours running time. 16 hours running time in 24 hours a 2 -day charge. 24 hours running time in 24 hours a 3 -day charge. 5. Future Rentals. Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon.. whether on the date of this Agreement o. at any time in the future (except only as to any Equipment and/or other items with respect to which Customer executes a new Agreement). 6. Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement: (a) Use for illegal purpose or in an illegal manner, (b) Use when the equipment is in bad repair or is unsafe: (c) Improper, unintended use or misuse; (d) Use by anyone other than Customer or its employees, without Runyon's written permission; (e) Use at any location other than the address furnished Runyon without Runyon's written permission. 7. Fuel and Oil Levels. All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply. Also. use of alternative fuels (Biodiesel, E85, etc.) in Runyon equipment is prohibited. Customer is liable for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer, 8. Repossession. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shail not be liable for any claims for damage or trespass arising out of the removal of the goods. 9.Tires. Customer is totally responsible for all lire repair. His Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted. 10. Insurance. Runyon's insurance does not cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyons property and payment has been received. EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS RESPONSIBILITY. 11. Cleaning Charges, Equipment is to be returned to Runyon as clean as when it left. A charge of sixty-five dollars ($65.00) per hour will be. charged for cleanup. 12. Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement without Customers consent, but will remain bound by ai obligations herein. Customer may not sublease or loan the equipment without Runyon's .vriflen permission. Any purported assignment by Customer s void. 13. Time of Return. Customer's right to possession terminates on the expiration of the rental period "Due In" date time) and retention of possession after this time constitutes a material breach of this Agreement. Time is of the essence in this Agreement. Aref extension must be mutually agreed upon it writing. 14. Late Return. Title to equipment is and shall at all times remain; with Runyon. Failure to return the equipment by the "Due ln" date will subject Customer to a charge of conversion (theft). 15. Time of Payment. Accounts are due and payable at the termination of the rental period. 16. Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement, Runyon may collect damages together with reasonable attorney's fees, court costs and interest of one and one half (1 1 percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent. Customer agrees that this agreement is to be construed under the laws of the State of Indiana and that if legal action is brought to enforce this agreement, that Hamilton County, Indiana. shall be the jurisdiction and legal venue for said action, unless otherwise agreed by Runyon and Customer at a later time. 17. Waiver. Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter. 16. Damage Waiver. In consideration of the payment of additional rent classified as "darnage waiver' by Customer, Runyon agrees to, and hereby does, waive its right, or any right It might have against Customer, arising from normal damage of the rental property, normal damage to be determined by Runyon:. Customer shall pay upon return of property rented a sum equal to 5% of rental charge. This "damage waiver' does not include damage or loss of the property as a result of the negligence of Customer or in the case of abusive damage theft or other gross negligence of Customer. This damage waiver shall not apply to reckless, careless or abusive operation or use of the equipment use or operation of the equipment exceeding its rated capacity, or damage to fires, tubes and wheels caused by blowout, bruises, cuts, punctures or other causes inherent in the use of the equipment. it is understood the amount pad is not an insurance premium, and that this provision does rot represent an insurance policy or an agreement to insure. No damage waiver license, saes or use taxes are included in Runyon's rental rates. They are extra. 19, Damaged, Dirty, or Lost Equipment. Customer agrees to pay for any damage to or loss of the goods. regardless of cause, except reasonable wear and tear, while the goods are out of Runyon's possession. Equipment lost, stolen or damaged beyond repair will be paid for at its current list price plus the cost of rental up to the time of reporting the loss or theft to Runyon. The cost of repairs will be borne by Customer whether performed by Runyon, or, at Runyon's option, by others, at a charge of sixty -five dollars (565.00) per hour plus parts. 20. Severability. The provisions of this Agreement shall be severable so that the invalidity, unenforceability or waiver of any of the provisions shall not affect the remaining provisions. 21. Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment, Customer agrees to assume the risk of and hold Runyon andior its employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon. 22. Property Damage. Runyon is not responsible for any damage whatsoever as a result of on- the -job deliveries or pick -up by Runyon. 23. Fees, Licenses, Permits, Taxes and Fines. Customer shall be solely responsible for payment of any fees. licenses, permits, taxes or fines. required by or resulting from the Customer's use or operation of the equipment. 24. Charges. Customer shall pay all charges required under this Agreement upon demand. Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer days and /or miles are actually used. 25. Other Liability. Customer assumes all risks from the improper use of the equipment. Customer is responsible for damages to Customers property or goods in storage or in transit, or for any property left or stored in the equipment, or elsewhere in the renting location. Customer agrees not to hold Runyon liable for damages from down time, materials or other consequential damages resulting from the use of the equipment. Customer releases and holds Runyon, its agents and employees harmless from and against any and all losses, liabilities, damages, injuries, claims, costs and expenses arising out of Customer's use or possession of the equipment, including. but not limited to any and all fines, penalties and forfeitures imposed by any governmental entity. and, to the extent not covered by insurance, any claims or liabilities to third parties arising out of the abandonment, conversion. concealment or unauthorized sale of the equipment by Customer, or its agents or employees. or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a -esult of injury death or property damage arising out of Customer's use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent, servant or employee of Runyon for any reason or any purpose. During the term of this Agreement, Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction. 26. Delivery /Pick Up. Delivery is made to closest point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not include set up and knock down of fables and chairs. If this service is required, arrangements should be made several days prior to delivery with a special charge quoted. If no arrangements are made and this service is desired on delivery, our driver must call for authorization. If time permits, we will try to accommodate you after quoting the price. On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area. tables and chairs will be left until the next day when a special crew can be scheduled. There will be an additional one day rental. A knock down fee will result if rental items are still up. 27. Waiver of Jury Trial. Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof. This waiver pertains to all disputes that may relate to the subject matter hereot, including.. wdhout ?imitation, contract, tort, breach of duty.. and all other common law and statutory claims, and will not be subject to any exceptions. Each party (A) understands that this is a waiver of important legal rights and (B) acknowledges that heishe it has had a reasonable opporunily to discuss this wa rer and its effects wish legal counsel. Accordingly, each party know n gly, voluntarily, irrevocably and unconditionally 'waives its fury trial rights. 28. Tickets, Fines and Penalties. You agree to fully and promptly pay aH fines penalties, parking tickets, traffic tickets, tolls court costs, attorneys' fees and other charges assessed during the Term in connection with the use, parking. storage, and.- or possession of the Equipment. regardless of the identity of the driver of any vehicle You rent from Us. 29.Traiters andTowing. The customer is responsible for inspecting and maintaining the trailer coupling mechanism, safety chains, all tie downs, pins and lights in a safe and secure condition while in their possession. Customer agrees not to tow any trailer rented from LESSORIDEALER (a) in a careless or negligent manner, (b) at excessive speed or (c) while under the influence of medication, alcohol, or illicit drugs. 30. Headings. The headings used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement. ADDITIONALTERMS AND CONDITIONS FOR SALES All sales are also governed by the parties' Equipment Purchase Agreement. if the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent, then the terms from the Equipment Purchase Agreement prevail. AS -IS NO WARRANTY: THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY SPECIAL. INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER, REGARDLESS OF WHETHER SUCH DAMAGES ARISE UNDER THEORIES OF THE LAW OF CONTRACTS OR TORT. RETURN POLICY FOR PURCHASED ITEMS: The customer is liable for all shipping costs when returning or exchanging an item to Runyon, unless the product has been damaged during shipping.This policy also applies to warranty returns. As stated in the Runyon "Return Policy" when customers return an item or items for credit, a 25% restocking fee will be charged to your account, plus all applicable inbound and outbound freight.This policy also applies to shipments refused and returned. All cancellations of whole goods are subject to a 25% (of total invoiced order) cancellation fee on in stock items from Runyon locations ONLY. Return shipping of the product is not refundable. All parts purchases are non refundable. Any shipment received in conditions other than brand new will be charged 50% restocking fee of the total amount. All returns must be properly boxed before they are returned. It's the customers responsibility to report any damages /shortages within 48 hours of receiving the product. Runyon will not accept claims 48 hours after delivery. Runyon will not accept returns without authorization. Upon issuing a Merchandise Return Authorization (MRA), Runyon will instruct customers as to the best means of returning merchandise. Runyon's MRAs are valid for 30 days after issuance, MBAs are not valid after the 30 day time limit expires. Runyon will absolutely not, under any circumstances, issue are.. MRA for returns on used of damaged products. Any freight related damage mist be noted on the signed Bill of Lading AT THE TIME OF DELIVERY. The purchase price at time of sale is final. REPRESENTATIONS AND WARRANTIES: Seller represents and warrants that: (a) Seiler has all necessary right, power and authority to enter into and perform: the transactions referarced herein: (b) Seiler has good and marketable title to the Equipment; and (ci on t he Transfer Date, Seller will convey the same to Buyer (save only for the purchase money iet, if any, to be retained by Seller should Seller, at its sole option, elect to finance all or any portion of the Purchase Price). Buyer represents and ,varrams that: (i) Buyer has all necessary right, power and authority to enter into and perform the transactions referenced herein; (ii) Buyer has selected and carefully irspected and examined the Equipment and found the same to be acceptable to Buyer in all respects based on criteria established solely by Buyer and not based on any recommendation by Seller; and (iii) Buyer has received, carefully reviewed and is satisfied'.vith. all available training, ristructior,s, operating and user manuals. and other information (including ail training required under applicable OSHA and/or ANSI Standards, if any) regarding the proper and safe transportation, use, maintenance, repair and storage of the Equipment. Prescribed by State Board of Accounts City Form No. 201 (Rev 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show, kind of service, where performed, dates of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee 354867 RUNYON EQUIPMENT RENTAL Purchase Order No. 410 W CARMEL DRIVE Terms CARMEL, IN 46032 Due Date 12/13/2011 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 12/13/201' 210461 $567.00 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 Date icer VOUCHER 1 13234 WARRANT ALLOWED 354867 IN SUM OF RUNYON EQUIPMENT RENTAL 410 W CARMEL DRIVE CARMEL, IN 46032 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code 210461 07- 1052 -03 $567.00 2106 k a `i b- 25 CUnlaect-an �q�L•zs Voucher Total �,5r7-6tT' Cost distribution ledger classification if claim paid under vehicle highway fund In consideration of the payment of additional rent classified as 'damage waiver by the Rentee, Renter agrees to, and hereby does waive its right, or any right lt might R U NYO N A have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of A Property rented a sum equal to 5% of rental charge. This 'damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee or in the case of abusive damage, theft or other gross negligence of the Rentee. This damage waiver shall not apply to reckless, careless or abusive operation or use of the Equipment, use or operation of the Equipment exceeding its rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or EQUIPMENT RENTAL other causes inherent in the use of the Equipment. It is understood the amount paid is not an insurance premium, and that this provision does not represent an insurance 410 W. Carmel Drive Carmel, IN 46032 policy or an agreement to insure. Equipment that is stolen or damaged by Rentee will pay list for parts, labor or, if a total loss, will pay replacement cost of equipment. The Rentee further acknowledges receipt of the aforementioned equipment and materials, or covenants to use said property in a careful and prudent manner and LAWeL FISHERS INDIANPPOLIS shall not loan, sublet, mortgage or in any manner dispose of same to any person without the written consent of the owner, and further agrees to return the equipment to Renter in substantially good condition as when received, natural wear and tear excepted. 31 7 566 8888 The parties agree hat in the event the Rentee violates any of the terms and conditions of this agreement, the Renter may collect damages together with reasonable attorney fees, court costs and interest of one and one half (111/2) percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent. FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes only and a is understood that Renter shall be held responsible for any accident or damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including any implied "Don't be o tool Rent one" warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other www, runyonrentaL com incidental damages, even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease of this equipment. Open 7 Days a Week Monday Friday 7:00 am 5:30 pm Saturday 7:00 am 4:30 pm Sunday 9:00 am 3:00 pm RENTED TO JOB LOCATION TICKET CARMEL WATER DISTRIBUTION 161 SHOP 3450 W. 131ST STREET Con# 215159 CARMEL IN 46074 Loc 100 SSN`` PHONE 'DATE TIME W (317) 733 -2855 OUT 12/09/11 10:08 AM TT W (317) 733 -2840 ID #3 PO /JOB RECEIVED BY SHOP MCNULTY, MATT 12/09/11 10:10 AM TT *FINAL Page: 1 QTY ITEM# EXT AMT NET AMT MIN HOURLY OVNITE 8 -HOUR DAY WEEK 4 WEEK 1 101 PROPANE 30 POUND REFILL 20.90 20.90 20.90 ME EQUIPMENT IS NOT RETURNED BY'DUE W" DATE YOU WI SUBJECTTO A CHARGE OF COWERSIZ(IHEF4 RENT 0 00 Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED. Customer is liable for all damages repairs that result from alternative fuel. SALES 20 90 1 HAVE BEEN INSTRUCTED 8 DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I OTHER FULLY UNDERSTANDTHOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY, AND THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON. I DW FEES 0 00 UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED BY RUNYON EQUIPMENT RENTAL. X SIGN IJR1= Addl TAX 0 00 THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SAFES TAX 0 0 0 THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND ACKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING DEPOSIT o 00 EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGESTO PROPERTY AS A RESULT OF THE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL, DUE 20 9 0 RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR. AMT BILLED 20 90 EQUIPMENT PR I p T NAME fL lq E CELL LEASED BY X R1I\# IA PHONE 09- DEC -11 10:10:42 EQUIPMENT RETURNED BY X SIGfl ATJ IR# RENTAL FEES DO NOT APPLY TO PURCHASES. E HAR E F R TIME UT N T TIME USED. Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALLTIRES, DUEL AND ELECTRIC CURRENT. will apply. X Ili i "IAL NO ADJUSTMENTS OR CREDITS will be made on equipment uI We cha a 5% Damage Waiver on all equipment rentals. malfunctions unless Runvon Eauioment Rental has been notified. 9 9 q P TERMS AND CONDITIONS 1. Inspection. Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition., and that Customer understands its proper use. Customer further acknowledges its duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc (hereinafter "Runyon of any defects. 2. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTY THATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, OR THAT IT IS FREE FROM DEFECTS. 3. Indemnification. Customer agrees to assume the risks of, and hold Runyon harmless for, property damage and personal injuries, including death and dismemberment caused by the equipment and'or arising out of Runyon's negligence. Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabil ties including attorneys fees which (1) relate tg injury or tp destruction of property or bodsly injury, illness sickness, disease or death of any person (including employees of Customer), and (2) are caused by or claimed to be caused, in whole or in part, by the equipment leased herein or by the liability or conduct ;including active, passive, primary or secondary) of Customer its agents or employees, or anyone for whose acts any of them may be liable. Customer shall, at ifs own cost or expense, defend Runyon against all suits or proceedings commenced by anyone in which Runyon is a named party for which Runyon: is alleged to be liable or responsible as a result of or arising out of the equipment, or any alleged act or omission by Runyon, and Customer shall be liable and responsible for all costs• expenses and attorney's fees Incurred in such defense and/or settlement, judgment or other resolution. In the event that such action is commenced naming Runyon as a party, Runyon may elect to defend said action or its own behalf and Customer agrees that It shall be liable for all costs, expenses and attorney's fees incurred by Runyon in such defense. 4. Rental Charges and Terms. Equipment with hour meters is allowed eight (8) hours use within a 24 -hour period of time. Rental rates for equipment are based on usage during this eight (8) hour shift. If Customer runs the equipment for over 8 hours in one day, Customer will be changed for extra hours on equipment. One day is 24 hours or eight (8) hours running time. 16 hours running time in 24 hours a 2 -day charge. 24 hours running time in 24 hours a 3 -day charge. 5. Future Rentals. Customer acknowledges that the terms of this .Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon., whether on the date of this Agreement or at any time in 'he future (except only as to any Equipment and/or other items with respect to which Customer executes a new Agreement). 6. Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement: (a) Use for illegal purpose or in an illegal manner, (b) Use when the equipment is in bad repair or is unsafe: (c) improper, unintended use or misuse: (d) Use by anyone other than Customer or its employees, without Runyon's written permission: (e) Use at any location other than the address furnished Runyon without Runyon's written permission. 7. Fuel and Oil Levels. All equipment s full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply. Also, use of alternative fuels (Biodiesel, E85, etc.) in Runyon equipment is prohibited. Customer is liable for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer. 8. Repossession. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shah not be liable for any claims for damage or trespass arising out of the removal of the goods. 9.Tires. Customer is totally responsible for all lire repair. It is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted. 10. Insurance. Runyon's insurance does not cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyon's property and payment has been received. EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS RESPONSIBILITY. 11. Cleaning Charges, Equipment is to be returned to Runyon as clean as when it left A charge of sixty-five dollars ($65.001 per hour will be charged for cleanup. 12. Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement without Customers consent, but will remain bound by al obligations herein,. Customer may no' sublease or loan the equipment without Runyon's written permission. Any purported assignment by Customer is void. 13.Time of Return. Customer's right to possession terminates on the expiration of the rental period ('Due n "date time) and retention of possession after this time constitutes a material breach of this Agreement. Trie is of the essence in this Agreement. Any extenson must be Mutuality agreed upon In writing. 14. Late Return. Title to equipment Is and small at all times remain with Runyon. Failure tg return the equipment by the "Due in" date will subject Customer to a charge of conversion (theft) 15,Time of Payment, Accounts are due and payable at the termination of the rental period. 16. Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement, Runyon may collect damages together with reasonable attorneys fees, court costs and interest of one and one half (1 !h) percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent. Customer agrees that this agreement is to be construed under the lases of the State of Indiana and that if legal action is brought to enforce this agreement that Hamilton County Indiana, shall be the jurisdiction and legal venue for said action, unless otherwise agreed by Runyon and Customer at a later time. 17. Waiver. Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter. 18, Damage Waiver. In consideration of the payment of additional rent classified as `damage waiver by Customer, Runyon agrees to, and hereby does, waive its right, or any right it might have against Customer, arising from normal damage of the rental p r operty normal damage to be determined by Runyon. Customer shall pay upon return of property rented a sum equal to 5% of rental charge. This "damage waiver' does not include damage or loss of the property as a result of the negligence of Customer or in the case of abusive damage. theft or other gross negligence of Customer. This damage waiver shall not apply to reckless careless or abusive operation or use of the equipment. use or operation of the equipment exceeding its rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or other causes inherent in the use of the equipment. It is understood the amount paid is not an insurance premium, and that this provision does not represent an insurance policy or an agreement to insure. No damage waiver license, sales or use taxes are included in Runyon's rental rates. They are extra. 19. Damaged. Dirty or Lost Equipment. Customer agrees to pay for any damage to or lass of the goods, regardless of cause, except reasonable wear and tea, while the goods are out of Runyon's possession. Equipment lost, stolen or damaged beyond repair will be paid for at its current list price plus the cost of rental up to the time of reporting the loss or theft to Runyon. The cost of repairs will be borne by Customer, whether performed by Runyon, or, at Runyon's option, by others, at a charge of sixt -five dollars ($65.00) per hour plus parts. 20. Severability. The provisions of this Agreement shall be severable so that the invalidity, unenforceability or waver of any of the provisions shall not affect the remaining provisions. 21. Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment, Customer agrees to assume the risk of and hold Runyon and /or its employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon. 22. Property Damage. Runyon is riot responsible for any damage whatsoever as a result of on- the -job deliveries or pick -up by Runyon. 23. Fees, Licenses, Permits,Taxes and Fines. Customer shall be solely responsible for payment of any fees, licenses, permits, taxes or fines, required by or resulting from the Customer's use or operation of the equipment. 24. Charges. Customer shall pay all charges required under this Agreement upon demand. Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer days and/or miles are actually used. 25. Other Liability. Customer assumes all risks from the improper use of the equipment. Customer is responsible for damages to Customer's property or goods in storage or in transit, or for any property left or stored in the equipment. or elsewhere in: the renting location. Customer agrees not to hold Runyon liable for damages from down time. materials or other consequential damages resulting from the use of the equipment. Customer releases and holds Runyon, its agents and employees harmless from and against any and all losses, liabilities, damages, injuries, claims, costs arid expenses arising out of Customer's use or possession of the equipment, including. but not limited to any and all fines, penalties and forfeitures imposed by any governmental entity, and, to the extent not covered by insurance, any claims or liabilities to third parties arising out of the abandonment, conversion, concealment or unauthorized sale of the equipment by Custorner or its agents or ermployees, or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a result of injury death or property damage arising out of Customer's use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent, servant or employee of Runyon for any reason or any purpose. During the term of this Agreement, Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction. 26. Delivery /Pick Up. Delivery is made to closest point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not include set up and knock down of tables and chairs. If this service is requi arrangements should be made several days prior to delivery with a special charge quoted. If no arrangements are made and this service S desired on delivery, our driver must call for authorization. If time permits, we will try to accommodate you after quoling the price. On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area, tables and chairs will be 'left until the next dad when a special crew car be scheduled. There will be an additional one day rental. A knock down fee will result if rental items are still up. 27.Waiver of Jury Trial. Each party .valves ;is right to a lury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof This waiver per; iris to ai! disputes that may relate to the subject mailer heeof. mcludino. without limitation, contract, fart, breach of duty and all other common law and statutory claims, and will not be subject to any exceptions. Each party (A.) understands that this is a waiver of important legai rights art; (B) acknowledges it hersha.l t has had a reasonable opportunity to discuss this waiver and its effects with legal counsel. Accordingly, each party knowingly, voluntarily, irrevocably and unconditionally ivai'rs its jury trial rights. 28,Tickets, Fines and Penalties. You agree to fully and promptly pay all fines, penalties parking tickets, traffic tickets, tolls, court ests, attorneys' fees and other charges assessed during the Term in connection with the use parting, storage; and: or possession of the Equipment, regardless of the identity of the driver of any vehicle You rent from Us. 29. Trailers and Towing. The customer is responsible for inspecting and maintaining the trailer coupling mechanism, safety chains, all tie downs, pins and lights in a safe and secure condition while in their possession. Customer agrees riot to tow any trailer rented from LESSOR'DEALER (a) in a careless or negligent ;manner, (b) at excessive speed or (c) while under the influence of medication, alcohol, or illicit drugs. 30. Headings. The headings used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement. ADDITIONALTERMS AND CONDITIONS FOR SALES All sales are also governed by the parties' Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent then the terms from the Equipment Purchase Agreement prevail. AS -IS NO WARRANTY: THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, NCLUDING WITHOUT LIMITATION, THE IMPLIED ,VARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER, REGARDLESS OF WHETHER SUCH DAMAGES ARISE jNDER THEORIES OF THE LAW OF CONTRACTS OR TORT. RETURN POLICY FOR PURCHASED ITEMS: The customer is liable for al shipping costs when returning or exchanging an item to Runyon, unless the product has been damaged during shipping. This policy also applies to warranty returns. As stated it Inc Runyon "Return Policy" wrher, customers return an item or items for credit, a 25% restocking fee will be charged to your account, plus all applicable inbound and outbound freight. This policy also applies to shipments refused and returned. All cancellations of whole coeds are subject to a 25`-z (of total invoiced order) cancellation fee on in stock items from Runyon locations ONL Return shipping of the product is not refundable. All pats purchases are non refundable. Any siiprnera aspired In conditions other than brand new will be charged 50 -b restocking fee of the total amount. All returns must be properly boxed before they are returned. Its the customer's responsibility to report any damagesahorages within 48 hours Or receiving me product. Runyon will not accept claims 48 hours after delivery. Runyon will not accept returns without authorization. Upon issuing a Merchandise Return:. Authorization (MRA), Runyon will Instruct customers as to the best means of retarrong merchandise. Runii MRA's are valid for 30 days after issuance. MRAs are, not valid after the 30 day time limit expires. Runyon will absolutely not, under any circumstances, :,sue an MR.A for returns on used or damaged products. Ary ^e IN related damage must be notes or the signed Bri of Laing AT THE TIME OF DELIVERY. The purchase price at time of sale is final. REPRESENTATIONS AND WARRANTIES: Seiler represents and warrants that (a) Sevier has all necessary right power and authority to enter into and perform, the transactions referenced herein; (b) Seller has good and makeiabse tife to the cquipmenC and (ci on the Transfer Date, Seller will convey the same to Buyer (save only for the purchase money lien, it any. to be retained by Seller should Sillier, at its sole option. elect to finance all or any portion of file Purchase Prige). SUyer epreseris and :varanu That: !ii Buyer has all necessary right power and authority to enter into and perform the transactions referenced herein; (ii) Buyer has selected and carefully irspe -led and examined the Equipment and found the sane to be acceptable to Buyer in all respects based on criteria established solely by Buyer and not based or any recommendation by Seller; and (iii) Buyer has received, carefully reviewed and is satisfied with, all available trairng, snstruclions, operating and user manuals, and other information iinciuding ail training required under applicable OSHA and %or ANSI Standards, if any) regarding the proper and safe transportation, use. maintenance, repair and storage of the Equipment. Prescribed by State Board of Accounts City -Form No. 201 (Rev 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show, kind of service, where performed, dates of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee 354867 RUNYON EQUIPMENT RENTAL Purchase Order No. 410 W CARMEL DRIVE Terms CARMEL, IN 46032 Due Date 12/13/2011 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 12/13/201 215159 $20.90 I hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6 Date Officer VOUCHER 113253 WARRANT ALLOWED 354867 IN SUM OF RUNYON EQUIPMENT RENTAL 410 W CARMEL DRIVE OPERATIO CARMEL, IN 46032 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code 215159 01- 6200 -06 $20.90 Voucher Total $20.90 Cost distribution ledger classification if claim paid under vehicle highway fund In consideration of the payment of additional rent classified as "damage waiver by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of AVA property rented a sum equal to 5% of rental charge. This 'damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee or In the case of abusive damage, theft or other gross negligence of the Rentee. This damage waiver shall not apply to recMess, careless or abusive operation or use of the Equipment, use or operation of the Equipment exceeding its rated capa*,, or damage to fires, tubes and wheels caused by blowout, bruises, cuts, punctures or EQUIPMENT {ZENTAL other causes inherent in the use of the Equipment. It is understood the amount paid is not an insurance premium, and that this provision does not represent an insurance 410 W. Carmel Drive Carmel, IN 46032 policy or an agreement to insure. Equipment that is stolen or damaged by Rentee will pay list for parts, labor or, If a total loss, will pay replacement cost of equipment The Rentee further acknowledges receipt of the aforementioned equipment and materials, or covenants to use said property in a careful and prudent manner and LARMEL F151 INDIANAPOLIS shall not loan, sublet, mortgage or in any manner dispose of same to any person without the written consent of the owner, and further agrees to return the equipment to Renter in substantially good condition as when received, natural wear and tear excepted. 317 566 8888 The parties agree that in the event the Rentee violates arty of the terms and conditions of this agreement, the Renter may coiled damages together with reasonable attorney fees, court costs and interest of one and one hat (11/2) percerrt per month added to accounts over ten (10) days old, reflectng an annual percentage rate of eighteen (18) percent. FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or damage resulting direct r indirect from the leased e quipment. The Renter expressly ims all warranties, either expressed or implied, including an implied "Don't be a tool Rent one" 9 9 ly o N P N disda P P 9 Y P warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other www.runyonrental.com incidental damages, even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease of this equipment. Open 7 Days a Week Monday Friday 7:00 am 5:30 pm Saturday 7:00 am 4:30 pm Sunday 9:00 am 3:00 pm RENTED TO JOB LOCATION TICKET I CARMEL UT ILITIES 206 JIM 765 610 -2402 760 3RD AVENUE SW, #110 10675 N GRAY RD Con# 211172 CARMEL IN 46032 CARMEL IN Loc 100 SSN PHONE DATE, TIME W (317) 571 -2267 OUT 10/27/11 8:00 API ISAF F (317) 571 -2265 ID #3 PO /JOB RECEIVED.BY W09604 PLANT 4 JIM R TURNED 11/03/11 8:00 AM *FINAL Page: 1 QTY ITEM# EXT AMT NET AMT MIN HOURLY OVNITE 8 -HOUR DAY .WEEK 4 WEEK 1 6872 -0001 THREADER PIPE 1224 1/8 -4 280.00 280.00 $70.00 /D 70.00 70.00 280,x0 "0 84D 00 r OFF r d RENT#_)76:5 1 078864161502 THREAD CUTTING OIL 1 GAL'` 22.99 22.99 22.99 !t N,, IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IN" DATE,YOU WILL BE SUBJECTM A CHARGE OF CONVERSION (MEFn. RENT 280. 0 0 Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED. Customer is liable for all damages 8 repairs that result from alternative,fuel. SALES 22 99 1 HAVE BEEN INSTRUCTED 8 DEMONSTRATED ON THE SAFE 8 PROPER OPERATION OF THE ABOVE EQUIPMENT AND I OTHER 0 00 FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY, AND THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON. I DW FEES 14 00 UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED BY RUNYON EQUIPMENT RENTAL. X cE 1'7 „j R Addl TAX 0.00 THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALES TAX 0 00 THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND ACKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING DEPOSIT 0 00 EQUIPMENT THAT IF MY EMPLOYMENT; ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGESTO PROPERTY AS A RESULT OF THE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 316. 99 RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED f TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR. AMT BILLED 316. 99 W EQUIPMENT X PRINT N fl f1 R E CELL LEASED BY PRINT PHr1NF 03- NOV -11 14:20:16 EQUIPMENT RETURNED BY X S IGNATURE RENTAL FEES DO NOT APPLY TO PURCHASES. WE CHARGE FOH TIME OUT NOT TIME Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALL TIRES, DUEL AND ELECTRIC CURRENT. will apply. X IMAL NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runvon Eauinment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals. TERMS AND CONDITIONS 1. Inspection. Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition, and that Customer understands its proper use. Customer further acknowledges its duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc (hereinafter "Runyon) of any defects. 2. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE. ORTHAT IT IS FREE FROM DEFECTS, 3. Indemnification. Customer agrees to assume the risks of, and hold Runyon harmless for. property damage and personal injuries, including death and dismemberment, caused by the equipment andior arising out of Runyon's negligence. Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities including attorney's fees which (1) relate to injury or to destruction of property, or bodily injury, illness, sickness, disease or death of any person.. (including employees of Customer), and (2) are caused by, or claimed to be caused, in whole or in part, by the equipment !eased herein or by the liability or conduct (including active, passive, or or secondary) of Customer, its agents or employees, or anyone for whose acts any of them may be liable. Customer shall, at its own cost or expense, defend Runyon against all suits or proceedings commenced by anyone in which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment, or any alleged act or omission by Runyon, and Customer shall be liable and responsible for all costs, expenses and attorney's fees incurred in such defense and /or settlement, judgment or other resolution. In the event that such action is commenced naming Runyon as a party, Runyon may elect to defend said action on its own behalf and Customer agrees that it shall be liable for all costs, expenses and attorney's fees incurred by Runyon in such defense. 4, Rental Charges and Terms. Equipment with hour meters is allowed eight (8) hours use within a 24 -hour period of time. Rental rates for equipment are based on usage during this eight (8) hour shift. If Customer runs the equipment for over 8 hours in one day. Customer will be charged for extra hours on equipment. One day is 24 hours or eight (8) hours running time. 6 hours running time in 24 hours a 2 -day charge. 24 hours running time In 24 hours a 3 -day charge. 5. Future Rentals. Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon., whether on the date of ;his Agreement or at any time in the future (except only as to any Equipment andior other items with respect to which Customer executes a new Agreement). 6. Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement: (a) Use for illegal purpose or in an illegal manner, (b) Use when the equipment is in bad repair or is unsafe: (c) Improper. unintended use or misuse; (d) Use by anyone other trial: Customer or its employees, without Runyon's written permission.,; (e) Use at any location other than the address furnished Runyon without Runyon's written permission. 7. Fuel and Oil Levels. All equipment's full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply. Also, use of alternative fuels (Biodesel, E85, etc.) in Runyon equipment is prohibited. Customer is liable for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when it is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer. 8. Repossession. Upon. a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the goods. 9.Tires. Customer is totally responsible for all fire repair. It is Customers option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted. 10. Insurance. Runyons insurance does not cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's properly and until it has been returned to Runyon's property and payment has been received. EQUIPMENT MAY ONLY BE RETURNED DURING NO:.RP.4Al. BUSINESS HOURS, ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NGRPAAL BUSINESS HOURS REMAINS THE CUSTOMERS RESPONSIBILITY. 11. Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left. A charge of sixty -five dollars (565.00) per hour will be chargec fcr ceanup. 12. Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement w ^tho-d Customer's consent, but will remain bound by all obligaf ons herein. Customer May riot sublease or loan the equipment without Runyon's written permission. Any purported assignment by Customer is void. 13.Time of Return, CUSigrne[ s right to possession terminates on the expiration of tree rental period ('Due In' cafe time) and retention of possession after this irrie constitutes a material ureacri of (his Agreement. Time is of the essence m this Agreement, Any extension must be mutually agreed upon in writing. 14. Late Return. Title to equipment is and shall at ail times remain with Runyon. Failure to return the equipment by the "Due In" date will subject Customer to a charge of conversion (theft). 15. Time of Payment. Accounts are due and payable at the termination of the rental period. 16. Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement, Runyon may collect damages together with reasonable attorney's fees, court costs and interest of one and one half (1 Yz) percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent. Customer agrees that this agreement is to be construed under the laws of the State of Indiana and that if legal action is brought to enforce this agreement, that Hamilton County, Indiana, shall be the jurisdiction and legal venue for said action, unless otherwise agreed by Runyon and Customer at a later time. 17. Waiver. Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter. 18. Damage Waiver. In consideration of the payment of additional rent classified as `damage waiver" by Customer, Runyon agrees to, and hereby does, waive its right, or any right it might have against Customer arising from normal damage of the rental property. normal damage to be determined by Runyon. Customer shall pay ppon return of property rented a sum equal to 5 of rental charge. This "damage waiver" does not include damage or loss of the property as a result of the negligence of Customer or in the case of abusive damage, theft or other gross negligence of Customer. This damage waiver shall not apply to reckless, careless or abusive operation or use of the equipment. use or operation of the equipment exceeding its rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or other causes inherent in the use of the equipment. It is understood the amount paid is not an insurance premium, and that this provision does not represent an insurer ;ca policy or an agreement to insure. No damage waiver license, sales or use taxes are included in Runyons rental rates. They are extra. 19. Damaged, Dirty, or Lost Equipment. Customer agrees to pay for any damage to or loss of the goods, regardless of cause, except reasonable wear and tear while the goods are out of Runyon's possession. Equipment lost, stolen or damaged beyond repair will be paid for at its current list price plus the cost of rental up to the time of reporting the loss or theft to Runyon. The cost of repairs will be borne by Customer, whether performed by Runyon, en., at Runyons op @gri by others, at a charge of sixty -five dollars ($65.00) per hour plus pats. 20. Severability. The provisions of this Agreement shall be severable so that the Invalidity. unenforceability or waiver of any of the provisions shall not affect the remaining provisions. 21. Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment, Customer agrees to assume the risk of and hold Runyon andior its employees harrrdess for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon. 22. Property Damage. Runyon is not responsible for any damage whatsoever as a result of on-the-job deliveries or pick -up by Runyon. 23. Fees. Licenses, Permits,Taxes and Fines. Customer shall be solely responsible for payment of any fees, licenses, permits, taxes or fines, required by or resulting from the Customer's use or operation of the equipment. 24. Charges. Customer shall pay all charges required under this Agreement upon demand. Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer days andior miles are actually used. 25. Other Liability. Customer assumes all risks from the improper use of the equipment. Customer is responsible for damages to Customers property or goods in storage or in transit, or for any property left or stored in the equipment, or elsewhere in the renting location. Customer agrees not to hold Runyon liable for damages from down time, materials or other consequential damages resulting from the use of the equipment. Customer releases and holds Runyon, its agents and employees harmless from and against any and all losses, liabilities, damages, injuries. claims, costs and expenses arising out of Customer's use or possession of the equipment, including, but not limited to any and all fines, penalties and forfeitures imposed by any governmental entity, and, to the extent not covered by insurance, any claims or liabilities to third parties arising out of the abandonment, conversion, concealment or unauthorized sale of the equipment by Customer. or its agents or employees, or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a result of injury, death or property damage arisina out of Customer's use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent, servant or employee of Runyon for any reason or any purpose. During the term of this Agreement. Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction. 26. Delivery /Pick Up. Delivery is made to closest point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not include set up and knock down of tables and chairs. If this service is required, arrangements should be made several days prior to delivery with a special charge quoted. If no arrangements arc made and this service is desired on delivery, our driver must call for authorization. if time permits, we will try to accommodate you after quoting the price. On pick up where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area, tables and chairs will be left unit the next day when a special crew can be scheduled. There will be an additional one day rental. A knock down fee w lll result if rental items are still up. 27. Waiver of JuryTrial. Each party waves its tight to a;cry lria! of any claim o• reuse of action based on or arsng out of ih s agreeniew or the sub;eci matter hereof. This wa r r penares disputes iha: may relate iko !Le siib a matte herew ncladrr r tho,i': mtaticn ccntmct_ tort breach of daty. and at other corritirion lava and statutory claims. and will rot be s :plea +c any excai. ;ions ach pa -,y !Ai 1 utderstaros if .l this is a .tic ver of egat r g and' (R) k w.eJges that helshein has had a reasonable opporomly to discuss this waiver and its effects .vilf legal counsel Accordingly, each party knowingly a lun :ariiy. irrevocably and unconditionally valves its jury It a! ny_hts. 28.T!ckets. Fines and Penalties. You agree to fully and promptly pay all fines, penalties, parking tickets. traffic tickets, tolls, court costs, attorneys fees and other charges assessed during the Term in connection with the use, parking. storage, and or possession of the Equipment, regardless of the identity of the driver of any vehicle You rent from Us. 29. Trailers and Towing. The customer is responsible for inspecting and maintaining the trailer coupling mechanism, safety chains, all tie downs, pins and lights in a safe and secure condition while in their possession. Customer agrees not o tow any trailer rented from LESSORiDEALER (a) in a careless or negligent manner, (b) at excessive speed or (c) while under the influence of medication, alcohol, or illicit drugs. 30. Headings. The headings used herein, are solely for convenient reference and shall not be used to construe or affect the interpretation of this .Agreement. ADDITIONALTERMS AND CONDITIONS FOR SALES All sales are also governed by the parties' Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously er:umeraled are inconsistent, then the terms from the Equipment Purchase Agreement prevail, AS -!S NO WARRANTY: THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE iMPLiED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. RUNYON EQUIPMENT RENTAL INC OR AFFILIATED COMPANIES WILL NOT BE LABLE OR RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER, REGARDLESS OF WHETHER SUCH DAMAGES ARISE UNDER THEORIES OFTHE LAW OF CONTRACTS OR TORT. RETURN POLICY FOR PURCHASED ITEMS: The customer is liable for all shipping costs when returning or exchanging an item to Runyon, unless the product has been damaged during Shipp rig.This policy also applies io wa «ant,i returns. As stated it the Runyon Return Policy" when customers return an item or items for credit, a 25% restocking fee will be charged to your account, plus all applicable inbound and outbound freight.Thls policy also applies to shipments reek set and relprned. All cancellations of whole goods are subject to a 259: (of total invoiced order) cancellation fee or, in stock items from Runyon locations ONLY. Return shipping of the product Is not refundable. All parts purchases are non refundable. Any shipmem received in conditions C her than brand new will be charged 50''. restocking fee of the total amount All returns must be properly boxed before they are returned. Its the customer's responsibility to report any dart}agesishortages within 48 hours of receiving the product. Runyon will not accept claims 48 hours after delivery. Runyon will not accept returns without authorization. Upon issuing a Merchandise Return Authorization (MRA) Runyon will instruct customers as to the best gams of eturnng merchandise. Runyon's MBA's are valid for 30 days after issuance, MRAs are not valid after the 30 day time limit expires. Runyon will absolutely not, under any circumstances, issue an MRA for returns on used or damaged products. Arty freight related damage must be tinted or, the signed Bill of Lading AT THETIME OF DELIVERYThe purchase price at time of sale is final. REPRESENTATIONS AND WARRANTIES: Seller represents and warrants that: (a) Seder has all necessary r',ght, power and authority to eater into and perform the transactons referenced 'herein: fb) Seiler has good and marketable rifle to the Egwphierit: and (c) on the Transfer Date, Seller will convey the same to Buyer (save only for t:: ^.e purchase money lien. if any, to be retained by Seller should Seller, at its sole option, elr-cl to finance all or any i?orue^ of trio Purchase Price?. coyer represents and warrants that: (i) Buyer has all necessary right, power and authority to enter into and perform the transactions referenced herein: (if) Buyer has selected and carefully inspected anc examined the Ecu.prnenf and found the same to be acceptable to Buyer in all *estiecis based on criteria established solely by Buyer and not based on any recommendation by Seller; and ;iii) Buyer has received, carefully reviewed and is satisfied with. all available training, instructrns, operating ar:.c use manuals. and other Inforri tiai (including air training required under applicable OSHA andior ANSI Standards. if arty) regarding the proper and safe franso rtat on, use, maintenance, repair and s orage of the Equipment. In consideration of the payment of additional rent classed as 'damage waiver by the Rentee, Renter agrees to, and hereby does wa si igHde `s fight, or any right it might O rq have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undershall pay upon return of Y —A— property rented a sum equal to 5% of rental charge. This 'damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee or In the case of abusive damage, theft or other gross negligence of the Rentee. This damage waiver shall not apply to reckess, careless or abusive operation or use of the Equipment, use or operation of the Equipment exceeding Its rated capacity, or damage to Gres, tubes and wheels caused by blowout, bruises, cuts, punctures or �QUIPM+✓NT P -ENtAL other causes inherent in the use of the Equipment. It is understood the amount paid is not an insurance premium, and that this provision does not represent an insurance 410 W. Carmel Drive Carmel, IN 46032 policy or an agreement to insure. Equipment that is stolen or damaged by Rentee will pay list for parts, labor or, If a total loss, will pay replacement cost of equipment. The Rentee further acknowledges receipt of the aforementioned equipment and materials, or covenants to use said property in a careful and prudent manner and CARMEL a FISHER5 INDIANAPOLIS shall not loan, sublet, mortgage or in any manner dispose of same to any person without the written consent of the owner, and further agrees to return the equipment to Renter in substantially good condition as when received, natural wear and tear excepted. 317 566 8888 The parties agree that in the event the Rentee violates any of the terns and conditions of this agreement, the Renter may collect damages together with reasonable attorney fees, court costs and interest of one and one half (11/2) percent per month added to accounts overten (10) days old reflecting an annual percentage rate of eighteen (18) percent. FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including any implied "Don't be a tool Rent one" warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other www, runyonrental Com incidental damages, even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease of this equipment. Open 7 Days a Week Monday Friday 7:00 am 5:30 pm Saturday 7:00 am 4:30 pm Sunday 9:00 am 3:00 pm RENTED TO JOB LOCATION TICKET CARMEL UTILITIES 206 760 3RD AVENUE SW, #110 Con# 214488 CARMEL IN 46032 Loc 100 SSN PHONE DATE TIME W (317) 571 -2267 OUT 11/30/11 2:07 PM WH F (317) 571 -2265 ID #3 PO /JOB RECEIVED BY BT- 1130 -11A AMADOU, DIALLO RETURNED 12/01/11 10:59 AM JRR *FINAL Page: 1 QTY ITEM -EXT AMT NET AMT MIN HOURLY OVNITE 8 -HOUR DAY WEEK 4 WEEK 1 2079 -0001 CONCRETE VIBRATOR Fi 35.00 35.00 $35. 00 /D 35.00 35.00 1410 10 4'20.00 r irv/ l A v R��Ta� >z�2tii Q0 V) RE C E IVE D tliT a+34+ an' PO T�It 301► to J' IFTHE EQUIPMENT IS NOT RETURNED BY "DUE IM' DATE YOU WILL BE SUBJECTM A CHARGE OF CONVERSION (rHEF f) Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED. RENT 35. 0 0 Customer is liable for all damages repairs that result from alternative fuel. SALES 0 00 I HAVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I FULLY UNDERSTAND THOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY, AND OTHER 0 00 THAT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON. I DW FEES 1 75 UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED BY RUNYON EQUIPMENT RENTAL. X SIGNAL u 4 Addl TAX 0 (y) THE UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALE TAX 0 0 THE TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND ACKNOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING DEPOSIT 0.00 EQUIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT RENTAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, A FEES, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGESTO PROPERTY AS A RESULT OF THE RENTAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 3 6 7 5 RENTAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR. AMT BILLED 36.75 EQUIPMENT P�C7INT ftIj►ME CELL LEASED BY X 1 �r111'1f IVf'9iVdr.,. PHONE 01- DEC -11 10:59:11 3ETURNED13Y X S I G NATU RL RENTAL FEES DO NOT APPLY TO PURCHASES. CH ARGE WE T NOT TI USED. Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALL TIRES, DUEL AND ELECTRIC CURRENT. will apply. X Ii 4!1 IAL NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions unless Runyon Equipment Rental has been notified. We charge a 5% Damage Waiver on all equipment rentals. TERMS AND CONDITIONS 1, Inspection. Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and it good condition, and that Customer understands its proper use. Customer further acknowledges its duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc (hereinafter Runyon') of any defects. 2. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS. EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE. ORTHAT IT IS FREE FROM DEFECTS. 3. Indemnification. Customer agrees to assume the risks of, and hold Runyon harmless for, property damage and personal injuries, including death and dismemberment, caused by the equipment and/or arising out of Runyon's negligence. Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities including attorney's fees which (1) relate to injury or to destruction of property. or bodily injury. illness, sickness, disease or death of any person (including employees of Customer), and (2) are caused by, or claimed to be caused, in whole or in part, by the equipment leased herein or by the liability or conduct (including active, passive, primary or secondary) of Customer, its agents or employees, or anyone 'or whose acts any of them may be liable. Customer shall, at its own cost or expense, defend Runyon against all suits or proceedings commenced by anyone n which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment, or any alleged act or omission by Runyon, and Customer shall be liable and responsible for all costs, expenses and attorney's fees incurred in such defense and/or settlement. judgment or other resolution. In the event that such action is commenced naming Runyon as a party, Runyon may elect to defend said action on its own behalf and Customer agrees that it shall be liable for all costs, expenses and attorneys fees incurred by Runyon in such defense. 4. Rental Charges and Terms. Equipment with hour maters is allowed eight (8) hours use within a 24 -hour period of t time. Rental rates for equipment are based on usage during this eight (8) hour shift, If Customer runs the equipment for over 8 hours if one day. Customer will be charged for extra hours on equipment. One day is 24 hours or eight (8) hours running time. 16 hours running time in 24 hours a 2 -day charge. 24 hours running time in 24 hours a 3 -day charge. 5. Future Rentals. Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon., whether on the date of this Agreement or at any time in the future (except only as to any Equipment and/or other items with respect to which Customer executes a new Agreement). 6. Prohibited Uses, Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement: (a) Use for illegal purpose or in an illegal manner, (b) Use when the equipment is in bad repair or is unsafe; (c) improper, unintended use or misuse: (d) Use by anyone other than Customer or its employees, without Runyon's written permission. (e) Use at any location other than the address furnished Runyon without Runyon's written permission. 7. Fuel and Oil Levels. All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply. Also, use of alternative fuels (Biodiesel, E85, etc.) in Runyon equipment is prohibited. Customer is able for all damages and repairs that result from alternative fuel, Runyon checks the oil level in the equipment when 1 is rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer. 8. Repossession. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, and Dealer and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the goods. 9.Tires. Customer Is totally responsible for all tire repair. It is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted. 10. Insurance, Runyon's insurance does riot cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyon's property and payment has been received. EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS RESPONSIBILITY. 11. Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left. A charge of sixty -five dollars fS65.00) per hour will be charged for cleanup. 12. Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement without Customers consent, but will remain bound by all obligations herein. Customer may not sublease or loan the equipment without Runyon s written permission. Any purported assignment by Customer is void. 13, Time of Return. Customer's right to possession terminates on the expiration of the rental period "Due In' date time) and retention of possession after this time constitutes a ;'"atonal breach of this ,agreement. Ti ^e is of me essence in this Agreement. Any extension mull be muholiv agreed upon in writing. 14. Late Return. Title to equipment is and shall at all times remain with Runyon. Failure to return the equipment by the "Due in date will subject Customer to a charge of conversion (theft). 15.Time of Payment. Accounts are due and payable at the termination of the rental period. 16. Violation of Agreement and Venue Costs. Customer agrees that in the event the Customer violates any of the terms and conditions of this agreement, Runyon may collect damages together with reasonable attorney's fees, court costs and interest of one and one half (1 z) percent per month added to accounts over ten (10) days old. reflecting an annual percentage rate of eighteen (18) percent. Customer agrees that this agreement is to be construed under the laws of the State of Indiana and that if legal action is brought to enforce this agreement, that Hamilton County, indiana, shall be the jurisdiction and legal venue for said action, unless otherwise agreed by Runyan. and Customer at a later time. 17. Waiver. Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter. 18. Damage Waiver. In consideration of the payment of additional rent classified as `damage waiver by Customer, Runyon agrees to, and hereby does, waive its right, or any right it might have against Customer, arising from normal damage of the rental property. normal damage to be determined by Runyon. Customer shall pay upon return of property rented a sum equal to 5% of rental charge. This damage waiver' does not include damage or loss of the property as a result of the negligence of Customer or in the case of abusive damage. theft or other gross negligence of Customer, This damage waiver shall not apply to reckless, careless or abusive operation or use of the equipment, use or operation of the equipment exceeding its rated capacity, or damage to fires, tubes and wheels caused by blowout, bruises, cuts, punctures or other causes inherent in the use of the equipment. It is understood the amount paid is not an insurance premium, and that this provision does not represent an Insurance policy or an agreement to insure. No damage waiver license, sales or use taxes are included in Runyon's rental rates. They are extra. 19. Damaged, Dirty, or Lost Equipment. Customer agrees to pay for any damage to or loss of the goods, regardless of cause, except reasonable wear and tear, while the goods are out of Runyon's possession. Equipment lost, stolen or damaged beyond repair will be paid for at its current list price plus the cost of rental up to the time of reporting the loss or theft to Runyon. The cost of repairs will be borne by Customer, whether performed by Runyon, or, at Runyons option, by others, at a charge of sixty-five dollars ($65.00) per hour plus parts. 20. Severability. The provisions of this Agreement shall be severable so that the invalidity unenforceability or waiver of any of the provisions shall not affect the remaining provisions. 21. Loading and Unloading Equipment, Customer is responsible for loading and unloading equipment If Runyon's employees assist in loading or unloading the equipment, Customer agrees to assume the risk of and hold Runyon and/or its employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon. 22. Property Damage, Runyon is not responsible for any damage whatsoever as a result of on- the -job deliveries or pick -up by Runyon. 23. Fees, Licenses, Permits, Taxes and Fines. Customer shall be solely responsible for payment of any fees, licenses, permits, taxes or fines.. required by or resulting from the Customer's use or operation or the equipment. 24. Charges, Customer shall pay all charges required under this Agreement upon demand. Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer days and/or miles are actually used. 25. Other Liability. Customer assumes all risks from the improper use of the equipment. Customer is responsible for damages to Customer's property or goods in storage or in transit. or for any property left or stored in the equipment, or elsewhere in the renting location. Customer agrees not to hold Runyon liable for damages from down time, materials or other consequential damages resulting from the use of the equipment. Customer releases and holds Runyon, its agents and employees harmless from and against any and all losses, liabilities, damages, injuries, claims, costs and expenses arising out of Customer's use or possession of the equipment, including, but not limited to any and all fines, penalties and forfeitures imposed by any governmental entity, and, to the extent not covered by insurance, any claims or liabilities to third parties arising out of the abandonment, conversion, concealment or unauthorized sale of the equipment by Customer, or its agents or employees. or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a result of injury, death or property damage arising out of Customer's use of the equipment. Neither Customer nor any other user of the equipment shall be deemed the agent, servant or employee of Runyon for any reason or any purpose. During the term of this Agreement, Customer assumes full responsibility for the equipment to the public and any regulatory body having jurisdiction. 26. Delivery /Pick Up. Delivery is made to closest point truck can park. Extra charges will result in deliveries to upstairs, elevator use or any point where extra time is involved. Our service does not include set up and knock down of tables and chairs. If this service is required, arrangements should be made several days priqr to del "very with a special charge quoted It no arrangements are made and this service is desired on delivery, our driver must call for authorization. It time permits, we will try to accommodate you after ctoting.the,price. On.pick lip Where no prior arrangements have been made and rental items are not knocked down and assembled in one sheltered area, tables and chairs will be left until the next day when a special crew can be scheduVC. There will'N xri additional one day rental. A knock down .tee. will result if rental items are still up. 27. Waiver of Jury Trial. Each party waives its right to a jury ;rill of any claim or cause of action based on or arising out of this agreement or the subject matter hereof. This waiver pertains to all disputes that may relate to the subject matter nereo± including w thout lir>`ffefior ccrii'ract :pit, breacd g` duty, a .ci all other common lave and statutory claims, and wil not be subject r arty exceptions, Face party (A) understands that th is a waver of n legal rights are (Bi ask io :w!edges :hat he/she. t has had a reasonable opportunity to d scups t!' s waiver and .is effects with legal counsel Accordirg y. each party k o:y ugly vo untartly. irrevocably and unconditionally waives is jury'.ra rights. 28.Tickets, Fines and Penalties,You agree to fully and promptly pay all fines, penalties, parking tickets, traffic tickets, tells, court costs, attorneys fees and other charges assessed during the Term in connection wish the use, parking, storage, and or possession of the Equipment regardle .yy gf,the.identity of )he'driverof any vehicle You rent from Us. 29,Trailers andTowing. The customer is responsible for inspecting and maintaining the trailer coupling mechanism, safety chains, all tie downs, pins and lights in a safe and secure condition while in their possession. Customer agrees not to tow any trailer rented from LE (a).in.a elpssa� negligent manner,lb) at excessive speed or (c) while under the influence of medication, alcohol, or illicit drugs. 30. Headings, The heaings used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement. ADDITIONALTERMS AND CONDITIONS FOR SALES All sales are also governed by the parties' Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent, then the terms Item the Equipment Purchase Agreement prevail. AS -IS NO WARRANTY: THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES,'NCLUDING. WITHOUT LIMITATION, THE IMPL!E WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. RUNYON EQUIPMENT RENTAL INC OR AFRLIATED COMPANIES WILL NOT BE L ASL_ OR RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SALE OF THIS EQUIPMENT TO CUSTOMER, REGARDLESS OF WHETHER SUCH DAMAGES AR ?Si UNDER THEORIES OF THE LAW OF CONTRACTS OR TORT. RETURN POLICY FOR PURCHASED ITEMS: The customer is liable for all shipping costs when returning or exchanging an item to Runyon, unless the produc has been d amaged dunog sh pang, This po icy also applies to warranty returns. ,A: stated in the Runyon 4 Retum Policy.' when customers return an item or items for credit, a 25% restocking fee will be charged to your account. plus all applicable inbound and outbound height. This policy aso applies to shipments refused and returner All cancellations of whole goods are subject to a 25% (of total invoiced order) cancellation fee on in stock items from Runyon locations ONLY. Return shipping of the product is not refundable.. Al] parts purchases are non refundable. Any shipmen received in conditions Gibe than brand new will be charged 50% restocking fee of the total amount. All returns must be properly boxed before they are returned. Its the customers asponsibility to report any damage.s'shortages within 48 hour of receiving the product. Runyon will not accept claims 48 hours after delivery. Runyon will not accept returns without authorization. Upon issuing a Merchandise Return Authorization (MRAI, Runyon will instruct customers as to the best means c returning merchandise. Runyon's MRA's are valid for 30 days after issuance, MBAs are not valid after the 30 day time limit expires. Runyon will absolutely not, under any circumstances, issue an MRA'Or returns on used or damaged products. An freight related damage i nisi be noted on the signed Bill of Lading Ar THE TIh1E OF DELIVERY The purchase price at time of sale is final. REPRESENTATIONS AND WARRANTIES: Seiler represents and warrants that: (a) Seller has all necessary right, power and authority to enter into and perform the Iransactions refere iced herein; (b) Seller has good and marketable title to if Equipment; and (c) on the Transfer Date. Seller will convey the same to Buyer (save only for the purchase money lien.. it any, to be retained by Seller should Seller, at its sole option, elect to finance all or ary porilonn of the Purchase Price). Buy represents and warrants that (i) Buyer has all necessary right. power and authority to enter into and perform the transactions referenced herein; (iii Buyer has selected and carefully inspected and examined the Equipment and tound the same to I acceptable to Buyer in all respects based on criteria established solely by Buyer and not based on any recommendation by Seller; and (iii) Buyer has received, carefully reviewed and is satisfied with. all available training, instructions, operating at user manual's, and other information: (including all training required under applicable OSHA andior ANSI Standards, it arty) regarding the proper and safe transportation, use. mairter:ance, repair and -forage of the Equipment. Prescribed by State Board of Accounts City Form No. 201 (Rev 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show, kind of service, where performed, dates of service rendered, by whom, rates per day, number of units, price per unit, etc. Payee 354867 RUNYON EQUIPMENT RENTAL Purchase Order No. 410 W CARMEL DRIVE Terms CARMEL, IN 46032 Due Date 12/13/2011 Invoice Invoice Description Date Number (or note attached invoice(s) or bill(s)) Amount 12/13/201' 214488 $36.75 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 Date 6ecer l VOUCHER 113228 WARRANT ALLOWED 354867 IN SUM OF RUNYON EQUIPMENT RENTAL 410 W CARMEL DRIVE CARMEL, IN 46032 Carmel Water Utility ON ACCOUNT OF APPROPRIATION FOR Board members PO INV ACCT AMOUNT Audit Trail Code 214488 07- 1052 -03 $36.75 3 c &.aq 0Al 3 ,5 3;1 Voucher Total 36.7 Cost distribution ledger classification if claim paid under vehicle highway fund In consideration of the payment of additional rent classed as 'damage waiver by the Rentee, Renter agrees to, and hereby does waive its right, or any right it might have against the Rentee, arising from normal damage of the rental property, normal damage to be determined by Renter. The undersigned shall pay upon return of I A.�A property rented a sum equal to 5% of rental charge. This 'damage waiver does not include damage or loss of the property as a result of the negligence of the Rentee or in the case of abusive damage, theft or other gross negligence of the Rentee. This damage waiver shall not apply to reckless, careless or abusive operation or use of the Equipment, use or operation of the Equipment exceeding its rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, at, punctures or 6QUIpMENT RENTAI other causes inherent in the use of the Equipment. It is understood the amount paid is not an insurance premium, and that this provision does not represent an insurance 410 W. Carmel Drive o Carmel IN 46032 policy or an agreement to insure. Equipment that is stolen or damaged by Rentee will pay list for parts, labor or, if a total loss, will pay replacement cost of equipment. The Rentee further acknowledges receipt of the aforementioned equipment and materials, or covenants to use said property In a careful and prudent manner and LAWF,L o FISHERS G INDIANAPOLIS shall not loan, sublet, mortgage or in any manner dispose of same to any person without the written consent of the owner, and further agrees to return the equipment to Renter in substantially good condition as when received, natural wear and tear excepted. 3 7 5 (56- 3030 The parties agree that in the event the Rentee violates any of the terms and conditions of this agreement, the Renter may collect damages together with reasonable attorney fees, court costs and interest of one and one half (11/2) percent per month added to accounts over ten (10) days old, reflecting an annual percentage rate of eighteen (18) percent FAX: 317- 566 -2990 The above equipment has been received by the undersigned for rental purposes only and it is understood that Renter shall be held responsible for any accident or damage resulting directly or indirectly from the leased equipment. The Renter expressly disclaims all warranties, either expressed or implied, including any implied Don't t be a Pool Rent one warranties of merchantability or fitness for a particular purpose, and neither assumes nor authorizes any other person to assume for it any liability connection with the use of this equipment. The Rentee agrees to indemnify Renter, from any claim, loss, damages to property, consequential damages, loss of income or any other www.runyonrental.com incidental damages, even those damages caused by the negligence of Rentee, together with attorney fees for defending any action brought as a result of the lease of this equipment. Open 7 Days ®Week Monday Friday 7:00 am 5:30 pm a Saturday 7:00 am 4:30 pm Sunday 9:00 am 3:00 pm RENTED TO JOB LOCATION TICKET CARMEL STREET DEPARTMENT 503 HILTI DRILLS 3400 WEST 131ST STREET Con# 215409 CARMEL IN 46074 Loc 100 SSN PHONE DATE TIME W (317) 733 -2001 'OUT 12/12/11 3:57 PM JRR F (317) 733 -2005 ID #3 PO /JOB RECEIVED. BY HILTI DRILLS BENTLEY, JAMES 12/12/11 3:58 PM JRR *FINAL Page: 1 QTY ITEM# EXT AMT NET AMT MIN HOURLY OVNITE 8 -HOUR DAY 4 WEEK 2 TE -7 HILTI TE -7 368 .52 737.04 737.04 Y 1 16556446 SHIPPING CHARGES 24.00 24.00 V" V i y r 1 THE EQUIPMENT IS NOT RETURNED BY "DUE IN" DATEYOU WILL BE SUBJECTTO A CHARGE OF CONVERSION (THEFT). RENT 0 0 0 Use of alternative fuels, (Biodiesel, E85, etc.) in Runyon Equipment Rental, equipment is PROHIBITED. SALES 761 .0 4 Customer is liable for all damages repairs that result from alternative.fuel. 1AVE BEEN INSTRUCTED DEMONSTRATED ON THE SAFE PROPER OPERATION OF THE ABOVE EQUIPMENT AND I OTHER 0 00 JULY UNDERSTANDTHOSE INSTRUCTIONS I ALSO UNDERSTAND THAT I AM THE PERSON RENTING THIS PROPERTY, AND 1AT RUNYON EQUIPMENT RENTAL DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY OTHER PERSON. I DW /FEES 0 00 JDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED Addl TA}{ 0 'RUNYON EQUIPMENT RENTAL. X SIGNAT E UNDERSIGNED, HAVING READ AND UNDERSTOOD THE ABOVE, HEREBY AGREES TO RENT THE ARTICLES NAMED ON SALES TAX 0 00 E TERMS AND CONDITIONS SET FORTH IN THIS RENTAL AGREEMENT. I HAVE READ THE ABOVE INFORMATION AND (NOWLEDGE THAT IT IS CORRECT, COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING DEPOSIT 0 0 0 IIPMENT THAT IF MY EMPLOYMENT, ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON EQUIPMENT JAL IMMEDIATELY. RUNYON EQUIPMENT RENTAL IS AUTHORIZED TO BILL MY CREDIT CARD FOR ANY AND ALL COSTS, :S, AND /OR INTEREST CHARGES ASSOCIATED WITH ANY CLAIM, LOSS, OR DAMAGES TO PROPERTY AS A RESULT OF THE JAL OF THIS EQUIPMENT. IF EQUIPMENT IS RETURNED DAMAGED, AND NOT DISCOVERED BY RUNYON EQUIPMENT TOTAL DUE 761 04 ITAL UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED THE BILL, RUNYON EQUIPMENT RENTAL IS AUTHORIZED 9UN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR. LABOR RATE CHARGED AT $85 AN HOUR. AMT BILLED 761 04 BY X PRINT NAME aHOn SEDB IE 12- DEC -11 15: 58 33 RNED X SIGNATURE RENTAL FEES DO NOT APPLY TO PURCHASES. WE CHARGE FOR TIME OUT NOT TIME Equipment is clean and full of fuel please return as such or additional charges YOU ARE RESPONSIBLE FOR ALL TIRES, VUEL AND ELECTRIC CURRENT. will apply. X INITIAL NO ADJUSTMENTS OR CREDITS will be made on equipment We charge a 5% Da mage Waiver on all equipme rentals. a�functtnns unlacc Runvnn Fnuwnment Rental has been notified. TERMS AND CONDITIONS 1. Inspection. Customer acknowledges that it has had an opportunity to personally inspect the equipment and finds it suitable for its needs and in good condition, and that Customer understands its proper use. Customer further acknowledges its duty to inspect the equipment prior to use and notify Runyon Equipment Rental Inc (hereinafter "Runyon of any defects. 2. WARRANTIES. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTYTHATTHE EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE. ORTHAT IT IS FREE FROM DEFECTS. 3, Indemnification. Customer agrees to assume the risks of, and hold Runyon harmless for, property damage and personal injuries, including death and dismemberment, caused by the equipment and/or arising out of Runyon's negligence. Customer shall indemnify and defend Runyon against and hold Runyon harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages and liabilities including attorney's fees which (1) relate to injury or to destruction of, property, or bodily injury, illness, sickness, disease or death of any person (including employees of Customer), and (2) are caused by, or claimed to be caused, in whole or in part, by the equipment leased herein or by the liability or conduct (including active, passive primary or secondary) of Customer, its agents or employees, or anyone for whose acts any of them may be liable. Customer shall, at its own cost or expense, defend Runyon against all suits or proceedings commenced by anyone in which Runyon is a named party for which Runyon is alleged to be liable or responsible as a result of or arising out of the equipment, or any alleged act or omission by Runyon, and Customer shall be liable and responsible for all costs, expenses and attorney's fees incurred in such defense and /or settlement, judgment or other resolution. In the event that such action is commenced naming Runyon as a party, Runyon may elect to defend said action on its own behalf and Customer agrees that it shall be liable for all costs, expenses and attorney's fees incurred by Runyon in such defense. 4. Rental Charges and Terms. Equipment with hour meters is allowed eight (8) hours use within a 24 -hour period of time. Rental rates for equipment are based on usage during this eight (8) hour shit. If Customer runs the equipment for over 8 hours in one day. Customer will be charged for extra hours on equipment. One day is 24 hours or eight (e) hours running time. 16 hours running time in 24 hours a 2 -day charge. 24 hours running time in 24 hours a 3 -day charge. 5. Future Rentals. Customer acknowledges that the terms of this Agreement will be deemed to apply to all Equipment Customer may rent or purchase from Runyon., whether on the date of this Agreement or at any time in the future (except only as to any Equipment and/or other items with respect to which Customer executes a new Agreement). 6. Prohibited Uses. Use of the equipment in the following circumstances is prohibited and constitutes a breach of this Agreement: (a) Use for illegal purpose dr in an illegal manner, (b) Use when the equipment is in bad repair or is unsafe: (c) Improper, unintended use or misuse: (d) Use by anyone other than Customer or its employees, without Runyon's written permission, (e) Use at any location other than the address furnished Runyon without Runyon's written permission. 7. Fuel and Oil Levels. All equipment is full of fuel when rented to Customer and must be returned to Runyon full or additional charges will apply. Also, use of alternative fuels (Siodiesel, ESS, etc.) in Runyon equipment is probibiled. Customer is liable for all damages and repairs that result from alternative fuel. Runyon checks the oil level in the equipment when "i's rented to Customer. Maintenance of proper oil level in the equipment is solely the responsibility of Customer. 8. Repossession. Upon a failure to pay rent or other breach of this contract, Dealer may terminate this contract and take possession of and remove the goods from wherever they are, arid Dealer and his agents shall not be liable for any claims for damage or trespass arising out of the removal of the goods. 9. Tires. Customer is totally responsible for all tire repair. It is Customer's option to check over the tires before the equipment leaves and notify Runyon of any irregularities spotted. 10. Insurance. Runyon's insurance does not cover equipment while in Customer's possession. Customer is responsible for insuring the equipment once it leaves Runyon's property and until it has been returned to Runyon's property and payment has been received. EQUIPMENT MAY ONLY BE RETURNED DURING NORMAL BUSINESS HOURS, ANY EQUIPMENT LEFT AT RUNYON'S LOCATION OT HER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS RESPONSIBILITY. 11. Cleaning Charges. Equipment is to be returned to Runyon as clean as when it left. A charge of sixty -five dollars (565.00) per hour will be charged for cleanup. 12. Assignments, Subleases and Loans of Equipment. Runyon may assign its rights under this Agreement without Customer's consent, but will remain bound by all obligations herein. Customer may not sublease or loan the equipment without Runyon's written permission. Any purported assignment by Customer is void. 13. Time of Return. Customer's right TO possession terminates on the expiration of the rental period {'"Due ln' date tiree) and retention of possession after this time constitutes a material breach of this Agreement. Time is of the essence in this Agreement. Any extension must be. mutually agreed upon in writing. 14, Late Return. Title to equipment is and shall a. of times initial It Runyon Failure t o return :he equipment t ,;y the "DuP in` dale will subject Customer to a charge of cci 1 (tuefl). 15,Time of Payment. Accounts are due and payable at Tile termination of the rental period. 16. Violation of Agreement and Venue Costs. Customer agrees that in, the event the Customer violates any of the terms and conditions of this agreement, Runyon may collect damages together with reasonable attorney's fees, court costs and merest of one and one half (1 '.'i. percent per month added to accounts over ten i,10) days old, reflecting an annual percentage rate of eighteen (18) percent. Customer agrees that this agreement is to be construed under the laws of the State of Indiana and that if legal action is brought to enforce this agreement, that Hamilton County, Indiana, shall be the jurisdiction and legal venue for said action, unless otherwise agreed by Runyon and Customer at a later time. 17. Waiver. Any failure by either party to enforce any provision of this Agreement shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter. 18. Damage Waiver. In consideration of the payment of additional rent classified as `damage waiver" by Customer, Runyon agrees to, and hereby does, waive its right, or any right it might have against Customer, arising from normal damage of the rental property, normal damage to be determined by Runyon. Customer shall pay upon return of property rented a sum equal to 5% of rental charge. This'damage waiver" does not include damage or loss of the property as a result of the negligence of Customer or in the case of abusive damage, theft or other gross negligence of Customer. This damage waiver shall not apply to reckless. careless or abusive operation or use of the equipment, use or operation of the equipment exceeding its rated capacity, or damage to tires, tubes and wheels caused by blowout, bruises, cuts, punctures or other causes inherent in the use of the equipment. It is understood the amount paid is not an insurance premium, and that this provision does not represent an insurance policy or an agreement to insure. No damage waiver license, sales or use taxes are included in Runyon's rental rates. They are extra. 19. Damaged, Dirty, or Lost Equipment. Customer agrees to pay for any damage to or loss of the goods, regardless of cause, except reasonable wear and tear, while the goods are out of Runyon's possession. Equiprnent lost, stolen or damaged beyond repair will be paid fps at its current list price plus the cost cf rental up to the time of reporting the loss or theft to Runyon. The cost of repairs will be borne by Customer, whether performed by Runyon. or, at Runyon's option, by ethers, at a charge of sixty-five dollars (S65.00) per hour plus parts. 20. Severabilfty. The provisions of this Agreement shall be severable so that the invalidity, unehforceability or waiver of any of the provisions shall not affect the remaining provisions. 21. Loading and Unloading Equipment. Customer is responsible for loading and unloading equipment. If Runyon's employees assist in loading or unloading the equipment, Customer agrees to assume ffe risk of and hold Runyon al d;or its employees harmless for any property damage or personal injuries, including damage and personal injuries attributable to the negligence of Runyon. 22. Property Damage. Runyon is not responsible for any damage whatsoever as a result of on-the-job deliveries or pick -up by Runyon, 23. Fees. Licenses, Permits,Taxes and Fines, Customer shall be soleiy responsible for payment of any fees, licenses permits, taxes or fines, required by or resulting from the Customer's use or operation of the equipment. 24. Charges. Customer shall pay all charges required under this Agreement upon demand. Customer agrees that mileage and time charges are minimum charges only and that no refund or reimbursement is due Customer in the event that fewer days and/or miles are actually used. 25. Other Liability. Customer assumes all risks from the improper use of the equipment. Customer is responsible for damages to Customers property or goods in storage or in transit, or for any property left or stored in the equipment, or elsewhere in the renting location. Customer agrees not to hold Runyon liable for damages from down lime, materials or other consequential damages resulting from the use of the equipment. Customer releases and holds Runyon. its agents and employees harmless from and against any and all losses, liabilities, damages, injuries. claims.. costs and expenses arising out of Customer's use or possession of the equipment.. including, but not limited in any and all fines, penalties and forfeitures imposed by any governmental entity, arid, to the extent not covered by insurance, any claims or liabilities to third parties arising out of the abandonment, conversion.. concealment or unauthorized sale of the equipment by Customer, or its agents or employees. or for the confiscation of the equipment by any governmental authority because of illegal or improper use. Customer shall additionally hold Runyon harmless for all loss, liability and expense in excess of the limits of liability provided for herein as a result of injury, death or property damage arising out of Customer's use of The equipment. Neither Customer nor any other user of the equipment shall be deemed the agent. servant or employee of Runyon for any reason, or any purpose. During the term of 'his Agreement, Customer assumes full responsibility for the equipment to the public and any regu atory body having jurisdiction. 26. Delivery,Pick Up. Delivery c mane in closes point uucK caut cork„ Exta charges will resull in defiv to u,:s airs, e e.a'm us or r,y point wi,cie rxf a ,o ,c .our s; ✓ico c.... not ;:9u c, s ano ,n3c..k dovm of t.,;._s a ru it this service is required, arrangements should be ^ado several days prior to de, very r: th a special charge quoted If no arrangon ents are made and its o;rv. e Is d s red ,n delivery, our driver must call fx author za :!on It e p;rmds ,r try to accommodate you after quoting the price. On pick up where no prior arrangements have been made and rental Items are net knocked down and assembled in one sheltered area. tables and chairs will be left until the next day ,vhen a spec.a crew can be scheduled. There will be an additional one day rental. A knock down fee will result it rental items are still up. 27. Waiver of JuryTrial. Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this agreement or the subject matter hereof. This waiver pertains 4 L0 all disputes the; may relate to the subject matter hereof including, without limitation, contract, tort, breach of duty, and all other common law and statutory claims, and will not be subject to any exceptions. Each party (A) understands that this is a waiver of in, portent legal rights and (B) acknowledges the hashe!it has had a reasonable opportunity to discuss this waiver and its effects with legal counsel. Accordingly, each party knowingly, voluntarily irrevocably and unconditiunally waives its Jury Vial rights. 28.Tickets. Fines and Penalties. You agree to fully and promptly pay all fines, penalties, parking tickets, traffic tickets. Tolls, court costs, attorneys' fees and other charges assessed during the Term in connection with the use, parking storage, an, or possession of the Equipment, regardless of the identity of the driver of any vehicle You rent front Us. 29. Trailers and Towing. The customer is responsible for inspecting and maintaining the trailer coupling mechanism, safety chains, all tie downs, pins and lights in a sate and secure condition while in their possession. Customer agrees not tO tc any trailer rented from LESSORrDEALER (a) in a careless or negliq_ent manner, (b) at excessive speed or (c) while under the influence of medication alcohol or illicit drugs. 30. Headings. The headings used herein are solely for convenient reference and shall not be used to construe or affect the interpretation of this Agreement. ADDITIONAL TERMS AND CONDITIONS FOR SALES All sales are also governed by the parties` Equipment Purchase Agreement. If the Equipment Purchase and the Terms and Conditions previously enumerated are inconsistent, then the terms from The Equipment Purchase Agreement prerail AS -IS NO WARRANTY: THE WARRANTY IS THE SOLE AND EXCLUSIVE WARRANT;' APPLICABLE TO THE EQUIPMENT AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES. iNCLUDiNG, WITHOUT LIMITATION, THE IMPL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSES, ARE EXCLUDED FROM THE SALE OF THIS EQUIPMENT. RUNYON EQUIPMENT REPr ?AL INC OR AFFI!JATED CO'd ?ANTES WILL NOT BE LiA OR RESPONSIBLE FOR ANY S PECIAL. INCIDENTAL OR CONSEQUENTIAL DAMAG ARISING OUT OF OR REl A'Efi TO THE SALE OF IS TG OUST P,9E REGARDLESS OF WHETHER SUCH ;)AhAAGES AF UNDER THEORIES OF THE LAVd OF CONI RAC S OR TORT RETURN POLICY FOR PURCHASED ITEMS: The custrinter stable for all shipping costs when returnng or exchanging ar item to Runyon. unless the product has been damaged Ourin, shilipping. This policy a sc applies to warranty .eTUra stated h the Runyon "Return Policv" when customers return an item or dens for codif a 2 restocking tee will be charged to Your account, oils ail applicable inbound and outbound. f.,-'ght his oolicyaleu applies to shipments r fus6d and re:u All cancellations of whole goods are subject to a 25`� (Of total avoided Order) canwiaton fee oil in stock items from Runyon lecations ONLY, Return shipping of [he product is of !9itindab Ail parts purchases are non refundab .e. Any shic received in conditions other than brand new will be charged 50 ro restocking tee of 'lie total amount. All returns must be properly boxed before they are returned. Its the customer's responslbrity To report any daaliagcsisho,rlaces within 48 1 of receiving the product Runyon will not accept claims 48 hours after delivery. Runyon will not accept returns wrlicul authorization. Upon issuing a Merchandise Return Authorization (MRAI, Runyon will instruct customers as in the best mee returning merchandise. Runyon's MRA's are valid for 30 days after issuance, MRAs are not valid after the 30 day time limit expires. Runyon will absolutely not under any circumstances, issue an MRA for returns on used or damaged product freight related damage must be noted on the signed Bill of Lading AT THE TIME OF DELIVERY. The purchase price at time of sale is final. REPRESENTATIONS AND WARRANTIES: Seiler represents and :varrants that fa) Seller has all necessary right, power and authority to enter into and perform the transactions referenced herein: fbi Seller has good and rrarketab e h'%= Equipment and (c; or the Transfer Date, Sel er will convey t he same is Buyer isave only for the purchase money lien, if art, to be retained by Setter should Selle_. at its solo option, elect to finance all or any oorion of the P.irchas- P eprese :s and warrants tar l} Buyer has all necasary right „ewer am 'ulhor tl to enter into a d Lorton tt e ansact,.n_ efer aced here�n' u I Buyer has sele� :ed a id careiull r spected and examen d the Er, e l and fou sam acceptable TO Buyer in a I itesplects based it rI is s, apt she o ly by E uyer and .;t based on any recommendation pv Seller and t Bu-y has roceivedf, carefully ievie -eu and satisfied w.0111. all ava able t u .g, qs*:ruc .,der user manuals, and ,t er irifo",eCon fincludinu al; ,raining recur red under applicable OSHA andor "'.NS. Standards if acv) regarding the proper aria safe raise c use, sunder. •eaair and silo aMe n' id E yuir,ment. Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 12/12/11 215409 $761.04 I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5- 11- 10 -1.6 20 Clerk- Treasurer VOUCHER NO. WARRANT NO. ALLOWED 20 Runyon Equipment Rental IN SUM OF 410 W. Carmel Drive Carmel, IN 46032 $761.04 ON ACCOUNT OF APPROPRIATION FOR Carmel Street Department PO# Dept. INVOICE NO. ACCT /TITLE AMOUNT Board Members 2201 215409 42- 380.00 $761.04 1 hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the materials or services itemized thereon for which charge is made were ordered and received except i /Thursday, December 15, 2011 .r :v eet&9mm iss toner t i I! i IIJJt`JI Il:l Title Cost distribution ledger classification if claim paid motor vehicle highway fund