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207289 03/14/2012 CITY OF CARMEL, INDIANA VENDOR: 360202 Page 1 of 1 ONE CIVIC SQUARE 982 PRAXAIR DISTRIBUTION INC CHECK AMOUNT: $406.54 CARMEL, INDIANA 46032 DEPT CH 10660 PALATINE IL 60055 -0660 CHECK NUMBER: 207289 CHECK DATE: 3/14/2012 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 1120 4231100 42062752 82.87 BOTTLED GAS 1120 4231100 42156526 113.17 BOTTLED GAS 1120 4231100 42253464 99.93 BOTTLED GAS 1120 4231100 42253474 110.57 BOTTLED GAS INVOICE <ACCOUNT: tNV010E NUMBER :i 03/02/12 LM332 42253464 To Place Orders call Sales Dept. at: (317) 481 -4550 *PAYMENT DUE BY: 03/12/2012 P E M 982 PRAXAIR DISTRIBUTION INC 2,89_,/,12194 T DEPT CH 10660 T PALATINE IL 60055 -0660 CITY OF CARMEL FIRE *MMS* (800) 266 -4369 B 2 CIVIC SQUARE CARMEL IN 46032 -7543 S CITY OF CARMEL FIRE *MMS* T P 2 CIVIC SQUARE D CARMEL IN 46032 0 PO R ORDER p ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE TIM 9573805 -00 2/29 982 704 962 62 OUR TRUCK SR NET 10 1 QUANTVT: UAMTITY ITEM Ni1MSER ifEM 4ESCRIATiDN UNIT tN1T pRtCE: p�1/��UN SNiPPE6:: BtD SNtPCED ;RErD:: RE LEASE TIM FAGIN 4073747 LOCATION: 982 OX M -M 3 0 OXYGEN USP M L 19. 66 58.98 3 VOL:-372 Lot: 0982204 O1 Qty: 1 Lot: 0982206101 Qty: 2 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 8.95 8.95 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 10.00 10.00 Subt 77.93 TOTAL CYLINDERS SHIPPED: 3 RETURNED: 3 Pay your bills by credit card! Del Charge 22.00 __Call_ 1=800:---266-4369 to start. Tax .00 TAXABLE AMOUNT 1^1 J 1rc ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE II V V OA�.i CHARGE OF $1.00 OR A FINANCE CHARGE OF 1.5% PER MONTH (IB% ANNUAL RATE) OF THE prt OUTSTANDING BALANCE. WHICHEVER IS GREATER. 00 OuN 99 .93 TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings. unless expressly stipulated on this invoice. WARRANTIES- DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents, and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment. Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty, strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires the user to be licensed. Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or equipment for any cause, Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written consent of Seller, to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within the county, as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of such leasing. In the event of the insolvency or bankruptcy of the Customer, or in the event the Customer violates any of the terms hereof, or fails to return the cylinders and /or equipment or in the event the cylinders and /or equipment are levied upon by any legal process. such lease shall. without notice, irnme:,a:<;y terminate and all rights of the Customer to possession of the cylinders and /or equipment shall immediately terminate. Seller may repossess the same or any part thereof with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary. caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's fees and court costs. NOTICE OF NON WAIVER: The failure by the Seller, at any one or more time, to insist upon the strict performance by the Customer of the covenants. conditions and /or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand, be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE. CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and reyultaions eunc riing hazardous materials: charges for handling, delivery and shipping; and /or charges for energy or Biel None of the charges rpprPSant a tax n r tee paid to or imposed by any governmental authority. and all of the charges are retained by Seller. DISCLOSURE STATEMENT In compliance with the Federal Truth -In Lending Act, if applicable, Buyer may be charged any amount approved by Seller's credit department, subject to the following conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. INVOICE oA� ,NUQ4CE ivUN1BEFt 03/02/12 NY127 42253474 To Place Orders call Sales Dept. at: (317) 481 -4550 *PAYMENT DUE BY: 03/12/2012 R E 982- PRAXAIR DISTRIBUTION INC 2197_1i1:2202 T DEPT CH 10660 PALATINE IL 60055 -0660 CITY OF CARMEL FIRE *MS* (800) 266 -4369 B 2 CIVIC SQUARE CARMEL IN 46032 -7543 S CITY OF CARMEL FIRE *MS* L 540 W 136TH ST P STATION 46 0 CARMEL IN 46033 PO N ORDER p ORDER DATE BRANCH SI-s TERR SHIP VIA TERMS PAGE TIM 9574103 -00 2/29 982 704 962 OUR TRUCK SR NET 10 1 OUANTLT.. UANTITY CYLIN DERS IFEM;:NUM6fR iFEM QE3CftIP1fON L1NtT lJN1T QRtCE AfFA�UNT SHiPPEO; 8!0 BHSPPEO RET'D: RE LEASE TIM FAGIN 4073747 LOCATION: 982 OX M -ADN 0 OXYGEN USP AD (COC ONLY) CL 6.06. 30.30 5 1, VOL: 75 Lot: 0982205 22 Qty: 5 OX M -M 2 0 OXYGEN USP M CL 19.66 39.32 2 2 VOL: 248 Lot: 0982204 01 Qty: 1 Lot: 0982206 01 Qty: 1 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 8.95 8.95 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 10.00 10.00 Subtotal 88.57 TO TAL CYLINDERS SHIPPED: 7 RETURNED: 19 Pay your bills by credit card! Del Char e 22.00 Call. -1 -800- 266 -436 to start. Tax .00 ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE TAXABLE AMOUNT CHARGE OF SI.00 OR A FINANCE CHARGE OF 1.5% I'� :0 PER MONTH (18% ANNUAL RATE) OF THE OUTSTANDING BALANCE, WHICHEVER IS GREATER. 0 0 AVIQUNT......:; 110.5 7 TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES- DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence. warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents. and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty, strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires the user to be licensed. Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or equipment for any cause, Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written consent of Seller, to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within the county, as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of such leasing. In the event of the insolvency or bankruptcy of the Customer, or in the event the Customer violates any of the terms hereof. or fails to return the cylinders and/or equipment or in the event the cylinders and/or equipment are levied upon by any legal process. such lease shall without notice, mmematc terminate and all rights of the Customer to possession of the cylinders and /or equipment shall immediately terminate. Seller may repossess the same or any part thereof with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's fees and court costs. NOTICE OF NON WAIVER: The failure by the Seller, at any one or more time, to insist upon the strict performance by the Customer of the covenants. conditions and /or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE, CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materals. charges for handling, dcliveiy and shipping; and/or charge:: for energy or fuel Ncne of the charges represent a tax or fee paid to or imposed by any governmental authority, and all of the charges are retained by Seller DISCLOSURE STATEMENT In compliance with the Federal Truth -In Lending Act, if applicable, Buyer may be charged any amount approved by Seller's credit department. subject to the following conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF $1.00 ON THE BALANCE DUE. INVOICE pAtf:Zr AGCOUNT�� ;i1NVD7CE NUMBER ii 02/21/12 NY127 42156526 To Place Orders call Sales Dept. at: (317) 481 -4550 *PAYMENT DUE BY: 03/02/2012 R E 982- PRAXAIR DISTRIBUTION INC 1827 1/1:1831 T DEPT CH 10660 PALATINE IL 60055 -0660 CITY OF CARMEL FIRE *MS* (800) 266 -4369 2 CIVIC SQUARE CARMEL IN 46032 -7543 S CITY OF CARMEL FIRE *MS* 540 W 136TH ST STATION 46 o CARMEL IN 46033 PO R ORDER ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE 9432414-0Q02/16 982 704 962 OUR TRUCK BGS NET 10 1 ;.:C4tINDEq$ DUANT/T UANTITY.: ITEM ..NUMBER iFEM �ESCFCN?TIDN liN27 :uNit V!?tCE AMOUI1fT SNiP.PEQ 020 SHfPPEO :RET'O LOCATION: 982 OX M -ADN 12 0 OXYGEN USP AD (COC ONLY) CL 6.06 72.72 12 C VOL: 180 Lot: 0982204 21 Qty: 12 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 8.45 8.45 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 10.00 10.00 Subtotal 91.17 TO TAL CY IN ER SHIPPED: 12 RETURNEE: 0 Pay your bills by credit c rd! Del Char e 22.00 Call 1-800-266-4369 to sta T x .00 TAXABLE AMOUNT t1 V V OIL ACCOUNTS PAST DUE WILL BE CHARGED A SERVICE CHARGE OF 51.00 OR A FINANCE CHARGE OF 1.5% PER MONTH (10% ANNUAL RATE) OF THE OUTSTANDING BALANCE, WHICHEVER IS GREATER. 00 ANI�.UNT. 113.17 TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES DISCLAIMER: Seller warrants all cylinders. equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment, product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event, title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents. and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders. and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect, incidental or consequential damages, whether arising from negligence, warranty, strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. It the law requires the user to be licensed. Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or equipment for any cause, Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written consent of Seller, to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place. within the county. as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of such leasing. In the event of the insolvency or bankruptcy of the Customer, or in the event the Customer violates any of the terms hereof, or fails to return the cylinders andlor equpment or in the event the cylinders and;or equipment are levied upon by any legal process. such lease shall. without notice. immediately terminate and all rights of the Customer to possession of the cylinders and /or equipment shall immediately terminate. Seller may repossess the same or any part thereof with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer's property and remove impediments and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder. said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals. merchandise, product and damages due hereunder, and for reasonable attorney's fees and court costs. NOTICE OF NON WAIVER: The failure by the Seller, at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement. shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and /or terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise. product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders: reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance, loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS INVOICE IS CORRECT AT THE CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE. CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges. includingi charges for the handling of hazardous materials and for compliance with laws and regulations concemmg hazardous m«tenals, charges for handling, dclivery and shipping; andror charges for energy or fuel None of the charges represent a tax or fee paid to or imposed by any governmental authority. and all of the charges are retained by Seller DISCLOSURE STATEMENT In compliance with the Federal Truth -In Lending Act, if applicable, Buyer may be charged any amount approved by Seller's credit department, subject to the following conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1.5% PER MONTH (ANNUAL PERCENTAGE RATE OF 18 OR A MINIMUM OF S1.00 ON THE BALANCE DUE. INVOICE :..�ATf ACCOUNT: :i:. 1NVQICE NUMBS# To Place Orders call Sales 02/17/12 NY127 42062752 Dept. at: 317 481 -4550 *PAYMENT DUE BY: 02/27/2012 R E 982- PRAXAIR DISTRIBUTION INC 33188 1/1:33255 T DEPT CH 10660 PALATINE IL 60055 -0660 CITY OF CARMEL FIRE *MS* (800) 266 -4369 2 CIVIC SQUARE CARMEL IN 46032 -7543 H CITY OF CARMEL FIRE *MS* 540 W 136TH ST T P STATION 46 o CARMEL IN 46033 PO k ORDER ORDER DATE BRANCH SLS TERR SHIP VIA TERMS PAGE 9424274 -00 2/15 982 704 962 OUR TRUCK BGS NET 10 1 ITEM NiJMBER ;i sHmPEO eiD, SHIPPED REr.D: iF£M bE$LIYIATiDN UN17 lJN1T PF?IGE /aMC3111117 X. LOCATION: 982 OX M -ADN 0 OXYGEN USP AD (COC ONLY) CL 6.06 42.42 1 VOL: 105 Lot: 0982204 21 Qty: 7 ZZZHM 1 0 HAZARDOUS MATERIAL CHARGEEA 8.45 8.45 MSCFC 1 0 ENERGY AND FUEL CHARGE EA 10.00 10.00 Subt 60.87 TOTAL CYLINDERS SHIPPED: 7 RETURNED: 17 Pay your bills by red't c rd! Del Charge 22.00 Call 1- 800 266 -436 to sta T x _.00_ ACCOUNTS PAST DUE WILL BE CHARGED A SERVILE TAXABLE AMOUNT CHARGE OF $1.00 OR A FINANCE CHARGE OF 1.5'/. .:;.;EI1€VO1.GE:<.;;;;::.;: PER MONTH (1R% ANNUAL RATE) OF THE 7 OUTSTANDING BALANCE, WHICHEVER IS GREATER. 00 V: 1:.:.,�:,.,.:, TERMS CONDITIONS These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated on this invoice. WARRANTIES- DISCLAIMER: Seller warrants all cylinders, equipment, product or merchandise delivered herewith will meet their manufacturer's standard specifications. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS TRANSACTION. No claim of any kind with respect to all cylinders, equipment. product or merchandise delivered, whether based on contract, negligence, warranty, strict liability or otherwise, shall be greater than the price paid for such item in respect to which such claim is made. LIABILITY: Customer understands and agrees that title to cylinders and equipment remains with the Seller, except in the case of a sale of cylinders, or equipment. In such event. title shall pass to Customer when invoices rendered covering said cylinders or equipment are paid in full. Customer assumes all liability for damages from accidents caused by or incurred in the use or transportation of said cylinders and /or equipment. Customer shall defend, indemnify and hold harmless Seller, its officers, agents, and employees from any and all damages and /or liability to any person whomsoever, arising out of or resulting from the usage, storage, or transportation of said cylinders, and /or equipment by the Customer or anyone while they are in the custody of the Customer. The Customer acknowledges receipt of the cylinders and /or equipment in good working condition and repair and agrees to return them in as good condition subject to reasonable wear and tear. Customer shall be liable for all damage to or loss of the cylinders and /or equipment regardless of the cause until they have been returned to, and receipted for, by the Seller. In the event of any accident involving said cylinders and /or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law. Seller will not be liable for any special, indirect. incidental or consequential damages, whether arising from negligence. warranty, strict liability or otherwise. USE RESTRICTIONS: None of the above cylinders and /or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth, nor shall it be removed from the county in which it was delivered to Customer, except by prior written consent of Seller. If the law requires the user to be licensed. Customer shall not use or permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and /or equipment for any cause. Customer, at its own expense, shall forthwith return the cylinders and /or equipment to Seller. Customer is not authorized, without prior written consent of Seller, to expend any money or incur any expense for Seller's or Customer's account for repairs to said cylinders and /or equipment. Seller may terminate any lease at any time by tender to Customer of unused rent in which event Customer shall forthwith return cylinders and /or equipment to the Seller at such place, within the county. as the Seller shall designate. Customer shall, at its own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of such leasing. In the event of the insolvency or bankruptcy of the Customer. or in the event the Customer violates any of the terns hereof, or fails to return the cylinders and'or eauiprr or in the event the cylinders and or equipment are �e.io-;d upon tv. ary i u,;C r,i ter inate and all rights ut the Customer to possession of the cylinders andioi equipment shall immeoiate;y teim,nate� Sella- upussesc :1 same ur ary p :ereof with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Customer s property and remove impewr,ents and may use all force necessary to repossess said cylinders and /or equipment, and Customer hereby, for itself and its employees expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing said cylinders and /or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and /or equipment and the Seller shall be entitled to judgement for such expenses and for all rentals, merchandise, product and damages due hereunder, and for reasonable attorney's fees and court costs. NOTICE OF NON WAIVER: The failure by the Seller. at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and /or terms of this agreement, shall not be construed as a waiver of Seller's right to demand strict compliance with and performance of all covenants, conditions and terms hereof. Notice of demand for strict compliance is hereby waived by the Customer. RETURNED MERCHANDISE: Original invoice must accompany merchandise, product, cylinders or equipment returned for credit. RESTOCKING: Restocking and handling charges will be made on regularly inventoried merchandise, product, cylinders or equipment returned. Special order items are not subject to return for credit. RENTED CYLINDERS AND ITEMS: By accepting rented cylinders or rented equipment, Buyer agrees to: return rented cylinders to Seller on demand; be responsible for any loss of, or damage to rented cylinders or equipment and to reimburse Seller at the current rate of charges for such loss or damage; indemnify Seller against all loss arising out of injuries to persons, or damage to property connected with the use of the rented cylinders or equipment and /or the contents of the cylinders; reimburse Seller for any reasonable cost and /or attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions, and be responsible for cylinders or equipment as to proper care, maintenance. loss of or damage to them (normal wear and tear expected) until they are returned to Seller. PLEASE NOTE: YOUR PAYMENT OF THIS INVOICE IS YOUR .ACKNOWLEDGMENT THAT THE CYLINDER RENTAL BALANCE OF OUR CYLINDERS IN YOUR HANDS SHOWN ON THIS fNVOICE IS CORRECT .AT 1 CLOSE OF BUSINESS ON THE DATE SHOWN ON THIS INVOICE CUSTOMER'S REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business, that it can pay its debts as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act. LITIGATION: In the event of litigation, the prevailing party shall be entitled to be reimbursed for reasonable attorney's fees and costs of suit. CLAIMS: All claims for defective material, shortages and discrepancies are waived unless made in writing within 30 days of receipt of delivery. SURCHARGES: The total amount due from the Customer may include various itemized charges including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials. charges for handling, delivery and shipping; and /or charges for ecergy or heel None of the harges represent a tax cr tee paid t3 mPOIPc! authorit di; f 1Lu c: gee ate retdmed uy Seller DISCLOSURE STATEMENT In compliance with the Federal Truth -In Lending Act, if applicable, Buyer may be charged any amount approved by Seller's credit department, subject to the following conditions: NO LATE CHARGE IF THE ACCOUNT IS PAID WITHIN 30 DAYS. ALL INVOICES UNPAID 30 DAYS FROM DELIVERY ARE SUBJECT TO A LATE CHARGE OF 1 5 0 o PER MONTH (ANNUAL PERCENTAGE RATE OF 18%) OR A MINIMUM OF S1.00 ON THE BALANCE DUE. Prescribed by State Board of Accounts City Form No. 201 (Rev. 1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. Terms Date Due Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) 42062752 $82.87 42156526 $113.17 I 42253474 I I $110.57 42253464 I I $99.93 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 20 982 Praxair Distribution, Inc. IN SUM OF Dept Ch 10660 Palatine, IL 60055 -0660 $406.54 ON ACCOUNT OF APPROPRIATION FOR Carmel Fire Department PO# Dept. INVOICE NO. ACCT #/TITLE AMOUNT Board Members 1120 42062752 42- 311.00 $82.87 1 hereby certify that the attached invoice(s), or 1120 42156526 42- 311.00 $113.17 bill(s) is (are) true and correct and that the 1120 I 42253474 I 42- 311.00 I $110.57 materials or services itemized thereon for 1120 I 42253464 I 42- 311.00 I $99.93 which charge is made were ordered and received except MAR 12 2012 Fire Chief Title Cost distribution ledger classification if claim paid motor vehicle highway fund