216488 01/15/2013 CITY OF CARMEL, INDIANA VENDOR: 354867 Page 1 of 1
t ONE CIVIC SQUARE RUNYON EQUIPMENT RENTAL
�` ro CARMEL, INDIANA 46032 CHECK AMOUNT: $64.79
` 410 W CARMEL DRIVE
CARMEL IN 46032 CHECK NUMBER: 216488
CHECK DATE: 1/15/2013
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
651 5023990 253136 29.40 OTHER EXPENSES
601 5023990 254057 35 . 39 MATERIALS & SUPPLIES
In consideration of the payment of additional rent cassified as'damage waiver'by the Rentee,Renter agrees to,and hereby does waive its right,or any right lt might
AAhave 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
,r 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 recdess,careless or abusive operation or use
of the Equipment,use or operation of the Equipment exceeding Its rated caps*,,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
CARMEL o FISNE95 o I4DIANAP01-15 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 — f(36 — 000£$3 The parties agree that in the event the Rentee violates arty 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 hag(1 1y2)percent per month added to accounts over tan(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 tool- Bent 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 daim,loss,damages to property,consequential damages,loss of income or any other
www.runyonrental.eom 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 °Saturday 7:00 am -4:30 pm °Sunday 9:00 am -3:00 pm
RENTED -TO . � JOB' LOCATION` TICKET #
CARMEL WASTE WATER It 9855 JEFF COOPER
760 3RD AVENUE SW Con# 253136
SUITE 110
CARMEL IN 46032 Loc 100
SSN PHONE DATE TIME
H (317) 571-2634 OUT 12/21/12 3 : 53 PM WH
F (317) 571-2636
ID#3 PO/:JOB #"-, RECEIVED BY
JEFF COOPER ANTHONY R TURNED 12/22/12 10 :43 AM WH
***FINAL*** Page: 1
QTY ITEM#' EXT AMT NET AMT
MIN HOURLY OVNITE.r 8-HOUR DAY WEEK 4 WEEK :
2 1240-0000 COIL SPRING COMPRESSOR 28 .00 28.00
$14.00/D 14. 00 14.00 56!:00 '"16X8. 00
a
ME EQUIPMENT IS NOT RETURNED BY"DUE IN"DATE YOU WILL BE SUBJECTTO A CHARGE OF CONVERSION(THEFT). RENT 28.00
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
1 HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&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 1.4 0
UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON IS UNAUTHORIZED Addl TAX 0.00
BY RUNYON EQUIPMENT RENTAL. X u',"-T) ?kc
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-TF MY EMPLOYMENT,-ADDRESSOR 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 29.40
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 29.40
EQUIPMENT PRINT NAME CELL
LEASED BY X PHONE 22—DEC-12 10:4 3 :17
EQUIPMENT
RETURNED BY X SIGNATURE 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 ALL TIRES,VUEL AND ELECTRIC CURRENT. will apply. X INITIAL
NO ADJUSTMENTS OR CREDITS will be made on equipment We charge a 5% Damage Waiver on all equipment rentals.
mal unctions unless Runven Eauinment 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 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 foe properly 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 arid 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 agairst 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'Or 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 cone 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-clay 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 andlor 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 is 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,eta)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 responsiblity 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 front wherever they are,and Dealer and his agents shall not be liable for any claims
for damage or trespass arising out of me removal of the goods.
9.Tires,Customer is loially 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 rot 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 race ved.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 he returned to Runyon as clean as when it left.A charge of sixty-five dollars(565.00)per hour v+iil 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 rignt'o possession terminates on the expiration of the rental period("Due in'date 8 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 In writing,
14.Late Return.Title to equipment is and shall at all times remair 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 halt(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,
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,the",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($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 shah 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 ail 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 enfity 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 at 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.DeliverytPick Up.Delivery is made tq closes'point truck can park.Extra charges will result In deliveries to upstairs,elevator use or any point where extra time is ewcived Our service goes riot Include sel up and knock don-of tables and,tarrs.
It 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 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(B)acknowledges that
he/she it has had a reasonable opportunity to discuss this waiver and its effects with legal counsel.Accordingly,each party knowingly,voluntarily irrevocably and unconditionally waives its jury trial rights.
28.Tickets,Fines and Penalties.You agrae to fully and promptly pay all fines,penalties,parking tickets,traffic tickets,toils,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 Vailer 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 to)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 pa,lies 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 MERCHANTAB'LIT'Y 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 TORT.
RETURN POLICY FOR PURCHASED ITEMS:The customer is liable for all shipping costs when returning or exchanging ar.item to Runyon.unless the product'nas been damaged during s'r ipong.This policy also applies to warranty returns.As
stated in the Runyon Retain Policy;'when customers return an item or items for credit,a 25°r�.restocking fee will be charged to your accouit plus all appf:cable inbound and oulbqund freight.Thls polity also applies to shipments refused aid returned.
All cancellations of whole goods are subject to a 25`'-(of total invoiced order;cancellation fee on in stock*ems 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 nev,will ee charged Ki restocking tee of the total amount.All returns must be properly boxed before they are returned.Its the customer's responsibility to report any damages.1-horiages within 48 hours
of receiving the product.Runyon will not accept claims 48 hours after delivery.Runyon will not accept returns witri authorization.Upon issuing a Merchandise Return Authorization(MRA):Runyon will instruct customers as to the best nears of
retum'ng merchandise.Runyon's MRA,'s are valid for 30 days after issuance.NIRAs 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.Any
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:Seller represents arid warrants that:(a)Seller has all necessary right,power and authority to enter into and perform the transactions referenced herein:(b)Seller has good and marketable title to the
Equipment;and(c)on the Transfer Date,Seller will convey the same to Buyer(save only for the puchase money lien,if any,to be retained by Seller should Seller,at its sole ootior,elect to finance all or any portion,of the Purchase Price).Buyer
represcnts and warranlS 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 inspected and examined the Equipment and found the same to be
acceptab e to Buyer in a.! eased on criteria stab'/shed,oiely by Buyer and not based on any recommendation by Seller,and'il Buyer has ieeeived.carett11,;rcvrer+ec and is satisfied w.th,all available training,instr!coons operating and
user mare a.s,and oMiar infornrati r including are training rec `ad under applicable OSHA andlor ANSI Standards,it aryl regarding the proper and safe lransportaf on,use n aimerarcc pair and storage of the Equipment.
# 126460 WARRANT # ALLOWED { Prescribed by State Board of Accounts City Form No.201 (Rev 1995)
� ACCOUNTS PAYABLE VOUCHER
IN SUM OF $ ! CITY OF CARMEL
QUIPMENT RENTAL
rmel Drive An invoice or bill to be properly itemized must show, kind of service, where
46032 performed, dates of service rendered, by whom, rates per day, number of units,
price per unit, etc.
Payee
el Wastewater Utility I 354867
LINT OF APPROPRIATION FOR RUNYON EQUIPMENT RENTAL Purchase Order No.
410 W. Carmel Drive Terms
Carmel, IN 46032 Due Date 12/30/2012
Board members
Invoice Invoice Description
/# ACCT# AMOUNT Audit Trail Code Date Number (or note attached invoice(s) or bill(s)) Amount
12/30/201: 253136 $29.40
36 01-7360-02 $29.40
i
oucher Total $29.40 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
tion ledger classification if r,
der vehicle highway funrLo-
Date Officer
VOUCH[
354867
RUNYOt
410 W. C
Carmel, I
Carn
ON ACC(
PO# IN'
2531
Cost distrib
claim paid u
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
R 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
ACA 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
SuSZFAC6 PREP RENTAL tr SUPPLY 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
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_WM6L•FISHERS•Ir1DIANAPOLI5 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 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(1 12)percent per month added to accounts over ten It 0)days old,reflecting an arnual 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.runyonsurfaceprep.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 , : JOB LOCATION TICKET # ;
CARMEL WATER DISTRIBUTION # 161 SHOP
3450 W. 131ST STREET Con# 254057
CARMEL IN 46074
Loc 100
SSN� PHONE DATE TIME'
W (317) 733-2855 OUT 01/08/13 10:12 AM MS
C (317) 733-2840
ID#3. PO/JOB # _ RECEIVED'"BY
ISENBERGER, ANTHONY 01/08/13 10: 13 AM MS
***FINAL*** Page: 1
QTY, :ITEM# ;
• ;. EXT AMT NET
MIN; ...HOURLY ,OVNITE 8-HOUR DAY WEEK . WEEK
1 100 PROPANE 20 POUND REFILL 1:4 . 49 14 . 49 14 . 49
1 101 PROPANE 30 POUND REFILL
2'0`. 90 20. 90 20. 90
IIa�
@(,P,
IFTHE EQUIPMENT IS NOT RETURNED BY"QUE IN"DATE YOU WILL BE SUBJECTM A CHARGE OF CONVERSION 1 RENT 0.00
Use of alternative fuels,(Biodiesel,E85,etc.)in Runyon Surface Prep Rental&Supply equipment is PROHIB TED.
Customer is liable for all damages&repairs that result from alternative fuel. SALES 35.39
HAVE BEEN INSTRUCTED&DEMONSTRATED ON THE SAFE&PROPER OPERATION OF THE ABOVE EQUIPMENT AND I
FULLY UNDERSTAND THOSE INSTRUCTIONS.I ALSO UNDERSTANDTHAT I AM THE PERSON RENTING THIS PROPERTY,—AN D OTHER 0.00
THAT RUNYON SURFACE PREP RENTAL&SUPPLY DOES NOT GIVE ME PERMISSION TO LEND THIS PROPERTY TO ANY DW/FEES 0.00
OTHER PERSON.I UNDERSTAND THAT GIVING OR LENDING THIS PROPERTY TO ANY OTHER PERSON FOR ANY REASON
IS UNAUTHORIZED BY RUNYON SURFACE PREP RENTAL&SUPPLY X ii',tt'I _:!- Addl TAX 0. 00
THE TERMS AND IONDIITIONS SET FORTH rIN HrIS RENTAL AGREEMENT I HAVE READ AGREES
HE ABOVE EINFORMAT ON AND ACKNOWLEDGE SATES TAX 0. 00
THAT IT IS CORRECT,COMPLETE AND ACCURATE. I PROMISE THAT AS A CONDITION OF RENTING EQUIPMENT THAT IF MY
EMPLOYMENT,ADDRESS OR PHONE NUMBER BE CHANGED, I WILL NOTIFY RUNYON SURFACE PREP RENTAL&SUPPLY DEPOSIT 0.00
IMMEDIATELY.RUNYON SURFACE PREP RENTAL&SUPPLY 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 OFTHIS EQUIPMENT.IF EQUIPMENT IS RETURNED DAMAGED,AND NOT DISCOVERED BY RUNYON SURFACE PREP RENTAL
&SUPPLY UNTIL AFTER THE CUSTOMER LEAVES AND HAS SETTLED HE BILL,RUNYON SURFACE PREP RENTAL&SUPPLY IS TOTAL DUE 35.39
AUTHORIZED TO RUN ANY FORM OF PAYMENT ON FILE TO SATISFY EQUIPMENT REPAIR.LABOR RATE CHARGED AT$85 AN HOUR. AMT BILLED 35.39
EQUIPMENT /1 zl y�f f{ {�r ? CELL
LEASED BY X ,Yr' �ony 1,-s�y� {/✓ry,l�il8 i.. 3 0 U 0 PHONE 08-JAN-13 10: 13:5 3
EUIPMENT
RETU NEOBY- X- - -._ -_ _PIGN TUBE _ _ RENTAL FEES DO NOT APPLY TO PURCHASES.
WE CHARGE FORTIME OUT NOTTIME 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. X 1I`4'ITIAL
NO ADJUSTMENTS OR CREDITS will be made on equipment malfunctions
unless Runvon Surface Pren Rental&Sunnly has been notified. We charge a 5% Damage Waiver on all equipment rentals.
TERMS AND CONDITIONS
t 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 farther acknowledges its
duty to inspect the equipment prior to use and notify Runyon Surface Prep Supply LLC (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 tg 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(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 attorneys fees incurred in such defense andror 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
;hat 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 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 w`11 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
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 calms
for damage or trespass arising out of the removal of the goods.
9.Tires. Customers 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 OTHER THAN NORMAL BUSINESS HOURS REMAINS THE CUSTOMERS
RESPONSIBILITY.
11.Cleaning Charges. Equipment is tc 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 alt 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 material breach of this Agreement.Time is of the essence In this
-.green eat Any exte sign..must be mutually agreed upon in writing.
14.Late Return.Title to equiprmamt is and shat: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 u4)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 illegal 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 darnage to be determined by Runyon.Customer shall pay upon return of property tarred 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 pad is not an insurance premium,and that this provision does not
eprese-nt 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($65.00)per hour plus parts.
20.Severability.The provisions of this Agreement shall be severable so that the invalidity,unepforceability 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 deman=d.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 andror 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 dorm 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 knockdown 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 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 let,until the next day when a special
crew can be scheduled.There will be an additional one day rental.A,knock dawn fee will result if rental items are still up.
27.Waiver of Jury Trial.Each carry 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 hereof.
including.w thout 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 or important lega rights and(8)acknowledges that
e!she.`,t has had a reasonable opporturry to discuss this waiver and its effects vrith legal counsel.Accordingly,each party knowingly,voluntarily,irrevocably and unconditionally waives 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 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 customers 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 tar;
any trailer rented from LESSOROEALER(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.
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 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 SURFACE PREP SUPPLY LLC OR AFFILIATED COMPANIES WILL NOT BE
LIABLE OR RESPONSIBLE FOR ANY SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATEDTOTHE SALE OFTHIS EQUIPMENTTO CUSTOMER,REGARDLESS OF WHETHER SUCH DAMAGES ARISE
UNDER THEORIES QFTHE LAW OF CONTRACTS OR TORT.
RETURN POLICY FOR PURCHASED ITEMS:The customer is liable for at 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 iii 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 subiect 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
ece!ved in conditions other than brand raw will be charged 50°-:restocking fee of the total amount.All returns must be properly boxed before they are returned.Its the customers responsibility to report any damagesishortages within 48 hours
of receiving the product.Runyon will not accapi 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
et rn,n;rnerchandise.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,asue an MRA for raturrs on used or damaged products.Any
tre ght 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:Sailer represents and warrants that:fa)Seiler has all necessary right,power and authority to enter Into and perform the transactions referenced herein.(b)Seller has good and marketable title to the
I pmeh'and(c)on the Transfer Date Seller wil convey the same to Buyer(sale only for the purchase money!let,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
eoresems and warrar.*s 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 inspected and examined the Equiprrment 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;ii)Buyer has received,carefully reviewed and is satisfied with;all available training,instructions,operating and
user manuais,and other irrormation(including all training required under applicable OSHA andior 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 1/9/2013
Invoice Invoice Description
Date Number (or note attached invoice(s) or bill(s)) Amount
1/9/2013 254057 $35.39
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 # 123271 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
254057 01-6200-06 $35.39
Voucher Total $35.39
Cost distribution ledger classification if
claim paid under vehicle highway fund