Terms and Conditions / Release of Customer

Terms and Conditions

1. The cylinders, fittings, and caps covered by this invoice are loaned by Vendor, NOT SOLD, and are to be returned to Vendor in good condition and repair within thirty (30) days from the date of shipment. Vendee shall pay demurrage and/or rental at Vendor’s published rates on cylinders not returned within thirty (30) days. On demand, Vendee shall pay the fair value of cylinders, fittings, and caps lost or damaged before return. Vendor shall be the sole judge of whether such damage can be repaired.
2. Cylinder Access and Inventory Verification. The Vendee grants the Vendor permission to enter their premises to inspect or collect any unreturned Vendor-owned cylinders. Additionally, by paying the cylinder lease or rental fees listed on an invoice, the Vendee agrees that the cylinder count stated on that invoice accurately reflects the number of cylinders in Vendee’s possession as of the close of business on the invoice date.
3. The Vendee waives any claims based on defective valves or other cylinder imperfections unless made in writing within thirty (30) days after receipt and the cylinder is returned tagged with the Vendor’s claim tag, stating the defect.
4. The Vendee shall not loan, refill, or cause to be loaned or refilled any cylinders furnished by this Vendor. Vendor is not responsible for connecting any cylinder to the Vendee’s equipment or property.
5. The Vendee is responsible for damage to and loss of cylinders, fittings, and caps from the time of delivery acceptance until their return to the Vendor. Vendee shall return cylinders in a non-contaminated condition and will be responsible for cleaning any contamination, markings, or defacements not originally on the cylinders.
6. All cylinders covered by this invoice shall be marked with legible labels identifying their contents. Cylinders not properly marked upon receipt should not be used and should be returned to the Vendor for credit.
7. The Vendee shall indemnify and hold harmless the Vendor against loss or damage arising from injuries, death, or property damage connected with the cylinders or their contents, except where caused by defective cylinders or contents.
8. Service and deliveries by the Vendor are subject to delays or interruptions caused by floods, strikes, labor disturbances, fires, accidents, wars, carrier delays, shortages of materials, governmental restraints, or other causes beyond the Vendor’s reasonable control.
9. In addition to the stated price, the Vendee shall pay all applicable governmental taxes, excises, and other charges imposed in connection with the production, sale, transportation, possession, or use of the articles, except taxes based on net income.
10. There is no warranty of merchantability and no warranties extending beyond the description of the articles sold or delivered. The Vendor’s sole obligation for nonconforming goods is replacement of the article. Written notice of claim must be provided within thirty (30) days after receipt.
11. Delivery, Title, and Risk of Loss. Items are sold F.O.B. shipping point. Any delivery date in the order confirmation is a non-binding estimate of when the items will be delivered, not a guaranteed delivery date. Ownership and the risk of loss or damage pass to the Vendee as soon as the Vendor delivers the items to the carrier. This transfer completes the purchase, and quantities will be determined using the Vendor’s standard measurement methods.
12. If the purchaser fails to pay according to these terms, the purchaser agrees to pay interest at the highest rate permitted by law and all reasonable collection costs and attorney’s fees.
13. Vendor reserves the right to adjust pricing for products or services at any time without prior notice to the Vendee.

Release of Customer

The undersigned customer acknowledges the following warnings regarding transportation of industrial, specialty, or medical gases:

1. Transporting gas cylinders in cars, vans, or other closed motor vehicles is dangerous and should be avoided.
2. Gas cylinders must never be moved in closed spaces, including vehicle trunks, due to the risk of explosion or fire.
3. It is safer to transport cylinders using an open truck or allow the Vendor to transport them.
4. Gas cylinders should be transported upright with windows open for ventilation.
5. If cylinders are transported on their side, they must be secured to prevent movement and ventilation should be maintained.

The Vendee assumes all risk of bodily injury and property damage and releases and holds harmless the Vendor, its employees, officers, and directors from liability arising from transportation of gas cylinders by car, truck, van, or any closed motor vehicle.