Terms & Conditions

LIMITED WARRANTY AND DISCLAIMER OF CERTAIN LIABILITIES

  1. Product Specifications. All products, equipment or materials sold hereunder shall conform to the standard specifications established by SELLER. All compressed gases sold hereunder shall be delivered in containers which are manufactured and maintained in accordance with the applicable specifications, rules, and regulations of the US Department of Transportation Federal Motor Carrier Safety Administration.

  2. Limitation of Warranties. EXCEPT FOR THE EXPRESS. WARRANTEES PROVIDED IN PARAGRAPH #1 IMMEDIATELY ABOVE AND ON THE FACE OF THIS DOCUMENT, ALL WARRANTEES WHETHER EXPRESS OR IMPLIED, ALL GUARANTEES AND ALL REPRESENTATIONS AS TO PERFORMANCE, INCLUDING ALL WARRANTEES WHICH. BUT FOR THIS PROVISION, MIGHT ARISE FROM COURSE OF DEALING OR CUSTOM OF TRADE AND INCLUDING-ALL IMPLIED WARRANTEES OR MERCHANTABILITY OR FITNESS FOR   A PARTICULAR PURPOSE. WITH RESPECT TO ANY AND ALL PRODUCTS. EQUIPMENT OR MATERIALS FURNISHED BY SELLER, ARE EXCLUDED AND DISCLAIMED BY SELLER.

  3. Exclusive Remedy; Disclaimer of Consequential Damages. In the case of SELLER's breach of warranty or any other duty with respect to the quality of products, equipment or materials furnished by SELLER. the exclusive remedy therefore shall be replacement by SELLER of the defective products, equipment, or materials. SELLER shall not be under any liability to PURCHASER or any other person for damage, loss, injury, or expense, whether direct, special, or consequential, and whether H the form of personal injury, pecuniary loss, increased expense or otherwise. Failure of PURCHASER, to give notice of claim to SELLER within 15 days from the date of delivery of any product shall constitute waiver by PURCHASER of all claims in respect to such product.

  4. Limitation on Intended Users. Except as expressly provided by SELLER in writing, SELLER’s products are intended for ultimate purchase by commercial/industrial users and for operation by persons trained and experienced in the use and maintenance of welding equipment and industrial gases. SELLER's warranties do not extend to, and no reseller is authorized to extend SELLER’s warranties to any consumer.

TERMS AND CONDITIONS UPON WHICH CYLINDERS ARE LOANED

  • Cylinders remain the SELLER's property at all times. If any rental cylinder is not retuned, the SELLER reserves the right to make a rental charge for all time that such cylinder is away from the SELLER'S said distributing station, which rental charge the Customer agrees to pay on demand. Rental shall be determined in accordance with the customary method of the SELLER at that location.

  • The Customer shalt pay promptly on demand to the SELLER, at the SELLERS’s then established valuation and rates, for the loss of or damage to any of said cylinders or fittings resulting from any cause after delivery thereof to the Customer and until return to the SELLER. Refilling of loaned cylinders except by the SELLER or loan of cylinders without the SELLER's written consent is prohibited.

OTHER TERMS & CONDITIONS

  • A handling charge of 20% of invoice value is applicable on all goods returned for credit without SELLER's consent.

  • A service charge of 1.5% per month will be charged on past due accounts.

  • A fee of $25 will be assessed on all returned checks.

  • The goods covered by this document which were manufactured by SELLER were produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended.

TERMS AND CONDITIONS UPON WHICH EQUIPMENT IS RENTED

  1. TIME PERIOD. Lessee agrees to pay rental at stated rate, for all time equipment is away from Lessor’s premises, Sundays and holidays included. Lessee will pay all trucking and/or transportation charges. Any part of a day is considered as a full day.

  2. LIMITATION OF USAGE. Stated rental rates are predicted on contemplated use of not more than eight hours per day, seven days per week. If greater use is made, rates will be increased upon a pro-rated basis to cover increased use.

  3. WAIVER OF DEFECTS. Lessee agrees to make a complete inspection within twenty-four (24) hours after receipt of equipment, and that claims for defects will be made within the aforesaid twenty-four hour period; then the Lessee thereby acknowledges said equipment to be in good, safe, and serviceable condition and fit for its intended use.

  4. REPAIRS. Lessee shall be responsible for all repairs to equipment while in his possession. Lessor shall, upon request, perform such repairs at Lessee’s expense and shall charge therefore Lessor’s then prevailing rates. Lessee is not authorized to incur for Lessor’s account any expense, or to expend any money for or upon said equipment without written consent of Lessor. Equipment must be returned to Lessor in same condition as when taken out subject only to normal wear and tear.

  5. LIABILITY. Lessee covenants and agrees to keep Lessor harmless and free from any and all liability arising from the use, maintenance, or transportation of said equipment, and further agrees to pay Lessor in full for any loss or damages to said equipment while it is out of Lessor’s possession. All equipment returned to Lessor is subject to inspection for concealed damage and if so determined, Lessee agrees to pay for such damage in full.

  6. RECALL. The Lessor may recall any and all equipment after forty-eight (48) hours notice to Lessee.

  7. NOTICE OF NON-WAIVER. The failure of the Lessor at any time or times to insist upon strict performance by the Lessee of the terms and/or conditions of this agreement shall not be construed as a waiver of Lessor’s right to demand strict compliance and performance under all conditions and terms hereunder.

  8. LEGAL ACTION. If necessary to institute legal action to enforce any of the terms of this agreement, or to collect any amount due hereunder, the Lessee agrees to pay all necessary costs and attorneys’ fees. Accounts past due shall be charged a finance charge at the allowable rates from the date of this transaction.

  9. SUBLETTING. Neither the whole, or any part of equipment hereby leased, shall be transferred, sublet, or suffered to be sublet, or loaned, or removed from location at which it was intended by Lessor to be used, as herein stated, except by written consent of Lessor obtained in writing before said removal.

  10. TITLE. Title now is and at all times hereinafter shall remain and be vested only in the Lessor. In the event the equipment is levied upon by marshal, sheriff or constable by reason of execution, garnishment or attachment, or for any reason whatsoever, then in that event this lease immediately terminates, and the Lessor may retake the equipment with or without notice and with or without legal process, and may use all force necessary so to do; and the Lessee hereby expressly waives