Terms and Conditions

Please read carefully as our terms and conditions have changed.

PRICES SUBJECT TO CHANGE WITHOUT NOTICE

 

BASIS ON WHICH CYLINDERS ARE LOANED: Customer shall return each cylinder when empty to the Distributor from which the same was shipped. The Distributor reserves the right to make a rental charge at the current rate per cylinder per day on those loaned cylinders not returned to the Distributor, which rental charge the customer agrees to pay on demand. The customer shall also pay to the Distributor promptly on demand established rates and valuations for loss of or damage to any of said cylinders or fittings resulting from any cause after delivery thereof to the customer and until returned to the Distributor. Distributor reserves the right to initiate loss of use billing for any cylinders not returned to the Distributor within a 90 day period. Refilling of cylinders is prohibited.

 

CONDITIONS OF SALE: It is agreed that title to the merchandise listed on the face of this invoice does not pass until paid for in full. Should the merchandise be gas, Seller retains title to the unused portion until total amount of this bill has been paid. If necessary to institute legal action to enforce collection of the amount due under this invoice, Buyer agrees to pay all necessary costs and attorney’s fees. Unless so stated in writing all accounts due and payable on the 10th of the month following date of purchase. A FINANCE CHARGE which is computed by a “periodic rate” of 1 ½% per month, which is an ANNUAL PERCENTAGE rate of 18%, applies to all past due amounts. Seller’s repossession of merchandise sold hereunder shall not preclude his right to recover a deficiency from the Buyer if the price received is not sufficient to pay the amount due hereunder.

 

SECURITY INTEREST: Buyer hereby grants seller a security interest in the merchandise being sold as security for payment of the debt set forth herein, or any other monies owed seller by the buyer, and buyer authorizes seller to file a financing statement, or other necessary documentation, to perfect such security interest. Besides all rights set forth in the Uniform Commercial Code, seller shall have the right to retake possession of the equipment or merchandise sold hereby to satisfy any debt due and owing the seller.

 

DISCLAIMER OF WARRANTIES: “There are no warranties which extend beyond the description on the face hereof, specifically there are no valid oral warranties by seller or seller’s agents and seller makes no warranties of any kind, express or implied, whether of fitness or against infringement or otherwise, except that the material sold hereunder shall be of merchantable quality and shall conform to the specifications set forth herein; and buyer assumes all risks whatsoever as to the result of the use of the material purchased, whether used singly or in combination with other substances. Seller shall not be liable for special, indirect or consequential damages of any kind, or for damages arising from the presence or use of products delivered. In cases of equipment or supplies manufactured by companies with warranty policies different from sellers, the applicable warranty of the original manufacturer will apply.”

 

GENERAL WAIVER OF LIABILITY

Customer agrees to secure and protect itself, and shall defend, indemnify and hold harmless CTWS LLC and its directors, officers, and employees from any liability,

Claim of liability, expense, causes of action, demands, any loss or damage whatsoever for any injury, including death, to any person (including without limitation,

Customer or Customer’s employees, agents or subcontractors) or property, it being the intent of this Agreement to protect and indemnify CTWS LLC from any and

all loss or injury (including death) arising out of or in connection with the products purchased or work performed using materials purchased under this purchase

and agreement.

The buyer acknowledges that inhaling or breathing compressed gas,that is not intended for inhalation, is an improper use of the product. The buyer agrees that the compressed gas sold by the seller to the buyer shall not be used for breathing or inhaling unless otherwise prescribed and buyer shall not use or permit the use of the compressed gas for such purpose or provide the compressed gas to any person who will, in turn, permit or provide the compressed gas for inhalation or breathing.