Terms & 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, Vedee shall pay demurrage and/or rental to Vendor at Vendor’s standard published rate on cylinders not returned by Vendee within thirty (30) days. On demand Vendee shall pay to Vendor the fair value of cylinders, fittings and caps lost or damaged before returned to Vendor. Vendor to which such cylinders, fittings and caps are returned shall be the sole judge of whether the cylinders, fittings or caps are damaged and whether or not such damage can be repaired.
2. The Vendee waives any claims based on defective valves or other cylinder imperfections unless same are made in writing within thirty (30) days after receipt of cylinder and cylinder is returned to the Vendor with the Vendor’s claim tag which will be supplied upon request, stating defect.
3. The Vendee shall not loan or refill or cause to be loaned or refilled the cylinders furnished by this Vendor.
4. The Vendee shall be responsible for damage to and loss of the cylinders, fittings and caps from the time of acceptance of delivery of the cylinders, fittings and caps by the Vendee until returned thereof to the Vendor.
5. All cylinders covered by this invoice shall be marked, at the time they are filled, with legible labels identifying the contents of said cylinders. The Vendee shall not use any cylinders that are not so marked when received, but shall return said cylinders to the Vendor for credit.
6. The Vendee shall indemnify and save harmless the Vendor from and against all loss or damage arising out of injuries to or death of persons, and damages to or destruction of property (other than that caused by defective cylinders or the contents thereof) in any manner caused by, incident to, or connected with the cylinders of the contents thereof furnished by the Vendor, wherever the same may be during the aforesaid period.
The Vendee may insure against the foregoing liabilities under standard forms of insurance policies. Whenever necessary Vendee’s policies should be enforced to provide for coverage and in the event of any loss or damage as aforesaid Vendee should promptly report such loss or damage to the insurance company and the Vendor.
7. Service and delivery by the Vendor shall be subject to floods, strikes or other labor disturbances, fires, accidents, wars, delays of carriers, inability to obtain raw materials, failures of normal sources of supply, restraints of governments, or any other similar or dissimilar cause beyond the Vendor’s reasonable control.
8. In addition to the price or prices specified herein the Vendee shall pay to the Vendor, or at its election, to the appropriate taxing authorities, the amount of all governmental taxes, excises, or other charges, present or future, imposed upon or payable or collectible by the Vendor with respect to or which is ascertained by reference to the production , sale, transportation, possession or use of any of the articles referred to herein, except taxes imposed upon or measure by net income.
9. There is no warranty of merchantability and there are no other warranties that extend beyond the description on the face of the articles sold or delivered hereunder. Furthermore, the Vendor shall not be liable for any damages, consequential or otherwise, arising out of or in connection with the manufacture, labeling, packaging, delivery, storage or use of any article, except that if any article sold or delivered hereunder shall fail to meet said description , the Vendee shall be entitled to replacement of such article at no cost to Vendee, with an article that does meet said description, and this remedy shall be the Vendee’s exclusive remedy. Failure of the Vendee to give written notice of claims within thirty (30) days after receipt of any article shall constitute a waiver by the Vendee of all claims with respect to such article.
10. In the event the purchaser fails to pay pursuant to the terms herein, the purchaser herby agrees to pay interest thereon at the highest rate provided by law and agrees to pay all expenses reasonable collection and/or attorney’s fees to the extent permitted by law, incurred in the collection by suit or otherwise, or an amount payable under this invoice.
11. This is to certify that the herein named materials are properly classified, described packaged, marked and labeled and are in proper condition for transportation according to the applicable regulations of The Department of Transportation.
12. We hereby state that these goods were produced in compliance with all requirements of Sec. 6.7 and 12 of The Fair Labor Standards Act, as amended, and of the regulations of The U.S. Department of Labor issued under Sec. 14 thereof.
2. The Vendee waives any claims based on defective valves or other cylinder imperfections unless same are made in writing within thirty (30) days after receipt of cylinder and cylinder is returned to the Vendor with the Vendor’s claim tag which will be supplied upon request, stating defect.
3. The Vendee shall not loan or refill or cause to be loaned or refilled the cylinders furnished by this Vendor.
4. The Vendee shall be responsible for damage to and loss of the cylinders, fittings and caps from the time of acceptance of delivery of the cylinders, fittings and caps by the Vendee until returned thereof to the Vendor.
5. All cylinders covered by this invoice shall be marked, at the time they are filled, with legible labels identifying the contents of said cylinders. The Vendee shall not use any cylinders that are not so marked when received, but shall return said cylinders to the Vendor for credit.
6. The Vendee shall indemnify and save harmless the Vendor from and against all loss or damage arising out of injuries to or death of persons, and damages to or destruction of property (other than that caused by defective cylinders or the contents thereof) in any manner caused by, incident to, or connected with the cylinders of the contents thereof furnished by the Vendor, wherever the same may be during the aforesaid period.
The Vendee may insure against the foregoing liabilities under standard forms of insurance policies. Whenever necessary Vendee’s policies should be enforced to provide for coverage and in the event of any loss or damage as aforesaid Vendee should promptly report such loss or damage to the insurance company and the Vendor.
7. Service and delivery by the Vendor shall be subject to floods, strikes or other labor disturbances, fires, accidents, wars, delays of carriers, inability to obtain raw materials, failures of normal sources of supply, restraints of governments, or any other similar or dissimilar cause beyond the Vendor’s reasonable control.
8. In addition to the price or prices specified herein the Vendee shall pay to the Vendor, or at its election, to the appropriate taxing authorities, the amount of all governmental taxes, excises, or other charges, present or future, imposed upon or payable or collectible by the Vendor with respect to or which is ascertained by reference to the production , sale, transportation, possession or use of any of the articles referred to herein, except taxes imposed upon or measure by net income.
9. There is no warranty of merchantability and there are no other warranties that extend beyond the description on the face of the articles sold or delivered hereunder. Furthermore, the Vendor shall not be liable for any damages, consequential or otherwise, arising out of or in connection with the manufacture, labeling, packaging, delivery, storage or use of any article, except that if any article sold or delivered hereunder shall fail to meet said description , the Vendee shall be entitled to replacement of such article at no cost to Vendee, with an article that does meet said description, and this remedy shall be the Vendee’s exclusive remedy. Failure of the Vendee to give written notice of claims within thirty (30) days after receipt of any article shall constitute a waiver by the Vendee of all claims with respect to such article.
10. In the event the purchaser fails to pay pursuant to the terms herein, the purchaser herby agrees to pay interest thereon at the highest rate provided by law and agrees to pay all expenses reasonable collection and/or attorney’s fees to the extent permitted by law, incurred in the collection by suit or otherwise, or an amount payable under this invoice.
11. This is to certify that the herein named materials are properly classified, described packaged, marked and labeled and are in proper condition for transportation according to the applicable regulations of The Department of Transportation.
12. We hereby state that these goods were produced in compliance with all requirements of Sec. 6.7 and 12 of The Fair Labor Standards Act, as amended, and of the regulations of The U.S. Department of Labor issued under Sec. 14 thereof.