TERMS AND CONDITIONS OF SALE
Sales are subject to the following terms and conditions. If such terms and conditions are not acceptable, Buyer must so notify Seller in writing immediately. If Seller and Buyer have heretofore entered into a special written contract for sale of products invoiced herein, both the terms of that special written contract and the terms and conditions hereof apply to this sale, but the terms and conditions of this invoice shall apply where there is a conflict between the two. Credit will not be given or goods returned without Oxygen Service Company’s consent. Any returned items may be subject to a re-stocking fee charge, at Oxygen Service Company’s sole discretion.
Due to customer quality assurance standards, we do not offer credit on gas purchases. Special circumstances may apply.
TITLE AND RISK OF LOSS Title to all products sold shall pass to, and risk of loss shall be borne by Buyer, upon Seller’s delivery to carrier of shipping point.
Cylinders. By acceptance of this invoice, Buyer agrees that cylinders shown on the invoice remain the property of the Seller unless purchased and paid for through written documentation. Buyer shall pay demurrage and rental fees monthly as charged by Seller until cylinders are returned by the Buyer to the Seller; and Buyer will pay, upon demand for any cylinders damaged, or not returned as requested by the Seller, at the Seller’s cylinder prices in effect on the date of such demand of payment. Purchased cylinders will be charged a periodic maintenance fee. Transportation charges are at the Buyer’s expense. Unless otherwise mutually agreed to in writing, empty cylinders must be returned freight prepaid. All cartons in which small cylinders are shipped remain the property of the Seller and are to be returned with the next shipment of empty cylinders.
WARRANTIES, CLAIMS, DAMAGES, IMDEMNIFICATION AGREEMENT (a) SELLER MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A CERTAIN PURPOSE; (b) buyer assumes all risk and liability for results obtained by the use of product covered by this agreement, whether used singly or in combination with other products; (c) Seller shall not be liable for damages or claims of any kind greater in amount than the purchase price of the products in respect of which such damages are claimed, and failure of Buyer to give written notice of claim within sixty (60) days from date of damage, shall constitute a waiver by Buyer of all claims in respect to such products; (d) in no event shall Seller be liable for special, incidental or consequential damages of any nature whatsoever, and (e) Buyer shall defend and hold Seller harmless from, and shall indemnify Seller for, any and all claims and expenses, including attorney’s fees, arising out of, relating to or concerned with the use of the products sold, including all claims for which Seller is claimed to be liable.
PRICES All prices are subject to change without notice. Products to be billed at the price in effect at the time the order is received and accepted.
LATE PAYMENT CHARGE; COSTS OF COLLECTION Buyer agrees to pay a late payment charge of one and one-half percent (1.5%) per month, or the maximum lawful rate, whichever is less, on all amounts due to Seller and not paid within thirty (30) days after becoming due. Further, Buyer agrees to pay all costs and expenses incurred by Seller in collecting the amount due pursuant to this invoice and in recovering possession of Seller’s cylinders, including in each case reasonable attorney’s fees.
CYLINDERS; BAILMENT The cylinders delivered by Seller to Buyer are the property of the Seller and are intended to be used only to contain the products of Seller. Buyer agrees not to refill the cylinders or permit any other entity to use the cylinders, except with the prior written permission of Seller. Buyer shall return all cylinders to Seller immediately upon demand.
CYLINDERS; QUANTITY DISPUTES If cylinder quantity is disputed, either by Seller or Buyer, as to what is in Buyer’s possession, written notice must be given by the party first aware to the other party. If a discrepancy is found, a back charge or refund will be due for the period involved; but in no event for a period more than six (6) months prior to the dispatch of the written notice.
TERMS AND CONDITIONS OF EQUIPMENT RENTAL
CONDITIONS The rental period shall begin on and include the date of shipment to Customer and shall end on and include the date of return to customer. In all cases of rental rates (day-week-month) the lower cost to Customer shall apply. Rental fees will be invoiced on a monthly basis, payable according to the Company’s standard payment terms (including finance charges).
Customer agrees to maintain the rental equipment and to return the rental equipment to Company on termination of this Agreement, in the same condition as when delivered, usual wear and tear expected. Customer shall be responsible for any damage to or loss or destruction of rental equipment occurring after delivery to Customer and prior to return to Company by reason of fire, accident, theft or any other cause whatsoever, and not such damage, loss or destruction shall relieve Customer from the obligations of this Agreement. Upon termination of this Agreement Customer shall pay to Company the lesser of the cost of repairing the rental equipment to the same condition as when delivered, usual wear and tear expected, or the cost to replace the rental equipment.
Customer shall pay, in addition to the rental fees hereunder, all taxes, however designated, based on Customer’s rental of the rental equipment now or hereafter imposed by any federal, state or local taxing authority.
TITLE OF EQUIPMENT It is expressly agreed that title to and legal ownership of rental equipment shall remain at all times with the company. This pertains also to rent to own rental equipment, as ownership is not to be transferred until final rental payment is processed. Customer shall promptlyexecute on request any and all finance statement or other documents the company reasonably deems necessary to protect its ownership interest in the rental equipment.
DISCLAIMER OR WARRANTIES; LIMITATION OF LIABILITY. Company will cooperate with Customer in obtaining performance under warranties offered by its suppliers of rental equipment. HOWEVER, AS TO COMPANY, CUSTOMER ACCEPTS THE RENTAL EQUIPMENT "AS IS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED AND EXCLUDED BY COMPANY. In any event, Company’s liability for loss, damage or expense directly or indirectly arising out of the rental, sale or use of the rental equipment shall not exceed the rental fees received by Company hereunder, and Company shall not be liable for any incidental or consequential damages directly or indirectly arising out of the rental, sale or use of the rental equipment.
TERMINATION, REMEDIES ON DEFAULT At any time after the minimum rental period above, this Agreement may be terminated: (a) by Customer by return of the rental equipment and payment of all sums due hereunder; and (b) by Company on not less than one (1) day written notice to Customer. In the event Customer fails to make any payment, hereunder when due, or fails to timely perform any other obligation hereunder, Company may exercise any one or more of the following remedies: (a) without notice of demand, declare all or any of the rental fees for the minimum rental period to be immediately due and payable; (b) without terminating, breaching, or committing a default under this Agreement, repossess the rental equipment; (c) terminate this Agreement on written notice thereof to Customer, in which event all rental fees not then due for the minimum rental period shall immediately become due and payable as liquidated damages hereunder; (d) exercise any other rights or remedies available to Company hereunder or under applicable law. Customer agrees to pay all of Company’s expenses (including attorney’s fees) incurred in collecting amounts hereunder and in enforcing any and all of its rights hereunder and under applicable law. No delay or failure by Company in the exercise of any right or remedy shall constitute a waiver thereof and no single or partial exercise or waiver by Company of any right or remedy shall preclude other or further exercises thereof or the exercise of any other right or remedy.