Terms and Conditions
- The cylinders, fittings and caps covered by this invoice are loaned by Seller to Customer, NOT SOLD, and are to be returned to Seller in good condition and repair, within thirty (30) days from date of shipment. Customer shall pay rent to Seller at Seller’s standard published rate per day per cylinder. On demand Customer shall pay to Seller the fair value of cylinders, fittings and caps lost or damaged before returned to Seller. Seller to which such cylinders, fittings and caps are returned shall be the sole judge of whether the cylinders, fittings and caps are damaged and whether or not such damage can be repaired. Customer shall be deemed to have accepted the cylinder balances are accurate and binding unless written notice to the contrary is received by Dale Oxygen, and Acetylene Service, Inc. (Dale Oxygen, Inc.) within thirty (30) days of purchaser’s receipt hereof.
- The Customer waives any claims based on defective valves or other cylinder imperfections unless same are made in writing within (30) days after receipt of cylinder and cylinder is returned to the Seller tagged with the Seller’s claim tag, which will be supplied upon request, stating defect.
- The Customer shall not loan or refill or cause to be loaned or refilled the cylinders furnished by the Seller. Cylinders should be accounted for by type and quantity rather than by serial number and Customer agrees that all cylinders listed on the reverse shall be deemed to be in his possession, except to the extent the Customer has in his possession delivery tickets signed by an authorized agent of Seller showing re-delivery thereof to Seller.
- The Customer 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 Customer until return thereof to Seller.
- 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 Customer shall not use any cylinders that are not so marked when received but shall return said cylinders to the Seller for credit.
- The Customer shall indemnify and save harmless the Seller from and against all loss or damage arising out of injuries to or death of persons, and damage to or destruction of property (other than that caused by defects in either the cylinders or the contents thereof) in any manner caused by, incident to, or connected with the cylinders or the contents thereof furnished by the Seller, wherever the same may be during the aforesaid period. The Customer may insure against the foregoing liabilities under standard forms of insurance policies. Whenever necessary Customer’s policies should be endorsed to provide for coverage and in the event of any loss or damage as aforesaid Customer should promptly report such loss or damage to the insurance company and the Seller.
- Service and deliveries by the Seller 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 Seller’s reasonable control.
- The Customer shall pay in addition to the price or prices specified herein, the amount of any tax upon or payable or collectible by the Seller with respect to or which is ascertained by reference to or measured by any sales, deliveries or orders hereunder by virtue of any present or future Federal, State, Municipal or other lay applicable thereto.
- CREDIT TERMS: 30 days from date of invoice. Past due invoices are subject to a SERVICE CHARGE of 1-1/2% PER MONTH which in an ANNUAL RATE 18% applied to the month end balance.
- THE INVOICE CONTAINS A HAZARDOUS MATERIALS CHARGE. THAT FEE IS NOT MANDATED BY ANY FEDERAL, STATE OR LOCAL GOVERNMENT ENTITY AND IS IN FACT RETAINED BY THE SELLER. ALTHOUGH THE SELLER HAS MADE NO ATTEMPT TO QUANTIFY THE ACTUAL COST OF COMPLIANCE WITH GOVERNMENT REGULATIONS, THE SELLER INTENDS THAT THIS FEE IS AN EFFORT TO RECOUP THOSE ESTIMATED ADDITIONAL COSTS.
- WARRANTIES; CLAIMS; DAMAGES: This is Dale Oxygen, Inc.’s sole warranty. DALE OXYGEN, INC. MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED AND DALE OXYGEN, INC. DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ALL EVENTS, DALE OXYGEN, INC. IS NOT LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, HOWSOEVER CAUSED, INCLUDING THOSE CAUSED BY DALE OXYGEN, INC.’S NEGLIGENCE, OR THOSE ARISING FROM THE PRESENCE OR USE OF ANY OF THE PRODUCTS, WHETHER USED SINGLY OR IN COMBINATION WITH ANY OTHER SUBSTANCES. Customer is solely responsible for determining the suitability and use of any of the Products. CUSTOMER ASSUMES ALL RISK AND LIABILITY FOR, AND SHALL INDEMNIFY DALE OXYGEN, INC. AGAINST, ANY LOSS OR DAMAGE, INCLUDING ANY INJURY TO PERSONS OR PROPERTY, OF CUSTOMERS OR OTHERS, ARISING OUT OF THE OWNERSHIP, USE, CUSTODY, CONTROL OR DISPOSITION OF ANY PRODUCTS (INCLUDING CYLINDERS, VEHICLES, OR EQUIPMENT) BY CUSTOMER OR ITS AGENTS OR EMPLOYEES, OR BY ANY THIRD PARTIES, THE PERIOD OF LIMITATION FOR COMMENCING A CAUSE OF ACTION FOR A BRANCH OF THIS CONTRACT IS REDUCED TO ONE YEAR.
- TRANSPORTATION AND STORAGE: WARNING – COMPRESSED GASES ARE CLASSIFIED BY D.O.T. AND OSHA AS HAZARDOUS MATERIALS. IF BUYER TRANSPORTS AND/OR STORES THESE PRODUCTS, CUSTOMER ASSUMES ALL RESPONSIBILITY FOR THE SAFE AND LEGAL COMPLIANCE OF ALL PRESENT OR FUTURE FEDERAL, STATE, MUNICIPAL, OR OTHER LAW APPLICABLE THERETO. DALE OXYGEN, INC. ASSUMES NO RESPONSIBILITY FOR FINES, PENALTIES, FEES, AND/OR IMPRISONMENT FOR CUSTOMER’S FAILURE TO COMPLY WITH ANY OR ALL REGULATIONS.
- TECHNICAL ADVICE: Any technical advice offered by Dale Oxygen, Inc. is offered solely as an accommodation to Customer. Customer accepts and used any technical advice solely at its own risk, with no liability attaching in any way to Dale Oxygen, Inc.
- RETURN POLICY:
- No refund will be issued for unused cylinders or liquid gas returned to the company. Cylinders or liquid containers will be accepted as empty returns only.
- Merchandise return for credit must be made within 7 days and are subject to a 20% restocking fee.
- All returns must be accompanied by the receipt.
- All returns are subject to freight and handling fee if applicable.
LEASE AND/OR RENTAL CYLINDERS PROPERTY OF SELLER AT ALL TIMES.
If the customer is buying industrial, specialty, or medical gases from Dale Oxygen and Acetylene Service Inc., (Dale Oxygen, Inc.) which he/she will move by car, closed van, station wagon or sport utility vehicle;
Company has informed the customer that:
- Putting gas cylinders in cars, vans, station wagons, sport utility vehicles, or other closed vehicles can be extremely dangerous and should be avoided.
- Gas cylinders must never be moved in closed spaces such as car trunks.
– It is EXTREMELY DANGEROUS and could cause EXPLOSION OR FIRES.
- Gas cylinders should be moved in fixed upright position, fastened in position to prevent movement, tipping, physical damage, and with windows open for ventilation.
- No more than 90lbs. of propane shall be transported in a closed body vehicle, such as a car, van, station wagon or sport utility vehicle.
- The maximum capacity per cylinder of propane allowed to be transported in a closed body vehicle such as a car, van, station wagon or sport utility vehicle is 45lbs., unless the driver and engine compartments are separated from the cargo space by a vapor tight partition that contains no means of access to the cargo space.
- It would be safer to wait and move the cylinder(s) by open truck.
If the customer still wants to carry the gas cylinder(s) by car, van, station wagon, sport utility vehicle or other closed vehicle, now and for himself/herself and his/her employer (if any), the customer.
ASSUMES THE RISK of bodily injury and or death to others in the car, van, station wagon or sport utility vehicle, or of loss of or damage to the vehicle or other property, persons, and
RELEASES Dale Oxygen, Inc. and it’s employees, officers, and directors from any liability for bodily injury and or death or loss or damage to any property resulting from his/her transporting of any gas cylinder(s) by car van, station wagon, or sport utility vehicle.