Terms: Net 10th. Buyer is responsible for Seller's cylinders. All balances 30 days past due will be subject to a charge at a maximum rate allowable by state law. If it should become necessary to turn this account over for collection, buyer agrees to pay all collection costs plus reasonable attorney's fees

Buyer acknowledges that Material Safety Data Sheets have been made available to Buyer with regards to the Goods. Buyer shall not use or permit use of the Goods without the Material Safety Data Sheets being consulted, and shall train all employees and distribute copies of the Material Safety Data Sheets to all employees and to all others who may be exposed to the hazards of the Goods.

Buyer further acknowledges that any gas products included in the Goods are classified by the U.S. Occupational Safety and Health Administration as hazardous chemicals, that there are hazards associated with the use and storage of such Goods, and that Buyer shall be responsible for warning and protecting Buyer's employees and all others who may be exposed to the said hazards.

All cylinders and Equipment transactions are subject to the following conditions:

Cylinder and Contents:

1. Buyer is responsible for Seller's cylinders, and equipment, including valves and cylinder caps while in the Buyer's possession, and must return all seller's cylinders in the same condition as received (reasonable wear and tear excepted); failure to do so constitutes a breach of this contract and Buyer shall be liable for the cost of replacement or repair of each cylinder not returned, or damaged.
2. Seller reserved the right to charge rental on all cylinders in the Buyer's possession. Rental is chargeable at the standard rates set forth in the Seller's pricing schedule for commodities in effect on the date of acceptance of the cylinder. Rental or lease of Seller's cylinders and equipment is governed by laws concerning non-consumer leases of personal property of the state where this agreement is signed.
3. Upon arrival of the Goods at the place to which Buyer has ordered the Goods shipped, Buyer shall immediately inspect the Goods at its own cost and, if the Goods do not conform to the description herein or to specification or warranty, it shall give written notice to the Seller within three (3) business days after their arrival of any claim to that effect specifically setting forth the details of the claim. Failure of Buyer to give Seller such notice shall constitute an irrevocable acceptance of the Goods by Buyer and Buyer shall be bound to pay the full price of the Goods. The Goods shall not be returnable to Seller after acceptance (unless the return is for nonconformity of the Goods following timely notice as described above) without Seller's written consent, and any return to which Seller consents shall be subject to a handling charge of 20% of invoice value. Claims based on defective valves or cylinders are waived unless made within three (3) days after shipment and cylinder is returned to shipping warehouse with tag stating defect.
4. The Buyer shall not loan or cause to be loaned the cylinder furnished by the Seller without express written consent of the Seller. REFILLING OF AND TRANSFILLING TO OR FROM LOANED CYLINDERS BY BUYER OR ANYONE ELSE WITHOUT THE EXPRESS WRITTEN CONSENT OF SELLER IS PROHIBITED
5. Seller, not being the manufacturer of the leased equipment, nor manufacturer agent, makes no warranty or representation, either express or implied as to the fitness, design or condition of, or as to the quality or capacity of the material, equipment or workmanship in the leased equipment, nor any warranty that the leased equipment will satisfy the requirements of any law, rule, specifications or contract which provides for specific machinery or operators, or special methods, if being agreed that all such risk, as between seller and the buyer, are to be borne by Buyer at its sole risk and expense. Seller shall not be liable for any special, punitive, indirect or consequential damages (including downtime) caused by its breach of any of the terms or conditions hereof or otherwise relating to or arising out of the Goods (including the use, manufacture, condition, delivery or presence thereof or any other matter, service or activity relating thereto, whether caused by Seller's breach of contract, negligence or other tortious conduct, or otherwise). The liability of Seller for defective or undelivered Goods and/or the consequences thereof shall be limited solely to (at Seller's option) replacement of the Goods, or giving Buyer a credit or refund in the amount of the contracted price of the affected Goods. Except for the said replacement or refund, Seller shall not be liable to Buyer or any other person for, and (unless the same are caused solely by the negligence or willful misconduct of Seller) buyer shall indemnify Seller with respect to, and loss, injury (including death) or damage to person or property, and all claims and expenses relating thereto, arising out of or relating in any way to the Goods or the non-delivery thereof.

Return Merchandise:

1. Seller reserved the right to charge a restocking charge for returned merchandise.
2. Prior authorization is required before returning merchandise. All merchandise must be returned prepaid to the seller's designed outlet, unless otherwise instructed when the authorization is granted.
3. Seller reserves the right to refuse unauthorized returns.
4. All returns must be accompanied by Original Shipping Order or Invoice.

These terms and conditions and those on the face hereof constitute the entire agreement between Buyer and Seller with regard to the subject matter hereof, and there are no understandings, representations, warranties or other provisions of any kind except as herein expressly set forth No terms or conditions of any purchase order or other document of Buyer shall be part of this Agreement, and Seller expressly declines to accept any such provisions. Buyer's acceptance of the Goods and the sale thereof to Buyer is subject to the express condition that Buyer accept all terms and conditions hereof, and no alterations or modifications of this document shall be binding on Seller unless agreed to by Seller in writing.