Warranty
A-OX Welding Supply Company LLC makes no warranty express or implied, as to the condition, quality or usefulness of any merchandise/cylinder described on the reverse side.
Cylinder Conditions
Customer acknowledges that the merchandise/cylinders has been inspected and received in good and usable condition. Cylinders shall remain the property of A-OX Welding Supply Company LLC at all times. Customer shall not release any cylinders to any other person or business without the written permission of A-OX Welding Supply Company LLC. Customer shall not permit cylinders to be refilled by anyone other than A-OX Welding Supply Company LLC, and shall return all empty cylinders promptly to A-OX Welding Supply Company LLC.
No credit shall be allowed for any residual gas remaining in cylinder. Customer shall pay to A-OX Welding Supply Company LLC on demand a charge computed at A-OX Welding Supply Company LLC the established rates for the loss of, or damage to any cylinders, resulting from any cause whatsoever and occurring while in the possession of Customer. Customer agrees to pay a cleaning and handling charge for any returned cylinder determined to be unsafe, at A-OX Welding Supply Company LLC sole discretion.
Customer hereby agrees to indemnify and save and hold A-OX Welding Supply Company LLC harmless against all claims, loss, liability and expense resulting from any loss or damage to merchandise/cylinder and for injuries to, or death of persons, and damage to property, howsoever arising, directly or indirectly, from or incident to the use, operation, transport or storage of the merchandise/cylinder and whether such injury or death to persons be of agents or employees of the purchaser or of third parties; it being specifically agreed to and acknowledged by Customer that the foregoing provision includes, but is not limited to, all claims, losses, liability, omission, or other act or conduct of the Customer or any third party acting for or on behalf of the Customer.
Cylinders leased to Customer are subject to the terms and conditions of A-OX Welding Supply Company LLC "Lease" and/or "Deposit Agreement" in addition to the terms and conditions contained herein.
Cylinders loaned to Customer are subject to a rental charge. Customer agrees to pay to A-OX Welding Supply Company LLC the current rental rate on cylinders. Rental rates subject to change without notice.
In the event Customer is delinquent on payments, on account, Customer agrees that A-OX Welding Supply Company LLC has the right to pick up cylinders, whether on Lease, Deposit, or Rental at any time during usual business hours. Customer agrees to forfeit any amounts remaining on Lease or held on Deposit as partial payment for account due. Monies in excess of account due will be refunded to Customer on A-OX Welding Supply Company LLC next available payable cycle.
Customer hereby agrees that Customer has received a copy of this invoice and agreement, and agrees to pay reasonable attorney’s fees and costs which may be incurred if A-OX Welding Supply Company LLC is required to enforce this document by legal action. Jurisdiction for any and all disputes and/or collection action shall be in South Dakota and governed pursuant to South Dakota law; and parties further consent that any action shall be venued in Minnehaha County, where A-OX Welding Supply Company LLC is located.
In the event Customer provides the cylinder to be used, Customer represents that they own said cylinder, warrants that it is fit for the purposes intended and free of defects, and agrees to indemnify and hold A-OX Welding Supply Company LLC harmless from any and all damage, injury, claim and liability resulting from the condition of the cylinder or from the Customer’s use of the cylinder. Customer agrees to provide A-OX Welding Supply Company LLC proof of ownership of said cylinder.
Loaned Cylinder Conditions
Cylinders remain the property of the sellers at all times. Cylinders not on lease or deposit are subject to cylinder rental charges. All cylinders are to be returned within 60 days whether emptied or not, with no credit allowed for residual gas. Buyer shall pay to seller on demand the regular charges for any loss or damages to any cylinders or fittings. Buyer shall not release cylinders to any other person without seller’s consent, and cylinders shall not be refilled, but returned to seller when empty. In the event there is money owing the seller beyond the seller’s usual credit terms, the buyer agrees that the seller has the right to pick up the cylinder at any time during the usual business hours.
DO NOT USE OIL ON CYLINDERS/VALVES
FOR CHEMICAL EMERGENCY CALL
INFOTRACK: 1-800-535-5053
This is to certify that the above-named articles 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.
A restocking or handling charge will be made on all returned goods. 1.50% interest will be assessed monthly on past due accounts (minimum finance charge of $12.50)
RELEASE AND ASSUMPTION OF RISK
The undersigned is buying material, specialty, or medical gases from A-OX Welding Supply Company LLC, which he/she will move by car, closed van or truck. A-OX Welding Supply Company LLC has informed the undersigned that:
- Putting cylinders in cars or vans can be dangerous and should be avoided.
- Cylinders must never be moved in closed spaces such as cars, truck or vans.
- Federal law prohibits smoking within 25 ft. of oxygen, acetylene, propane or other oxidizing or flammable gases.
- Cylinders must be fastened during transport to prevent movement and must have adequate ventilation.
By signing the delivery receipt, the undersigned hereby assumes all risk of bodily injury or death, or of loss or damage to property.
