Terms of Sale
Terms of Sale: Each sale of Goods or services by ASPEN Refrigerants (“SELLER”) is and shall be governed by these Terms of Sale, and the Terms of Sale affixed to the Account Application (if one has been completed). Each Contract for the sale of Goods or services between Seller and Buyer (“Contract”) shall include these Terms of Sale, together with any other material describing the Goods or services being sold, their price, delivery terms, and all other special provisions. “Goods” refers to any items of tangible personal property described in any Contract or otherwise provided by Seller to Buyer.
Refrigerant Cylinder Returns/Deposit: Refillable refrigerant cylinders shall remain the property of SELLER. Such cylinders shall not be used by Customer for purposes other than the storage of gas products purchased from SELLER or the return and reclamation of certain gases (e.g., refrigerants). Each refillable cylinder will be subject to a cylinder deposit fee, as established by SELLER standards from time to time. Unless otherwise specified in a Contract, SELLER will refund the deposit fee when the Customer returns the refrigerant cylinder as follows: 100% if returned within 18 months of sale; 75% if returned within 24 months of sale; 50% if returned within 30 months of sale; and 0% if returned after 30 months of sale. No refund will be made if the cylinder’s condition is deemed to be unfit for reuse, as determined by SELLER, which determination shall be irrefutable sixty days after the cylinder was returned.
Warranty: (i) All gas products furnished by SELLER are warranted for one (1) year from the date of sale to meet Seller’s purity specifications : (ii) other items of sale, re-usable cylinders and other containers furnished by SELLER . are warranted for one (1) year from the date of sale to conform to the description thereof published by the manufacturer at the time of sale; and (iii) non-reusable (disposable) cylinders are warranted for one (1) year from the date of manufacture to conform to the description thereof published by the manufacturer at the time of manufacture. SELLER SPECIFICALLY DISCLAIMS ANY OTHER EXPRESS OR IMPLIED STANDARDS, GUARANTEES, OR WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES THAT MAY BE ALLEGED TO ARISE AS A RESULT OF CUSTOM OR USAGE.
Limitation of Liability: SELLER SHALL BE LIABLE ONLY FOR THE REPLACEMENT OF DEFECTIVE GAS CYLINDERS AND PRODUCTS, INCLUDING THE REPLACEMENT OF GASES THAT DO NOT MEET ITS PURITY SPECIFICATIONS WITH GASES THAT DO MEET SUCH SPECIFICATIONS. ALL WARRANTIES FOR GAS PRODUCTS ARE VOIDED UPON (1) TAMPERING WITH OR REMOVAL OF VALVE SEALS, (2) REMOVAL OF ANY CONTENTS FROM THE CYLINDER OR CONTAINER OR, (3) REFILLING OF CYLINDER OR CONTAINER. BUYER KNOWINGLY AND FULLY ASSUMES THE RISKS OF TRANSPORTING AND USING COMPRESSED GASES. SELLER SHALL NOT BE LIABLE FOR ANY DIRECT (EXCEPT AS EXPRESSLY PROVIDED HEREIN), INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, ARISING OR ALLEGED TO ARISE OUT OF OR IN CONNECTION WITH ITS PERFORMANCE OF ANY OBLIGATIONS OR ANY PRODUCT, OTHER ITEMS OF SALE, OR EQUIPMENT SOLD OR LEASED BY SELLER, WHETHER SUCH DAMAGE RESULTS FROM ANY NEGLIGENT ACT OR OMISSION OR IS RELATED TO STRICT LIABILITY, OR OTHERWISE.
Delivery Terms: Unless otherwise specified in a Contract, all Goods are shipped FOB point of origin.
Terms of Payment: Unless otherwise specified in a Contract, Buyer shall make payment in full within 30 days after the date of Seller’s invoice. Continued open account credit is subject to Seller’s assessment of Buyer’s financial condition and ability to pay. A late payment charge of 1.5% on the unpaid, past due balance, will be assessed monthly (minimum two dollars ($2.00), or the maximum lawful rate allowable in the state where the Goods are delivered, whichever is less.
Surcharges: Upon notice and receipt of underlying documentation, Buyer shall pay to Seller a surcharge in the event of any extraordinary or emergency increases in the cost of (a) power and/or raw materials used in the production of Products and/or (b) fuel.
Title to Equipment: Title to all rental equipment shall remain in Seller’s name. Buyer shall not cover, modify, remove or otherwise disturb any identification or other indicia of Seller’s ownership on any rental equipment.
Taxes: Any taxes imposed by federal, state, or other governmental authority on the sale, use or possession of Goods, or the sale or performance of services by SELLER, shall be paid by Buyer in addition to the purchase price.
Itemized Charges: (a) The total amount due from the Buyer may include various itemized charges, including: charges for the handling of hazardous materials and for compliance with laws and regulations concerning hazardous materials; charges for handling, delivery and shipping; and/or charges for energy or fuel. None of the charges represent a tax or fee paid to or imposed by any government authority, and all of the charges are retained by the Seller. The Seller has not specifically quantified the relationship between the charges and the actual costs associated with the charges, which can vary by product, service, time and place, among other things. (b) No such charges not already provided for in a Contract, or in a Rider to the Contract will be imposed without mutual consent.
Government Contracts: SELLER is a U.S. government contractor and is subject to and adheres to the requirements of federal laws, executive orders, and attendant rules and regulations.