Terms and Conditions
ALL TRANSACTIONS ARE GOVERNED BY SELLER’S TERMS AND CONDITIONS OF SALE. ANY PROPOSAL THAT INCLUDES DIFFERENT OR ADDITIONAL TERMS THAT VARY FROM CTWS, LLC’S (“SELLER”) TERMS AND CONDITIONS OF SALE ARE OBJECTED TO AND DISALLOWED. NOTWITHSTANDING THE FOREGOING, ANY SUCH COUNTERPROPOSALS BY BUYER SHALL NOT OPERATE AS A REJECTION OF THE CONTRACT OF SALE, BUT AS A REJECTION OF THE ADDITIONAL OR DIFFERENT TERM(S)
PRICES SUBJECT TO CHANGE WITHOUT NOTICE
BASIS ON WHICH CYLINDERS ARE LOANED: Buyer shall return each cylinder when empty to the Seller from which the same was shipped. The Seller charges rent at the current rate per cylinder per day on those loaned cylinders not returned to the Seller, which rental charge the Buyer agrees to pay on demand. The Buyer shall also pay to the Seller promptly on demand established rates and valuations for loss of or damage to any of said cylinders or fittings resulting from any cause after delivery thereof to the Buyer and until returned to the Seller. Rental fees are assessed as of the last day of each month or at the start of each annual lease period, as applicable Seller shall monitor cylinder deliveries and returns hereunder. Each invoice for rental fees will show a number of cylinders outstanding as of the date of such invoice. The balance shown on any such invoice shall be deemed correct and conclusive unless Buyer submits a notice of dispute in writing to Seller within ninety-five days after the date of such invoice. Seller will charge Buyer loss of use at the retail price for any cylinders not returned to the Seller within a 90-day period. Buyer shall continue to pay rental fees on all cylinders until (i) such cylinders have been returned to Seller or (ii) payment has been made with respect to loss or damage thereto as set forth below. Buyer shall keep all cylinders in secure locations. Cylinders shall remain the property of Seller. Refilling of cylinders is prohibited.
CONDITIONS OF SALE: It is agreed that title to the merchandise listed on the face of this invoice does not pass until paid for in full. Should the merchandise be gas, Seller retains title to the unused portion until total amount of this bill has been paid. If necessary to institute legal action to enforce collection of the amount due under this invoice, Buyer agrees to pay all necessary costs and attorney’s fees. Unless so stated in writing all accounts due and payable on the 10th of the month following date of purchase. A FINANCE CHARGE which is computed by a “periodic rate” of 1 ½% per month, which is an ANNUAL PERCENTAGE rate of 18%, applies to all past due amounts. Seller’s repossession of merchandise sold hereunder shall not preclude his right to recover a deficiency from the Buyer if the price received is not sufficient to pay the amount due hereunder.
RETURN OF PRODUCTS. No Products shall be returned to Seller without Seller’s written authorization. Buyer shall pay a fifteen percent (15%) restocking Charge on all Products returned to Seller, except for returns purchased by special order, Buyer will pay a twenty-five percent (25%) restocking charge. There are no returns for products that are were purchased 60 days prior to return date. Notwithstanding the foregoing, certain Products, including nitrile gloves, disposable clothing, and disposable respirators are sold on a final, non-returnable, non-refundable basis.
TAXES. Prices are exclusive of any amount of federal, state and/or local excise, sales, use, property, retailer’s occupation, gross receipts, or similar taxes which may be imposed in connection with a transaction. Buyer shall pay all such taxes, except Seller’s income tax, either directly to the relevant taxing authority or as collected by Seller. In the event that Buyer claims exemption, full or partial, from such taxes, a properly completed exemption certificate with a list of the applicable exempt purchases, which will be acceptable to the appropriate taxing authorities, must be provided. Buyer will provide the applicable exemption certificate for each Buyer location. Should such certificate be found invalid, Buyer agrees to bear the burden of any interest and penalties assessed.
ONLINE PRICING. Online pricing may not be available at all of Seller’s retail branch locations. Online pricing may not be valid for Buyer’s locations outside of the contiguous 48 United States, including for Buyer’s locations in Alaska, Hawaii, Guam, American Samoa, Puerto Rico or the U.S. Virgin Islands.
SECURITY INTEREST: Buyer hereby grants Seller a security interest in the merchandise being sold as security for payment of the debt set forth herein, or any other monies owed Seller by the Buyer, and Buyer authorizes Seller to file a financing statement, or other necessary documentation, to perfect such security interest. Besides all rights set forth in the Uniform Commercial Code, Seller shall have the right to retake possession of the equipment or merchandise sold hereby to satisfy any debt due and owing the Seller.
DISCLAIMER OF WARRANTIES: There are no warranties which extend beyond the description on the face hereof, specifically there are no valid oral warranties by Seller or Seller’s agents and Seller makes no warranties of any kind, express or implied, whether of fitness or against infringement or otherwise, except that the material sold hereunder shall be of merchantable quality and shall conform to the specifications set forth herein; and Buyer assumes all risks whatsoever as to the result of the use of the material purchased, whether used singly or in combination with other substances. Seller shall not be liable for special, indirect, or consequential damages of any kind, or for damages arising from the presence or use of products delivered. In cases of equipment or supplies manufactured by companies with warranty policies different from Sellers, the applicable warranty of the original manufacturer will apply.
NSF Checks and Credit Card charges cancellation: If a check tendered for payment is not honored by the bank for nonsufficient funds (NSF), it will not be redeposited. If the bank does not clear your check, you will incur a fee of $25, $35 for every subsequent NSF check. Visa, MasterCard, Discover, American Express and other types of electronic transactions that are not approved or declined will also be subject to a $25 handling fee. You must immediately contact our accounting department and make a suitable payment to cover the funds and fee.
GENERAL WAIVER OF LIABILITY
Buyer agrees to secure and protect itself, and shall defend, indemnify and hold harmless Seller and its directors, officers, and employees from any liability, claim of liability, expense, causes of action, demands, any loss or damage whatsoever for any injury, including death, to any person (including without limitation, Buyer or Buyer’s employees, agents or subcontractors) or property, it being the intent of this Agreement to protect, defend and indemnify CTWS LLC from any and all loss or injury (including death) arising out of or in connection with the products purchased or work performed using materials purchased under this purchase and agreement.
The Buyer acknowledges that inhaling or breathing compressed gas, that is not intended for inhalation, is an improper use of the product. The Buyer agrees that the compressed gas sold by the Seller to the Buyer shall not be used for breathing or inhaling unless otherwise prescribed and Buyer shall not use or permit the use of the compressed gas for such purpose or provide the compressed gas to any person who will, in turn, permit or provide the compressed gas for inhalation or breathing.