The purchaser is buying industrial, specialty, medical gases, or dry ice, from A & B Welding Supply Co., Inc., which he/she will move by car, closed van, or truck. Purchaser realizes that:
- Putting cylinders or dry ice in cars, vans, or inside pickups, or trucks can be dangerous and should be avoided.
- Cylinders or dry ice must never be moved in closed spaces such as car trunks or vans.
- Federal law prohibits smoking within 25 feet of oxygen, acetylene, propane, or other oxidizing or flammable gases.
- Cylinders and dry ice containers must be fastened during transport to prevent movement and must have adequate ventilation.
- The purchaser hereby assumes all risk of bodily injury or death, or of loss or damage to property.
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 $3.00)
DO NOT USE OIL ON CYLINDERS OR VALVES- FOR CHEMICAL EMERGENCY CALL INFOTRACK: 1-800-535-5053
A & B Welding Supply Co., Inc. makes no warranty express or implied, as to the condition, quality or usefulness of any merchandise/cylinder purchased from A & B Welding Supply Co., Inc.
Purchaser acknowledges that the merchandise/cylinders has been inspected and received in good and usable condition. Cylinders shall remain the property of A & B Welding Supply Co., Inc. at all times. Purchaser shall not release any cylinders to any other person or business without written permission of A & B Welding Supply Co., Inc. Purchaser shall not permit cylinders to be refilled by anyone other than A & B Welding Supply Co., Inc., and shall return all empty cylinders promptly to A & B Welding Supply Co., Inc.
No credit shall be allowed for any residual gas remaining in cylinder. Purchaser shall pay to A & B Welding Supply Co., Inc. on demand a charge computed at A & B Welding Supply Co., Inc. then established rates for the loss of, or damage to any cylinders, resulting from any cause whatsoever and occurring while in the possession of Purchaser. Purchaser agrees to pay a cleaning and handling charge for any returned cylinder determined to be unsafe, at A & B Welding Supply Co., Inc. sole discretion.
Purchaser hereby agrees to indemnify and save and hold A & B Welding Supply Co., Inc. 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 Purchaser that the foregoing provision includes, but is not limited to, all claims, losses, liability, omission, or other act or conduct of the Purchaser or any third party acting for or on behalf of the Purchaser.
Cylinders leased to Purchaser are subject to the terms and conditions of A & B Welding Supply Co., Inc. “Lease” and/or “Deposit Agreement” in addition to the terms and conditions contained herein.
Cylinders loaned to Purchaser are subject to either a daily or a monthly Rental Charge. Purchaser agrees to pay to A & B Welding Supply Co., Inc. on demand the current daily or monthly rental on cylinders outstanding to Purchaser each month. Current monthly charges shall be those in effect at the end of the then current month.
In the event Purchaser is delinquent on payments on account, Purchaser agrees that A & B Welding Supply Co., Inc. has the right to pick up any or all cylinders, whether on Lease, Deposit, Monthly Rent, or daily rent at any time during usual business hours. Purchaser 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 Purchaser on A & B Welding Supply Co., Inc. next available payable cycle.
Purchaser hereby agrees that Purchaser has received a copy of this invoice and agreement or is aware of A & B Welding terms on our website, and agrees to pay reasonable attorney’s fees and costs which may be incurred if A & B Welding Supply Co., Inc. 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 Pennington County, where A & B Welding Supply Co., Inc. is located.
In the event the 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&B Welding Supply Co., Inc. harmless from any and all damages, injury, claim and liability resulting from the condition of the cylinder or from the Customers use of the cylinder. Customer agrees to provide A&B Welding Supply Co., Inc. proof of ownership in said cylinder.