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THIS IS TO CERTIFY THAT THE HEREIN NAMED MATERIALS ARE PROPERLY CLASSIFIED, PACKAGED, MARKED AND LABELED, AND ARE IN THE PROPER CONDITION FOR TRANSPORTATION, ACCORDING TO THE APPLICABLE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION.

TERMS & CONDITIONS

BUYER AGREES TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS AND THOSE CONTAINED IN ALL INVOICES AND SHIPPING DOCUMENTS, INCLUDING REVERSE SIDES, WHICH TERMS AND CONDITIONS ARE INTENDED TO BE PART OF THE SAME TRANSACTION OR SERIES OF TRANSACTIONS

SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE QUALITY, MERCHANTABILITY, AND/OR FITNESS FOR USE, OR IN ANY OTHER REGARD THERETO OF THE GOODS SUPPLIED HEREUNDER. THE CUSTOMER SHALL BE DEEMED TO HAVE ACCEPTED THESE GOODS AS IS. SELLER SHALL IN NO EVENT BE MADE LIABLE FOR ANY INJURY LOSS OR DAMAGE, WHETHER DIRECT OR CONSEQUENTIAL, RESULTING FROM THE SALE, LEASE OR USE OF THESE GOODS.

BUYER ACKNOWLEDGES INVOICE IS VALID AND NON-DISPUTABLE UNLESS WRITTEN NOTICE IS SENT TO SELLER WITHIN 30 DAYS OF BILLING DATE.

BUYER SHALL AND DOES HEREBY AGREE TO DEFEND, INDEMNIFY, AND HOLD SELLER, ITS EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, LIABILITY, CLAIM OR EXPENSE RELATED TO THE PRODUCTS, SERVICES, AND EQUIPMENT THAT ARE THE SUBJECT OF THIS TRANSACTION, HOWSOEVER ARISING (INCLUDING SELLER’S OWN NEGLIGENCE), WHICH SHALL INCLUDE BUT NOT BE LIMITED TO ALL LOSS ARISING OUT OF INJURY TO OR DEATH OF PERSONS OR DAMAGE TO OR DESTRUCTION OF PROPERTY; PROVIDED SAID LOSS IS NOT DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SELLER.

IT IS AGREED BETWEEN SELLER AND BUYER THAT SELLER SHALL RETAIN A SECURITY INTEREST IN ALL PRODUCTS SOLD UNTIL SUCH TIME AS THE SPECIFIC INVOICE(S) ON SAID PROPERTY ARE SATISFIED. DEFAULT IN PAYMENT FOR SAID MERCHANDISE SHALL GIVE RISE TO A RIGHT TO REPOSSESSION BY SELLER WITHOUT NOTICE TO BUYER.

ALL ACCOUNTS OVER 30 DAYS AUTOMATICALLY HAVE 1.5% INTEREST ADDED, PER MONTH.

IF COLLECTION PROCEDURES OR SUIT BE BROUGHT ON THIS CONTRACT TO ENFORCE PAYMENT, THE BUYER PROMISES TO PAY COLLECTION COST, COST OF SUIT, AND SELLER'S ATTORNEY FEES.

SELLER DOES NOT ACCEPT ANY TERMS OR CONDITIONS OF SALE INCONSISTENT WITH, OR ADDITIONAL TO, THOSE CONTAINED IN THE EXISTING WRITTEN CONTRACT BETWEEN SELLER AND BUYER. SELLER REPRESENTS THAT WITH RESPECT TO THE PRODUCTION OF THE ARTICLES AND/OR THE PERFORMANCE OF SERVICES COVERED BY THIS INVOICE, IT HAS FULLY COMPLIED WITH ALL PROVISIONS OF THE FAIR LABOR STANDARDS ACT OF 1938, AND AMENDMENT, INCLUDING ALL ORDERS AND REGULATIONS.

AS STATED ON THE FRONT SIDE OF OUR DELIVERY TICKETS, ANY APPLICABLE HAZMAT CHARGES, DELIVERY CHARGES, AND/OR FUEL SURCHARGES ARE TO HELP DEFRAY SOME OF THE COSTS ASSOCIATED WITH ONGOING REGULATORY REQUIREMENTS WITH THE FILLING, MAINTENANCE, RE-QUALIFICATION, STORAGE, HANDLING AND TRANSPORTATION OF CYLINDER/ BULK GASES AND/OR PRODUCTS REQUIRING AN MSDS INFORMATION SHEET. THIS ADDITIONAL FEE BY WESTAIR DOES NOT REPRESENT A FEE PAID TO OR MANDATED BY ANY GOVERNMENTAL AGENCY.

CYLINDERS ARE THE PROPERTY OF AND MUST BE REFILLED ONLY BY THE SELLER AND SHALL NOT BE USED TO RESELL THE CONTENTS THEREOF WITHOUT WRITTEN PERMISSION OF THE SELLER. THE BUYER SHALL PAY PROMPTLY ON DEMAND TO THE SELLER AT THE SELLER'S CURRENT LIST PRICES FOR LOSS OR DAMAGE TO ANY CYLINDER OR FITTINGS, RESULTING FROM ANY CAUSE WHILE IN THE CONTROL OR POSSESSION OF THE BUYER.

CYLINDERS AND BULK TANKS ARE THE PROPERTY OF WESTAIR, AND ARE RENTED TO CUSTOMERS ON EITHER A MONTHLY OR DAILY BASIS.

LIQUID CYLINDERS AND PORTABLE TANKS WILL BE CHARGED AT CURRENT MONTHLY RENTAL CHARGE

WESTAIR DOES NOT DO BUSINESS WITH COMPANIES OR INDIVIDUALS PROPOSED FOR SUSPENSION, SUSPENDED OR DE­BARRED FROM CONTRACTING WITH THE GOVERNMENT. THE COMPANY OR INDIVIDUAL MUST ADVISE WESTAIR PRIOR TO DOING BUSINESS WITH OR ENTERING INTO ANY CONTRACT WITH WESTAIR.