243 Each sale of Products (as defi ned below) by Airgas USA, LLC or any of its affi liates (collectively, “Seller,” “we,” or “our”) will be governed by the terms and conditions outlined below, as well as the Terms of Sale available at http://www.airgas.com/terms- of-sale (collectively, the “Terms”). If Buyer cannot access the internet, they may obtain a copy of the Terms of Sale by contacting a representative using the telephone number provided on the front cover of the catalog. “Buyer,” “you” or “your” refers to the individual or entity purchasing Products from the Seller. “Product(s)” refers to any goods or items of tangible personal property provided by the Seller to the Buyer. Shipping | Unless otherwise determined, Products will be shipped to you freight prepaid and added, best way unless otherwise requested. Shipping and handling charges are added to your order where applicable. Items temporarily backordered are shipped immediately when available. If Products are lost or damaged in transit, please contact your Airgas associate immediately, but in no event later than thirty (30) days after shipment. Sales Tax | We are required by law to add sales tax to orders. Tax is charged in accordance with government regulations. If you are tax exempt, please provide your appropriate state tax exemption certifi cate based on where the products are shipped to or your service contract, made out to Airgas Safety, Inc. Returns | Items must be returned within 30 days of receipt. Please contact us for a Return Authorization Number and shipping instructions prior to return. Special order items and custom imprinted products are non-returnable except for defective quality or workmanship. Shipping charges should be prepaid unless otherwise arranged in advance. All merchandise must be carefully packed and will be credited only if in saleable condition. If, for any reason, you are not completely satisfi ed with your selection, we will give you a full refund, credit or replacement for items returned within 30 days of receipt, provided the Product is in original packaging and saleable condition. Custom special orders are non-returnable. Damage/Shortage Claims | We take great care in fi lling, checking and packing your order. On rare occasions, a package may be damaged or lost in transit. If a UPS or common carrier shipment is damaged, please note the damage on the delivery receipt and contact us for assistance. Inventory | Not all items represented in this catalog are in stock. In limited situations, some items may need to be purchased in vendor standard packaging. Itemized Charges | The total amount due from Buyer may include various itemized charges, including, but not limited to: 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 represents a tax or fee paid to or imposed by any governmental authority and all of the charges are retained by Seller. Seller may not specifi cally quantify the relationship between such charges and the actual costs associated with such charges, which can vary by Product, service, time and place, among other things. Warranty | Seller warrants that, at the time of delivery, all Products furnished hereunder shall conform to the manufacturer’s or Seller’s standard specifi cation for the period of time set forth in such specifi cation. Or, if none, for a period of ninety (90) days. 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 MAYBE ALLEGED TO ARISE AS A RESULT OF CUSTOM OR USAGE. Remedies | Buyer’s exclusive remedy for each unexcused failure of Product to meet specifi cation shall be, at seller’s option, to receive a refund of the price of such non-conforming product or replacement thereof with product that meets such specifi cation. Limitation of Liability | NEITHER SELLER NOR SELLER’S SUPPLIERS (“SELLER’S SUPPLIERS”) SHALL BE LIABLE TO BUYER FOR ANY DIRECT DAMAGES (EXCEPT AS EXPRESSLY PROVIDED HEREIN). NEITHER SELLER NOR SELLER’S SUPPLIERS SHALL BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, ARISING OR ALLEGED TO ARISE OUT OF OR IN CONNECTION WITH ITS PERFORMANCE HEREUNDER OR WITH ANY PRODUCT, OTHER ITEMS OF SALE, OR EQUIPMENT SOLD OR LEASED HEREUNDER, WHETHER SUCH DAMAGE RESULTS FROM ANY NEGLIGENT ACT OR OMISSION OR IS RELATED TO STRICT LIABILITY, OR OTHERWISE. IN NO EVENT SHALL SELLER’S LIABILITY ARISING OUT OF THESE TERMS EXCEED THE AMOUNT PAID BY BUYER TO SELLER FOR THE APPLICABLE PRODUCT UNDER THESE TERMS DURING THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD. Representations of Buyer | Buyer represents, warrants and covenants that (i) Buyer will use the Product in accordance with all applicable laws and regulations and in conformance with recognized industry and professional standards; (ii) Buyer will possess skill and expertise in the handling, storage, transportation, treatment, use and disposal of the Products; (iii) Buyer possesses skill and expertise in the handling, storage, transportation, treatment, use and disposal of the Products; (iv) Buyer will ensure that the Products are safe for the intended use and that the Products are handled in a safe and professional manner; and (v) Buyer is an authorized purchaser of the Product. BUYER ACKNOWLEDGES THAT THERE MAY BE HAZARDS ASSOCIATED WITH THE USE OF THE PRODUCTS, THAT IT UNDERSTANDS SUCH HAZARDS, AND THAT IT IS THE RESPONSIBILITY OF BUYER TO WARN AND PROTECT ALL THOSE EXPOSED TO SUCH HAZARDS. BUYER SHALL HAVE THE SOLE RESPONSIBILITY FOR DETERMINING THE SUITABILITY OF ANY OF SELLER’S PRODUCTS FOR THE USE CONTEMPLATED BY BUYER. Compliance/SDS | Buyer, its employees and agents shall comply with all applicable federal, state and local laws regarding the safe handling, transportation and use of the Products, including without limitation under the Emergency Planning and Community Right-To-Know-Act and the Occupational Safety and Health Act. Buyer acknowledges and agrees that Seller has provided Buyer with access to all relevant Safety Data Sheets (SDS). Additional SDS and copies are available: (i) at the local Airgas branch; (ii) by calling 855.625.5285; or (iii) by logging on to Airgas.com. Buyer understands that the Products must not be used without fi rst consulting the SDS. Buyer will familiarize itself with and instruct its employees regarding all information and precautions disclosed in the safety and health information, including without limitation any SDS, transmitted to Buyer by Seller or otherwise available to Buyer from Seller at any other time. Technical Assistance | Unless otherwise expressly agreed: (i) any technical advice provided by Seller with respect to the use of Products furnished to Buyer shall be without charge; (ii) Buyer shall have sole responsibility for selection and specifi cation of the Products appropriate for the end use of such Products; and (iii) SELLER MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND ASSUMES NO OBLIGATION OR LIABILITY FOR ANY TECHNICAL ADVICE, OR FOR ANY RESULTS OCCURRING AS A RESULT OF THE APPLICATION OF SUCH ADVICE. Governing Law; class action and trial by jury waiver | These Terms shall be governed by and construed in accordance with the substantive law of the State of Delaware, without regard to its conflict of laws principles. Both parties hereto hereby waive all right or entitlement to trial by jury in connection with any dispute that arises out of or relates in any way hereto or to Product supplied hereunder. Any claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. Additional Information Blanket Purchase Orders Your blanket purchase order instructs us to ship your frequently used safety products to you on a regular basis. You just tell us when you need the product shipped, where it will be shipped to, and the quantities needed. One purchase order is all you need to save time and inventory space. Call us for more details. Customized Quotes Are you ordering large quantities? Give us a call and we will be glad to provide a quote for you. Electronic Fund Transfer We accept Electronic Fund Transfer (EFT) or telecheck by phone. Call us to make arrangements. Ordering Made Easy Call your dedicated Airgas representative to set up a personalized online account for cylinder balance tracking, invoice payment, easy quotes, reordering, and more or visit Airgas.com/register to register. Terms & Conditions
