Terms of Service
PLEASE NOTE: These policies only apply to orders placed through the Calgaz Online Store.
For inquiries about Wholesale Terms and Conditions please contact Calgaz at firstname.lastname@example.org.
TERMS AND CONDITIONS
These terms and conditions (the "Agreement") are applicable to (a) the purchase of products or equipment on this website by you ("Customer") from CalgazTM, a division of Air Liquide America Specialty Gases LLC or its affiliate ("AIR LIQUIDE" or "Supplier") or (b) the downloading of any information or materials from this website regardless of whether or not you ("User") completed any registration process. Customer placing an order through this website or downloading materials provided on this website is your/Customer's consent to this Agreement, as modified from time to time. Do not place an order or download any information from this website if you do not wish to be bound by this Agreement. AIR LIQUIDE reserves the right to modify or supplement this Agreement at any time. Because of this, you agree to review this Agreement prior to placing any order or downloading any materials. All modifications or supplements to this Agreement are effective when posted on the web site. In addition, Customer agrees to review all of the safety information provided by Air Liquide, including but not limited to, Safety Data Sheets, labels and safety pamphlets prior to placing any order.
DELIVERIES, INSPECTION AND ACCEPTANCE
Unless otherwise specified, all Products shall be delivered by Supplier by commercial package delivery service at Customer's expense. Delivery of the goods by Supplier to the carrier at the shipping point shall constitute delivery to Customer. Title and risk of loss or damage (for goods being sold) shall pass to Customer upon delivery of goods to the carrier.
It is Customer's duty to check the condition and labeling of goods immediately upon receipt to determine that they are fit for their intended use and report any problems to Supplier immediately. Failure to give timely notice to Supplier shall constitute acceptance of the goods.
Deliveries of goods shall be measured by Supplier using the method regularly used by Supplier for the type of delivery made. Sales are limited to customers with billing and shipping addresses located within the United States.
Cylinder gas Products will be sold to Customer in non-returnable cylinders ("Cylinders"). Customer will handle, use and dispose of Cylinders in compliance with all applicable federal, state and local laws, rules, regulations and other legal requirements and shall defend, indemnify and hold Supplier harmless from and against any and all legal proceedings and damages it may suffer if Customer breaches its obligations under this Section.
Customer shall pay Supplier's price, including hazardous materials, shipping and other charges as specified in the order for the Products purchased. Supplier may revise pricing at any time and the pricing in effect at the time of checkout shall be the pricing charged to Customer for the Products sold.
EXCUSE OF PERFORMANCE
Supplier shall not be liable for failure to perform if prevented by circumstances beyond its reasonable control.
Supplier does not guarantee the availability of any Product offered for sale on this site. Supplier may remove and add Products at any time.
Supplier warrants that gas Products manufactured by Supplier will comply with Supplier's standard specifications. Any other Products manufactured by Supplier will conform to Supplier's standard specifications. Supplier makes no warranty with respect to Products manufactured by others, but will, on request, to the extent permitted, pass on to Customer any applicable manufacturer's warranty. SUPPLIER MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Supplier shall not be liable to customer for incidental, consequential, or punitive damages. Supplier's sole liability and customer's sole remedy for any damages, including but not limited to damages resulting from the products, supplier's failure to deliver such products, the cylinders or the maintenance of the cylinders, shall be limited to, at supplier's option, the refund of the purchase price or replacement of the product, cylinder or service in question. Supplier shall have no liability for any damages resulting from products not manufactured by supplier and customer's sole remedy shall be against the manufacturer and shall be limited to the remedies contained in the manufacturer's warranty.
Customer must notify supplier of any claim within 15 days of the event giving rise to such claim or such claim is waived. The limitations contained in this section shall apply regardless of whether the claim for damages is based on breach of contract, breach of warranty, tort or otherwise, and shall apply even where such damages are caused in whole or in part, by the negligence, gross negligence or acts and omissions of the party claiming damages or the party from whom damages are sought. As used in this section, the term "customer" and "supplier" shall include not only the party to this agreement but also all of its affiliates. The provisions governing damage limitations and indemnity set forth in this agreement shall survive expiration, termination, or cancellation of this agreement.
WARNING CONCERNING HAZARDOUS NATURE OF PRODUCTS AND TRAINING OBLIGATIONS
Customer acknowledges that: (a) the Products and related equipment are hazardous and must be handled accordingly; (b) the Products are classified by the U.S. Occupational Safety and Health Administration ("OSHA") as hazardous chemicals, and that there are hazards associated with the possession and use of the Products, and that Customer must take proper account of those hazards and deal with them appropriately; (c) it will appropriately warn all persons who may be exposed to any hazards relating to any of the Products and equipment and shall train them in the proper use of the Products and equipment; (d)Supplier has supplied Customer with all relevant material Safety Data Sheets ("SDS") relating to the Products, and that more SDS are available from Supplier on request or on this site; (e) OSHA regulations require Customer to develop and implement a written chemical hazard communications program for its employees regarding all hazardous chemical Products; and (f) the Products must not be used without consulting the SDS, and Customer will ensure that all employees, customers and others who may be exposed to the Products receive and refer to the SDS; and after delivery of Products to Customer pursuant to this Agreement, Customer assumes all risk and liability arising out of the presence, storage, transport, modification or use of the Products.
This website may contain links to other website or resources. AIR LIQUIDE neither controls nor endorses such other websites, unless specifically stated and Customers and/or Users who access a link on this site operated by a third party do so entirely at their own risk and are responsible for compliance with all applicable laws. AIR LIQUIDE is not responsible for the content of any third party site, has not reviewed or approved any content that appears on such other websites and does not make any representation or warranty, express or implied, with respect to any link or content on linked sites and shall not be liable for any damages or injury arising therefrom.
This Agreement constitutes the parties' entire agreement with respect to the subject matter hereof. No provision of any purchase order or similar document shall alter or add to the Agreement and there are no other promises, representations or warranties affecting this Agreement.
Notices given in connection with this agreement must be in writing and sent to the party's addresses above or any substitute address that either party may provide to the other by notice hereunder. Notice shall be considered to be given on the date it is sent by prepaid mail or, if otherwise delivered, on the date of delivery.
COMPLIANCE WITH LAWS
Customer shall conform to all laws, ordinances, rules and regulations now in force or hereafter adopted which relate to and/or have jurisdiction over the purchase, storage, use, transportation or sale of the Products, use of the cylinders or equipment, and all other aspects of Customer's operations, including any applicable licensing, permitting and registration obligations and environmental laws. Customer shall obtain all permits, licenses and consents required by such laws, ordinances, rules and regulations. Further, it is the responsibility of the Customer, as stated above, to warn and protect its employees and others exposed to the hazards posed by Customer's storage and use of the Product and the Cylinders.
Customer shall not offer for sale, or resell, any Product purchased from this site.
EXPORT CONTROL LAWS
This site is operated by AIR LIQUIDE from within the United States of America. AIR LIQUIDE makes no representation that the products or equipment are appropriate or available for use in other locations. Those who choose to access this site from other locations do so at their own risk and are responsible for compliance with any applicable local laws. Customer will at all times comply with, and all shipments of Product hereunder will at all times be subject to, U.S., U.K. and/or E.U. export control laws applicable to the re-export of U.S. and/or U.K. goods or technology. Customer will not make any transfer, disposition or re-export of U.S. and/or U.K. origin Product or technical data, including Customer's products incorporating Product sold hereunder (if applicable), which could violate U.S., U.K. and/or E.U. export control laws, rules or regulations, as applicable.
(a) Customer represents and warrants that Customer is contractually free to purchase product from this site and to perform hereunder and shall indemnify and defend Supplier against all damages Supplier may suffer if Customer's representation is not correct. (b) The laws of the state of Delaware shall govern this Agreement and all proceedings arising out of it or relating to it, irrespective of its conflict of law provisions. The invalidity or unenforceability of any provision of this Agreement under the laws of any state in which this Agreement is in effect shall not affect the validity or enforceability of any other provision of this Agreement. (c) The waiver by either party of any of its rights under this Agreement shall not be construed as constituting a precedent. (d) Prior to either party filing a lawsuit, except to prevent the running of any applicable statute of limitations, all disputes and claims regarding this Agreement shall be submitted to non-binding mediation. If the parties cannot agree on a mediator, one will be selected pursuant to American Arbitration Association rules. (e) The captions, titles, and headings used in this Agreement are intended for convenience only and shall not be used for purposes of construction or interpretation.