Loaned Cylinder Conditions: The cylinders, fittings and caps covered by this invoice are the property of the Seller, and are loaned, not sold, to the Purchaser only. Purchaser agrees to pay cylinder rental at the current rate per day per cylinder. Refilling, loaning, or reselling of the contents of the cylinders is prohibited. Cylinders, fittings and caps are to be returned to the Seller, in good condition and repair, when the cylinder is empty. Any cylinders, fittings and caps not returned to Seller within 30 days after date of delivery shall, upon demand, be immediately returned to Seller. Purchaser shall, upon demand, pay Seller at Seller’s current valuations, for any cylinders, fittings or caps lost, destroyed or damaged by any cause whatsoever while in possession or control of Purchaser; however, payment by the Purchaser for any such cylinder shall not vest title to such cylinder in the Purchaser, but if any such cylinder so paid for is subsequently returned to Seller, Seller will refund the amount paid, less the cost of putting such cylinder in repair, and jess cylinder rent accrued to the date of such return.
Purchaser shall indemnify and save harmless the Seller from and against any and all loss, damage, claims, or expenses, including attorneys’ fees, arising out of injuries to or death of persons and/or damage to or destruction of property, in any manner caused by, incident to, or connected with the cylinders or the contents thereof while in the possession and control of Purchaser.
Seller makes no warranties (including without limitation warranties as to merchantability or fitness for a particular use or purpose) either express or implied with respect to goods or equipment sold, loaned or delivered hereunder. Furthermore, Seller shall not be liable for any damage, consequential or otherwise, arising out of or in connection with the manufacture, labeling, packaging, delivery, transportation, storage or use of any goods or equipment sold, loaned or delivered hereunder. Warranties for products or equipment will be limited to the manufacturer's warranty applicable to the product or equipment; it is the purchaser's responsibility to comply with the terms of the manufacturer's warranty,
The Purchaser may insure against the foregoing liabilities under standard forms of insurance policies. Whenever necessary Purchaser's policies should be endorsed to provide for coverage and in the event of any loss or damage as aforesaid Purchaser should promptly report such loss or damage to the insurance company and the Seller.
Service and deliveries by the Seller shall be subject to floods, strikes, or other labor disturbances, fires, accidents, wars, delays of carriers, inability to obtain raw materials, failures of normal sources of supply, restraints of governments, or any other similar or dissimilar cause beyond the Seller's reasonable control.
In addition to the price specified herein, the Purchaser shall pay to the Seller, or at its election, to the appropriate taxing authorities, the amount of all governmental taxes, excises or other charges present or future imposed upon or payable or collectible by the Seller with respect to the production, sale, transportation, possession or use of any product or equipment sold, rented or otherwise furnished by the Seller hereunder, except taxes imposed upon or measured by net income.
