The individual or company written on the face hereof is referred to herein as the Buyer. The cylinders recorded in this document, unless shown as Buyer owned, are the property of or the responsibility of Roberts Oxygen Company, Inc. (Seller) and the Buyer agrees to return said cylinders to Seller within thirty (30) days after the date hereof. In the event said cylinders are not timely returned, the Buyer further agrees to pay to Seller as liquidated damages and not as a penalty, an amount, hereinafter referred to as a demurrage charge payable, in accordance with the following calculation:
Total cylinders in Buyer's possession on the last calendar day of each monthly billing period, less the total number of cylinders delivered to Buyer during that monthly billing period, with the result being multiplied by the number of calendar days in that monthly period, then multiplied again by the prevailing daily rate per cylinder.
The Buyer agrees to pay to Seller at its standard list sale price, for any loss of unauthorized detention or damage beyond repair of any said cylinders or fittings resulting from any cause while in the control or possession of the Buyer.
Seller reserves the right to demand return of cylinders, full or empty within ninety (90) days of delivery and failure to return said cylinders full or empty after said ninety (90) days shall constitute an unauthorized detention by the Buyer. No claim that cylinders have been returned by the Buyer will be honored unless the Buyer holds a valid signed receipt on the form provided by Seller evidencing such return.
Buyer agrees to pay Seller's reasonable attorney's fees and court costs if Seller is required to take legal action to enforce its rights under this agreement, including but not limited to action to recover cylinders or to collect sums due to Seller. The exclusive venue for claims brought by either party is the trial courts of Montgomery County, Maryland. The parties agree to waive trial by jury.
Refilling of loaned cylinders, except by Seller or its authorized refilling station, or loaning of cylinders without the Seller's written consent is prohibited.
RETURN POLICY — We can accept the return of stock merchandise if it is in new and unused condition. However, all returns must be preauthorized and there is a 20% restocking fee for this service.
LIMITED WARRANTY: SELLER WARRANTS THAT THE PRODUCTS DELIVERED TO BUYER WILL CONFORM TO THIS DESCRIPTION ON THE FACE HEREOF. IN THE CASE OF INDUSTRIAL GAS PRODUCTS DELIVERED HEREUNDER, THE SAME SHALL BE OF STANDARD COMMERCIAL PURITY. SELLER MAKES NO OTHER WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN FACT OR BY LAW. THE ONLY LIABILITY OF SELLER FOR ANY OF SELLER'S PRODUCTS NOT CONFORMING TO THE ABOVE SHALL BE THE REPLACEMENT THEREOF AT NO COST TO BUYER.
LIMITATION OF LIABILITY: SELLER SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE PRESENCE OR USE OF ANY OF SELLER'S PRODUCTS, WHETHER USED SINGLY OR IN COMBINATION WITH OTHER PRODUCTS OR SUBSTANCES, DETERMINATION OF THE SUITABILTY OF ANY OF SELLER'S PRODUCTS FURNISHED HEREUNDER FOR THE USE CONTEMPLATED BY BUYER IS THE SOLE RESPONSIBILITY OF BUYER AND SELLER SHALL HAVE NO RESPONSIBILITY IN CONNECTION THEREWITH. BUYER ASSUMES ALL RISK AND LIABILITY FOR LOSS, DAMAGE, OR INJURY TO PERSON OR PROPERTY OF BUYER OR OTHERS ARISING OUT OF THE USE OR POSSESSION OF SELLER'S PRODUCTS. BUYER WILL INDEMNIFY SELLER AGAINST ANY CLAIM OF INJURY, LOSS OF LIFE, OR PROPERTY DAMAGE ARISING FROM OR RELATED TO BUYER'S USE OR POSSESSION OF THE PRODUCTS.
HAZARDOUS NATURE OF PRODUCTS AND TRAINING OBLIGATION — Buyer acknowledges that the Cylinders, Products and related equipment may be hazardous and must be handled accordingly. Buyer further acknowledges its understanding that the Products may be classified by the U.S. OSHA as hazardous chemicals, and that there are hazards associated with the possession, transportation and use of the Cylinders. Products and related equipment, and that Buyer must take proper account of those hazards and deal with them appropriately.
Buyer shall warn all persons who may be exposed to any hazards relating to the Cylinders, Products, and related equipment. Buyer acknowledges that the Seller has supplied the Buyer with all relevant Safety Data Sheets (SDS) relating to the Products, and that additional copies of the SDS are available from the Seller on request. Buyer is also aware that OSHA regulations requires Buyer to develop and implement a written chemical hazard communications program for its employees regarding all hazardous chemical Products.
ROBERTS OXYGEN COMPANY, INC.