These terms and conditions are applicable to the parties of this transaction supplied to you ("Buyer") on this document ("Items") by Keen Compressed Gas Co. ("Seller") and represent the entire agreement between the parties hereto. There are no other agreements or understandings, unless expressly agreed to in writing by the Seller. These terms and conditions supersede any purchase order terms presented by Buyer unless Buyers terms have been agreed to in writing by Seller.

GOVERNING LAW: All sales shall be governed by the laws of the state of Delaware.

TITLE TO ITEMS: Buyer understands and agrees that title to items remains with the Seller until such time as invoices rendered covering said items are paid in full.

LOANED, RENTED OR LEASED ITEMS ("Rented Items") or CYLINDERS ("Rented Cylinders"): Buyer agrees to return all Rented Items in as good condition as received by Buyer subject to reasonable wear and tear, and Buyer shall be liable for all damage to or loss of the Rented Items regardless of cause until it shall have been returned to, and receipted for, by the Seller. By accepting Rented Items Buyer agrees: To return Rented Items to Seller on demand: To be responsible for any loss of, or damage to Rented Items: To reimburse Seller at the Sellers current rate of charges for such loss or damage: To be responsible for Rented Items as to proper care, maintenance, loss or damage of them (normal wear excepted) until such items are returned to Seller; To not sell, or allow encumbrance of Sellers ownership interest in the Rented Items to another party. Buyer, upon receipt of Sellers invoice, shall verify the recorded cylinders shipped and returned on the invoice to the documentation at the time of delivery and report any discrepancies in writing immediately, to This email address is being protected from spambots. You need JavaScript enabled to view it. or to the billing address on this invoice, and at the latest, within 10 business days of the invoice date. Failure to report such discrepancy shall relieve Seller of any obligation to adjust the invoice. If Buyer exchanges Rented Cylinders in excess of their current cylinder balance for a particular gas item number, such excess shall be added to their current rented cylinder balance by Seller and Buyer shall be obligated to rent such cylinder(s) from Seller until returned. Buyer will return all cylinders properly identified as to contents with positive pressure to Seller in a non-contaminated condition ("Usable"). Buyer will pay Seller for any loss or damage to cylinders beyond normal wear and tear and for any cleanup of cylinders returned in a contaminated condition. Seller may terminate this hiring at any time by tender to Buyer of unused rent, in which event Buyer shall forthwith return Rented Items to the Seller. In the event of the insolvency or bankruptcy of the Buyer, or in the event the Buyer violates any of the terms hereof, or fails to return the Rented Items, or in the event the Rented Items are levied upon by any legal process, this hiring shall, without notice, immediately terminate and all right of the Buyer to possession of the Rented Items shall immediately terminate. Seller may retake the same or any part thereof with or without notice and with or without legal process, and Seller and its agents are hereby authorized to go upon Buyers property and may remove impediments and may use all force necessary to retake said Rented Items and Buyer hereby, for itself and its employees, expressly waives all damages and claims of damage or trespass, physical or pecuniary, caused by the Seller in the process of taking and removing Sellers Rented Items. In the event of any breach by the Buyer hereunder, Buyer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said Rented Items and the Seller shall be entitled to judgement for such expenses plus reasonable collection fees, attorney's fees and court costs.

LOSS OF USE: Should Seller become aware that Buyer is no longer in possession of Rented Items, Seller shall bill, and Buyer agrees to pay for "Loss of Use" of the Rented Items. This Loss of Use billing shall not convey title to the Rented Items and shall end the charging of rent or lease fees by Seller. Should the Rented Items be subsequently found or recovered by Buyer and returned to Seller in Usable condition, Seller shall promptly refund the Loss of Use less rental at Sellers standard rates from the date of the Loss of Use billing to the date the Rented Items are returned by Seller.

USE RESTRICTIONS: Buyer shall not permit Rented Items to be sublet, loaned to, or filled by another party. In the event of damage, breakage, or mechanical failure of said Rented Items for any cause, Buyer, at his own expense, shall forthwith return the Rented Items to Seller. Buyer may not repair or modify Sellers cylinders or equipment, or refill Sellers cylinders without Sellers written permission.

INSURANCE: Buyer shall at his own expense, maintain liability and fire insurance for the value of Sellers cylinders and such other insurance as Seller may request at the time of hiring. Regarding any incident causing damage or injury involving said Rented Items, Buyer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Buyer shall make all reports required by law.

WARRANTIES AND CLAIMS: Seller warrants all Items in this transaction will meet the manufacturer's standard specifications for the same or such other specification as may be expressly agreed upon in writing including any written warranty packaged with the item delivered. Seller further warrants that each item delivered will conform to the promises and affirmations of fact made on the container and label of the item by the manufacturer. Seller makes no other warranty of any kind whatsoever, express or implied, and all implied warranties of merchantability and fitness for a particular purpose are hereby disclaimed by Seller and excluded from this transaction. Buyer acknowledges receipt of the Items in good working condition and repair unless Buyer notes damage on the delivery receipt. If Buyer discovers hidden damage or defects, buyer shall report same within 10 business days in writing to the Seller.

SAFETY AND LIABILITY: Buyer acknowledges that there may be hazards associated with Items supplied, including, without limitation, the storage, use and handling thereof, and Buyer agrees that it and its agents or personnel are qualified, trained, and aware of such hazards. Buyer assumes all responsibility for the suitability and the results of using Items alone or in combination with other equipment, articles or substances and in any manufacturing, medical, or other process or procedures. Buyer will notify Seller of any hazards and safety procedures at Buyer's delivery sites and of any anticipated construction, renovation, or change in operations in the area of any delivery site so that any hazards associated with same can be minimized. Buyer will warn and protect its employees, contractors and others exposed to the hazards posed by Buyer's storage, use and handling of Items. Buyer hereby waives any right of subrogation that Buyer, any insurer of Buyer or any third party making a claim through Buyer, may have under this Agreement. SELLER WILL NOT BE LIABLE TO BUYER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES (INCLUDING LOST PROFITS, REVENUES, SALES, DIMINUTION IN VALUE, COVER OR OTHER SIMILAR DAMAGES) ARISING IN CONNECTION WITH THIS AGREEMENT OR WITH RESPECT TO ANY DESTRUCTION OF, DAMAGE TO, OR LOSS RELATING IN ANY WAY TO BUYER’S PROPERTY USED IN CONNECTION WITH THE PRODUCTS, EQUIPMENT OR SERVICES WITHOUT REGARD TO THE NATURE OF THE CLAIM OR THE UNDERLYING THEORY OR CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, EQUITY OR ANY OTHER THEORY OF LAW) ON WHICH SUCH DAMAGES ARE BASED AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR SELLER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Each party will indemnify and hold harmless the other party from and against any and all costs, fees (including reasonable legal fees and expenses), damages, liabilities and claims arising from the injury, illness or death of the indemnifying party's employees in any way related to any activities performed in connection with or Items supplied by Seller or stored, handled or used by Buyer, whether or not such injury, illness, or death is claimed to have been caused by, resulted from, or was in any way connected with the negligence of the party to be indemnified.

NOTICE OF NON-WAIVER: The failure by the Seller at any one or more time, to insist upon the strict performance by the Buyer of the covenants, conditions and/or terms of this agreement, shall not be construed as a waiver of Sellers right to demand strict compliance with and performance of all covenants, conditions and/or terms hereof. Notice of demand for strict compliance is hereby waived by the Buyer, and time is expressly made of the essence of this agreement.

RETURNED ITEMS: Original invoice must accompany Items returned for credit. Items shall be unused, in salable condition, and in original packaging. Restocking & handling charges will be charged on regularly inventoried Items returned. Special order Items are not subject to return for credit.

BUYERS REPRESENTATION OF SOLVENCY: Buyer represents to Seller that Buyer has not ceased to pay its debts in the ordinary course of business, that Buyer can pay its debts as they become due, and that Buyer is solvent within the meaning of the federal bankruptcy act.

NON-PAYMENT: Should it become necessary to place the account with a collection agency and/or attorney, the Buyer agrees to pay all associated fees in addition to all other sums due.

LITIGATION: In the event of litigation, the prevailing party shall be entitled to reasonable attorney’s fees and costs of suit.

DISCLOSURE STATEMENT: In compliance with the Federal Truth-ln Lending Act we may charge as finance charges any amount approved by our credit department. Our policy is to charge the following: No FINANCE CHARGE if account is paid within the agreed terms. A FINANCE CHARGE of 1 ½ % per month will be billed on any unpaid past due balance shown on our books on the last day of each month. This FINANCE CHARGE is computed at a periodic rate of 1 ½ % per month. This is an ANNUAL PERCENTAGE RATE OF 18%. A MINIMUM MONTHLY FINANCE CHARGE of $2.00 will be made on balances not paid within terms.