1. Sale and filling of ALbee™Cylinder
The Customer shall purchase from Air Liquide Canada Inc. (“Air Liquide”) or from a participating Air Liquide authorized dealer/point of sale (“Authorized Dealer”) the ALbee™cylinder(s) (“Cylinder(s)), filled with product(s) which may include acetylene, oxygen, nitrogen, argon and argon mixture (“Product(s)”). Air Liquide agrees to supply a full Cylinder of similar size or type in exchange for each empty Cylinder covered by this agreement that is returned in good condition by the Customer. The Customer acknowledges and accepts that the Cylinder supplied by Air Liquide or an Authorized Dealer during the exchange process shall be taken from a pool of Cylinders and may not be of the same year or in an identical condition. Air Liquide shall sell the Product contents of each full Cylinder to the Customer at the time of exchange. The Customer shall pay the price of the Product at each exchange. The Customer acknowledges that the benefits of this exchange service as well as the maintenance service provided in section 2 below are supplied on the condition that the Customer does not have Cylinders refilled by anyone other than Air Liquide or an Authorized Dealer. Any such unauthorized refilling and/or exchange constitutes a breach of these terms and conditions and a safety risk to both the Customer and anyone attempting to refill the Cylinder. The Product and Cylinder shall be for the Customer’s own use and not for resale.
2. Maintenance and periodic safety checks
Air Liquide shall perform routine maintenance of the Cylinders. Air Liquide shall also perform regular safety checks of the Cylinder, cap and integrated regulator during the filling or refilling of such Cylinder. Such obligations will be in force only if: i) the Customer does not, and does not allow any third party to, alter, adjust, repair or tamper with the Cylinder or any part or accessory thereof; and ii) the Customer does not have the Cylinder refilled with any Product, gas, liquid or other material whatsoever by any person, firm or corporation other than Air Liquide, even in the case of force majeure. Air Liquide shall also perform all pressure testing required by applicable regulations and industry standards.
3. Product Warranty
Air Liquide warrants that the Product sold to the Customer complies with the standards of the Compressed Gas Association and Air Liquide standards. If the Product does not conform to such warranty, the Customer’s sole remedy is to require Air Liquide to replace the non-conforming Product at Air Liquide’s cost. The Customer acknowledges that in order for Air Liquide to be able to properly investigate a claim of non-conformance, the Customer must notify Air Liquide of all claims within ten (10) days of the occurrence. AIR LIQUIDE MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
4. Damaged and condemned Cylinders
Air Liquide will repair any damage to Cylinders which is beyond reasonable wear and tear at the Customer’s expense as per Air Liquide’s then current published rates. If the damage is such that the Cylinder cannot be repaired, Air Liquide will destroy and dispose of the Cylinder safely. In such case, this agreement will terminate and the Customer will not be entitled to any reimbursement.
Title and risk of loss or damage shall pass to the Customer upon delivery of the Cylinder.
6. Liability and Indemnity
The Customer acknowledges having been informed by Air Liquide’s representative or Authorized Dealer of the safe method for handling and carrying Cylinders and agrees herein to completely discharge Air Liquide of any responsibilities that could result from the Customer’s decision to carry the Cylinders in an inappropriate way and/or go against the applicable laws. Subject to the limitations contained in sections 1, 2 and 3, each party will be responsible for and will indemnify the other from and against any and all direct claims and demands, loss or damage to property or persons, at any time caused by or resulting from its negligence, its acts or omissions or those of its agents and employees. Regardless of the circumstances, neither party will be liable to the other for special, indirect or consequential damages howsoever occurring. In any event, Air Liquide shall not be liable for damages in any amount in excess of the purchase price of the Products giving rise to the claim.
7. Safety Information
The Customer acknowledges that the Products are hazardous chemicals, classified as such under the Federal Hazardous Product Act, and that their use in the workplace is regulated by the Provincial Occupational Health and Safety Act and Regulations. The Customer acknowledges that the Cylinder is equipped with an integrated regulator. Any attempt to tamper or modify the Cylinder or gas delivery system is expressly forbidden. Any attempt to correct a malfunctioning cylinder may result in injury and/or serious harm. The Customer acknowledges that there are hazards associated with the transportation, handling, storage, possession and use of the Cylinders and the Products. The Customer represents that it understands the hazardous nature of the Products and the Cylinders and that it is its duty to warn, protect and train as appropriate all personnel and third parties, at its property and that of others, who may be exposed to these hazards. The Customer also acknowledges that Air Liquide or Authorized Dealer has provided it with appropriate Material Safety Data Sheet(s).
8. Return Policy
If the Customer is not FULLY satisfied with the purchase of the ALbee™ Cylinder(s), the Customer may return the Cylinder(s) to an Air Liquide point-of-sale or to an Authorized Dealer and Air Liquide will refund the Customer according to the following rates if such Cylinder(s) are returned in good condition:
Within 6 months of the date of purchase: 70% of the Cylinder unit price paid
Within 12 months of the date of purchase: 50% of the Cylinder unit price paid
Within 24 months of the date of purchase: 30% of the Cylinder unit price paid
Beyond 24 months of the date of purchase: 10% of the Cylinder unit price paid
In order to receive this refund the Customer must produce the original sales invoice from the purchasing location. Any breach of these terms and conditions relinquishes Air Liquide and its Authorized Dealer of their obligation to refund the Customer according to the above rates.
9. General dispositions
This agreement will be binding upon the parties and their successors and assigns. The Customer will not have the right to assign this agreement without the prior written consent of Air Liquide, and such consent will not be unreasonably withheld.
Any notices given in connection with this agreement will be hand delivered or transmitted by facsimile machine to a responsible person of the receiving party or sent by registered mail.
This agreement constitutes the entire agreement between the parties concerning its subject matter. No provision of any purchase order of the Customer will alter or add to the terms of the agreement, and any such provisions will be void. No modification of this agreement will be binding unless it is in writing and signed by an authorized representative of each party.
Should any provision of this agreement become invalid or unenforceable, it shall be considered severed from this agreement and shall not affect the validity of the remainder of the agreement.
This agreement will be governed and construed according to the laws of the province where the Customer is located.