These terms and conditions, along with those contained in the applicable Delivery Ticket(s) with Maine Oxy-Acetylene Supply Company ("Maine Oxy"), represent the entire agreement (the "Agreement") between Customer and Maine Oxy with regard to Customer's purchases of gas, equipment, goods, and/or merchandise (collectively the "Goods") from Maine Oxy. All such transactions are subject to the terms and conditions of this Agreement, which apply to any purchase orders or agreements submitted by Customer to purchase Goods from Maine Oxy, whether or not contained in each invoice or delivery notice from Maine Oxy. Any additional or different non-financial terms and conditions contained in any Customer documentation are not accepted by Maine Oxy. There are no collateral, oral, or other agreements or understandings, unless expressly agreed to in writing by Maine Oxy. Maine Oxy reserves the right to accept or reject any order.
This Agreement will also apply to and be enforceable by Customer and Maine Oxy with respect to any and all Goods which are substituted for or replaced by Maine Oxy for the Goods originally delivered under this Agreement.
This Agreement cannot be altered, changed, or waived except in writing by Maine Oxy.
Customer understands and agrees that title to Goods remains in Maine Oxy until such time as said Goods are paid in full.
All Goods will conform to the standard specifications established by Maine Oxy, and comply with applicable compressed gas association standards required by law. Customer is not authorized to extend Maine Oxy's warranty to any third party and Maine Oxy makes no warranty whatsoever with respect to Goods manufactured by others. Maine Oxy 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 and excluded from all transactions. No agent, employee, or representative of Maine Oxy has any authority to bind Maine Oxy to any representation or warranty relating to the Goods other than those specifically provided in this Agreement.
Goods are potentially dangerous and are intended only for use by persons trained and qualified in the use, maintenance, and operation of commercial, industrial, and medical gases and related equipment, supplies, and procedures.
Customer assumes all liability for damages, including reasonable attorneys' fees and costs, arising out of or from or related to any accident caused by or incurred in the ownership, use, storage, maintenance, or transportation of the Goods. Customer agrees to indemnify, defend, and hold harmless Maine Oxy, its officers, employees, subcontractors, and agents from and against any and all damages and liabilities to any person whomsoever arising out of or from or related to the ownership, use, storage, maintenance, or transportation of the Goods sold to it.
In the event of litigation, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred by it. This Agreement is governed by Maine law. Customer agrees that any action relating to this agreement shall be brought in state or federal court in Maine, and consents to their jurisdiction.
LIMITATION OF LIABILITY
Under no circumstances will Maine Oxy be liable for any incidental or consequential damages. The liability of Maine Oxy for defective or undelivered Goods will be limited solely, in Maine Oxy's discretion, to replacing the Goods or granting Customer a credit or refund in the amount of the contracted price of the Goods. Maine Oxy shall not be liable to Customer or any other person for damage, loss, injury, or expense, whether direct, special, or consequential, and whether in the form of personal injury, pecuniary loss, increased expense, or otherwise. The remedies provided for in this Agreement shall be exclusive and the sole remedies of Customer.
The original invoice must accompany all returned Goods.
Restocking & handling charges will be assessed on regularly inventoried Goods that are returned. Special order items are not subject to return.
CUSTOMER'S REPRESENTATION OF SOLVENCY
Customer represents to Maine Oxy that Customer has not ceased to pay its debts in the ordinary course of business, it can pay its debts as they become due, and it is solvent within the meaning of the federal bankruptcy act.
All claims for defective material, shortages, and discrepancies are waived unless made in writing immediately after receipt of Goods.
NOTICE OF NON-WAIVER
The failure by Maine Oxy at any time to insist upon the strict performance by Customer of the covenants, conditions, and/or terms of this Agreement shall not be construed as a waiver of Maine Oxy's right to demand strict compliance with and performance of all covenants, conditions, and/or terms of this Agreement. Notice of demand for strict compliance is hereby waived by Customer, and time is expressly made of the essence of this Agreement.
Customer shall not assign or transfer this Agreement, any order, or Customer's right to receive Goods from Maine Oxy without the prior written consent of Maine Oxy. This Agreement is binding upon the parties and their successors and permitted assigns.
PAYMENT; DISCLOSURE STATEMENT
In compliance with the Federal Truth-In-Lending Act, Maine Oxy may charge any amount approved by its credit department, subject to the following conditions:
No FINANCE CHARGE will be charged if Customer's account is paid within 30 days of invoice date. If not, a FINANCE CHARGE of 1.5% per month will be charged on all unpaid amounts. This is an ANNUAL PERCENTAGE RATE OF 18%. A MINIMUM FINANCE CHARGE of $3.00 will be assessed. Payments and credits will be applied first to the payment of finance charges, and the remainder, if any, will be applied to the payment of the principal amounts due.
Customer shall promptly reimburse Maine Oxy for any reasonable costs and/or attorney's fees incurred by Maine Oxy in collecting payment due or enforcing this Agreement.
Maine Oxy has created this privacy statement to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for this website: www.maineoxy.com
Personal Data: Maine Oxy respects your privacy and does not sell any personal information or e-mail addresses collected on its website. It also does not share this information with any other organizations not directly affiliated with Maine Oxy. Our website tracks information about the visits to our website through various methods.
These statistics are used internally to provide better services to the public and are not sold or provided to other organizations.
We use your IP address to help diagnose problems with our server and to administer our website.
This site contains links to other sites. www.maineoxy is not responsible for the privacy practices or the content of such websites.
Our site uses an order form for customers to request information, products, and services. We collect visitors' contact information (like their e-mail address). Contact information from the order form may be used to send information about our company to our customers, if permission is provided. The customer's contact information may be used to contact the visitor when necessary.
SHIPMENT(S) WITHIN THE CONTINENTAL U.S.:
EXPRESS SHIPMENTS OR ALASKAN AND HAWAIIAN ORDERS: All express air shipments will be quoted on a per order basis. All air freight charges will be added to your final invoice.
Freight on all shipments to Alaska and Hawaii will be quoted on a per order basis. You will be notified of the actual freight cost of your order when your order is confirmed.
Maine Oxy will also ship most products internationally.
Terms FOB Auburn, Maine. You will be notified of the actual freight cost of your order when your order is confirmed.