TERMS & CONDITIONS OF SALE
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
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
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
This site contains links to other sites. www.maineoxy is not responsible for the privacy practices or the content of such
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.