Phone: 207-784-5788
22 Albiston Way
Auburn, ME 04210
Sales@maineoxy.com

New England's #1 choice for gases, welding products and innovative solutions.

General Terms and Conditions
These terms and conditions represent the entire agreement between the parties hereto and there are no collateral, oral or other agreements or understandings, unless expressly stipulated.

WARRANTIES-DISCLAIMER: Seller warrants all cylinders, equipment or merchandise delivered herewith will meet the manufacture'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, expressed or implied, and all implied warranties of merchantability and fitness for a particular purpose are hereby disclaimed by Seller and excluded from this transaction.

LIABILITY Customer understands and agrees that title to the equipment remains with the Seller, except in the case of a sale of merchandise or equipment, until such time as invoices rendered covering said merchandise or equipment are paid in full. Customers assumes all liability for damages from accident caused by or incurred in the use or transportation of said cylinders and/or equipment. Customer agrees to indemnify and hold harmless the said Seller, its officers, agents, and employees from any and all damages and/or liability to any person whomsoever arising out of resulting from the use, storage, or transportation of said cylinders and/or equipment by the Customer or anyone else while the equipment is in the custody of the Customer. The Customer acknowledges receipt of the cylinders and/or equipment in good working condition and repair and agrees to return it in as good condition subject to reasonable wear and tear, and Customer shall be liable for all damage to or loss of the cylinders and/or equipment regardless of cause until it shall have been returned to, and receipted for, by the Seller. In the events of any accident involving said cylinders and/or equipment, Customer shall promptly furnish to Seller a complete report in writing, with names and addresses of witnesses and parties involved and Customer shall make all reports required by law.

USE RESTRICTIONS None of the above cylinders and/or equipment shall be sublet or loaned by the Customer, nor shall it be removed from the location of the job for which it was intended to be used as above set forth, nor shall it be removed from the county in which it was delivered to the Customer, except by prior written consent to the Seller. If the law requires the user to be licensed, the Customer shall not use nor permit use without such license. In the event of damage, breakage, or mechanical failure of said cylinders and/or equipment for any cause, Customer, at his own expense, shall forthwith return the cylinders and/or equipment to Seller, Customer is not authorized, without prior written consent of Seller, to expend any money or incur any expense for Seller's or Customer's account, for repairs to said cylinders and/or equipment, or for the refilling of said cylinders. Customer shall not make nor permit to be made any changes in said cylinders and/or equipment.

SELLER May terminate this hiring at any time by tender to Customer of unused rent, in which event Customer shall forthwith return cylinders and/or equipment to the Seller at such place, within the County, as the Seller shall designate. Customer shall at his own expense, maintain liability and fire insurance and such other insurance as Seller may request at the time of hiring. In the event of the insolvency or bankruptcy of the Customer, or in the event the Customer violates any of the terms hereof, or fails to return the cylinders and/or equipment, ore in the events the cylinders and/or equipment is levied upon by any legal process, this hiring shall, without notice, immediately terminate and all right of the Customer to possession of agents are herby authorized to go upon Customer's property and may remove impediments and may use all force necessary to retake said cylinders and/or equipment, and Customer 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 said cylinders and/or equipment. In the event of any breach by the Customer hereunder, said Customer promises and agrees to pay all expenses of enforcement hereof and the costs of retaking said cylinders and/or equipment and the Seller shall be entitled to judgment for such expenses and for all rentals, merchandise, and damages due to hereunder, and for reasonable attorney's fees and court costs.

NOTICE OF NON-WAIVER The failure by the Seller, at any one or more time, to insist upon the strict performance by the Customer of the covenants, conditions and/or terms of this agreement, shall not be construed as a waiver of Seller's 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 Customer, and time is expressly made of the essence of this agreement.

RETURNED MERCHANDISE Original invoice must accompany merchandise returned for credit.

RESTOCKING Restocking & handling changes will be made on regularly inventoried merchandise returned. Special order items are not subject to return for credit.

LOANED OR RENTED CYLINDERS AND ITEMS By accepting loaned cylinders or loaned or rented items, Buyer agrees: To return loaned cylinders to Seller on demand: To be responsible for any loss of, or damage to loaned cylinders and to reimburse Seller at the current rate of charges for such loss or damage: To indemnify Seller against all loss arising out of injuries to person, or damage to property connected with the use of the loaned or rented items specified here, the loaned cylinders, or the contents of the cylinders: to reimburse Seller for any reasonable costs and/or attorney's fees incurred by Seller in collecting payment due or enforcing the terms of these conditions: to be responsible for loaned or rented items as to proper care, maintenance, loss or damage of them (normal wear excepted), until such items are returned to Seller. The terms and conditions set forth herein shall apply to and be enforceable by Customer and Seller with respect to any and all merchandise, equipment or cylinders which shall be substituted for or replaced by Seller of the merchandise, equipment or cylinders delivered herewith.

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

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

CLAIMS All claims for defective material, shortages and discrepancies are waived unless made in writing immediately after receipt of shipment.

DISCLOSURE STATEMENT In compliance with the Federal Truth-In Lending Act you may be charged any amount approved by our credit department, and subject to the following conditions:

No FINANCE CHARGE if account paid within 30 days.

A FINANCE CHARGE will be made on any unpaid balance shown on our books on the last day of each month.