Indiana Oxygen Company, Inc. - Standard Terms and Conditions

Customer agrees that the sale of all gas products and other items covered by this invoice is covered by the following terms and conditions:

1. Title to Goods:

Title to all goods and merchandise covered by this invoice remain the property of Indiana Oxygen Company, Inc. ("Indiana Oxygen") until paid for in full.

2. Terms of Sale

All sales are to be paid net 30. Interest at the rate of one and one-half (1 1/2%) per cent per month equaling eighteen (18%) per cent per annum shall be assessed on all delinquent invoices. Indiana Oxygen will charge a minimum fee of Twenty-Five Dollars ($25.00) for any check that is returned due to insufficient funds. It is the mutual responsibility of both Purchaser and IOC to determine and verify the accuracy of all invoice pricing and product/cylinder counts immediately at the time of transaction. Such invoices shall be conclusively presumed to be correct and Purchaser waives all rights to dispute or contest said invoice(s) unless Purchaser objects in writing to any charges or counts therein within thirty (30) days of the date of invoice for product(s) and/or service(s), or, in the case of cylinder rental balances, within one hundred eighty (180) days from the date of the most recent cylinder rental statement.

Returned hard good items must be in new condition, in original packaging. Returns may be subject to a 20% restocking fee, plus our original shipping/handling cost. All sales are final after 30 days. Cylinders/Gas are nonreturnable, nonrefundable.

3. Cylinders

All cylinders are rented to the Customer and no title to any cylinder passes to the Customer other than as set forth below.

Customer agrees to pay a deposit of One Hundred Dollars ($100.00) for each cylinder rented. Customer may secure this deposit with cash or a credit card. The deposit will be returned to Customer within forty-five (45) days after Customer returns all cylinders entrusted to Customer to Indiana Oxygen. Customer acknowledges that the deposit, or any portion thereof, may be withheld for damage, unpaid rent, lost cylinders, and/or any outstanding balance remaining on the Customer's account. A daily rental charge at established rates, will be invoiced on the last day of each calendar month. Customer shall be responsible for all loss or damage to any cylinder resulting from any cause while in Customer's possession. Customer acknowledges and acceptance of the cylinders in good condition and agrees to return all cylinders in good condition. All empty cylinders shall be returned to Indiana Oxygen complete with caps. Any cylinders returned without caps shall be subject to an Eight Dollar ($8.00) charge per cap.

4. Failure to Return Cylinders

In case any of said cylinders, fittings or other elements of the gas delivery system should be lost, destroyed or damaged through any cause whatsoever before they are returned to the premises of Indiana Oxygen, or in case the Customer shall fail to return any cylinder or tank within six months from the date of shipment of such cylinder or tank, the Customer agrees to pay the Indiana Oxygen, on demand, the current replacement value of said cylinder or tank; and by such payment does not acquire title to said cylinder(s) or tank(s). In addition, the rental accrued prior to such payment shall also be paid.

5. Use of Cylinders

The Customer agrees that it will not permit the refilling of any of the Indiana Oxygen's cylinders, containers or other delivery system, while in the possession or control of the Customer with any gas, liquid or solids, and will not permit the use of oil or grease or other lubricants on cylinder or tanks, valve or fittings. Customer also agrees that Gas Products purchased under this Agreement are for use by the Customer in Customer's own business and that nothing purchased under this agreement will be resold, while in Indiana Oxygen's containers, or supplied to any person, firm or corporation other than a subsidiary or affiliated company other than as agreed to by the parties in writing.

6. Claims

Claims of the Customer for shortage of Gas Product based on defective valves or other cylinder imperfections or other problems with the chosen delivery system shall be null and void unless they are made in writing within five (5) business days after the receipt of cylinder and unless such cylinder is returned to Indiana Oxygen's shipping point with tag attached and unless defect is established in Indiana Oxygen's testing department.

7. Warranties

Indiana Oxygen warrants that the Gas Products delivered hereunder shall be of standard purity, as defined by the Compressed Gas Association criteria. Indiana Oxygen makes no other warranty of any kind, either expresses or implied, including, but not limited to, any warranty of merchantability or fitness for a particular purpose. Determination of the suitability of the Gas Products furnished hereunder for the use contemplated by Customer is sole responsibility of Customer, and Indiana Oxygen shall bear no responsibility in connection therewith.

8. Injury

Customer acknowledges that there are hazards associated with the use of Gas Products, that it understand such hazards, and that it is the responsibility of Customer to warn and protect its employees, Customers, and others exposed to such hazards. Customer assumes all risk and liability for loss, damage, and/or injury to persons or property of Customers or others arising out of the presence or use of the Gas Products.

9. Customer's Remedy

Indiana Oxygen's solie liability and Customer's exclusive remedy for the non-delivery of Gas Products, or for the delivery of Gas Products not conforming to the specifications shall be limited to the purchase price of the quantity of Gas Products not delivered or the purchase price of the non-specification Gas Products delivered by Indiana Oxygen. Indiana Oxygen shall not be liable in contract or tort for any other direct, or any incidental, special, indirect or consequential damages including by way of illustration and not of limitation, loss of use, and loss of work in progress, downtime, or loss of profit.

10. Collections

In the event Indiana Oxygen is required to resort to legal action to collect any amounts due from Customer, Customer shall be responsible for any and all attorney fees and/or reasonable costs of collection including agent fees.

11. Inconsistent Terms

In the event purchases presented by this invoice are covered by any other written contract by and between Customer and Indiana Oxygen including but not limited to a Reseller Agreement and/or a Customer and Supplier Service Agreement, to the extent any terms are inconsistent, the terms of the other written contracts shall govern the transaction by and between Indiana Oxygen and Customer

12. Additional Terms and Conditions for Cylinder Lease Customers

A. EXCLUSIVE RESTRICTION:

The lessee agrees that it will not permit the refilling of any of the Lessor’s cylinder or containers, while in the possession or control of the Lessee, with any gas, liquid or solid, by any party other than the Lessor, and will not permit the use of oil or grease or other lubricants on cylinder valves or fittings. This Lease shall be binding upon and endure to the benefit of the successors and assigns of the parties hereto.

B. EXCHANGE RIGHTS:

The Lessor agrees to furnish refill service for the cylinder(s) leased to the Lessee, either on an even exchange basis, or by refill of the specific cylinders tendered, at the discretion of the Lessor, F.O.B. plant, Indianapolis, Indiana.

C. HYDROSTATIC TESTING & CYLINDER MAINTENANCE:

It is required by regulation that oxygen, hydrogen, argon and nitrogen cylinders be subject to hydrostatic testing every 5 years (10 years on certain cylinders), and standards of safety precautions require periodic inspection, servicing, and replacement of valves, acetone, safety devices, etc,. covering oxygen hydrogen, nitrogen and acetylene cylinders. The Lessor agrees to furnish such services to the Lessee. The Lessee agrees to deliver to the Lessor on or before the expiration of the 5-year period, any and all oxygen, hydrogen, argon and nitrogen cylinders covered by this agreement, requiring retest for the purpose of permitting Lessor to make the hydrostatic test. This is at no charge to the Lessee.

D. RIGHT OF CANCELLATION:

In the event that Lessee fails to comply with any of the terms and conditions of this Lease, or in the event that the Lessee’s credit balance fails to comply with expressed terms, or in the event that a petition is filed by, on behalf of, or against the Lessee under any provision of bankruptcy law, or receiver is appointed to take possession of the property of the Lessee, or the Lessee is declared insolvent by any court of competent jurisdiction, or takes the benefit of any insolvency law, or makes an assignment for the benefit of creditors, the Lessor, at its option, to be exercised by giving written notice to the Lessee, may terminate this Lease.

13. Release and Waiver of Liability

This Release (Release) is executed on today’s date by and between, Indiana Oxygen Company (“IOC”) and Customer regarding the loading, unloading and transportation by customer of Gas Products, including cylinders or other gas storage units (“Gas Products”).

NOW THEREFORE for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:

Customer acknowledges that there are hazards associated with the use and transportation of Gas Products, that it understands such hazards, and that it is the responsibility of Customer to load, unload, transport and use such Gas Products in a safe and responsible manner. Customer assumes all risk and liability for loss, damage, and/or injury to persons or property of Customer’s or others arising out of the presence, transport, loading, unloading or use of Gas Products.

Customer does hereby release, cancel, forgive and forever discharge IOC and shall indemnify, defend and hold harmless IOC for all expenses and losses (including attorneys’ fees) from and associated with all actions, claims, demands, damages, obligations, liabilities, controversies and executions, of any kind or nature whatsoever, whether known or unknown, whether suspected or not, which have arisen, or may have arisen, or shall arise by reason of the activity described above. Customer does specifically waive any claim or right to assert any cause of action or alleged case of action or claim or demand which has, through oversight or error intentionally or unintentionally or through a mutual mistake, been omitted from this Release.

The provisions of this Agreement must be read as a whole and are not severable and/or separately enforceable by either party hereto.

Indianaoxygen.com privacy policy

What information do we collect

When you visit our web site, we collect Personal Information transmitted by your computer, mobile phone or other access device. This information includes data on the pages you visit, your computer IP address, mobile device identifiers, the type of operating system you’re using, standard internet logging data and other information. Internet log data includes the type of browser you’re using and visits to and from our Site.

In addition, when you open a customer account, we may collect the following: Contact information, such as your name, address, phone, email, company name and other similar information. When you input your financial information, such as credit card numbers, that information is passed directly to the financial institution. We collect the information but do not save it on any of our servers.

We also collect information from or about you in other ways, such as through contact with our customer support team, results when you respond to a survey and from interactions.

We do not consider Personal Information to include information that is anonymous or that we have made anonymous so that it cannot be used to identify an individual customer and does not contain other information that would allow us or others to identify you (“Anonymous Information”).

How do we use your information?

Our primary purpose in collecting Personal Information is to provide you with a secure, smooth, efficient, and customized shopping or customer support experience. We may use your Personal Information to:

  • provide customer support;
  • resolve disputes, collect payments, and troubleshoot problems;
  • prevent potentially prohibited or illegal activities;
  • customize, measure, and improve our web site’s content, layout, and operation;
  • deliver targeted marketing, service update notices, and promotional offers based on your communication preferences;
  • contact you by phone, via text (SMS) message, email, or social networks;
  • compare information for accuracy and verify it with third parties.

How do we share your information?

We may share your Personal Information with:

  • Service providers under contract who help with our business operations in areas such as fraud prevention, bill collection, marketing, and technology services. Our agreements specify that these service providers only use your Personal Information in connection with the services they provide to us and not for their own benefit.
  • Credit bureaus and collection agencies to report account information, as permitted by law when necessary.
  • Companies that we plan to merge with or be acquired by. (Should such a combination occur, we will require that the new combined entity follow this privacy policy with respect to your Personal Information. If your Personal Information could be used contrary to this policy, you will receive prior notice.)
  • Law enforcement, government officials, or other third parties pursuant to a subpoena, court order, or other legal process or requirement applicable to Indiana Oxygen or one of its affiliates; when we need to do so to comply with law or credit card rules; or when we believe, in our sole discretion, that the disclosure of Personal Information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of our contract.
  • Other third parties with your consent or direction to do so.
  • Indiana Oxygen will not sell or rent any of your Personal Information to third parties for their marketing purposes without your consent and only shares your Personal Information with third parties as described in this policy.

We may share Anonymous Information with our customers or other third parties to provide information for analytics, website usage or for other retail purposes.

How do we use cookies, web beacons, and tracking technologies?

When you access our Site, we (including companies we work with) may place small data files on your computer or other device. These data files may be cookies, pixel tags, or other local storage provided by your browser or associated applications ("Cookies"). We use these technologies to: recognize you as a customer when visiting our site; customize content and advertising; measure promotional effectiveness; help ensure that your account security is not compromised; and to mitigate risk and prevent fraud.

We use both session and persistent Cookies. Session Cookies expire and no longer have any effect when you log out of your account or close your browser. Persistent Cookies remain on your device until you erase them or they expire.

We encode our Cookies so that we can interpret the information stored in them. You may encounter our Cookies on Sites that we do not control. For example, if you view a web page created by a third party or use an application developed by a third party, there may be a Cookie placed by the web page or application. Likewise, these third parties may place their own Cookies that are not subject to our control and the Indiana Oxygen Privacy Policy does not cover their use.

How do we protect your information?

The security of your Personal Information is very important to us. We strive to follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. If you have any questions about security on the Site, you can email us at sales@indianaoxygen.com.com.

While we cannot guarantee privacy perfection, we will address any issue to the best of our abilities as soon as possible.

How can you control what information is collected and used? You can control how the various types of information discussed above are captured, even blocking its collection in several ways:

You are free to decline our Cookies if your browser or browser add-on permits, Doing so may interfere with your use of our Site including not being able to place an order. Refer to the help section of your browser, browser extensions, or installed applications for instructions on blocking, deleting, or disabling Cookies.

When checking out, you may do so as a Guest rather than creating a new account. In this case, we will not create an account for you and your personal information will only be stored in association with the order. You will also not be able to log in to see previous orders, managed stored shipping addresses and so forth.

When checking out, you may also decline to subscribe to our newsletter by unchecking the appropriate box. You may also unsubscribe to our email lists by clicking on the unsubscribe link at the bottom of your email. How can you access your information? To the extent that you do provide us with Personal Information, Indiana Oxygen wishes to maintain accurate and complete Personal Information. If you have an Account, you may log-in to your personal profile at any time to add, delete or correct incorrect information.

If you do not have an account, you may email us with the items you wish to correct at sales@indianaoxygen.com.

To opt-out of our data collection practices or for questions concerning our privacy policy:

Please email us at sales@indianaoxygen.com.

Third-party links

Our Site may use a third party to present advertisements or special offers. These third party ad servers may use cookies, web beacons, clear gifs or similar technologies to help present such advertisements, and to help measure and research the advertisements' effectiveness. The use of these technologies by these third party ad servers is subject to their own privacy policies and is not covered by our Privacy Policy. In addition, our Site may contain links to other sites and other sites may also reference or link to our Site. We are not responsible for the privacy practices or the content of other sites.