Terms and Conditions of Supply  [ Return to  Who we are  ]

Users are reminded that oxygen and acetylene and other gases are potentially hazardous substances and care should be taken over there storage and use. IT IS DANGEROUS TO USE OIL OR GREASE ON OXYGEN CYLINDERS OR EQUIPMENT. Air Liquide agents can advise the proper handling procedures to be followed. The Cylinder Hirer shall not himself or have any other party attempt to repair or tamper with any cylinder or parts thereon or have them refilled by or through any persons, form or cooperation other than an Air Liquide agent.

CYLINDER HIRE CONDITIONS

1. This agreement is subject to Air Liquide's Terms and Conditions of Supply regarding gas cylinders as are applicable at the date hereof and which shall be deemed to be incorporated herein as if set out in full save and except where there is any inconsistency between Air Liquide's Terms and Conditions of Supply and the Terms and Conditions of this agreement, the latter shall prevail. Air Liquide's Terms and Conditions of Supply are available upon request from Air Liquide's agents.

2. The cylinders, fittings and caps are supplied with respect to this invoice are loaned by Air Liquide to the Buyer, NOT SOLD and are to be returned to Air Liquide's point of shipment in the same condition as when received, ordinary wear and tear excepted.

3. The buyer shall not himself or have any other party attempt to repair or tamper with any cylinders or parts thereof or reloan or otherwise dispose of any of the cylinders or have them recharged with any product, gas, liquid or materials whatsoever by any persons, firm or corporation other than Air Liquide.

4. The buyer accepts full responsibility against loss or damage by fire, theft or otherwise of the cylinder until the cylinder is returned to the Company or its Agent at its premises or is placed on a vehicle of the Company or one of its contractors for return the Company's premises and a receipt obtained; and the Buyer shall hold the Company indemnified up to the agreed value of the cylinder (being the purchase price of the cylinder based on its current market value) against all loss, damage or destruction of any cylinder howsoever caused, and further against the full costs of repair to any such cylinder. Buyers are advised to take out full insurance coverage in respect of all such risks as foresaid.

5. The Buyer assumes all risks and liabilities for the cylinder, and for the use, operation and storage thereof, and for injuries to or deaths of persons and damage to property howsoever arising from or incidental to such use, operation or storage, whether such injury to or death of persons be of agents or employees of the Buyer or of third parties, and such damage to properties be of the Buyer or of others; and the Buyer shall hold the company indemnified from all loss, damages, claims, personal liabilities and expenses, including legal costs, howsoever arising or incurred because of or incidental to the cylinder and the use, operation and storage thereof, and alleged use, operation or storage thereof. Buyers are advised to take out insurance coverage in respect of all such risks as foresaid.

6. In the event of a Buyer failing to return a cylinder to Air Liquide's point of shipment within (6) months from the date the cylinder was shipped to the Buyer or the  expiry date of an extended cylinder hire agreement, whichever is the later, the Buyer shall upon the request of Air Liquide pay to Air Liquide by way of liquidated damages for such failure demurrage and damages, such damages to be calculated in accordance with the current replacement value of the cylinder in question provided that the payment of the amount aforesaid shall not affect the right of Air Liquide to recover possession of the cylinder.

7. Air Liquide may at any time exercise the rights of an owner in respect of the cylinder including the right to enter premises to inspect or recover possession of the cylinder.

8.Air Liquide will not entertain any claims for loss of contents based on defective valves or other cylinder imperfections unless same are made within forty-eight (48) hours after receipt of the respective cylinder by the Buyer and unless the cylinder the cylinder is retuned to Air Liquide stating the defect or defects within the said forty-eight (48) hours.

9. Any new tax or duty imposed during the period of this agreement which may affect it, will be passed on to the Buyer by Air Liquide.

10. The cylinder remains property of Air Liquide at all times and shall not be sold, assigned sub-let, pledged, lent or parted with possession in any manner whatsoever by the Buyer.

The Buyer shall be a bailee only of the cylinder and shall not have or create or permit to exist over the cylinder any mortgage charge lien or other encumbrance.

Air Liquide retains the right to exercise its proprietary power at any time in its discretion and shall have unrestricted access to the Buyer's premises for that purpose.

The cylinder shall be returned to Air Liquide in the same condition as when received. The Buyer accepts full responsibility against loss or damage by fire, theft or otherwise of the cylinder until the cylinder is returned to the Air Liquide agent and a receipt obtained and the Buyer shall hold Air Liquide indemnified up to the replacement value of the cylinder as published by Air Liquide against loss, damage or destruction of the cylinder howsoever caused, and further against the full cost of repair to such cylinder, fair wear and tear always excepted.

EXCHANGE CYLINDER AGREEMENT
CONDITIONS FOR EXTENDED CYLINDER HIRE

1. This agreement is made between Air Liquide Australia Limited ("Air Liquide") and the Cylinder Hirer as shown on the relevant document/form and is subject to the terms and conditions stated.

2. The signing by the Cylinder Hirer of this agreement and the payment of the fee entitles the Cylinder Hirer to hold the cylinders as covered by this agreement from the date and for the period shown.

3. The Cylinder Hirer is entitled to exchange any empty Air Liquide cylinder as described against a full exchange cylinder of the same type and size through the network of Air Liquide agents.

4. Fee upon signing this agreement. The amount shown shall be paid to Air Liquide through its Agent.

5. Renewal/Expiry of this Agreement. At the expiry of the period of the agreement the Cylinder Hirer may retain the cylinders by renewing the agreement for an additional period. The renewal is subject to the payment of a new fee as applicable at the date of renewal for the new period required.

If the Cylinder Hirer does not wish to renew the agreement the cylinder must be returned to an Air Liquide agent together with this agreement and a receipt will be issued.

The Cylinder Hirer is being supplied with industrial, specialty or medical gases from AIR LIQUIDE AUSTRALIA LIMITED which he/she intends to transport by car or closed van.  AIR LIQUIDE AUSTRALIA LIMITED or its AGENT has told the Cylinder Hirer that:

1. Transporting gas cylinders in cars, vans or enclosed spaces in other vehicles is dangerous and should be avoided.

2. Gas cylinders should never be transported in closed spaces such as the boot of a car.

It is EXTREMELY DANGEROUS and could cause an EXPLOSION, FIRE or ASPHYXIATION.

3. In some circumstances, transporting gas cylinders containing liquid oxygen or flammable or toxic gases in an enclosed vehicle or compartment of a vehicle is prohibited by the law.

4. Gas cylinders should be transported in a FIXED UPRIGHT POSITION with windows OPEN FOR VENTILATION.

5. If cylinders are transported on their side they MUST BE FASTENED so they cannot move, with windows OPEN FOR VENTILATION

6. It would be safer to wait and transport the cylinder(s) by open truck, or to let AIR LIQUIDE AUSTRALIA LIMITED or its AGENT, where applicable, arrange delivery.

IF THE CYLINDER HIRER still intends to transport the gas cylinder(s) by car or van then the supply of gases is subject to the Cylinder Hirer agreeing to the following:

THE CYLINDER HIRER assumes the risk of bodily injury the himself/herself or any other person or of loss or damage to the vehicle or any other property directly or indirectly caused by, or resulting from the transporting of the gas cylinder(s) by the Cylinder Hirer, and
RELEASES AIR LIQUIDE AUSTRALIA LIMITED its agents, employees and officers from and indemnifies them against any liability for bodily injury to any person or loss or damage to any property (including but not limited to consequential loss or damage) directly or indirectly caused by or resulting from, the transporting of the gas cylinder(s) by the Cylinder Hirer.

THIS WARNING IS TAKEN BY THE CYLINDER HIRER AS A DISCLAIMER of any liability by AIR LIQUIDE AUSTRALIA LIMITED its agent, employees and officers.