Comet Propane Cylinders
AMTROL INC. (“AMTROL”) TERMS AND CONDITIONS OF RETAIL LIQUID PROPANE GAS (LPG) CYLINDER SALES
YOUR PURCHASE IS EXPRESSLY MADE SUBJECT TO YOUR AGREEMENT TO OUR CONDITIONS OF SALE BELOW, AND WE AGREE TO FURNISH THE GOODS DESCRIBED IN YOUR ORDER ONLY UPON THESE TERMS AND CONDITIONS. AMTROL hereby objects to any additional or different provisions contained in any purchase order or other communication from Purchaser as material alterations and notice of rejection of them is hereby given. You agree to comply with these terms and conditions of sale as well as the AMTROL Website Agreement governing access to the AMTROL website as well as our payment agent’s Privacy Policy.
THIS CONTRACT AND THESE TERMS AND CONDITIONS SHALL CONSTITUTE THE ENTIRE AGREEMENT BETWEEN AMTROL AND PURCHASER, AND SHALL BE GOVERNED BY AND SHALL BE CONSTRUED ACCORDING TO THE INTERNAL LAWS OF THE STATE OF RHODE ISLAND.
1. Price. The prices of the Cylinder are those specified on the Website on the day of the Order. All federal, state and local taxes and other governmental charges now and hereafter levied upon the production, sale and use or shipment of the Cylinder will be charged to and paid by the Purchase.
2. Freight and Shipping Terms. The Price of the Cylinder includes shipping, unless otherwise specified. For its own protection, Purchaser should examine the shipment at its arrival to ascertain if in good order.
3. Product and Packaging Changes. AMTROL reserves the right to make reasonable changes to the Product of any kind without notice.
4. Delivery and Force Majeure. Shipping dates are based upon receipt of payment and all necessary information. AMTROL reserves the right to make delivery in installments. Delay in delivery of any installment shall not relieve Purchaser of its obligations to accept remaining deliveries. Claims for shortages, damage or other errors must be made in writing to AMTROL within thirty (30) days after receipt of shipment, and failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by Purchaser. AMTROL will be liable for a failure to perform its obligations hereunder caused by: strikes or other labor disturbances, inability to obtain equipment, parts, materials or supplies, acts of governments or of agencies thereof; fires, storms, floods or other natural disasters, machinery breakdowns, failure of utilities, war; embargoes, civil disturbances, acts of God, terrorism, or any other cause not reasonably within the control of AMTROL.
5. Purchaser Obligations and Warranties. Purchaser’s exclusive remedy for breach of warranty is as follows: AMTROL warrants to Purchaser for the period of one year from delivery, the CoMet® Cylinder and valve (“Cylinder”) shall be free of defects in material and workmanship under normal use and service when used in accordance with all applicable federal, state, and local laws and regulations. If within such one year period, Purchaser notifies AMTROL that the Cylinder failed to conform to this Warranty, AMTROL will, at its option replace or repair the Cylinder, or refund the original purchase price of the Cylinder (subject to the following Conditions):
| (1) (a) AMTROL must be notified promptly of any claim; (b) Purchaser must return Cylinder at their own expense or make the Cylinder available for inspection by an AMTROL representative and AMTROL must be given an opportunity to verify Purchaser’s claim; and (c) Purchaser must provide the original sales receipt to identify the date of purchase. This Warranty does not cover any claims submitted to AMTROL more than 30 days after expiration of the applicable warranty time period described in this Warranty; and |
|
| (2) This Warranty is void and does not apply in cases of damage to the Cylinder or the claim arises in whole or in part from abuse, misuse, negligence, misapplication, external damage, improper or negligent handling, shipping, accident, storage, use, product alteration, lightening, flood or any other environmental condition, or damage caused by inappropriate filling techniques or failure to comply with all applicable legal requirements or any other cause not expressly specified as covered by this Warranty or to any failure or problem resulting from the use of the Cylinder for any purpose other than those specified on the Cylinder or alteration of any part of the Cylinder. |
THESE WARRANTIES AND THE PURCHASER REMEDIES PROVIDED HEREIN ARE EXCLUSIVE AND ARE GIVEN IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES. NO AMTROL REPRESENTATIVE OR ANY OTHER PARTY IS AUTHORIZED TO MAKE ANY MODIFICATION OR CHANGE TO THIS WARRANTY. ANY IMPLIED WARRANTIES THE PURCHASER MAY HAVE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE THAT MAY PURPORT TO EXTEND BEYOND OR VARY FROM THE EXPRESS WARRANTIES CONTAINED HEREIN ARE DENIED AND DISCLAIMED. THE PARTIES HERETO DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR ALL CONSEQUENTIAL, INCIDENTAL, SPECIAL AND CONTINGENT DAMAGES WHATSOEVER AND HOWEVER ARISING WHETHER RESULTING FROM THE USE, MISUSE, OR INABILITY TO USE THE CYLINDER OR FROM DEFECTS IN THE CYLINDER OR FROM AMTROL’S OWN NEGLIGENCE OR OTHER TORT WHETHER BASED ON WARRANTY, CONTRACT OR OTHER THEORIES. This exclusion applies regardless of whether such damages are sought for breach of warranty, breach of contract, negligence, strict liability, in tort or under any other legal theory. Some states do not allow the limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
This Warranty only applies to the Cylinder and does not apply to any other proudct or device including, but not limited to gas grills, LP-Gas Regulators or any other equipment attached to the Cylinder, which are not manufactured by AMTROL. AMTROL’s liability with respect to breaches of warranty shall be limited as provided in this Section 5 hereof. With respect to other breaches of this contract, AMTROL’s liability shall in no event exceed the purchase price of the Cylinder at issue. All the limitations and disclaimers contained in this paragraph and in the rest of this contract shall apply to claims of Purchaser's customers or any third party asserted by Purchaser against AMTROL for indemnity or contribution, as well as to direct claims of Purchaser against AMTROL.
6. Acceptance. The Cylinder shall be deemed accepted by the Purchaser unless notice of defect, shortages and variances is received within thirty (30) days of shipping thereof and the Cylinders are returned to AMTROL within sixty (60) days of shipping.
7. Credit for Returned Goods. Goods may not be returned for credit unless AMTROL has agreed to accept the return in writing. Where returns are accepted, a deduction of 25% will be made for handling and restocking. All transportation costs for Cylinders must be paid by the Purchaser.
8. Patents, Trademarks and Copyrights. AMTROL will, at its own expense, defend any suits that may be instituted by anyone against Purchaser for alleged infringement of any United States patent, trademark, or copyright relating to the Cylinder. Purchaser shall give AMTROL immediate notice in writing of any such suit and transmit to AMTROL immediately upon receipt all processes and papers served upon Purchaser and permit AMTROL through its counsel, either in the name of Purchaser or in the name of AMTROL, to defend the same and give all needed information, assistance and authority to enable AMTROL to do so. Notwithstanding the foregoing, AMTROL shall not be responsible for any compromise or settlement made without its written consent, or for infringements of combination or process patents covering the use of the Cylinders in combination with other goods or materials not furnished by AMTROL. The foregoing states the entire liability of AMTROL or infringement, and in no event shall AMTROL be liable for special, incidental or consequential damages attributable to an infringement.
9. Compliance with Federal Law. AMTROL complies with all applicable provisions of federal law. Purchaser by acceptance of the Cylinder referenced herein, represents and warrants to AMTROL that neither you nor any of your affiliates, owners, officers, managers or principals (i) is a person whose property or interest in property is blocked or subject to blocking pursuant to Section 1 of Executive Order 13224 of September 23, 2001 Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism (66 Fed. Reg. 49079 (2001)), (ii) engages in any dealings or transactions prohibited by Section 2 of such executive order, or is otherwise associated with any such person in any manner violative of Section 2, or (iii) is a person on the list of Specially Designated Nationals and Blocked Persons or subject to the limitations or prohibitions under any other U.S. Department of Treasury's Office of Foreign Assets Control regulation or executive order.
10. Limitation of Actions. No action, suit or other legal proceeding may be brought in connection with the transactions contemplated by these General Terms and Conditions unless it is commenced within one year after delivery of the Cylinder in issue.
