CONDITIONS OF SALE
MJB Welding Supply, Inc. (Seller) and Buyer agree to the following conditions of sale:

1. Seller certifies that the articles noted hereon are properly classified, described, packaged, marked, and labeled and are in proper condition for transportation, according to the applicable regulations of the Department of Transportation.
2. The cylinders recorded hereon are the property of the Seller, unless otherwise indicated. and are loaned to Buyer subject to terms and conditions hereon. Buyer agrees to return all cylinders promptly, with valves closed, to location from which cylinders originated. No claim that cylinders have been returned to Seller will be honored unless Buyer holds a valid receipt provided by Seller evidencing such return.
3. All cylinders which are the Seller’s property are loaned to Buyer subject to rental charges according to prevailing company policy and rates.
4. Buyer is responsible for Seller’s cylinders including valves and caps while in Buyer’s possession. Buyer shall be liable for the cost of repair or replacement of each cylinder damaged or not returned. Seller shall be the sole judge of whether the cylinder, cap or valve is damaged.
5. Buyer agrees not to refill or permit any other person to refill or use the cylinders in his/her possession except as authorized by Seller in writing.
6. Buyer agrees to hold Seller harmless and indemnify Seller against all loss or damage to persons or property involving cylinders or content thereof from time of acceptance until return to Seller.
7. Claims based on defective valves, cylinders, products, or incorrect cylinder counts are waived unless made in writing within thirty (30) days after receipt by the Buyer. The only liability of Seller for any products not conforming to expected standards shall be the replacement thereof at no cost to Buyer.
8. Buyer shall not use any cylinders not clearly marked as to contents. Return such cylinders to Seller for credit.
9. Terms: 1% 10 days / Net 30 days from date of invoice. 1-1 /2% INTEREST per MONTH will be added until paid ANNUAL RATE is 18% COMPOUNDED MONTHLY. Any tax, assessment or charges levied by any present or future governmental laws, if paid by Seller as the result of the sale described herein, shall be added to the price and paid by the Buyer.
10. Buyer certifies that all cylinders indicated on this shipper as private cylinders are his/her personal property; and should proof of ownership be required, he/she is able to provide such.
11. All items returned for credit must be accompanied by the original packing slip or invoice. Items returned not due to any fault of Seller shall be subject to current handling and restocking charges.
12. No claims for Buyer’s cylinders or material given to Seller for refilling, retesting or repair will be honored unless accompanied by a receipt or claim ticket Seller is not responsible for cylinders or material left over thirty (30) days.
13. Cylinders should be returned with valves closed and with a positive pressure.
14. This invoice contains charges for hazardous materials and delivery. These charges are not required by any governmental agency and will be retained by seller. They are made to compensate seller for handling and disposing of hazardous materials and providing delivery.