TERMS AND CONDITIONS

General Air Service & Supply CO (“Seller”)

Acceptance of Terms

These General Terms and Conditions (“Terms”) govern all sales, rentals, deliveries, and services provided by Seller to the purchaser (“Buyer”) unless Buyer and Seller have entered into a separate product or supply agreement, in which case the terms of such separate agreement shall control in the event of a conflict. Buyer’s acceptance of delivery, execution of any agreement, placement of an order, or payment of any invoice constitutes acceptance of these Terms. Any additional or conflicting terms proposed by Buyer are expressly rejected unless agreed to in writing by Seller.

Claims for Shortage, Damage, or Loss

All claims for shortage, damage, or delivery discrepancy must be made in writing within five (5) calendar days from the date of delivery. Failure to provide timely notice shall constitute the acceptance of delivery as complete and accurate and waiver of any claim related to such discrepancy.

Cylinder Ownership, Control, and Use

All cylinders, unless expressly designated as Buyer-owned in writing, remain the sole and exclusive property of Seller. Buyer agrees that cylinders shall be refilled only by Seller or Seller-authorized facilities, all cylinders shall not be used for resale or refilling by third parties without written consent, and cylinders shall not be altered, modified, or misused. Seller reserves the right to demand return of any cylinder at any time.

Delivery and Risk of Loss

Title and risk of loss pass to Buyer upon delivery or pickup. It is the Buyer’s obligation to monitor the product inventory levels in its system and to provide Seller with sufficient advance notice when ordering product. Buyer will allow Seller to make deliveries as needed within a 24-hour time window. If Seller delivers product during a labor disturbance affecting Buyer, then Buyer assumes the entire risk and agrees to reimburse Seller for any additional costs and all damages to Seller related to such delivery, including attorney’s fees.

Due to the nature of cryogenic liquids, filling losses are incurred during the filling process. These losses are incorporated in the quantity shipped and charged for on our invoices.

Loss, Damage, and Replacement

Buyer assumes full responsibility for all cylinders and equipment while in its possession or control. Buyer shall pay, upon demand for full replacement value for lost or unreturned cylinders and repair or replacement costs for damaged cylinders, valves, caps, or fittings. No return shall be credited without Seller-issued documentation.

Rental Equipment

All rental equipment remains the exclusive property of Seller. Buyer agrees to terms and conditions outlined in rental agreement. Additionally, must use equipment in a safe and customary manner, maintain equipment in good working condition, and return equipment in acceptable condition, ordinary wear excepted.

Pricing and Payment Terms

Prices are subject to change without prior notice and exclude applicable taxes, fees, and surcharges unless otherwise stated. Payment terms are net 30 days from invoice date unless otherwise agreed in writing. Past due balances accrue 1.5% per month (18% annually) or, if less, the maximum allowed by law plus collection costs. Orders are subject to Seller’s ongoing credit approval. Seller may suspend delivery or require prepayment at its discretion.

Returns and Restocking

Returns require prior written authorization and must be unused and in original condition. All returns may be subject to a 20% restocking fee. Items that are non-returnable include: gases, hazardous materials, and or custom or special-order products

Hazardous Materials and Regulatory Compliance

Buyer acknowledges that Products are hazardous. Buyer agrees to comply with all applicable OSHA, DOT, NFPA, and Colorado regulations, ensure proper training of personnel, maintain hazard communication programs, and follow safe handling, storage, and transportation practices. Seller will provide Safety Data Sheets (SDS) upon request. SDS’s may also be found on Seller’s website at www.generalair.com.

Transportation Warning, Assumption of Risk, and Release

There are significant hazards associated with transporting dry ice and/or compressed gas cylinders, particularly those containing flammable or inert gases, in passenger vehicles or vans, including when transported in trunks or passenger compartments. A cylinder leak may result in a fire, explosion, asphyxiation, and or serious injury or death. Buyer acknowledges and assumes risk and understands this warning, voluntarily elects to transport cylinders in such vehicles, assumes all risks associated with such transportation.

Limitation of Liability

To the fullest extent permitted by law, Seller shall not be liable for indirect, incidental, consequential, or special damages, including loss of profits or business interruption. Buyer assumes full responsibility for product selection, suitability, use and application.

Limited Warranty

Seller warrants Products conform to complies with the Compressed Gas

Association’s standards and Seller’s standard specifications. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. If the Product does not conform to warranty listed above, then the Buyer’s sole remedy and Seller’s sole liability, is to require Seller to replace the Product at no cost to Buyer. In order for Seller to properly investigate a Product’s warranty compliance, Buyer must notify Seller in writing of all warranty claims relating to Product and/or Systems within 15 days after delivery, or such claims are deemed waived by Buyer. Seller makes no other warranty of any kind, express or implied, including without limitation warranties of merchantability and/or fitness for a particular purpose.

Release and Indemnification

Buyer shall indemnify, defend and hold harmless Seller, its predecessors, parents, subsidiaries, affiliates, successors and assigns, and their respective officers, directors, employees and agents, of and from all claims, demands, suits and liabilities, and all costs and expenses incidental (including lost profits, sales, or other similar damages) thereto, for injuries (including death) or damages either to persons or property, resulting from, arising out of or in any way related to the operation, handling, or use of the Products and Systems purchased by Buyer other than Seller after their delivery and/or installation, including reasonable attorneys’ fees, unless caused solely by the negligence of. All components of the systems shall remain the property of Seller, and Buyer shall insure that they are not repaired or refilled, except by Seller, and that they are not made subject to any lien or other claim by a third party and shall indemnify Seller for all damages and costs resulting therefrom, including attorneys’ fees. Buyer bears all risks of theft, fire loss, or damage to the systems. Buyer shall indemnify and hold harmless Seller from damage or loss of equipment and also against any claims, suits, damages and expenses resulting by reason of injury or death caused to any person or property due to the use or operation of the Systems, including attorneys’ fees.

Cryogenic Product Losses

Due to the nature of cryogenic liquids, normal losses occur during filling and handling and are included in invoiced quantities.

Service and Monitoring Limitations

Any monitoring or safety-related services are supplemental only and are not guaranteed to be uninterrupted or fail-safe. Buyer remains solely responsible for safety compliance, equipment maintenance, emergency response. Seller shall not be liable for failures of monitoring systems.

Force Majeure

Seller shall not be liable for acts of God, delays or failures due to events beyond its control, including and not limited to: weather, supply chain disruptions, labor issues, government actions, and or utility failures. Seller may allocate supply or cancel orders without liability.

Electronic Acceptance

Electronic acceptance, including email confirmation, online transactions, delivery acceptance, or payment, shall be legally binding under Colorado law, including the Uniform Electronic Transactions Act (UETA).

SMS Terms
By providing your mobile phone number and opting in to receive SMS communications, you consent to receive text messages from General Air Service & Supply related to your relationship with us. You may receive messages regarding your orders, deliveries, account updates, service notifications, or other relevant information related to your business with us.

• Message Frequency: Message frequency may vary depending on your interactions with us.
• Message and Data Rates: Standard message and data rates may apply based on your mobile carrier plan.
• Opt-In: You may opt-in by submitting a contact form and providing explicit consent by checking the box on our contact form.
• Opt-Out: You may opt out of SMS communications at any time by replying STOP to any message. After opting out, you will no longer receive SMS messages unless you opt in again.
• Help: For assistance, reply HELP or contact us at (303) 892-7003.
• Privacy: We respect your privacy. Your phone number and personal information will not be shared or sold to third parties for marketing purposes. Information collected will be used solely to provide relevant communications and services See also: Privacy Policy

Equal Employment Opportunity / Affirmative Action Notice

For information regarding Seller’s EEO and Affirmative Action policies:
https://www.generalair.com/aap-eeo-policy/