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Terms and Conditions

Terms and Conditions

Terms and Conditions of use

THE TERMS AND CONDITIONS SET FOURTH HEREIN ("TERMS") TOGETHER WITH ANY WRITTEN AGREEMENT EXECUTED BY BUYER AND ACCURATE SPECIALTY GAS EQUIPMENT LLC. ("AGREEMENT") AND ANY OTHER POLICIES OF ACCURATE SPECIALTY GAS EQUIPMENT LLC AS LISTED ON ITS WEBSITE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN ACCURATE SPECIALTY GAS EQUIPMENT LLC, BY AND ON BEHALF OF ITS SUBSIDIARIES AND AFFILIATES, ("ACCURATE SPECIALTY GAS EQUIPMENT LLC") AND BUYER ("BUYER"). BUYER AGREES TO TERMS AND CONDITIONS USE OF www.asgequipment.com ONLINE ORDERING SYSTEM AND ACCEPTANCE OF DELIVERY OF PRODUCTS AND SERVICES TO BUYER FROM ACCURATE SPECIALTY GAS EQUIPMENT LLC. ACCURATE SPECIALTY GAS EQUIPMENT LLC WILL NOT BE BOUND BY ANY OTHER TERMS AND CONDITIONS.

Accurate Specialty Gas Equipment LLC provides www.asgequipment.com (the “Site”), and the services on the Site, to you subject to the following terms and conditions (the "Terms of Use"). These Terms of Use set forth the terms governing your use of the Site. In addition, when you use any service on the Site you will also be subject to the rules, all policies, terms and conditions applicable to such service and such rules, policies, terms and conditions are incorporated herein by reference. Please read these Terms of Use carefully before you continue to use the Site. Your use of the Site in any form and/or your submission of any information through the Site constitutes your agreement to be bound by these Terms of Use.

Accurate Specialty Gas Equipment LLC may modify these Terms of Use from time to time. Modifications shall be effective immediately upon being posted on the Site. You should read these Terms of Use whenever you visit the Site so that you are aware of any modifications. Your use of the Site after modifications have been posted constitutes your agreement to be bound by the Terms of Use as modified. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF USE, DO NOT USE THE SITE AND DO NOT SUBMIT ANY INFORMATION TO ACCURATE SPECIALTY GAS EQUIPMENT LLC THROUGH THE SITE.

Use of The Site

Subject to the terms and conditions of these Terms of Use, Accurate Specialty Gas Equipment LLC hereby grants you a revocable, non-transferable, non-exclusive, personal and limited license to use and view the Site solely for purposes of purchasing or reviewing Accurate Specialty Gas Equipment LLC merchandise and not for any commercial use or for use with, or on behalf of, any third party. Except as expressly permitted by the foregoing sentence, you may not reproduce, redistribute, publish or otherwise use by electronic or any other means any part of the Site or any Content without Accurate Specialty Gas Equipment LLC prior written consent.

You may not use the Site in any manner that interferes with our normal operations or with the use and enjoyment of another user. You may access the Site and the Content only through the user interface provided by us. You agree to use the Site and the services only for their intended lawful purpose and in accordance with all applicable laws.

Trademarks & Copyrights

Our Site includes a combination of content that we, our users and other third parties create (collectively, the "Content"). All of the Content available through the Site, including, but not limited to, written content, interface design and layout, drawings, manuals, photographs, graphics, images, illustrations, marks, logos, sound or video clips, software code and animation, is trademarked or copyright protected. You may not use, store, display, modify, reproduce, publish, transmit, participate in the transfer or sale of, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or Content on the Site in whole or in part. If you would like to request permission to use any of the Content on the Site, please contact us at www.asgequipment.com.

Accurate Specialty Gas Equipment may not be used or displayed without the prior written consent of Accurate Specialty Gas Equipment LLC. Other trademarks, service marks and company names and logos appearing on the Site are the property of Accurate Specialty Gas Equipment LLC, its affiliates or their respective owners that have granted the Site the right to use such intellectual property. No right, title or interest in any Site content or in any trademarks, service marks or company names and logos appearing on the Site is transferred to you as a result of your use of the Site.

Posting and Transmitting Content

You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit, or otherwise make available on the Site ("Your Content"). You agree that Your Content will not violate any right of any third party, including, without limitation, copyright, trademark, privacy or other personal or proprietary rights of any person or entity. You further agree that Your Content will not contain libelous or otherwise unlawful, abusive or obscene material (as determined by Accurate Specialty Gas Equipment LLC in its sole discretion), or contain any computer virus or other malicious code that could in any way affect the operation of the Site or any computer that connects to the Site. You may not use false or misleading contact information, pretend to be someone other than yourself, or otherwise mislead Accurate Specialty Gas Equipment LLC or its service providers. We have the right, but not the obligation, to remove any Content posted to the Site by Site users that may, in our sole discretion, violate these Terms of Use or that is otherwise, in our sole opinion, objectionable. Nonetheless, you understand that by using the Site, you may be exposed to Content that you find offensive or objectionable. Your use of the Site constitutes your acknowledgment that you bear all risks associated with your use of the Site.

Grant of License

You certify that you own all intellectual property rights in Your Content. Accurate Specialty Gas Equipment LLC and its service providers will treat such content posted or transmitted by you as non-confidential and non-proprietary information. Upon posting or transmitting Your Content on or through the Site you grant Accurate Specialty Gas Equipment LLC a worldwide, irrevocable, royalty-free, non-exclusive, license, with the right to sublicense, use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish Your Content and subsequent versions of Your Content for any and all purposes. Please do not send us any creative ideas or any other plans or proposals that you would like to keep confidential and proprietary. You agree that any information that you provide us will be covered by the license granted herein.

Registration and Account Responsibility

Registration on the Site is available to anyone 18 years of age or older who truthfully and accurately provides all required information, including a legitimate email address, and who obtains a unique username and password. Each time you use your username and password on the Site you will be deemed an authorized user of the Site in a manner consistent with these Terms of Use. You are solely responsible for protecting the security and confidentiality of your username and password. You are solely responsible for any and all access to, and activities performed on, the Site including, without limitation, all transmissions and obligations (which shall include, without limitation, all financial obligations) with your username and password whether or not such access or use was authorized by you. You shall immediately notify Accurate Specialty Gas Equipment LLC of any unauthorized access to, or use of, your username and/or password or any other breach or threatened breach of the Site's security of which you become aware.

Privacy Policy

Our Privacy Policy is incorporated as part of our Terms and Conditions. To read it click on the Privacy Policy icon.

Site Direction

The Site is targeted at and intended for visitors residing in the United States. Given the global nature of the Internet, however, the Site may be accessed by visitors residing outside of the United States. We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.

Use of Products

The products sold by Accurate Specialty Gas Equipment LLC are not intended for human consumption and use. Buyer acknowledges that the products may not have been tested for safety and efficacy in commercial or any other use. The products may contain gases and chemicals, which may be harmful if misused. Due care should be exercised with all products to prevent direct human contact. Accurate Specialty Gas Equipment LLC provides material safety data sheets ("MSDS") or other instructions with the initial shipment of products. Buyer shall provide the MSDS and instructions to all personnel of Buyer, and to any third party authorized by Buyer to use products purchased hereunder by Buyer, prior to the handling and use of the products by such personnel or third party. Buyer shall ensure that such personnel at all times use the products strictly in accordance with the MSDS, the instructions, and any warnings on the labels of the products; and Buyer shall obtain written assurances from such third party that the third party will at all times use the products strictly in accordance with the MSDS, the instructions, and any warnings on the labels of the products. Only qualified, trained professionals who are familiar with the hazards associated with such gases and chemicals should handle all gases and chemicals.

Prices, Payments, Taxes

All our prices listed on-line are subject to change at anytime without notice. Buyer will be responsible for any such price changes and taxes at the time of sale or thereafter. Buyer will reimburse Accurate Specialty Gas Equipment LLC of any such price changes, fees and taxes with a payment within net 30 days. Purchase orders placed by corporations and other organizations must be approved by Accurate Specialty Gas Equipment LLC. Approved corporations and other organizations receive net 30 days’ payment terms for their orders. If 30-day payment is not received on any orders the unpaid balance shall bear interest at the rate of 18% per month or the maximum amount allowed by law. To apply for a purchase order approval from Accurate Specialty Gas Equipment LLC. Contact us 215-230-3633.

Buyer will be responsible for any and all type of taxes including federal, state, excise, local sales tax or use tax that applies to their order.

Orders, Transactions, Changes and Cancellations

Accurate Specialty Gas Equipment LLC reserves the right to refuse, in its sole discretion, any order or transactions placed on the Site (including, without limitation, orders placed with incorrect information or errors in pricing, including, without limitation, any such errors made by Accurate Specialty Gas Equipment LLC). Accurate Specialty Gas Equipment LLC further reserves the right to change or modify any order placed on the Site. In the event any order is cancelled or changed, the buyers agree they will be reasonable to pay all fees to Accurate Specialty Gas Equipment LLC. Accurate Specialty Gas Equipment LLC will attempt to notify you of such cancellation or change; however, Accurate Specialty Gas Equipment LLC does not guarantee that you will receive such notice.

Shipping Policy

We can ship to virtually any address within the United States. We do not ship to P.O. Boxes. Note that there are restrictions on some products, and some products cannot be shipped to international destinations. Accurate Specialty Gas Equipment LLC. has the right to refuse any shipment of any order.

Shipping methods used are UPS or FedEx. If the product is large in size and heavy in weight it will be shipped by a common carrier. When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose. Depending on the shipping provider you choose, shipping date estimates may appear on the shipping quotes page.

Please also note that the shipping rates for many items we sell are weight-based. To reflect the policies of the shipping companies we use, all weights will be rounded up to the next full pound.

Accurate Specialty Gas Equipment LLC shall not be liable for any failure or delay of shipments nor any shipments shortages or damages that occurred in transit. Customers must file a claim with the shipping company.

Returns Policy

Accurate Specialty Gas Equipment LLC. has the right to refuse any return order of products purchased. To return products call (215) 230-3633 to obtain a Return Merchandise Authorization (RMA) number before you send it back. Do not send any returns back until you receive your RMA. Any return received without an RMA will not be processed. All products purchased in error and received back as (NEW) not used in the original sealed unopened bag or box packaging and has passed inspection will a credit be issued minus a 35% restocking fee. 

A purge verification letter must be received before a RMA is issued for all products that have been opened and or put into a gas service. A copy of the purge verification letter must also be shipped with the returned item. 

On sale products, discontinued, clearance and custom products as noted in their description are non-returnable and cannot be returned for credit. They are non-refundable. 

Items must be sent back within 30 days to be considered for a refund. Buyer will be responsible for all shipping and insurance charges. If any return shipping cost is acquired by Accurate Specialty Gas Equipment LLC, the customer will be charged for them. Only after your return has been inspected and processed will a credit be approved. If a credit is to be issued, please allow 30 days for us to process the credit. We'll pay the return shipping costs if the return is a result of our error (you received an incorrect or defective item, etc.).

Disclaimers and Warranties

We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material including, without limitation, any purchase order submitted to or transmitted through the Site.

ACCURATE SPECIALTY GAS EQUIPMENT LLC DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THE SITE. THE SITE AND THE CONTENT, PRODUCTS AND SERVICES AVAILABLE ON THE SITE ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. WE MAKE NO WARRANTIES THAT (1) THE SITE WILL MEET YOUR REQUIREMENTS, (2) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (3) THE CONTENT (INCLUDING, WITHOUT LIMITATION, INFORMATION REGARD PRODUCTS, PRICING OR AVAILABILITY) THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (5) THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE, OR (6) ANY ERRORS ON THE SITE WILL BE CORRECTED. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY OF THE SERVICES, TOOLS OR PRODUCTS AVAILABLE ON THE SITE. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

THERE ARE NO EXPRESS WARRANTIES BY ACCURATE SPECIALTY GAS EQUIPMENT LLC OTHER THAN THOSE SPECIFIED IN THIS WEB-STIE. NO WARRANTIES BY ACCURATE SPECIALTY GAS EQUIPMENT LLC, (OTHER THAN WARRANTY OF TITLE AS PROVIDED IN THE UNIFORM COMMERCIAL CODE) SHALL BE IMPLIED OR OTHERWISE CREATED UNDER THE UNIFORM COMMERCIAL CODE INCLUDING, BUT NOT LIMITED TO, WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

Limitation of liability

IN NO EVENT SHALL ACCURATE SPECIALTY GAS EQUIPMENT LLC OR ANY IT'S PARTNERS, EMPLOYESS OTHER PARTY INVOLVED IN CREATING OR MAINTAINING THE SITE OR ANY OF ITS CONTENTS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, PRODUCTS, SERVICES OR BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES TO YOUR COMPUTER EQUIPMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. THE BUYER AND OR THIRD PARTY END USER ASSUMES ALL RISK AND LIABILITY FOR LOSS, DAMAGES TO PROPERTY OR INJURY AND OR LOSS OF LIFE TO PERSONS FROM USE OF ANY PRODUCTS, SERVICES PURCHASED OR SUPPLIED BY ACCURATE SPECIALTY GAS EQUIPMENT LLC.

Waiver 

THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Injunctive Relief. You acknowledge that any use of the Site except as expressly permitted by these Terms of Use without the prior written permission of Accurate Specialty Gas Equipment LLC will cause irreparable injury for which monetary damages would not be sufficient, and you consent to entry of immediate and permanent injunctive relief with respect to such unauthorized use.

Indemnify 

By utilizing the Site, you agree to indemnify, defend and hold Accurate Specialty Gas Equipment LLC and all of its partners, officers, directors, employees, agents, service providers, suppliers, contractors and licensors (collectively, the "Accurate Specialty Gas Equipment LLC Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any Accurate Specialty Gas Equipment LLC Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of your use of the Site; any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you; the content, the quality, or the performance of content that you submit to the Site; your connection to the Site; your violation of these Terms of Use; or your violation of the rights of any other person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Termination

Accurate Specialty Gas Equipment LLC may terminate your access, or suspend any user's access to all or part of the Site without notice or recourse, for any conduct that Accurate Specialty Gas Equipment LLC, in its sole discretion, believes is in violation of any applicable law or of these Terms of Use or is harmful to the interests of another user, a service provider, Accurate Specialty Gas Equipment LLC or its affiliates.

Governing Law 

By visiting or using the Site, you agree that the laws of the Commonwealth of Pennsylvania, without regard to principles of conflicts of law, will govern our Privacy Policy and these Terms of Use and any dispute of any sort that might arise between you and Accurate Specialty Gas Equipment LLC. You agree that any action at law or in equity that arises out of or relates to any use of the Site will be filed only in the state or federal courts located in Pennsylvania, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.