Customer: As used throughout this catalog, “Customer” shall mean and include any person, partnership, corporation or other entity or organization to include all of their agents, servants, employees, heirs, successors, assigns and legal representatives. Spectra Gases: As used throughout this catalog, “Spectra Gases” shall mean and include Spectra Gases Inc. of the United States, Spectra Gases Ltd. of England, Spectra Gases GmbH of Germany, and any and all of their offices, facilities, distributors, and locations worldwide.

Spectra Gases warrants that all products listed in this catalog and delivered to the Customer will, at the time of shipment, meet all the applicable specifications listed in this catalog or as described in other written form by Spectra Gases. If the product does not meet the listed specifications as confirmed by Spectra Gases, Spectra Gases will replace the product at no charge to the Customer. Before Spectra Gases refunds any purchase price, the Customer must give Spectra Gases a reasonable time to replace the product with one that conforms to the listed specifications. Any compensation to the Customer from Spectra Gases is limited to the purchase price of the product.

If Spectra Gases defaults in any manner under this sales contract, then Spectra Gases’ sole obligation and sole liability to the Customer is to refund to the Customer all sums paid on account or replacement, not to exceed the purchase price. It is understood by all parties that Spectra Gases makes no warranty, express or implied, except as set forth in the Agreement. Under no circumstances shall Spectra Gases be liable in contract, tort, strict or absolute liability or under any other theory whatsoever for any other direct or special damages, or for any indirect or consequential damages whatsoever, notwithstanding that the loss is in the form of personal injury, pecuniary loss, increased expense or otherwise. Under no circumstances shall any claim or suit be brought against Spectra Gases after the expiration of one (1) year from the date of the product’s delivery to the Customer.

The Customer shall indemnify and hold harmless Spectra Gases, affiliated companies, employees, their successors and assigns from and against any and all losses, damages, liability, claim, or expense whatsoever, including reasonable attorneys’ fees and costs of any kind arising out of injury to or death of persons, or damages to or destruction of property in any manner caused by, resulting from, or connected with the sale or delivery of products to the Customer.

The Customer may not extend any of Spectra Gases’ warranties to a second buyer.

The Customer may never refill any of Spectra Gases’ cylinders. Additionally, any products which are defective, broken, worn, corroded, or otherwise out-of-specifications, must not be used or repaired by the Customer.

The Customer is responsible for the safety, warning and training of all agents, servants, employees, or any others who may be exposed to any hazards related to Spectra Gases’ products. The suitability of the products ordered for the intended use is the sole responsibility of the Customer.

The Customer should not use any cylinder whose contents are not clearly and consistently marked, as such use might be dangerous. The Customer should call Spectra Gases with any questions regarding Spectra Gases’ product or the safe use and storage of that product.

When cylinders are being returned prepaid or otherwise shipped by the Customer, the Customer is responsible for having the cylinders properly labeled and marked to conform to current government(s) shipping regulations within the country(ies) the returned cylinders are to be shipped within. During the return of material to Spectra Gases any liability arising from noncompliance with any government(s) rules or regulations are the sole responsibility of the shipper (customer).

When hazardous or toxic materials are involved, Spectra Gases is required to have safety recommendations available to our customers. Material Safety Data Sheets (MSDS) are available for every gas which Spectra Gases sells. Spectra Gases is responsible for the safe preparations for shipment of all products. All products should be labeled clearly and consistently.

Not by law, but by company policy, Spectra Gases’ employees will treat each Customer with respect, offering the best service that we are able to provide in all cases.

Spectra Gases has the right to:

• Refuse to sell any product to a Customer, particularly if we believe that the product will not be handled safely or used appropriately.
• Refuse to refill a Customer owned cylinder
• Charge a preparation fee without notice when Customer owned cylinders do not meet Spectra Gases’ standards before being filled. For the same reason, Spectra Gases has the right to replace cylinder valves at the Customer’s expense.
• Hold shipment of product until an authorized purchase order number has been received from the Customer

Cylinder & Equipment Terms

Cylinder Rental Options*

Option #1: Deposit /Rental Options

• A cylinder deposit (dependent on the cylinder size) is first sent to Spectra Gases.
• The customer returns the cylinder to Spectra Gases when it is empty.
• The cylinder deposit, less outstanding invoices and freight bills, is then sent in the form of a credit memo by Spectra Gases to the Customer’s billing address, minus rental charges.

Option #2: Rental System (Demurrage)

Rental charges are invoiced each month. Charges are discontinued after the cylinder is received at a Spectra Gases plant location.

Note: Unless otherwise arranged with Spectra Gases, empty cylinders must be returned prepaid to any of the following locations: (Customers who send cylinders back not prepaid will be billed for the amount of freight.)

Return of Cylinders

Before and during any transportation, all compressed gas cylinders must have all valve openings tightly closed, and all dust caps and dust plugs/fittings securely tightened. Cylinders must be returned freight prepaid only to the nearest Spectra Gases facility.

Collect returns will not be accepted by Spectra Gases’ receiving department.

Compressed gas cylinders that are full, partially full or empty that are being returned to any Spectra Gases facility, “may not be offered for transportation unless offered in the same manner as required when it previously contained a greater quantity of hazardous material,” (CFR 43, 173.29). Shipping paperwork (Bill of Lading) must include the proper shipping name preceded by the words,

“RESIDUE: Last Contained”.

Do not remove the hazard class labels before returning empty cylinders.

Return of Equipment

Equipment must be returned freight prepaid to the nearest Spectra Gases facility. All equipment used with hazardous gases must be thoroughly purged with an inert gas prior to return to Spectra Gases.

Return Authorization for Gases

Do not return any material in question without prior approval from Spectra Gases. Spectra Gases’ customer service department will initiate a RETURN AUTHORIZATION (RA) for any product that must be evaluated by Spectra Gases. An “RA” number will be supplied for proper identification by Spectra Gases. Please contact Spectra Gases’ customer service department for specific information regarding the return of any and all material to Spectra Gases.

Returned Goods Restocking Charge

Customers desiring to return unused standard equipment for credit will be charged a restocking fee. Custom or specially modified components or systems will be accepted at Spectra Gases’ sole discretion.

Refilling Customer Owned Cylinders

Federal law in the U.S.A. prohibits refilling of Spectra Gases or any other vendor owned cylinders without prior permission from the owner. Call the nearest Spectra Gases facility for additional information on refilling Customer owned cylinders.

1. All orders will ship Exworks factory, Alpha NJ. Freight charges are to be prepaid and added to the customer’s invoice unless arranged otherwise with Spectra Gases.
2. Some shipments made within a fifty (50) mile radius of Spectra Gases’ facilities in the U.S.A. can be made via Spectra Gases truck. Please contact Spectra Gases’ customer service department for details.
3. Common carrier is the standard method of transportation for shipments over seventy (70) pounds. Please specify the preferred common carrier or Spectra Gases shipping department will use the common carrier that best services the customer’s area.
4. Air freight shipments can be arranged through a number of carriers. There are several types of air shipments; for example: next day, second day, deferred air. Spectra Gases customer service department can help the customer decide which method of shipment is necessary for the customer’s specific requirement. Cost is dependent upon the type of service, weight and material to be shipped.
   Note: Some hazardous materials cannot be offered for air shipment.
5. Ocean freight shipments can be arranged through a number of carriers. Spectra Gases customer service department can help the customer decide which is the best carrier for the customer’s specific requirements.

United Kingdom and Germany Facilities

1. All orders will ship Exworks stocking facilities, UK or Germany. Freight charges are to be prepaid and added to the customer’s invoice unless arranged otherwise with Spectra Gases.
2. Freight carrier is the standard method of transportation within most countries. Please specify the preferred freight carrier of choice or Spectra Gases shipping department will use the freight carrier that best services the customer’s area.
3. Air freight shipments can be arranged through a number of carriers. There are several types of air shipments; for example: next day, second day, deferred air. Spectra Gases customer service department can help the customer decide which method of shipment is necessary for the customer’s specific requirement. Cost is dependent upon the type of service, weight and material to be shipped.
   Note: Some hazardous materials cannot be offered for air shipment.
4. Ocean freight shipments can be arranged through a number of carriers. Spectra Gases customer service department can help the customer decide which is the best carrier for the customer’s specific requirements.

Inspection and Receipt of Goods

Customer shall examine and check each shipment upon receipt and unless a written claim is delivered to Spectra Gases within ten (10) days upon receipt of delivery, all claims with respect to said shipment or the products contained herein shall be conclusively deemed waived and the customer shall be conclusively deemed to have accepted delivery of such product from Spectra Gases. Ten (10) days after the customer has received said shipment, Spectra Gases is said to have complied with all obligations to the customer with respect to said product(s).

Material Safety Data Sheets

“MATERIAL SAFETY DATA SHEETS (MSDS) ARE SUPPLIED EACH TIME A NEW GAS PRODUCT IS ORDERED AS SPECIFIED BY OSHA’S COMMUNICATION STANDARD 29 CRF 1910.1200.”