THE TERMS AND CONDITIONS SET FORTH ON THIS FORM (THE "TERMS") AND ANY WRITTEN AGREEMENT EXECUTED BY BUYER AND Hard Hatters Safety Equipment, ("AGREEMENT") CONSTITUTE THE ENTIRE AGREEMENT BETWEEN Hard Hatters, BY AND ON BEHALF OF ITS SUBSIDIARIES AND AFFILIATES, ("Hard Hatters Safety Equipment") AND BUYER ("BUYER"). Hard Hatters WILL NOT BE BOUND BY ANY ADDITIONAL OR DIFFERENT TERMS ON BUYER'S ORDER OR OTHER DOCUMENTS THAT ARE INCONSISTENT WITH THESE TERMS. ACCEPTANCE BY BUYER OF THESE TERMS MAY BE MADE BY (1) WRITTEN ACCEPTANCE, (2) USE OF Hard Hatters ONLINE ORDERING SYSTEM OR (3) RECEIPT BY BUYER OF DELIVERY OF ANY PRODUCTS FROM Hard Hatters Safety Equipment, WHICHEVER FIRST OCCURS.

Orders
Buyer will submit orders for products and services through Hard Hatters, online ordering system for safety supplies, industrial, welding products, tools and related equipment and services, located on the World Wide Web at http://hardhatters.net. These Terms apply to all orders for products and services accepted by Hard Hatters Safety Equipment. Acceptance of Buyer's order by Hard Hatters Safety Equipment, will be made only on the express understanding and condition that insofar as these Terms conflict with any terms and conditions in Buyer's order, these Terms shall govern. No order shall be binding upon Hard Hatters until Hard Hatters Safety Equipment sends Buyer confirmation of such order through electronic mail, facsimile, or other written communication.

Prices, Taxes, Payment
All prices quoted, all orders accepted, and all billings rendered are exclusive of all federal, state and local withholding, excise, sales, use and similar taxes, fees, or charges imposed by any governmental authority on this transaction. All prices presented on the site are subject to change at any time and without notice. Buyer will reimburse Hard Hatters Safety Equipment for any such; tax, fee or charge, at the time of sale or thereafter, that Hard Hatters Safety Equipment is required to pay. Terms of payment are Net 30 days unless otherwise stated at time of order and on confirmation. In the event that payment is not received within the time period specified in the payment terms, any unpaid balance shall bear interest at the rate of 1.5%per month, or the maximum amount allowed by law, if lower. At its discretion Hard Hatters say extend credit to Buyer, and any amount of credit extended by Hard Hatters to Buyer may be changed or withdrawn completely by Hard Hatters at anytime without prior notice. On any order for which credit is not extended by Had Hatters, shipment or delivery shall require, at Hard Hatters election, cash with order (in whole or in part), or C.O.D. or sight draft attached to the bill of lading or other shipping documents, and all costs of collection shall be paid by Buyer. If any proceeding is brought by or against Buyer under bankruptcy or insolvency laws, Hard Hatters shall be entitled to cancel any order by Buyer then outstanding without prior notice.

Returns, Changes and Cancellations
Cancellations of and changes to orders for products and services, and returns of products by Buyer, will be subject to Hard Hatters then-existing return, change and cancellation fees. Upon the request of Buyer, Hard Hatters will use commercially reasonable efforts to inform the Buyer of the return, change, and cancellation policies existing at the time of Buyer's request. Hard Hatters reserves the right to modify its return, change, and cancellation policies and fees at any time and without notice to Buyer. Buyer agrees to pay all charges resulting from such returns, changes and cancellations, and including, without limitation, storage and shipment costs, costs of producing non-standard materials, costs of purchasing non-returnable materials, and any other cost resulting from cancellations, changes or returns.

Title, Delivery, and Acceptance
All sales of products are made F.O.B. the shipping point. Buyer will be responsible for all shipping and insurance charges, and will reimburse Hard Hatters for all shipping and insurance costs Hard Hatters incurs. Title and risk of loss of or damage to the products shall pass to Buyer on the date the products are delivered to a common carrier at the shipping point ("Shipment Date"). In the event of any default by Buyer, Hard Hatters may decline to make further shipments without in any way affecting its rights. Hard Hatters will not be liable for delay or non-delivery of the products, resulting or arising from any cause beyond the reasonable control of Hard Hatters. The products will be deemed accepted on the Shipment Date.

Security Interest
Until full payment has been received, Hard Hatters reserves, a purchase money security interest in the products sold. Buyer agrees to execute any document appropriate or necessary to perfect the security interest of Hard Hatters, or in the alternative, Hard Hatters may file these Terms as a financing statement and/or chattel mortgage.

Use of Products
The products sold by Hard Hatters 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. Hard Hatters 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.

Confidential Information
"Confidential Information" shall mean any information disclosed by one party to the other which is marked or identified as "Confidential", "Proprietary" or in some other manner to indicate its confidential nature, or information which the receiving party should know that the disclosing party would reasonably regard as confidential. Each party shall treat as confidential all Confidential Information of the other party, shall not use such Confidential Information except as set forth herein, and shall use reasonable efforts not to disclose such Confidential Information to any third party. Without limiting the foregoing, each of the parties shall use at least the same degree of care, which it uses to prevent the disclosure of its own confidential information of like importance to prevent the disclosure of Confidential Information disclosed to it by the other party under this Agreement. Each party shall promptly notify the other party of any actual or suspected misuse or unauthorized disclosure of the other part's Confidential Information. Notwithstanding the above, neither party shall have liability to the other with regard to any Confidential Information of the other which the receiving party can prove: 1. was in the public domain at the time it was disclosed or has entered the public domain through no fault of the receiving party; 2. was known to the receiving party, without restriction, at the time of disclosure; 3. is disclosed with the prior written approval of the disclosing party; 4. was independently developed by the receiving party without any use of the Confidential Information; 5. became known to the receiving party, without restriction, from a source other than the disclosing party, without breach of this Agreement by the receiving party and otherwise not in violation of the disclosing party's rights; or 6. is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that the receiving party shall provide prompt notice thereof to the disclosing party to enable the disclosing party to seek a protective order or otherwise prevent or restrict such disclosure. Breach of the confidentiality obligations set forth in this Section 7 may cause irreparable damage and therefore, the injured party shall have the right to equitable and injunctive relief, and to recover the amount of damages (including reasonable attorney’s fees and expenses) incurred in connection with such unauthorized use. Upon expiration or termination of this Agreement, each party shall return all tangible Confidential Information received from the other party. Notwithstanding the foregoing provisions of this Section 7, Hard Hatters will have the right to use, sell, or otherwise distribute aggregated statistical information regarding Buyer's use of Hard Hatters On-line in accordance with Hard Hatters' Privacy Policy; provided, however, that Hard Hatters shall not disclose the name or identity of the Buyer, or any information or data from which such name or identity could reasonably be discerned. In consideration of the above, Buyer agrees that all information on the site including information related to the customer, accounts, electronic catalogue, pricing, and other information are all confidential information and property of Hard Hatters.

Indemnity
Buyer shall indemnify, defend, and hold harmless Hard Hatters and its employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that Hard Hatters may sustain or incur arising from (a) Buyer's use of the products (including without limitation to storage, handling, and transportation of products), (b) use of the products by a third party with Buyer's authorization, (c) use of the products by a third party without Buyer's authorization, where such unauthorized use is due to Buyer's negligent act or omission, or willful misconduct, (d) Buyer's failure to comply with any applicable laws and regulations (including without limitation those regarding the export of products or technology abroad, the Toxic Substance Control Act, and the Emergency Planning and Community Right-to-Know Act of 1986, or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase and use the products), or (e) the Buyer's breach of any of its obligations set forth in these Terms or in the Agreement. Hard Hatters will provide Buyer with: (i) prompt written notice of such claim of which Hard Hatters is aware; (ii) control over the defense and settlement of such claim; and (iii) proper and full information and assistance at Buyer's expense to settle and/or defend any such claim. Notwithstanding the foregoing, Buyer shall not settle any such claim, suit or proceeding without the written consent of Hard Hatters, which shall not be unreasonably withheld.

Prospective Statements
Any forward-looking statements contained in or on Hard Hatters On-line including, without limitation, those concerning projected costs, profit, demand for gases, net income after taxes and earnings per share, involve risks and uncertainties, and are subject to change based on various factors, including, without limitation, the impact of changes in economies, achievement of cost reductions and efficiencies, changes in currencies, changes in interest rates, the continued development and acceptance of new products and processes, the impact of competitive products and pricing, future mergers and acquisitions (including any related charges, transactions costs and operational risks), risks associated with foreign operations, litigation, the impact of tax and other legislation and regulation in the jurisdictions in which the company operates, and other risk factors listed from time to time in Hard Hatters' SEC reports.

Warranties and Disclaimers
All information appearing on Hard Hatters On-line is provided "AS IS" and without warranties of any kind with respect to its correctness, accuracy, reliability or otherwise. Hard Hatters provides no warranty with respect to Hard Hatters On-line or the products and/or services sold hereunder, except those products directly manufactured by Hard Hatters and services directly provided by Hard Hatters. For products not directly manufactured by Hard Hatters and services not directly provided by Hard Hatters, Buyer receives a warranty on such products or services, if any, directly from the manufacturer of those products or provider of those services to the extent such "pass-through" warranties are available. Upon the request of the Buyer, Hard Hatters will use commercially reasonable efforts to inform the Buyer of the warranty policy of a particular manufacturer or service provider, or to direct Buyer to a source of such information. Hard Hatters MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO Hard Hatters ON-LINE OR THE PRODUCTS AND SERVICES SOLD HEREUNDER. Hard Hatters EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. Hard Hatters DOES NOT WARRANT THAT OPERATION OF Hard Hatters ON- LINE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED OR THAT Hard Hatters ON-LINE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability
Hard Hatters SHALL NOT BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, NOR FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF Hard Hatters HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD PARTY CLAIMS AGAINST BUYER. Hard Hatters' TOTAL LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD HEREUNDER SHALL IN NO EVENT EXCEED THE PRICE PAID BY BUYER FOR SUCH PRODUCT OR SERVICE.

General
Hard Hatters reserves the right to modify any programs, policies, information, products and services contained on Hard Hatters On-line at any time and without notice to Buyer. A Buyer who uses information contained on Hard Hatters On-line or makes decisions based on such information does so at his own risk. These Terms and performance by the parties hereunder shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to provisions on the conflicts of laws. Buyer and Hard Hatters consent to the exclusive venue in, the state and federal courts of the Commonwealth of Pennsylvania. Buyer shall not assign (a) any order for products and/or services placed through Hard Hatters On-line or (b) any interest in or any rights under such order, without the prior written consent of Hard Hatters. These Terms constitute the entire agreement between Hard Hatters and Buyer and supersede all previous communications, representations and agreements (except for the Agreement), whether oral or written, between Buyer and Hard Hatters with respect to the subject matter hereof. These Terms may not be modified, supplemented, qualified, or interpreted except in writing signed by Buyer and Hard Hatters. The failure by Hard Hatters to enforce at any time any of the provisions in these Terms will in no way be construed as a waiver of such provisions.

Access and Use of Information
Access to this site is limited to viewing the linked pages solely for legitimate business purposes to access the information provided by Hard Hatters at this site. Any access or attempt to access other areas of the Hard Hatters computer systems or other information contained on the system for any purposes is strictly prohibited. You may not use any information contained on this site other than in connection with a legitimate business purpose.

Trademarks
This site contains many Hard Hatters, and third-party trademarks and service marks. All marks are the property of their respective companies. All rights in the intellectual property contained in this Web site including copyright, trademarks, trade secret and patent rights are reserved. Access to this Web site does not constitute a right to copy or use any of the third parties' intellectual property of Hard Hatters or its suppliers. Statutory notice contained herein represents trademark status in the United States.

Copyright
All materials contained on this Site are subject to the ownership rights of Hard Hatters, Inc. and its Suppliers. Hard Hatters hereby authorizes you to make a single copy of the content herein for your use in learning about, evaluating, or acquiring Hard Hatters services or products. You agree that any copy made must include Hard Hatters copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained herein.

Submissions
All remarks, suggestions, ideas, graphics or other information communicated to Hard Hatters through this site will forever be the property of Hard Hatters. Unless otherwise specified in writing, all material submitted to Hard Hatters will be presumed to be public and Hard Hatters will not be required to treat the information as confidential. Hard Hatters shall have exclusive ownership of all present and future existing rights in the information, without compensation to the person sending the information.

Complete Agreement
The terms and conditions of use contained in Hard Hatters Web site Terms and Conditions of Use contained herein, forms, acknowledgments, quotations, invoices and sales terms and conditions, are incorporated herein by reference and constitute the entire and exclusive agreement between BUYER and the Hard Hatters.

Separability
If any provision of these Terms of Purchase shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of these Terms and Conditions of Use.

Questions Regarding Terms and Conditions of Use
Any questions regarding the Hard Hatters On-line Terms and Conditions of Use should be directed to Hard Hatters Safety Equipment, Customer Service 800-887-9341, email sales@hardhatters.net, email bulletjen@gmail.com, or write Hard Hatters Safety Equipment 2455 Burnt Oak Drive Santa Rosa, Ca. 95401

Terms of Sale
Hard Hatters, Inc. by and on behalf of its subsidiary and affiliate companies Terms of Sale.
Terms of Sale refers to the terms and conditions contained herein. “Seller” refers to Hard Hatters, Inc. by and on behalf of its subsidiary and affiliate companies. “Buyer” refers to the applicant in the account application to which these Terms of Sale are affixed, or in which these Terms of Sale are referenced. Each Contract of sale of Goods between Seller and Buyer ("Contract") shall include these Terms of Sale, together with any other material describing the Goods being sold, their price, delivery terms, and all other special provisions. “Goods” refers to any items of tangible personal property described in any Contract.

   1. Delivery. Seller may deliver the Goods or ship the Goods by a carrier of Seller’s selection, F.O.B. shipping point to the Buyer's address in the Contract, unless the Contract provides otherwise. Unless otherwise specifically provided in a Contract, Seller shall have no obligation to arrange for any valuation of the Goods over and above the valuation provided in the carrier’s tariffs or other rate schedules at the lowest rates of carriage.

   2. Delivery Date(s). Delivery date(s) are determined from the date of each Contract and are estimates of approximate dates of delivery, not a guarantee of a particular day of delivery.

   3. Buyer’s Delay of Acceptance. If Buyer delays acceptance of the Goods when delivered or ready for shipment, Buyer shall forthwith pay to Seller the full price of the Goods and shall also pay Seller such warehousing and pier charges and other expenses as Seller may incur as a result of Buyer’s delay.

   4. Claims for Shortages, Non-conformity, and Damage in Transit; Returns. Seller shall have no obligation with respect to any shortages, failure of Goods to conform to a Contract, or damage in transit, unless Buyer gives Seller written notice of the same within 10 days after such Goods arrive at the point of delivery and Seller is given a reasonable opportunity to investigate. No Goods shall be returned to Seller without Seller’s written authorization. Buyer shall pay a 15% restocking charge on all Goods returned to Seller, except for returns required under Section 11 hereof.

   5. Terms of Payment. Unless otherwise specified in a Contract, Buyer shall make payment in full within 30 days after the date of Sellers invoice. Interest at 1.5% per month, or the maximum lawful rate of interest allowable in the state where the Goods are delivered, whichever is less, shall accrue on all past due payments. If the interest rate is later found to be usurious, the Seller will reduce the rate and refund all excess interest payments remitted upon request of Buyer. If a contract provides for payment other than cash immediately or cash on delivery (COD), Buyer represents that the goods are being purchased for business, commercial or agricultural purposes and not for personal, household, or family use. If Seller employs any collection agency or attorney-at-law to collect any amount due Seller, Buyer shall pay all collection fees, attorneys' fees, and court costs, in addition to the amount otherwise unpaid. Seller may bring suit for the collection of any such amount in any jurisdiction or venue Seller may select.

   6. Taxes. Any taxes imposed by federal, state, or other governmental authority on the sale or use of the Goods referred to in this Order shall be paid by Buyer in addition to the purchase price.

   7. Security for Price. Until Buyer pays Seller in full for the Goods, title to the Goods shall remain in Seller’s name and Seller shall have a purchase money security interest in the Goods. If Buyer shall default in such payments, Seller shall have all the rights as holder of such title or as such secured party under the Uniform Commercial Code and/or any other law then in force; and Seller may, in addition, retain as rental any payments received by Seller on account of the purchase price of the Goods, whether Buyer’s default shall have occurred before or after delivery. If Seller repossesses the Goods, Seller may resell the Goods after 10 days’ prior written notice to Buyer. Seller may file one or more financing statements to perfect such security interests. If necessary, Buyer shall execute such financing statements upon the request of Seller.

   8. Warranty of Quality. (a) Seller warrants that, at the time of shipment the Goods shall be free from defects in material and workmanship and in accord with any written warranty extended by the manufacturer of the Goods and delivered with the Goods. Seller also warrants that the Goods shall be fit for their intended purposes only to the extent that (i) Buyer shall have advised Seller of such purpose in writing and (ii) Seller shall have represented to Buyer in writing that the Goods shall be fit for such purpose. (b) Sellers obligations under the said warranty shall be limited to repairing or replacing (at Seller’s option) F.O.B. point of shipment of the Goods or for any components of the Goods which, if Buyer uses, operates, and maintains the Goods strictly in accordance with the applicable operating instructions and within the applicable published performance specifications and as otherwise provided in the Contract, shall prove defective in material or workmanship within six months after the date of delivery by Seller to Buyer, provided that the Buyer gives Seller notice of any such defect and satisfactory proof thereof promptly after the defect first becomes known to Buyer. (c) The warranty stated above does not apply to Goods or components thereof normally consumed in operation or which have a normal useful life of less than six months. (d) Except for the warranties expressly set forth above, SELLER MAKES NO WARRANTY, EXPRESS OR IMPLIED; NO IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE SHALL APPLY WHICH EXCEEDS THE FOREGOING WARRANTY; AND ALL SUCH IMPLIED WARRANTIES ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM ANY CONTRACT RESULTING OR ARISING FROM, OR OTHERWISE EVIDENCED BY ANY CONTRACT.

   9. Patents. (a) Seller shall defend any claims which allege in a suit or proceeding against Buyer that the Goods or their use, if the Goods were manufactured by Seller to any design not furnished to Seller by Buyer, constitute an infringement of any patent of the United States of America, if notified promptly in writing and given authority, information, and assistance for such defense; and Seller shall pay all damages and costs awarded against Buyer in such suit or proceeding for patent infringement. In case any of the Goods are in such suit or proceeding held to constitute infringement and the use of such of the Goods is enjoined, Seller, at its own expense, shall, as Seller may elect, either (i) procure for Buyer the right to continue using such of the Goods, or (ii) replace any of the Goods with non-infringing Goods, or (iii) modify those Goods so they become non-infringing, or (iv) remove the Goods and refund the purchase price plus the transportation costs thereof. (b) Seller makes no express warranty, and no warranty shall be implied, with respect to the infringement of patents issued by countries other than the United States of America. (c) The foregoing states the entire liability of Seller for patent infringement.     

  10. Limitation of Liability. Seller’s liability on any claim, whether in contract, tort (including negligence) or otherwise, for any loss or damage arising out of, connected with, or resulting from the manufacture, sale, delivery, resale, repair, replacement, or use of the Goods shall in no case exceed the price allocable to the Goods, or component thereof, which gives rise to the claim, except as may otherwise be specifically provided in Section 9 above. In no event shall Seller be liable for consequential or incidental damages. Seller shall not have any liability, whether in contract, tort (including negligence), or otherwise, as the result of furnishing any advice or assistance to Buyer concerning any Goods supplied hereunder or concerning any system or equipment in which any such Goods may be installed unless the Contract provides separate compensation to Seller for such advice or assistance.

  11. Special Provisions Relating to Containers. If any Contract includes the sale of gases in cylinders, dewars, and/or the sale of dry ice in reusable boxes (both such cylinders, dewars, and boxes, together with all fittings, caps, and other equipment associated therewith, being "Containers" herein), the provisions of this Section 11 will apply: (a) The Containers are and will remain the property of Seller. Buyer will not cover, modify, remove or otherwise disturb any identification or other indicia of Seller’s ownership on any Container. (b) Buyer will pay, in addition to the price of the goods covered by the Contract, a charge for each day between the date on which Seller delivers a Container to Buyer and the date on which Buyer returns that Container or pays for it at the price set forth in Subsection (c) below, at the rates stated in Seller’s Schedule of Cylinder/Dewar Rates or Schedule of Box Rates, previously provided by Seller to Buyer. If Seller has not provided such Schedule to Buyer, the daily charge shall be $1 per day for each Container. (c) Buyer shall inspect each Container promptly after delivery to Buyer and shall advise Seller within five business days after the delivery of any alleged defect therein. In the absence of such advice regarding any Container, it shall be conclusively presumed to be free of defects at the time of delivery. Buyer will exercise due care in its possession and use of the Containers and return them to Seller in the same condition as when Buyer received them, ordinary wear and tear only excepted. If Buyer shall fail to return any Container, when required, or if Buyer shall return any Container without the fittings and other equipment Seller shall have provided therewith, Buyer shall pay Seller, on request, an amount equal to the then-current retail price of the Container or fitting or other equipment, as the case may be. (d) Buyer will use the Containers only for dispensing gases or dry ice purchased from Seller. Buyer shall not have any other gases or other substances introduced into any Container. Buyer shall return the Containers to Seller when empty and in any event no later than 90 days after delivery of such Containers to Buyer, without credit for residual gases. Buyer shall keep all the Containers at the address of Buyer set forth in the Contract. (e) Seller may periodically furnish Buyer with written statements setting forth the number of Seller’s Containers which, according to Seller’s records, shall have been delivered to Buyer and not returned by Buyer to Seller. If Buyer shall not object to any such statement within 15 days after Seller shall have mailed it to Buyer, the statement shall be conclusively presumed to be correct in all respects. If Buyer disagrees with Seller's statement, Buyer shall so notify Seller in writing forthwith, and in any event, within 10 days after receipt of Seller's statement; and Buyer shall state in such notice the number of Containers for which Buyer accepts responsibility. Upon receipt of such notice, Seller will perform an internal paperwork audit of the most recent 12 months' history of delivery tickets, without any charge to Buyer for such audit. If an audit of records earlier than twelve months prior to the date of notice is to be performed, Buyer will pay Seller a research fee of $20 per hour. Records older than 24 months will be conclusively presumed correct, and will not be audited. If no errors are found in Seller's records, then Buyer shall pay Seller forthwith the full replacement value of all Containers for which Buyer is then responsible. (f) If required by Seller, Buyer shall provide a deposit for each Container upon taking possession. If upon return of said Containers, Buyer has any outstanding balances with Seller, Seller can use Buyer’s deposit funds to clear the outstanding balance before returning any residual amount to Buyer.

  12. Cancellation. Seller may cancel any Contract without liability to Buyer if (i) Buyer shall become insolvent; or (ii) a petition under the Bankruptcy Act or any other insolvency law shall be filed by or against Buyer; or (iii) at any time Buyer is generally not paying its debts as such debts become due; or (iv) Buyer shall make an assignment for the benefit of creditors; or (v) Buyer shall fail to make timely payment of any obligation owed by it to Seller or any affiliate of Seller; or (vi) for any reason a good faith doubt arises as to Buyer’s ability to make prompt payment of any obligation owed by it to Seller. Buyer represents and warrants that Buyer is and shall remain solvent until Seller receives payment in full for the Goods.

  13. Period of Limitation of Action. No action shall be brought by Buyer for any breach of any contract arising or resulting from a Contract more than one year after the cause of action therefore accrues.

  14. Safety and Notice of Accidents; Compliance with Legal Requirements. Buyer shall use and shall require its employees to use in the operation of the Goods all safety devices, guards, and proper safe operating procedures and to comply with all legal requirements, federal, state or local, regulating the use and/or possession of the Goods. Buyer shall not remove or modify any safety device, guard or warning sign. No oil or lubricant of any kind shall be applied to Cylinder valves, regulators or fittings. Buyer shall notify Seller promptly, and in any event within 30 days, of any accident or malfunction involving the Goods which results in personal injury or damage to property and shall cooperate fully with Seller in investigating and determining the cause of such accident or malfunction. If Buyer shall at any time resell the Goods, Buyer shall cause its purchaser to undertake the same obligations to Seller as Buyer has undertaken in this section, including without limitation the obligation stated in this sentence. If Buyer fails to strictly observe each and every one of the obligations set forth in this section with regard to use of the Goods, the giving of such notice and cooperation, and causing Buyer’s purchaser to undertake such obligations, Buyer agrees to defend and indemnify Seller and save Seller harmless from any liability or obligation incurred by Seller for persons or property injured directly or indirectly in connection with the operation of such Goods.

  15. Force Majeure. Seller shall not be liable for delays or failures in performance resulting directly or indirectly from: (a) natural phenomena, including but not limited to weather conditions, floods, droughts, earthquakes, and epidemics; (b) acts or failure or omissions to act on the part of any Governmental authority, domestic or foreign, including but not limited to war, declared or undeclared, priorities, quarantines, embargoes, licensing controls, or production or distribution restrictions; (c) accidents and disruptions, including but not limited to fires, explosions, breakdowns of machinery or equipment and power shortages; (d) transportation or storage delays, accidents or shortages; (e) labor difficulties including but not limited to strikes, slowdowns, lockouts, sabotage, and labor shortages; (f) failure or delay in Seller’s sources of supply; (g) acts or omissions of Buyer; or (h) any other cause which is beyond Seller’s control. Dates of delivery shall be extended for a period equal to the time lost by reason of any cause set forth above even though such cause may occur after Seller’s performance of its obligations has been delayed for other causes. If, at any time, it shall appear that any delay resulting from any such cause shall exceed 60 days, Seller may cancel the Contract otherwise requiring such delivery without further obligation hereunder.

  16. Errors. Stenographic and clerical errors are subject to correction. If any drawings, illustrations, or descriptive matter are furnished by Seller regarding any Contract, they are approximate only and are submitted only to show the general style, arrangement, and dimensions of the Goods offered.

  17. Amendments; Entire Agreement; No Variations Permitted. No promise, condition, agreement, representation or warranty with respect to any Contract or the Goods, or any component thereof, shall bind Seller or Buyer unless expressed in the Contract. Each such Contract shall supersede and cancel all other promises, conditions, agreements, representations and warranties; and shall also supersede and cancel any terms of sale in any purchase order or other document of Buyer, so that all such terms of Buyer will be disclaimed and excluded, so that no terms of sale inconsistent with these Terms of Sale shall govern any Contract, except to the extent Seller may agree in writing. The written portion of each Contract supersedes and cancels all other promises, conditions, agreements, representations and warranties. No Contract, and no amendment to any Contract, shall bind Seller unless and until approved for Seller in writing by an executive officer of Seller. No person other than an executive officer of Seller has any authority to agree on Seller’s behalf to any Terms of Sale not set forth herein or elsewhere in a Contract. If the Seller has provided more than one version of terms of sale applicable to a contract, Seller shall have the right to take advantage of either or both provisions.