THE TERMS AND CONDITIONS SET FORTH HEREIN ("TERMS") AND ANY WRITTEN AGREEMENT EXECUTED BY BUYER AND MATHESON TRI-GAS, INC. ("AGREEMENT") CONSTITUTE THE ENTIRE AGREEMENT BETWEEN MTG, BY AND ON BEHALF OF ITS SUBSIDIARIES AND AFFILIATES, ("MTG") AND BUYER ("BUYER"). IN THE ABSENCE OF SUCH AN EXECUTED AGREEMENT, THESE TERMS AND THE TERMS AND CONDITIONS OF SALE POSTED AT www.mathesongas.com SHALL GOVERN. ALL OTHER TERMS AND CONDITIONS ARE EXPRESSLY DISCLAIMED AND REJECTED. BUYER’S ACCEPTANCE OF THESE TERMS IS DEEMED IMPLIED BY USE OF MTG's ONLINE ORDERING SYSTEM AND/OR ACCEPTANCE OF DELIVERY OF ANY PRODUCTS AND/OR SERVICES FROM MTG, WHICHEVER OCCURS FIRST.
Access and use of information: Access to this site and the use of the information contained herein is solely for legitimate business purposes to access the information provided by MTG at this site. Any access or attempt to access other areas of the MTG computer systems or other information contained on the system for any purposes is strictly prohibited.
Orders: Orders for products and services through MTG's online ordering system shall be made through the World Wide Web at www.mathesongas.com or at store.mathesongas.com. These Terms apply to all orders for products and services accepted by MTG. Acceptance of Buyer's order by MTG 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 MTG until MTG accepts the order and sends Buyer confirmation of such order through electronic mail, facsimile, or other written communication.
Returns, changes and cancellations: Cancellations of and changes to orders for products and services, and returns of products by Buyer, will be subject to MTG's then-existing return, change and cancellation fees. Upon the request of Buyer, MTG will use commercially reasonable efforts to inform the Buyer of the return, change, and cancellation policies existing at the time of Buyer's request. MTG 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.
Use of products: The products sold by MTG 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. MTG provides material safety data sheets ("MSDS" also known as "SDS") 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.
Trademarks: This site contains the trademarks and service marks of MTG and its parent company, Taiyo Nippon Sanso Corporation (“TNSC”). 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 MTG or TNSC. 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 MTG. MTG hereby authorizes you to make a single copy of the content herein for your use in learning about, evaluating, or acquiring MTG services or products. You agree that any copy made must include MTG 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.
Indemnity: BUYER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS MTG AND ITS EMPLOYEES, AGENTS, SUCCESSORS, OFFICERS, AND ASSIGNS, FROM ANY SUITS, LOSSES, CLAIMS, DEMANDS, LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEY AND ACCOUNTING FEES) THAT MTG MAY SUSTAIN OR INCUR ARISING FROM (A) BUYER'S USE OF THE PRODUCTS (INCLUDING WITHOUT LIMITATION TO STORAGE, HANDLING, AND/OR TRANSPORTATION OF PRODUCTS), (B) USE OF THE PRODUCTS BY A THIRD PARTY WITH OR WITHOUT BUYER'S AUTHORIZATION, (C) 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 (D) THE BUYER'S BREACH OF ANY OF ITS OBLIGATIONS SET FORTH IN THESE TERMS OR IN THE AGREEMENT OR IN MTG’S STANDARD TERMS AND CONDITIONS OF SALE.
Warranties and disclaimers: All information appearing on any MTG web-based application is provided "AS IS" and without warranties of any kind with respect to its correctness, accuracy, reliability or otherwise. MTG provides no warranty with respect to any MTG web-based application or the products and/or services sold hereunder, except those products directly manufactured by MTG and services directly provided by MTG. For products not directly manufactured by MTG and services not directly provided by MTG, 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, MTG 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. MTG MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MTG WEB-BASED APPLICATION OR THE PRODUCTS AND SERVICES SOLD HEREUNDER. MTG EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES ARISING UNDER APPLICABLE LAW AND/OR THE UNIFORM COMMERCIAL CODE. MTG DOES NOT WARRANT THAT OPERATION OF ANY MTG WEB-BASED APPLICATION WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED OR THAT ANY MTG WEB-BASED APPLICATION OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of liability: MTG SHALL NOT BE LIABLE FOR 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 THESE TERMS, THE AGREEMENT, MTG’S STANDARD TERMS AND CONDITIONS OF SALE OR OTHERWISE, EVEN IF MTG 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. MTG's TOTAL LIABILITY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD HEREUNDER SHALL IN NO EVENT EXCEED THE PRICE PAID BY BUYER FOR SUCH PRODUCT OR SERVICE.
Miscellaneous: MTG reserves the right to modify any programs, policies, information, products and services contained on any MTG web-based application at any time and without notice to Buyer. A Buyer who uses information contained on any MTG web-based application 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 State of New Jersey, without regard to provisions on the conflicts of laws. Buyer and MTG consent to the exclusive venue in, the courts in the State of New Jersey, Somerset County. Buyer shall not assign (a) any order for products and/or services placed through any MTG web-based application, or (b) any interest in or any rights under such order, without the prior written consent of MTG. These Terms constitute the entire agreement between MTG and Buyer and supersede all previous communications, representations and agreements (except for the Agreement), whether oral or written, between Buyer and MTG with respect to the subject matter hereof. These Terms may not be modified, supplemented, qualified, or interpreted except in writing signed by Buyer and MTG. The failure by MTG to enforce at any time any of the provisions in these Terms will in no way be construed as a waiver of such provisions. All remarks, suggestions, ideas, graphics or other information communicated to MTG through this site will forever be the property of MTG. Unless otherwise specified in writing, all material submitted to MTG will be presumed to be public and MTG will not be required to treat the information as confidential. MTG shall have exclusive ownership of all present and future existing rights in the information, without compensation to the person sending the information. If any provision of these Terms 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.
Questions regarding Terms: Any questions regarding the Terms should be directed to MTG at firstname.lastname@example.org or Matheson Tri-Gas, Inc., 166 Keystone Drive, Montgomeryville, PA 18936.