Cylinder Rental Agreement

Monthly Rental

At the end of each calendar month you will be issued a tax invoice for the quantity of cylinders you have at the end of that month.

Payment of this tax invoice is due in accord with your account trading terms.

If you no longer require the cylinders, all cylinders must be returned to Dandy Gas or its Agent/s before the close of business on the last trading day of the month to negate this agreement and all liabilities contained therein.

If a dispute arises regarding the quantity of cylinders you have been invoiced for, you must contact Dandy Gas within twenty-one (21) days of the tax invoice date where the discrepancy first arose; credit adjustments notes will be issued for one rental period only.

I/we …………………………………………………… of …………………………………………..


………………………………………………. acknowledge that by signing this form:

I/we have read and understood the attached documents:
□ Terms & Conditions & Safety Warning and Disclaimer of Liability
□ Direct Debit Request Service Agreement

I/we have received a copy of:
□ Terms & Conditions & Safety Warning and Disclaimer of Liability
□ Direct Debit Request Service Agreement

Signature 1: Date:

Position: …………………………………………….. (Business customers only)

Signature 2: Date:

Position: …………………………………………….. (Business customers only)

(If the customers account is in joint names, both parties must sign)

Weldex Dandenong Pty. Ltd.

ABN 79 053 887 433

5 Johnston Court, Dandenong, Vic. 3175

PO Box 4155, Dandenong South, Vic. 3164

PH: 9794 6287 Fax: 9791 5235

Email:

TERMS AND CONDITIONS

SAFETY

Users are reminded that oxygen and acetylene and other gases are potentially hazardous substances and care should be taken over their storage and use.

IT IS DANGEROUS TO USE OIL OR GREASE ON OXYGEN CYLINDERS OR EQUIPMENT.

Dandy Gas can advise the proper handling procedures to be followed.

The Cylinder Hirer shall not himself have any other party attempt to repair or tamper with any cylinder or parts thereon or have them refilled by or through any persons, firm or corporation other than Dandy Gas.

HIRED CYLINDER CONDITIONS

1. This agreement is subject to Dandy Gas’s Standard Terms and Conditions of Supply regarding gas cylinders as are applicable at the date hereof and which shall be deemed to be incorporated herein as if set out in full save and except where there is any inconsistency between Dandy Gas’s Standard Terms and Conditions of Supply and the Terms and Conditions of this agreement, the latter shall prevail. Dandy Gas’s Standard Terms and Conditions of Supply are available upon request from Dandy Gas.

2. The cylinders, fittings and caps supplied are hired by Dandy Gas to the Gas Buyer, NOT SOLD, and are to be returned to Dandy Gas’s point of shipment in the same condition as when received, ordinary wear and tear excepted.

3. The Gas Buyer shall not himself or have any other party attempt to repair or tamper with any cylinders or parts thereon or re-hire, loan or otherwise dispose of any of the cylinders or have them recharged with any product, gas, liquid or materials whatsoever by any persons, firm or corporation other than Dandy Gas.

4. The Gas Buyer accepts full responsibility against loss or damage by fire, theft or otherwise of the cylinder until the cylinder is returned to the Company or its Agent at its premises or is placed on a vehicle of the Company or one of its contractors for return to the Company’s premises and a receipt obtained; and the Gas Buyer shall hold the Company indemnified up to the agreed value of the cylinder (being the purchase price of the cylinder based on its current market value) against all loss, damage or destruction of any cylinder howsoever caused, and further against the full costs of repair to any such cylinder. Gas Buyers are advised to take out full insurance coverage in respect of all such risks as aforesaid.

5. The Gas Buyer assumes all risks and liabilities for the cylinder, and for the use, operation and storage thereof, and for injuries to or deaths of persons and damage to property howsoever arising from or incidental to such use, operation or storage, whether such injury to or death of persons be of agents or employees of the Gas Buyer or of third parties, and such damage to property be of the Gas Buyer or of others; and the Gas Buyer shall hold the Company indemnified from all loss, damages, claims, personal liabilities and expenses, including legal costs, however arising or incurred because of or incidental to the cylinder and the use, operation and storage thereof, or alleged use, operation and storage thereof. Gas Buyers are advised to take out insurance coverage in respect of all such risks as aforesaid.

6. In the event of a Gas Buyer failing to return a cylinder to Dandy Gas’s point of shipment within six (6) months from the date the cylinder was shipped to the Gas Buyer or the expiry date of an extended cylinder hire agreement, which ever is the later, the Gas Buyer shall upon the request of Dandy Gas pay to Dandy Gas by way of liquidated damages for such failure demurrage and damages, such damages to be calculated in accordance with the current replacement value of the cylinder in question provided that the payment of the amount aforesaid shall not affect the right of Dandy Gas to recover possession of the cylinder.

7. Dandy Gas may at any time exercise the rights of an owner in respect of the cylinder including the right to enter premises to inspect or to recover possession of the cylinder.

8. Dandy Gas will not entertain any claims for loss of contents based on defective valves or other cylinder imperfections unless same are made within forty-eight (48) hours after receipt of the respective cylinder by the Gas Buyer and unless the cylinder is returned to Dandy Gas stating the defect or defects within the said forty-eight (48) hours.

9. Any new tax or duty imposed during the period of this agreement which may affect it, will be passed on to the Gas Buyers by Dandy Gas.

10.  The cylinder remains the property of Dandy Gas at all times and shall not be sold, assigned, sub-let, pledged, lent or parted with possession in any manner whatsoever by the Gas Buyer.

The Gas Buyer shall be a bailee only of the cylinder and shall not have or create or permit to exist over the cylinder any mortgage charge lien or other encumbrance.

Dandy Gas retains the right to exercise its proprietary power at any time in its discretion and shall have unrestricted access to the Gas Buyer’s premises for that purpose.

The cylinder shall be returned to Dandy Gas in the same condition as when received. The Gas Buyer accepts full responsibility against loss or damage by fire, theft or otherwise of the cylinders until the cylinder is returned to the Dandy Gas and a receipt obtained and the Gas Buyer shall hold Dandy Gas indemnified up top the replacement value of the cylinder as published by Dandy Gas against loss, damage or destruction of the cylinder howsoever caused, and further against the full costs of repair to such cylinder, fair wear and tear always excepted.

EXCHANGE CYLINDER AGREEMENT

CONDITIONS FOR ANNUAL RENEWAL CYLINDER HIRE

1.  This agreement is made between Dandy Gas and the Cylinder Hirer shown overleaf and is made subject to the terms and conditions stated.

2.  The signing by the Cylinder Hirer of this agreement and the payment of the Rental Fee entitles the Cylinder Hirer to hold Dandy Gas/Air Liquide cylinders as covered by this agreement from the date shown.

3.  The Cylinder Hirer is entitled to exchange any empty Dandy Gas/Air Liquide cylinder as described against a full exchange cylinder of the same type and size through the network of Dandy Gas .

4.  Additional cylinders may be taken by the Cylinder Hirer by arrangement with Dandy Gas. If the cylinder is not returned to Dandy Gas by the end of the month that it was taken by the Cylinder Hirer, a new Rental Fee will be charged; and is covered by the Terms and Conditions of this agreement.

5.  Fee upon signing this agreement. The Rental Fee amount at the date of signing this agreement shall be paid to Dandy Gas.

6.  Renewal/Expiry of this agreement. At the expiry of the rental period the Cylinder Hirer may retain the cylinder/s by renewing the agreement for an additional period. The renewal is subject to the payment of a new fee as applicable at the date of renewal for the new period required.

If the Cylinder Hirer does not wish to renew the agreement the cylinder must be returned to a Dandy Gas and a receipt will be issued.

SAFETY WARNING and DISCLAIMER OF LIABILITY

Users are reminded that oxygen and acetylene and other gases are potentially hazardous substances and care should be taken over their storage and use.

It is dangerous to use oil or grease on oxygen cylinders or equipment.

Dandy Gas can advise the proper handling procedures to be followed.

The Cylinder Hirer shall not himself or have any other party attempt to repair or tamper with any cylinder or parts thereon or have them refilled by or through any persons, form or corporation other than an Dandy Gas.

TO CUSTOMERS WHO INTEND TO TRANSPORT COMPRESSED GAS CYLINDERS IN CARS OR VANS

The undersigned is being supplied with industrial, specialty, or medical gases from Dandy gas which he/she intends to transport by car or closed van.

Dandy gas has told the undersigned that:

1. Transporting gas cylinders in cars, vans or enclosed spaces in other vehicles is dangerous and should be avoided.

2. Gas cylinders should never be transported in closed spaces such as the boot of a car

It is extremely dangerous and could cause an explosion, fire or asphyxiation.

3. In some circumstances, transporting gas cylinders containing liquid oxygen or flammable or toxic gases in an enclosed vehicle or compartment of a vehicle is prohibited by law.

4. Gas cylinders should be transported in a fixed upright position, with windows open for ventilation.

5. If cylinders are transported on their side they must be fastened so they cannot move, with windows open for ventilation.

6. It would be safer to wait and transport the cylinder(s) by open truck, or to let Dandy gas, where applicable, arrange delivery.

if the undersigned still intends to transport the gas cylinder(s) by car or van then the supply of gases is subject to the undersigned agreeing to the following:-

the undersigned assumes the risk of bodily injury to himself/herself or any other person or of loss of or damage to the vehicle or any other property directly or indirectly caused by, or resulting from, the transporting of the gas cylinder(s) by the undersigned, and

releases Dandy gas, employees and officers from and indemnifies them against any liability for bodily injury to any person or loss or damage to any property including but not limited to consequential loss or damage) directly or indirectly caused by, or resulting from, the transporting of the gas cylinder(s) by the undersigned.

this warning is taken by the cylinder hirer as a disclaimer of any liability by Dandy gas, employees and officers