Terms of Sale

 Payment Terms

Where credit has been established, our terms are net cash thirty (30) days.  Invoices will be dated as of the date of shipment.  While credit is being established, our terms are C.O.D. 

 Ordering Information

Orders must be in writing and are subject to approval and confirmation upon receipt at our office.

Cancellation of orders for standard items may not be made without written consent.  Orders for material made special to customer’s specifications may not be canceled without payment to Thermo Valves Corporation for all expenses involved, and then only by special permission.

Orders should specify method of shipment.  If routing is not specified or cannot be complied with, shipment will be made by the most convenient method.  Shipping point is F.O.B. Thermo Valves warehouse with transportation charges billed in accordance with terms of our published price sheets or quotations.

All orders are subject to a minimum order requirement of Twenty Five ($25.00) Dollars net billing per invoice.  Prices on all products are subject to change without notice.

 Limited Warranty

Products of Thermo Valves Corporation are guaranteed against defects in material and workmanship for a period of one (1) year from the date of shipment from our warehouse.  This warranty is limited to replacement or repairing, F.O.B. warehouse, any material which upon our inspection on our premises we find to be thus defective.  Transportation charges on material returned must be prepaid.

Dimension and specifications of catalogued items are standard, and we shall adhere to these standards whenever possible, reserving, however, the right to make changes without notice.

Except as expressly stated above, Seller makes no warranty, expressed or implied, whether of merchantability or fitness for any particular purpose or use or otherwise, on any product, or on any parts or labor furnished during the sale, delivery or servicing of any product.

 Limitation of Liability

Seller shall not be liable to the Buyer or to any other person, firm, or corporation for any incidental or consequential loss, damage, or injury arising out of any breach of warranty or any other act or default relating to Buyer’s order or to products or services provided to Buyer, even if any such loss, damage, or injury is caused by Seller’s negligence.  The correction of defects as provided in the warranty statement above shall constitute Seller’s full obligation with respect to all claims and Seller’s liability shall in no event exceed the unit purchase price of the product in question.

Any lawsuit or other action based upon breach of this contract or upon any other claim arising out of this sale (other than an action by Seller for any amount due Seller by Buyer) must be commenced within one year from the date of the tender of delivery by the Seller or, in the case of cause of action based upon an alleged breach of warranty, within one year from date within the warranty period on which the defect is or should have been discovered by Buyer.

 Notice of Claims

Immediately upon receipt of the goods, Buyer shall inspect the same.  Any claims for shortage must be made within ten (10) days after Buyer’s receipt.  All other claims, including, but not limited to, for alleged defective goods, must be made within fifteen (15) days after Buyer learns of the fact upon which such claim is based.

 Return of Material

Materials may not be returned for credit without our written permission.  Returned material must be accompanied by instructions as to disposition.

 Taxes

Prices do not include any federal, state or municipal sales, excise or other taxes which the company is required by law to collect.  Such taxes will be billed in addition to the prices listed on the applicable price sheet or quotation.

 Patents

Buyer will indemnify and defend Thermo Valves Corporation from and against any expense or loss resulting from infringements of patents or trademarks arising from compliance with designs, specifications or instructions furnished by Buyer.

 Warning

In order to ensure proper and continued performance of Thermo products, regular inspection and maintenance is required to detect any corrosion or unusual wear of metallic and nonmetallic parts.

Unless a valve has an original manufacturer’s label that states “NITROX USE ONLY” or has the letter “E” permanently stamped by the manufacturer after the manufacturing month and year on the valve body, all other Thermo scuba equipment is designed and intended for use only with clean, compressed atmospheric air (21% oxygen and 79% nitrogen by volume).  DO NOT use this equipment with any other gas or enriched oxygen mixture above 21% oxygen.  Use of other gases or enriched oxygen materials could result in death or serious injury, fire, explosion, or other serious deterioration or failure of the equipment.

If a valve has an original manufacturer’s label that states “NITROX USE ONLY” or has the letter “E” permanently stamped by the manufacturer after the manufacturing month and year on the valve body, the following warnings apply:

This valve is to be operated, maintained and installed only by individuals who have been trained by a recognized agency in SCUBA Diving and in the use of oxygen enriched breathing air.

This valve is designed and tested for oxygen enriched breathing air with an oxygen content not to exceed 40% use only!

This valve must be installed in a cylinder which has been cleaned and tested for oxygen use according to CGA G-4.1.

Valve and cylinder must be maintained in an oxygen clean condition.  Any contamination by oil, grease, etc.. will cause a hazardous condition which could result in an explosion of the valve, cylinder or regulator.  If the valve or cylinder is contaminated by oil, grease, etc.., the valve and cylinder must be recleaned and tested for oxygen use by a competent facility and in accordance with Compressed Gas Association Pamphlet G-4.1 “CLEANING EQUIPMENT FOR OXYGEN SERVICE”.

IF AT ANY TIME THIS VALVE IS USED WITH GRADE E BREATHING AIR OR ANY GAS OTHER THAN OXYGEN ENRICHED BREATHING AIR, DO NOT USE THE VALVE FOR OXYGEN ENRICHED BREATHING AIR THEREAFTER!

If a lubricant is used on the o-rings or upon insertion of the valve into a cylinder, only use lubricants approved for oxygen use.

Before attaching the regulator to the valve, open the valve slightly for an instant in order to clear the opening of particles of dust, dirt and to remove any moisture.

ALWAYS OPEN VALVE SLOWLY UNTIL PRESSURE BUILDS UP THROUGHOUT THE REGULATOR!

Valve is to be used and maintained according to Compressed Gas Association Pamphlet V-9 “STANDARD FOR COMPRESSED GAS CYLINDER VALVES” and Pamphlet G-4 “OXYGEN”. 

 Notice

The terms and conditions set forth above are part of Thermo Valves Corporation’s product(s).  They may not be added to, modified, superseded, or otherwise altered, except by a written instrument signed by an Authorized representative of Thermo Valves Corporation.  Please understand that by sending your purchase order or any other document for any product(s) offered for sale by Thermo Valves Corporation or accepting delivery for such product(s), you agree to the terms and conditions above.  Any different or additional terms and conditions in your acceptance of this offer are objected to.