Consumers General Terms and Conditions of Quality Gas
IMPORTANT: BEFORE PURCHASING ANY PRODUCTS FROM QUALITY GAS, PLEASE REVIEW THE PRODUCT USAGE AND SAFETY INSTRUCTIONS LOCATED ON OUR WEBSITE ATHelp & Safety Page BY ORDERING PRODUCTS FROM QUALITY GAS, YOU AGREE TO FULLY ADHERE TO THESE INSTRUCTIONS.
THIS DOCUMENT CONTAINS CRUCIAL INFORMATION REGARDING YOUR RIGHTS, RESPONSIBILITIES, AND ANY LIMITATIONS OR EXCLUSIONS THAT MAY APPLY. PLEASE READ IT THOROUGHLY.
THIS AGREEMENT REQUIRES DISPUTES TO BE RESOLVED THROUGH ARBITRATION ON AN INDIVIDUAL BASIS, INSTEAD OF THROUGH JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER WITH QUALITY GAS, YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OLD OR OF LEGAL AGE TO FORM A BINDING CONTRACT WITH QUALITY GAS, OR (C) ARE RESTRICTED BY LAW FROM ACCESSING OR USING THE QUALITY GAS WEBSITE OR ANY CONTENT, GOODS, OR SERVICES OFFERED THEREIN.
Definitions
Agreement: Refers to the contract between the Customer and Quality Gas for the provision of Products.
Customer(s): Includes any individual or business entity interacting with Quality Gas, including their representatives, agents, successors, and visitors to the Quality Gas website.
Quality Gas: Refers to Quality Gas, a corporation established in Nevada.
Party or Parties: Refers to Quality Gas and the Customer, either individually or collectively.
Product(s): Refers to the products provided by Quality Gas under the Agreement, including but not limited to N2O dispensers
Terms and Conditions: These U.S. General Terms and Conditions of Quality Gas.
Applicability These Terms and Conditions apply to all offers and transactions from Quality Gas and exclusively govern the relationship between Quality Gas and its Customers. This includes any agreements, amendments, or supplemental agreements related to free products, samples, or promotional items. They also apply if third parties are involved in delivering Products.
Other terms and conditions will only be binding if explicitly accepted in writing by Quality Gas. Any purchase order issued by the Customer is for administrative purposes only, and additional or conflicting terms will not be accepted.
Quality Gas reserves the right to amend these Terms and Conditions at any time, with new or revised terms becoming effective after a thirty (30) day notice period.
In the event of any discrepancies between the Agreement and these Terms and Conditions, the terms in the Agreement will prevail. The provisions here will not affect any rights Quality Gas may have under applicable laws.
Offers and Acceptance All offers made by Quality Gas are non-binding and may be revoked at any time unless specified otherwise in writing. Any changes made by Quality Gas to an offer will result in a new offer, nullifying the previous one. Changes by the Customer to an offer will constitute a new offer, which Quality Gas may accept or reject at its discretion.
Offers will only be considered accepted when confirmed in writing by Quality Gas. All verbal or written information, including price lists and other materials, are binding only if explicitly included and confirmed in writing within the Agreement.
Customer acknowledges that all samples, drawings, and specifications provided are for illustrative purposes only. While Quality Gas strives for accuracy, it cannot guarantee the absence of errors.
All information provided by Quality Gas with an offer remains its sole and exclusive property.
Prices and Taxes Product configurations and prices are subject to change. Quality Gas can modify price lists, brochures, and other documents at any time. The Customer agrees to these changes unless written objections are made within seven (7) business days of receiving an invoice with the new prices. No objections will be considered for changes due to unforeseen circumstances like new laws or significant raw material price increases.
Prices exclude local taxes, which are the Customer’s responsibility. Additionally, the Customer will cover costs related to packaging, transport, and insurance unless otherwise agreed in writing.
Each Agreement for Product delivery is treated as a separate contract.
Payment The Customer agrees to pay all invoiced amounts immediately upon receipt, without the right to set off. Late payments incur interest at a rate of 1.5% per month or the highest legal rate, whichever is lower. Payments will first cover interest and costs before addressing outstanding claims.
The Customer cannot withhold or delay payments due to issues with the Products or for any other reason. Any costs incurred by Quality Gas for collecting overdue payments, including collection agency fees, attorneys’ fees, and court costs, will be the Customer’s responsibility.
Delivery, Risk of Loss, and Title Quality Gas will deliver Products as per the Agreement. Delivery times are estimates, and Quality Gas is not liable for delays. Failure to meet delivery times is not considered a breach of the Agreement. If delivery times are exceeded, the Customer should notify Quality Gas in writing.
Quality Gas may use third parties for delivery. The risk of loss or damage passes to the Customer upon delivery Ex Works, even if ownership has not yet transferred. The Customer is responsible for any damage to the Products.
Quality Gas may change or discontinue Products at its discretion and is not liable for any resulting loss or damage to the Customer.
Inspection, Acceptance of Products Claims for shortages or shipping errors must be reported to Quality Gas within two (2) days of receipt. If not reported in time, Quality Gas is not obligated to correct the issues.
Upon receipt, the Customer should inspect the Products for defects and notify Quality Gas in writing within seven (7) days. After this period, Products are considered accepted. The Customer cannot reject or revoke acceptance after this period.
Quality Gas may inspect the goods subject to any alleged defect. Quality Gas is not obligated to replace or repair Products if they have been mishandled or improperly used by the Customer. The only remedy for defective Products is replacement or repair at Quality Gas’s discretion.
Returns and Refunds All sales are final. Products cannot be returned or refunded, except in the case of defective Products, and only according to the terms specified in these Terms and Conditions.
Limited Warranty Quality Gas warrants that Products will be free from defects in material and workmanship under normal use for thirty (30) days from delivery, provided they are used according to Quality Gas’s guidelines.
If a defect occurs within this period, the Customer must notify Quality Gas in writing within seven (7) days. Quality Gas’s liability is limited to replacing or repairing the defective Products and covering shipping costs.
Quality Gas is not obligated to replace or repair Products if they have been improperly handled or used. EXCEPT FOR THE WARRANTIES SPECIFIED ABOVE, QUALITY GAS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUALITY GAS IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, REVENUE, PROFIT, OR DATA. QUALITY GAS’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO QUALITY GAS IN THE MONTH PRIOR TO THE CLAIM.
Force Majeure Quality Gas is not liable for delays or failures in performance due to events beyond its control, including but not limited to natural disasters, war, government actions, or labor disputes. Quality Gas may terminate or suspend the Agreement without liability in such cases.
Indemnification The Customer agrees to indemnify Quality Gas and its affiliates from any losses, damages, or liabilities arising from (i) the Customer’s use or misuse of the Products, (ii) breach of these Terms and Conditions, or (iii) gross negligence or willful misconduct by the Customer.
Compliance with Law The Customer must comply with all applicable laws, regulations, and ordinances regarding the purchase, use, and disposal of Products. The Customer must maintain all necessary licenses and permits.
Intellectual Property Rights All intellectual property rights related to the Products remain the property of Quality Gas or its licensors. The Customer is granted no rights to these intellectual property rights and may not attempt to copy, alter, or reverse engineer the Products.
Confidential Information All confidential information disclosed by Quality Gas to the Customer must be kept confidential and used solely for performing the Agreement. Quality Gas is entitled to injunctive relief for any breach of this confidentiality obligation. Confidentiality does not apply to information that is public, rightfully obtained from a third party, independently developed, or required by law.
Governing Law and Dispute Resolution These Terms and Conditions and any agreements with Quality Gas are governed by the laws of the State of Nevada. Disputes will be resolved through arbitration administered by the American Arbitration Association in Las Vegas, Nevada.
Miscellaneous Failure to enforce any right or provision does not constitute a waiver. If any provision is invalid or unenforceable, the remaining provisions remain in effect, and the invalid provision will be modified to be enforceable. The Customer may not assign rights or delegate obligations without Quality Gas’s consent. These Terms and Conditions constitute the entire agreement between Quality Gas and the Customer and supersede all prior agreements. Amendments must be in writing and signed by Quality Gas.
