2.1 Cylinder Quick accepts the Client’s Order on these terms and the entire agreement between Cylinder Quick and the Client is comprised in these Terms, (except to the extent that they are modified in writing and signed by both parties) the completed Order form and the guarantee, if any, and it is expressly agreed that there are no other understandings, representations or warranties of any kind, (express or implied) forming part of this contract. In particular:

2.1.1 Any condition contained in the Client’s Order which is inconsistent with qualities, or is contrary to these Terms shall be of no effect unless that condition is expressly accepted in writing by Cylinder Quick.

2.1.2 Any variation, waiver or cancellation of the Client’s Order shall be of no effect unless accepted in writing by Cylinder Quick. Where Cylinder Quick accepts cancellation Cylinder Quick may levy a handling charge of up to 10% of the Price.

2.1.3 Where Cylinder Quick (in its sole discretion) agrees to a variation in the Products under any order, the Products under the varied order shall be priced either at the rate applicable to the original Order or the revised Order at the absolute discretion of Cylinder Quick.

2.2 If any Terms (or part thereof contained in these Terms) are held to be invalid, illegal, unenforceable, or void for any reason or reasons, all of the remaining Terms (or part thereof) shall remain in full force and effect.

2.3 The Client may not assign all or any of the rights or obligations of the Client under these Terms without the prior written consent of Cylinder Quick.

3.1 Any instructions accepted by Cylinder Quick from the Client under any Order for the supply of Products shall constitute a binding contract and acceptance of the Terms contained herein.

4.1 The Client authorises Cylinder Quick to request, collect, retain and use any information about the Client, for the purpose of assessing the Client’s credit worthiness, enforcing any rights under this contract, or marketing any Products provided by Cylinder Quick to any other party.

4.2 The Client authorises Cylinder Quick to disclose any information obtained to any person for the purposes set out in clause 4.1.

4.3 Where the Client is a natural person the authorities under clauses 4.1 and 4.2 are authorities or consents for the purposes of the Privacy Act 1993.

5.1 Where no Price is stated or agreed to in writing, the Products s shall be deemed to be sold at the current amount as such Products are sold by Cylinder Quick at the time of the Order.

5.2 The price may be increased by the amount of any reasonable increase in the cost of supply of the Products that is beyond the control of Cylinder Quick between the date of the Order and delivery of the Products.

5.3 Cylinder Quick accept no liability for lack of availability of any of its Products.

6.1 Cylinder Quick reserves the right to not supply any Products until:

6.1.1 Where requested by Cylinder Quick an Order form has been completed in full to the satisfaction of Cylinder Quick; and

6.1.2 Payment has been made.

6.2 Unless agreed otherwise:

6.2.1 Payment in full for any Order is required prior to Cylinder Quick commencing the completion of the Order for any Products. For the avoidance of doubt, such payment includes any shipping costs which Cylinder Quick incurs.

6.2.2 Cylinder Quick reserves the right to alter the shipping price due to circumstances beyond its control.

6.3 Cylinder Quick reserves the right to issue a new invoice in relation to any variations that are agreed between the parties in relation to the Products to be provided or increased shipping costs incurred for any reason.

6.4 Interest may be charged on any amount owing after the due date at the rate of 2.5% per month or part month.

6.5 Any expenses, disbursements and legal costs incurred by Cylinder Quick in the enforcement of any rights contained in this contract shall be paid by the Client, including any reasonable solicitor’s fees or debt collection agency fees.

7.1 Where a quotation is given by Cylinder Quick for Products :

7.1.1 Unless otherwise started by Cylinder Quick the quotation shall be valid for thirty (30) days from the date of issue;

7.1.2 The quotation shall be exclusive of goods and services tax unless specifically stated to the contrary; and

7.1.3 Cylinder Quick reserves the right to alter the quotation because of circumstances beyond its control.

7.2 Where Products are required in addition to the quotation the Client agrees to pay for the additional cost of such Products.

8.1 The Client authorises Cylinder Quick to contract either as principal or agent for the provision of Products subject to these Terms.

8.2 Where Cylinder Quick enters into a contract of the type referred to in clause 8.1 it shall be read with and form part of this agreement and the Client agrees to pay any amounts due under that contract.

9.1 No claim relating to Products will be considered unless made within seven (7) days of delivery.

9.2 In the absence of any obligations owed under legislation or other law, Cylinder Quick reserve their right to apply its sole discretion in deciding whether to issue a refund. Refunds shall not be issued if work has commenced once an Order has been placed for Products.

10.1 The Consumer Guarantees Act 1993, the Fair Trading Act 1986 and other statutes may imply warranties or conditions or impose obligations upon Cylinder Quick which cannot by law (or which can only to a limited extent by law) be excluded or modified. In respect of any such implied warranties, conditions or obligations imposed on Cylinder Quick, Cylinder Quick’s liability shall, where it is allowed, be excluded or if not able to be excluded only apply to the minimum extent required by the relevant statute.

10.2 Except as otherwise provided by clause 10.1 Cylinder Quick shall not be liable for:

10.2.1 Any loss or damage of any kind whatsoever, arising from the supply of Products by Cylinder Quick to the Client, including consequential loss whether suffered or incurred by the Client or another person and whether in contract or tort (including negligence) or otherwise and irrespective of whether such loss or damage arises directly or indirectly from Products provided by Cylinder Quick to the Client; and

10.2.2 The Client shall indemnify Cylinder Quick against all claims and loss of any kind whatsoever however caused or arising and without limiting the generality of the foregoing of this clause whether caused or arising as a result of the negligence of Cylinder Quick or otherwise, brought by any person in connection with any matter, act, omission, or error by Cylinder Quick its agents or employees in connection with the Products .

10.3 If, contrary to the disclaimer of liability contained in these Terms, Cylinder Quick is deemed to be liable to the Client, following and arising from the supply of Products by it to the Client then it is agreed between Cylinder Quick and the Client that such liability is limited in its aggregate to $500.00.

12.1 Any time specified by Cylinder Quick for delivery of Products is an estimate only and Cylinder Quick shall not be liable for any loss or damage incurred by the Client as a result of delivery being outside this estimate.

13.1 Any dispute, doubt or question arising between Cylinder Quick and the Client hereto touching the construction or meaning contained or implied in these Terms, or the rights or liabilities of the parties hereto, shall be referred to the arbitration of a single arbitrator in the case where the parties can agree upon one and failing agreement to the arbitration of two arbitrators, one to be appointed by the Client and one to be appointed by Cylinder Quick or in the case of the disagreement of such two arbitrators to their umpire to be appointed by the arbitrators before entering upon the reference and in either case in accordance in all respects with the provisions contained in the Arbitration Act 1996 or any statutory modification or re-enactment thereof for the time being in force.

14.1 Electronic signatures for any Order shall be deemed to be accepted by either party providing that the parties have complied with Section 22 of the Electronic Transactions Act 2002 or any other applicable provisions of that Act or any Regulations referred to in that Act.

15.1 Unless expressly agreed to otherwise in writing between the parties:

15.1.1 Copyright and other intellectual property rights in all Products and other things capable of ownership commissioned and paid for by the Client as part of the Order shall vest in Cylinder Quick.

16.1 All risk for Products shall pass to the Client as soon as such Products are sent by Cylinder Quick. Cylinder Quick’s liability for Products shall cease immediately upon Products being collected by courier or other form of post from the premises the Products are stored.

16.2 Cylinder Quick accepts no liability for any damage to Products whilst in transit to the Client.