Terms & Conditions
In these Terms and Conditions the following expressions will have the following meanings unless inconsistent with the context:
“B.A.” Balloon Agencies Pty Ltd) and/or any member of the PCHI Group of Companies
“Buyer” the person(s), firm or company whose order for the Products is accepted by B.A.
“Contract” any contract between B.A. and the Buyer for the sale and purchase of the Products
"GST Act" means in relation to a company, that company and any other company which, at the relevant time, is that company's holding company, or an associated or related entity (in accordance with s.50 or s.50AAA of the Corporations Act 2001) ,or the subsidiary, of any such holding company
means A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended and any of its regulations, further "GST", "Supply", "Taxable Supply", "Registered" and "Tax Invoice" have the same meaning as in the GST Act.
“Products” any products which B.A. supplies to the Buyer (including any of them or any part of them) under a Contract
“Terms and Conditions” the standard terms and conditions of sale set out in this document together with any special terms agreed in writing between the Buyer and B.A..
2. FORMATION AND INCORPORATION
2.1. Subject to any variation under Condition 12.5, the Contract will be upon these Terms and Conditions, to the exclusion of all other terms and conditions and all previous oral or written representations including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order or similar document, whether or not such document is referred to in the Contract.
2.2. Each order will be deemed to be an offer by the Buyer to purchase Products upon these Terms and Conditions. The Contract is formed when the order is accepted by B.A. by way of a written acknowledgement of order. No contract will come into existence until a written acknowledgement of order is issued by B.A..
2.3. Subject to Condition 7.2, the Buyer may not cancel the Contract. B.A. may cancel the Contract at any time prior to delivery of the Product.
3.1. The quantity and description of the Products will be as set out in B.A.’s acknowledgement of order or B.A.’s or the manufacturer’s specification.
3.2. B.A. may make any change to the specification, design, materials or finishes of the Products which are:
3.2.1. required to conform with any applicable safety, statutory or regulatory requirement; or
3.2.2. do not materially affect their quality or performance.
4. SERVICE LEVELS, SURCHARGES & FREIGHT
4.1. B.A. shall endeavour to dispatch all orders received for ‘Quick and Compact’ service before 12 midday AEST that same day. Orders received for the ‘Shelf Filler’ service shall be targeted for dispatch within 48 hours of receipt. These objectives are only in relation to orders that have been prepaid by the cutoff time, or for which the order is able to be processed without the buyer being outside of their credit terms (limit or due date).
4.2. Orders under the value of $100 excluding GST will attract a surcharge of $10 plus GST
4.3. If the Buyer requires B.A. to send your order directly to a customer, the Buyer will be responsible for B.A.’s actual cost of freight to deliver that order or the actual cost of freight if the order is exceeding $150 excluding GST.
4.4. Otherwise, for a standard delivery service (where B.A. nominates the carrier), B.A. will invoice the Buyer a flat rate freight cost which varies by order value, according to the freight charge table published at the time of order
4.5. If the Buyer requests a specific service provider, or an expedited delivery, B.A. may choose to invoice an additional or higher freight charge according to the costs of providing the specified service.
4.6. B.A. only accepts goods returned in the event that they are defective, unless separately agreed in writing. Where such agreement is made, a surcharge of 20% of the order value will be applied as a restocking fee.
5. PRICE AND PAYMENT
5.1. The price for the Products will be the price set out in B.A.’s published price list current at the date of acceptance of order and unless otherwise specified in B.A.’s written acknowledgement of order or when B.A. accepts the order is:
5.1.1. inclusive of any costs of packaging and carriage, and;
5.1.2. exclusive of GST and any other applicable sales tax or duty which will be added to the sum in question.
5.2. B.A. may invoice the Buyer for the Products on or at any time after delivery, unless the Products are to be collected by the Buyer or the Buyer wrongfully fails to take delivery of the Products, in which event B.A. shall be entitled to invoice the Buyer for the price at any time after B.A. has notified the Buyer that the Products are ready for collection or (as the case may be) B.A. has tendered delivery of the Products.
5.3. Payment is due prior to delivery unless a credit period is agreed in writing by B.A., or immediately upon termination of the Contract, whichever occurs first.
5.4. All payments to be made by the Buyer under the Contract will be made in full without any set-off, restriction or condition and without any deduction for or on account of any counterclaim, unless expressly agreed in writing by a director of B.A..
5.5. If any sum payable under the Contract is not paid when due then, without prejudice to B.A.’s other rights under the Contract, that sum will bear interest from the due date until payment is made in full, both before and after any judgement, at 1.5% per month, calculated and charged monthly and B.A. will be entitled to suspend deliveries of the Products, without notice, until the outstanding amount has been received.
6.1. B.A. may deliver the Products by separate instalments. Each instalment will be a separate Contract and no cancellation or termination of any one Contract relating to an instalment stage will entitle the Buyer to repudiate or cancel any other Contract or instalment. Each separate instalment or stage will be invoiced and paid for in accordance with the provisions of the Contract.
7.1. Delivery of the Products shall be made by the Buyer collecting the Products at B.A.’s premises at any time after B.A. has notified the Buyer that the Products are ready for collection or, if some other place for delivery is agreed by B.A., by B.A. delivering the Products to that place. In the event that B.A. delivers Products to an address, other than the principal place of business nominated by the Buyer, the Buyer will be responsible and pay all costs of delivery.
7.2. If the Buyer fails to take delivery, or provide any necessary documents, the Products will be deemed to have been delivered and B.A., without prejudice to its other rights, may at its option:
7.2.1. store or arrange for storage of the Products until actual delivery or sale and charge the Buyer for all related costs and expenses (including, without limitation, storage and insurance); and/or
7.2.2. following written notice to the Buyer, sell any of the Products at the best price reasonably obtainable in the circumstances and charge the Buyer for any shortfall below the price under the Contract.
7.3. B.A. will use reasonable endeavours to deliver each of the Buyer’s orders for the Products within the time agreed when the Buyer places an order and, if no time is agreed, then within a reasonable time, but the time of delivery will not be of the essence. If, despite those endeavours, B.A. is unable for any reason to fulfil any delivery or performance on the specified date, B.A. will be deemed not to be in breach of the Contract, nor (for the avoidance of doubt) will B.A. have any liability to the Buyer for direct, indirect or consequential loss (all three of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused (including as a result of negligence) by any delay or failure in delivery except as set out in this Condition 6.3. If B.A. fail to deliver the Products, B.A.'s liability shall be limited to the costs and expenses incurred by the Buyer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Products. Any delay in delivery will not entitle the Buyer to cancel the order unless and until the Buyer has given 45 days’ written notice to B.A. requiring the delivery to be made and B.A. has not fulfilled the delivery within that period. If the Buyer cancels the order in accordance with this Condition 6.3 then:
7.3.1. B.A. will refund to the Buyer any sums which the Buyer has paid to B.A. in respect of that order or part of the order which has been cancelled; and
7.3.2. the Buyer will be under no liability to make any further payments under Condition 4 in respect of that order or part of the order which has been cancelled.
7.4. The Buyer must notify B.A. if not all of the Products scheduled to be delivered are delivered at the time agreed for delivery:
7.4.1. by telephone no later than 48 hours after such time, or
7.4.2. in writing no later than 48 hours after such time
8. RISK AND TITLE
8.1. Risk in the Products will pass to the Buyer on completion of delivery. Delivery of the Products shall be completed on completion of loading of the Goods at B.A.'s premises (if being collected) or on the Products arrival at any delivery locations specified in Condition 7.1 (if being delivered).
8.2. Ownership of the Products will not pass to the Buyer until B.A. has received in full (in cash or cleared funds) all sums due to it in respect of:
8.2.1. the Products; and
8.2.2. all other sums which are or which become due to B.A. from the Buyer on any account.
8.3. Until ownership of the Products has passed to the Buyer, the Buyer must:
8.3.1. hold the Products on a fiduciary basis as B.A.’s bailee;
8.3.2. store the Products (at no cost to B.A.) separately from all other Products of the Buyer or any third party in such a way that they remain readily identifiable as B.A.’s property;
8.3.3. not destroy, deface or obscure any identifying mark or packaging on or relating to the Products; and
8.3.4. maintain the Products in satisfactory condition insured on B.A.’s behalf for their full price against all risks to the reasonable satisfaction of B.A., and will whenever requested by B.A. produce a copy of the policy of insurance.
8.4. The Buyer’s right to possession of the Products will terminate immediately if any of the circumstances set out in Condition 11.1 occur or if B.A. reasonably believes that any such event is about to happen and notifies the Buyer accordingly.
8.5. B.A. will be entitled to recover payment for the Products notwithstanding that title in any of the Products has not passed from B.A..
8.6. The Buyer grants B.A., its agents and employees an irrevocable licence at any time to enter any premises where the Products are or may be stored in order to inspect them, or, where the Buyer’s right to possession has terminated, to recover them.
8.7. Where B.A. is unable to determine whether any Products are the products in respect of which the Buyer’s right to possession has terminated, the Buyer will be deemed to have sold all products of the kind sold by B.A. to the Buyer in the order in which they were invoiced to the Buyer.
8.8. If the Buyer’s right to possession of the Products terminates in accordance with Condition 8.4, B.A. shall be entitled to issue the Buyer with a credit note for all or any part of the price of the Products together with value added tax, or GST, thereon.
8.9. On termination of the Contract, howsoever caused, B.A.’s (but not the Buyer’s) rights contained in this Condition 8 will remain in effect.
9. LIABILITY OF B.A.
9.1. B.A. warrants that (subject to any other provisions of these Terms and Conditions, or the implied warrants imposed by virtue of the terms of the Competition and Consumer Act 2010 (Cth), that cannot be otherwise excluded) on delivery and for a period of 6 months from the date of delivery the Products will be free from defects in material or workmanship. B.A. shall not be liable for a beach of the warranty in this Condition 8.1 if:
9.1.1. the Products have been improperly altered in any way whatsoever, or have been subject to misuse or unauthorised repair;
9.1.2. the Products have been improperly installed or connected;
9.1.3. any instructions as to storage of the Products or use of the Products have not been complied with in all respects; or
9.1.4. the Buyer has failed to notify B.A. of any defect or suspected defect within 14 days of delivery where the defect should be apparent on reasonable inspection, or within 14 days of the same coming to the knowledge of the Buyer where the defect is not one which should be apparent on reasonable inspection, and in any event no later than 6 months from the date of delivery.
9.2. Subject to Condition 8.1 if any Product does not conform to the warranty in Condition 9.1 B.A. shall refund the price of such Product or if agreed with B.A. replace such Product. If B.A. so requests the Buyer shall return the Product which does not conform with the warranty in Condition 8.1 to B.A..
9.3. Subject to Conditions 8.6 and 8.7 B.A.’s maximum aggregate liability for any breach of the warranty in Condition 8.1 (whether in contract, tort, breach of statutory duty, restitution or otherwise) will be limited to the price of the Product.
9.4. Any Products which have been replaced will belong to B.A.. Any replacement Products will be warranted under the terms specified in Condition 8.1 for the unexpired portion of the 6 month period from the original date of delivery of the replaced Products.
9.5. In the event of any breach of B.A.’s express obligations under Conditions 7.3, 9.1 9.2 and 9.4 above the remedies of the Buyer will be limited to damages in an amount no greater than the value of the Product.
9.6. Subject to Conditions 7.3 and 9.1 to 9.6, B.A. will be under no liability to the Buyer whatsoever (whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and like loss) howsoever caused arising out of or in connection with:
9.6.1. any of the Products, or the manufacture or sale or supply, or failure or delay in supply, of the Products by B.A. or on the part of B.A.’s employees, agents or sub-contractors;
9.6.2. any breach by B.A. of any of the express or implied terms of the Contract;
9.6.3. any use made or resale by the Buyer of any of the Products, or of any product incorporating any of the Products; or
9.6.4. any statement made or not made, or advice given or not given, by or on behalf of B.A. Subject to Conditions 6.3 and 8.1 to 8.6, B.A. hereby excludes to the fullest extent permissible in law, all conditions, warranties and stipulations, express (other than those set out in the Contract) or implied, statutory, customary or otherwise which, but for such exclusion, would or might subsist in favour of the Buyer.
9.7. Each of B.A.’s employees, agents and sub-contractors may rely upon and enforce the exclusions and restrictions of liability in Conditions 7.3, 9.3 and 9.5 to 9.8 in that person’s own name and for that person’s own benefit, as if the words “its employees, agents and sub-contractors” followed the word B.A. wherever it appears in those conditions save each reference in Condition 9.6.1.
9.8. Subject to Conditions 9.2, 9.6 and 9.7 B.A.’s aggregate liability under these conditions (whether in contract by way of indemnity or otherwise) or tort (including negligence) breach of statutory duty restitution or otherwise) for any damage or loss howsoever caused will be limited to the price of the Products except as expressly provided in these Conditions.
9.9. The Buyer acknowledges that the above provisions of this Condition 9 are reasonable and reflected in the price which would be higher without those provisions, and the Buyer will accept such risk and/or insure accordingly.
9.10. Other than the above provision of this Condition 8, no express warranty is given in respect of the Products. All warranties, conditions and representations which are capable of exclusion, and are not implied by virtue of the Competition and Consumer Act 2010 (Cth), or are not expressly contained in Condition 8, are expressly excluded.
9.11. Any Product that has been ordered by the Buyer, which does not form part of B.A.'s ordinary Product range and catalogue, or is a special order Product, or is a Product that has been customized for the Buyer, shall not, save for any provision of Competition and Consumer Act 2010 (Cth) (where such provision is not capable is not capable of being excluded), eligible for return,
10. FORCE MAJEURE
B.A. will not be liable to the Buyer for any failure or delay or for the consequences of any failure or delay in performance of the Contract, if it is due to any event beyond the reasonable control of B.A. including, without limitation, acts of God, war, industrial disputes, protests, fire, tempest, explosion, an act of terrorism and national emergencies and B.A. will be entitled to a reasonable extension of time for performing such obligations.
11.1. B.A. may by written notice terminate the Contract immediately if any of the following events happen, or B.A. reasonably believes that such events are about to happen:
11.1.1. the Buyer suspends, or threatens to suspend, payment of its debts, or is unable to pay its debts as they fall due or admits inability to pay its debts, or (being a company) is deemed unable to pay its debts or is insolvent within the meaning of the Corporations Act 2001, or (being a partnership) has any partner to whom any of the foregoing apply;
11.1.2. the Buyer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than (where the Buyer is a company) where these events take place for the sole purpose of a scheme for a solvent amalgamation of the Buyer with one or more other companies or the solvent reconstruction of the Buyer;
11.1.3. (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Buyer, the appointment of an administrator, manager or liquidator, other than for the sole purpose of a scheme for a solvent amalgamation of the Buyer with one or more other companies or the solvent reconstruction of the Buyer;
11.1.4. (being an individual) the Buyer is the subject of a bankruptcy petition, notice, or sequestration order;
11.1.5. a creditor or encumbrancer of the Buyer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
11.1.6. (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Buyer;
11.1.7. (being a company) a floating charge holder over the Buyer's assets has become entitled to appoint or has appointed an administrative receiver;
11.1.8. a person becomes entitled to appoint a receiver over the Buyer's assets or a receiver is appointed over the Buyer's assets;
11.1.9. any event occurs, or proceeding is taken, with respect to the Buyer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in Condition 10.1.1 to Condition 10.1.8 (inclusive);
11.1.10. the Buyer suspends, threatens to suspends, ceases or threatens to cease to carry on all or substantially the whole of its
11.1.11. the Buyer's financial position deteriorates to such an extent that in the Supplier's opinion the Buyer's capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; and
11.1.12. (being an individual) the Buyer dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation.
11.2. The termination of the Contract howsoever arising is without prejudice to the rights, duties and liability of either the Buyer or B.A. accrued prior to termination. The conditions which expressly or impliedly have effect after termination will continue to be in force notwithstanding termination.
12.1. Time for performance of all obligations of B.A. is not of the essence.
12.2. Each right or remedy of B.A. under the Contract is without prejudice to any other right or remedy of B.A. whether under the Contract or not.
12.3. If any condition or part of the Contract is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision will, to the extent required, be severed from the Contract and will be ineffective, without, as far as is possible, modifying any other provision or part of the Contract and this will not affect any other provisions of the Contract which will remain in full force and effect.
12.4. No failure or delay by B.A. to exercise any right, power or remedy will operate as a waiver of it, nor will any partial exercise preclude any further exercise of the same, or of any other right, power or remedy.
12.5. Save as set out in the Contract, these Terms and Conditions may only be varied or amended in writing and signed by a director of B.A..
12.6. B.A. may assign, delegate, license, hold on trust or sub-contract all or any part of its rights or obligations under the Contract.
12.7. The Contract is personal to the Buyer who may not assign, delegate, license, hold on trust or sub-contract all or any of its rights or obligations under the Contract without B.A.’s prior written consent.
12.8. The Contract contains all the terms which B.A. and the Buyer have agreed in relation to the Products and supersedes any prior written or oral agreements, representations or understandings between the parties relating to such Products. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of B.A. which is not set out in the Contract. Nothing in this Condition 12.8 will exclude any liability which one party would otherwise have to the other party in respect of any statements made fraudulently. .
12.9. Any notice in connection with the Contract will be in writing addressed to the other party at its registered office, or principal place of business and will be delivered by hand, or pre-paid ordinary post, or registered post. The notice will be deemed to have been duly served, if delivered by hand, when left at the proper address for service or if made by pre-paid ordinary post, or registered post, 48 hours after being posted.
12.10. The formation, existence, construction, performance, validity and all aspects whatsoever of the Contract or of any term of the Contract will be governed by the laws of the State of NSW. The courts of the state of New South Wales will have exclusive jurisdiction to settle any dispute which may arise out of, or in connection with the Contract. The parties agree to submit to the exclusive jurisdiction of the Courts of the State of NSW and the parties consent to the non-exclusive jurisdiction of the Local Court closest to the Company’s head office.
13.1. The Buyer acknowledges that this Contract constitutes a Security Agreement for the purposes of the Personal Property Securities Act 2009 (Cth) (PPSA):
13.1.1. the Buyer grants a Security Interest in the Products to B.A..
13.1.2. B.A. will register its Security Interest in the Products and, if this Contract constitutes a PPS Lease, then as a Purchase Money Security Interest, on the PPS Register;
13.1.3. where the PPSA applies to action taken by B.A. in relation to the Products, the Buyer agrees that:
220.127.116.11. sections 116(2), 120, 125, 142 and 143 of the PPSA will not apply;
18.104.22.168. the Buyer waives its right to receive notices under sections 95, 118(1)(b), 121(4), 123(2), 130, 135, 132(3)(d) and 132(4) and any verification statement; and
13.1.4. the terms “Security Agreement”, “Security Interest”, “Purchase Money Security Interest”, “Collateral” and “PPS Register” in this clause have the same meaning as described to them in the PPSA.
13.1.5. the Buyer undertakes to;
22.214.171.124. Promptly sign any further documents and or provide B.A. further information which B.A. may required to register a financial statement or financing statement or financing change statement, or register any other document required to be registered by the PPSA.
126.96.36.199. Indemnify, and upon demand reimburse, B.A. for all expenses incurred in registering a financing statement of financing change statement on the PPSA.
13.1.6. Confidentiality Agreement: The Buyer and B.A. agree to keep information required under the PPSA, and in particular required by section 275(1) of the PPSA confidential and will not disclose this information to any person or any interested person without written consent from B.A.. This clause constitutes a confidentiality agreement for the purposes of section 275(6)(a) of the PPSA. This clause is subject to the information allowed by section 275(7) of the PPSA, which is to be available to interested persons by law.
13.1.7. The Buyer is not permitted to do any of the following: create or allow another interest (other than the present interest) in any Collateral or Products to be created or dispose of;
188.8.131.52. assign or declare a trust over the Collateral;
184.108.40.206. lease or licence the Collateral;
220.127.116.11. change the nature of the Collateral;
18.104.22.168. permit any of the Collateral to became an accession to any goods except with permission from B.A.;
22.214.171.124. permit any of the Collateral to be commingled with any product or mass that is not Collateral or subject to the Security Agreement;
126.96.36.199. change the location of the Collateral from which the Buyer carries on business;
188.8.131.52. remove or permit the removal of the Collateral to any place outside Australia; and/or
184.108.40.206. part with possession of any of the Collateral except with written agreement from B.A..
13.2. The Buyer irrevocably grants to B.A. the right to enter the Buyers premises to seize its Collateral if B.A. is exercising its rights under section 123 and/or 128 of the PPSA. If such an exercise takes place, the Buyer agrees to keep B.A. indemnified against any claims as a result of such exercise.
14. GOODS & SERVICES TAX (GST)
B.A. reserves the right, upon production of a Tax Invoice, to recover from the Buyer any Goods and Services Tax (GST) payable in respect of supply of Products. Unless expressly included all amounts of consideration expressed or described in any quotation or agreement are exclusive of GST. The Buyer must pay an additional amount equal to any applicable GST. The additional amount must be paid when the other consideration is payable or at any earlier time that the B.A. is obliged to pay or allow credit for the GST.
15. PRIVACY INFORMATIOM
15.1. B.A. may give information about the Buyer, its guarantors, directors or proprietors to a credit reporting agency for the following purposes:
15.1.1. to obtain a consumer credit report about the Buyer, its guarantors, directors or proprietors;
15.1.2. to allow the credit reporting agency to create or maintain a credit information file containing information about the Buyer, its guarantors, directors or proprietors; and
15.1.3. to obtain commercial credit information about the Buyer, its guarantors, directors or proprietors from a credit reporting agency.
16. INTELLECTUAL PROPERTY
Where Products are manufactured to the Buyers specifications, the Buyer indemnifies B.A. against any liability to or action by a third party for infringement or alleged infringement of any patent, registered design, trademark or copyright. The supply of Products to the Buyer does not grant the Buyer any intellectual property rights in or related to the Products, the services of B.A., or any supplier’s trade-marks, all of which remain the exclusive property of B.A. or the supplier. The Buyer acknowledges that the manufacturer or licensor of the Products may retain intellectual property and licensing rights in the Products. The Buyer accepts the Products subject to the terms and conditions specified by the manufacturer or licensor of the Products and the Buyer agrees to indemnify B.A. for any liability suffered by it to a manufacturer or licensor that may arise from the breach thereof. The Buyer agrees to promptly notify B.A. if the Buyer becomes aware of the actual or possible infringement of any intellectual property or licensing rights in the Products by any person.
17. PRODUCT INFORMATION, PHOTOS AND IMAGES
The Product range on B.A.’s website may vary from any printed catalogues. Product information, photos and images may differ from the actual Products. Photos and images on the website and in printed material are for general illustration purposes only.
Unless agreed in writing, all payments to B.A. must be in the denomination of the invoice raised by B.A.. This will usually be in Australian Dollars or in New Zealand Dollars. Payments remitted to B.A. in a currency other than invoice currency the must include all related and consequential bank charges, currency conversation costs (regardless of market fluctuations or exchange rates) and all other costs that may be incidental to or flowing from the alternative currency.
19. HIRED GOODS – CYLINDERS AND AIR INFLATORS
The buyer is responsible for the care and storage of all goods that are hired such as helium gas, until they are returned to B.A.. If hired goods are lost or damaged B.A. will invoice the Buyer for the costs of replacement or repair (as determined by B.A.). B.A. acts as an on-seller of helium gas and hire cylinders to the Buyer subject to an agreement with the suppliers of both the gas and cylinders who may change from time to time. The Buyer acknowledges that the use of any cylinders and / or helium gas is supplied on the basis that the prevailing general terms and conditions of supply of the Relevant Gas Supplier apply to the terms of sale and / or hiring, and those general terms and conditions of supply will be treated as terms and conditions of these trading terms. B.A. terms and conditions will apply to the extent of any inconsistency between Relevant Gas Supplier trading terms and these terms. A copy of the Relevant Gas Supplier general terms and conditions of sale may be made available on request.
Rental is charged on any cylinders that the Buyer holds hold at the applicable rate and B.A. will charge the Buyer at such times as B.A. determines. The buyer will be individually charged for each extra cylinder that the Buyer holds on a day of each month that B.A. advises in writing (which day will ordinarily accord with the date nominated by the Relevant Gas Supplier).
The Buyer responsible to ensure that any hired goods are used in a safe and sensible manner and that they are returned to B.A. Supplies in a safe and good condition.
The Buyer indemnifies B.A. and keeps B.A. indemnified against all loss, damage or injury (whether property, personal or otherwise) arising out of any negligent act or omission act or default by the Buyer in the use of the Hired Goods.