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Terms and Conditions of Sale
Effective as of Sept. 28, 2026.
For supplies, products, equipment, and gas
Except as provided in a separate written agreement, such as but not limited to a Cylinder Products and Welding Supplies Agreement, Cylinder Product and Services Agreement or a Welding Supplies Agreement, and negotiated by the parties and executed by authorized representatives of Seller and Buyer, each sale of Products or Supplies (collectively “Goods”) by Seller shall be governed by these Terms and Conditions of Sale ("Terms"). "Seller" refers to Air Liquide Canada Inc. "Buyer" refers to the purchaser of Products or Supplies from Seller. "Product(s)" refers to industrial, special or medical gases provided by Seller to Buyer. "Supplies" refers to welding and safety supplies and equipment provided by Seller to Buyer. Seller’s acceptance of any order is expressly subject to Buyer's assent to each and all of the terms and conditions set forth herein. These Terms represent the entire agreement with respect to the sale or rental of Products and, except as provided in a separate written agreement as set forth above, supersede all prior or contemporaneous written/oral communications between the parties and information in any Seller literature, website or catalog, and override and exclude any other terms and conditions stipulated, incorporated or referred to by Buyer, including without limitation any Buyer purchase order, and any prior course of dealing between the parties.
1. AGREEMENT.
Buyer shall not purchase any Products or Services on Seller’s website ("Site") unless Buyer is an authorized, registered user of the Site. By purchasing any Products or Services on the Site, Buyer accepts, without limitation or qualification, these Terms governing such purchase. If Buyer does not agree and accept, without limitation or qualification, these Terms, Buyer may not purchase from the Site. Seller reserves the right to modify and update these Terms at any time by e-mail, the Site or other commercially reasonable methods, and Buyer should carefully review these Terms before each purchase. These Terms, as modified, shall apply to all purchases of Products and/or Services on or after such update.
2. SPECIFICATIONS
The Goods sold hereunder as well as Seller’s gas containers used in the sale of gases (“Cylinders’’), shall conform to the standard specifications established by the Seller and shall comply with applicable codes and standards.
3. CYLINDERS
All of Buyer’s requirements of Product shall be supplied by Seller in Seller’s Cylinders. Buyer agrees that the Cylinders and any part or accessory thereof (including, as the case may be, but not limited to the quick connective coupling device, the SYGAL™ portable gas cylinder, the integrated regulator flowmeter and the filling station) are and shall remain the sole property of Seller. Buyer shall have the custody, care and control of the Cylinders. Buyer will not allow the Cylinders to become subject to any such lien and encumbrance or claim by a third party and shall, if any, promptly remove and procure the release of any such lien, encumbrance or claim. Buyer assumes all risk of loss or damage to the Cylinders or to any part or accessory thereof (excluding the on/off lever for ALTOP™ Cylinders), even in case of force majeure, from Cylinders’ delivery until Cylinders’ return to Seller’s point of shipment. Buyer shall notify Seller immediately of any damage to or malfunction of the Cylinders. Buyer shall not, nor shall Customer allow any third party to alter, adjust, repair or tamper with the Cylinders or any part or accessory thereof. Buyer agrees, even in the case of force majeure, not to have the Cylinders recharged with any product, gas, liquid or other material whatsoever by any person, firm or corporation other than Seller without the prior written consent form Seller.
4. CYLINDER RENTAL
Unless otherwise specified, cylinders, fittings and caps covered by these Terms are rented by Seller to Buyer at Seller’s current daily rates, beginning with the date of delivery. Rental charges are assessed as of the last day of each month or at the start of each annual lease period, as applicable.
5. INSPECTION
Buyer shall inspect the Goods and Cylinders upon their arrival. Should Buyer find that the Goods and/or Cylinders do not conform to the description herein, Buyer shall give written notice to that effect to Seller within 10 days from the arrival of such Goods and/or Cylinders. Failure of Buyer to give Seller such notice shall constitute an irrevocable acceptance of the Goods and/or Cylinders, and Buyer shall be bound to pay the full price thereof. If after irrevocable acceptance of the Goods, Buyer with Seller’s written consent, returns the Goods to Seller, a handling charge will be levied on all goods returned for credit, based on Seller’s policy at the time of return.
6. DELIVERIES AND TITLE TO GOODS
Delivery method for all orders shall be as stated on the Seller’s delivery note and/or invoice and, if not stated therein, shall be FOB Seller's Seller’s local producing and delivery facility. Delivery date(s) are determined from the date of each order of Goods and are estimates of approximate dates of delivery, not a guarantee of a particular day of delivery. Seller reserves the right to decline or cancel any order at any time prior to shipment. Risk of loss, theft or damages of Goods and Cylinders, and title to Goods, will pass to Buyer upon delivery. Title to Cylinders will remain in Seller’s name.
7. PAYMENT AND TAXES
Buyer shall pay the fees and prices set forth in these Terms and any other special non-price charges (including raw material, fuel and energy surcharges) that Seller may assess, from time to time. Unless otherwise specified, Buyer shall make payment in full within thirty (30) days after the date of Seller’s invoice. If Buyer does not pay on time, Seller may (i) place Buyer on C.O.D., (ii) suspend deliveries, or / and (iii) enter upon Buyer’s premises and repossess the Cylinders. Seller shall have the right to charge, on any amount unpaid 30 days after the invoice date, interest each month at 2% per month (24% per annum) Buyer agrees to pay all taxes (if any) upon the sale, delivery, storage, use and rental of the Goods or the Cylinders.
8. WARRANTIES
Products - Seller warrants that the Products delivered to Buyer comply with the standards of the Compressed Gas Association and Seller’s Standards. If the Products do not conform to warranty, Buyer’s sole remedy is to require Seller to replace the nonconforming Goods at Seller’s cost. Supplies - Seller warrants and guarantees to Buyer, for and during the full period of twelve (12) months following reception of the Supplies by Buyer at the consuming location, that all Supplies supplied under this Agreement are free from defects in design and workmanship and are in conformity with Seller standards or the manufacturer’s standards, as the case may be. If the Supplies do not conform to warranty, Buyer’s sole remedy is to refuse the Supplies and require Seller to replace or repair the Supplies. If applicable, Seller will assign to Buyer any implied or express warranty, indemnity or other right Seller may have in the Goods from all manufacturers, subcontractors and other suppliers of Seller. Buyer understands that in order for the Seller to be able to properly investigate, Buyer must notify Seller of all claims within 10 days after the occurrence. If applicable, Seller will assign to Buyer any implied or express warranty, indemnity or other right Seller may have in the Goods from all manufacturers, subcontractors and other suppliers of Seller. SELLER MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. LIABILITY AND INDEMNITY
Buyer acknowledges having been informed by Seller’s representative of the safe method for handling and carrying Cylinders and agrees herein to completely discharge the Seller of any responsibilities that could result from his decision to carry the Cylinders in an inappropriate way and/or go against the applicable laws. Seller shall not entertain any claims for loss of content based on defective valves or other Cylinder imperfections unless same are made within 10 days after receipt of the respective Cylinders by Buyer and unless the Cylinder is returned to Seller with a tag attached stating the defect within said 10 days. Subject to the limitations contained in section 6, each party will be responsible for and will indemnify the other from and against any and all direct claims and demands, loss or damage to property or persons, at any time caused by or resulting from its negligence, its acts or omissions or those of its agents and employees. In any event, Seller’s total liability shall not exceed the amount paid by Buyer to Seller for Goods during the twelve (12) months preceding the event which gave rise to the claim. Regardless of the circumstances, neither party will be liable to the other for special, indirect or consequential damages howsoever occurring.
10. SAFETY INFORMATION
Buyer acknowledges that the Goods are a hazardous chemical, classified as such under the Federal Hazardous Product Act, and that its use, in the workplace, is regulated by the Provincial Occupational Health and Safety Act and Regulations. Buyer acknowledges that there are hazards associated with the transportation, handling, storage, possession and use of the Cylinders and the Goods. Buyer represents that it understands the hazardous nature of the Goods and the Cylinders and that it is its duty to warn, protect and train as appropriate all personnel and third parties, and its property and that of others, who may be exposed to these hazards. Buyer also acknowledges that Seller has provided it with appropriate Safety Data Sheet(s). Buyer understands that the Goods and the Cylinders must not be used without first consulting the Safety Data Sheet(s). Buyer will make sure all employees and persons who might become exposed to the Goods received and refer to copies of the Safety Data Sheet(s).
11. RESERVE OF OWNERSHIP
The Seller agrees to sell to the Buyer and the Buyer agrees to purchase from the Seller, the Good(s) described herein, by which the Seller reserves ownership of the Good(s) until full payment of the sale price and subject to the provisions contained herein.
12. EXCUSE OF PERFORMANCE
Neither party shall be in default under these Terms or responsible for damage or otherwise, for any failure or delay in the performance of its obligations (with the exception of obligation to make payments) caused by accidents, fires, floods, storms, riot, wars, sabotage, explosion, strikes, lockouts or other labour disturbances, restraints of governments, inability to obtain power or fuel, machinery breakdowns, delay of a carrier, failure of normal sources of supply or of manpower or any other similar or dissimilar causes beyond their control. The party affected will give prompt notice to the other party of such excuse of performance.
13. LIMITATION ON INTENDED USERS
THE GOODS ARE INTENDED FOR ULTIMATE PURCHASE BY COMMERCIAL INDUSTRIAL USERS AND FOR OPERATION BY PERSONS TRAINED AND EXPERIENCED IN THE USE AND MAINTENANCE OF SUPPLIES AND INDUSTRIAL, MEDICAL AND SPECIALTY GASES. Except as expressly provided by Seller in writing, the Goods are NOT intended for resale by Buyer to consumers and thereby, Buyer is not authorized to extend Seller’s warranties to any consumer.
14. SUCCESSORS AND ASSIGNS
This Agreement will be binding upon the parties and their successors and assigns. Buyer will not have the right to assign this Agreement without the prior written consent of Seller, and such consent will not be unreasonably withheld.
15. MODIFICATIONS
No provision of any purchase order of Buyer will alter or add to the terms of the Agreement, and any such provision will be void. No modification of this Agreement will be binding unless it is in writing and signed by an authorized representative of each party.
16. WAIVER
The waiver by either party of any of its rights under this Agreement will not be construed as constituting a precedent.
17. PRIVACY
Seller's Privacy Policy is incorporated and made part of these Terms. You hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or email address) that you transmit to any Seller websites by electronic mail or otherwise will be used by Seller in accordance with the Privacy Policy. Any other communication or material you transmit to any of Seller websites, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary.
18. GENERAL DISPOSITIONS
Should any provision of this Agreement become invalid or unenforceable, it shall be considered severed from this Agreement and shall not affect the validity of the remainder of the Agreement. This Agreement will be governed and construed according to the laws of the province of Québec.
19. RETURN POLICY
At Air Liquide Canada, customer satisfaction is our priority. Most Goods purchased on our website can be returned within 30 days of purchase for a refund.* The returned Goods must be new, unaltered and unused, with all labels and/or seals and in its original packaging.
Return of cylinders
Special terms may apply. Contact our customer service at 1 833-935-3252 (toll free).
Return of Supplies (welding and safety products)
If you received the incorrect Supplies or if your Supplies are damaged or defective, you can make a return by following these 4 easy steps.
- Authorize your return
Contact our customer service department at 1 833-935-3252 (toll free) to obtain a Return Merchandise Authorization (RMA) document. - Print your RMA document
Print your Return Merchandise Authorization (RMA) document and place it inside the return packaging. Note the return address that will appear on this document (refer to the box titled “Ship from”). - Pack your Supplies
Pack the Supplies safely and securely in containers that provide adequate protection from the elements and the risk of damage, loss or theft normally associated with shipping this type of product. Your Return Merchandise Authorization (RMA) document must accompany your package. - Ship your return package
Ship your return package to the address indicated on your Return Merchandise Authorization (RMA) document:
Distribution Center - Ontario
Distribution Center - Alberta
You can also return your Supplies to an Air Liquide store. To find the store closest to you, visit our store locator at airliquide.ca
Your refund will be issued after the Good has been returned and inspected. Air Liquide Canada reserves the right to refuse a refund or return, or to charge fees in the event that the customer has damaged the Goods, Cylinders and/or the original packaging of the product.
The refund will be made using the same payment method used for your purchase.
You will receive confirmation of the return by email once it has been completed.
You will be responsible for the return shipping fees of any item you return.
Any expedited shipping charges you paid on the original order are non-refundable.
* Certain exceptions may apply.
20. ONLINE ORDERS
The Seller reserves the right, without prior notice, to limit the order quantity of any Goods or services and/or to refuse to sell to or to serve any Buyer. The Seller may also require verification of information prior to acceptance and/or shipment of any order for Goods. The Seller also reserves the right to cancel, terminate or not process any order (including an accepted order) if the price of the Good or any other material information on the Website relating to that Good is inaccurate or erroneous, or if the Seller identifies or suspect an anomaly or irregularity of any kind in connection with the order the Buyer has placed or the chosen payment method.
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