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Terms and Conditions for Online Ordering

This Air Products Site and the Air Products Customer Service Center provide online ordering and tracking services on behalf of Air Products and Chemicals, Inc., its subsidiaries, joint ventures, agents, distributors and business partners (collectively, "Air Products") as a value-added way of streamlining the ordering process and enhancing the tracking of your orders.

All orders placed through this site are subject to the written contract executed between you and the relevant Air Products company, where such contract has already been executed, and to the terms and conditions set forth below. The Seller(s) for each product or service is specifically identified in the products and services listing presented at the time of the order, unless specifically noted otherwise in the Order Acknowledgement that will be sent later by Air Products on behalf of the Seller(s) if your order is accepted.

All orders placed through this site that are not subject to a previously executed contract between you and an Air Products company are subject to the Air Products General Conditions of Sale.

Your use of the site is subject to the Web Site Terms and Conditions and our Privacy Policy that are found in the Legal Notice link at the bottom of the webpage. Orders placed through this site shall be subject to the following terms:

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CONSUMER CREDIT ACT 1974 [for United Kingdom of Great Britain and Northern Ireland only]

This Agreement shall not apply to the hiring of Containers where the Customer is a person, partnership or other unincorporated body of persons not consisting of bodies corporate. In such circumstances you must advise Air Products of such fact and no hiring will take place until Air Products submits the appropriate hire agreement to you and you accept it in accordance with the Consumer Credit Act 1974.

By placing an order through this site you are warranting to Air Products that you require the products or services in question for business use.
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1. Use of this Site.

(a) If you have been prequalified by Air Products to use this site, you as the "Buyer" have the ability to place orders through this site with Air Products for designated products and services for delivery to selected destinations. Your order will be directed to the various Seller(s) (as defined above) and, if accepted by those Seller(s), would be fulfilled by those Seller(s) pursuant to the written contract executed between you and the relevant Air Products seller, where such contract exists, and the terms and conditions presented here. Your use of this site is subject to our Web Site Terms and Conditions and our Privacy Policy which are incorporated herein by this reference. Air Products makes no representation that the information contained on the site is appropriate or available for use in all countries, and access to information from places where the site's contents are illegal is prohibited. Your local Air Products contact can assist you with the availability of our products and services.

(b) The existence of this site and the ability to request information or request or order products and services through the site is not an offer to sell or solicit or do business through this site in any particular country or jurisdiction. Neither the existence of this site nor the accessibility of content of this site is intended to establish any new or additional jurisdictional or tax contacts or relationships for or between any Seller and any particular country or jurisdiction.

(c) The information and functionality contained in this site has been provided as a convenience and in some cases, is provided by outside sources. It has been supplied upon the condition that the recipient will make his or her own determination as to the suitability of that information before use and that the recipient has the proper qualifications or expertise to properly evaluate and use that information.

(d) Buyer shall not transmit unsolicited copyrighted, confidential or proprietary information to Air Products through this site, by e-mail or otherwise. Please note that any unsolicited information or material sent to Air Products will be deemed not to be confidential or proprietary. By sending any such information or material, Buyer grants Air Products an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and also agrees that Air Products is free to use any ideas, concepts, know-how or techniques that Buyer sends for any purpose.

(e) This site may contain chat rooms or bulletin boards for the convenience of Air Products or users of this site. Air Products does not control the materials or information placed in these media. No user shall (i) interfere with another user's use of such media on this site; (ii) post unlawful, obscene, threatening or indecent material; (iii) post infringing material; (iv) violate the privacy or publicity rights of others; (v) post material containing viruses or other harmful elements; or (vi) post material for commercial or advertising purposes. Air Products undertakes no duty to monitor these media, but reserves the right to disclose any information required to satisfy legal or governmental requirements, or to remove or deny the posting of any material that Air Products deems objectionable in its sole judgment, or to prosecute improper tampering with or use of this site to the full extent of the law.

(f) Trademarks and trade names belonging to Air Products are protected under the laws of various jurisdictions and have been registered in various countries where registration is legally required or considered by us to be beneficial. Presentation of information in this site does not confer on you any proprietary or other rights in Air Products' trademarks, tradenames, copyrights, patents or other proprietary rights or information. Linking to other sites does not imply that Air Products or the linked site has any legal authorization to any trademark, trade name, logo or copyright of the other.

(g) BECAUSE AIR PRODUCTS, ITS AFFILIATES AND CONTRACTORS HAVE NO CONTROL THROUGH THIS SITE ON THE USE OF THE INFORMATION PROVIDED HERE OR THE USE OR NATURE OF EITHER THIRD-PARTY LINKS OR HYPERLINKS TO THIRD-PARTY SITES, NEITHER AIR PRODUCTS NOR ITS AFFILIATES OR CONTRACTORS PROVIDE ANY WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE INFORMATION OR SUCH LINKS, NOR WARRANT THE RESULTS TO BE OBTAINED FROM USING SUCH INFORMATION OR SUCH LINKS, FOR ANY PURPOSE, INCLUDING ANY GOODS OR SERVICES PURCHASED IN RELIANCE ON SUCH INFORMATION OR LINKS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, NEITHER AIR PRODUCTS NOR ITS AFFILIATES OR CONTRACTORS ASSUME ANY LIABILITY FOR INACCURACIES, ERRORS OR OMISSIONS, THE USE OF THE INFORMATION, THE AVAILABILITY OF RESOURCES TO SERVICE THE APPLICATIONS ON THIS SITE, HARDWARE OR SOFTWARE FAILURES, OR FORCE MAJEURE EVENTS, AND CANNOT BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER ARISING FROM THE USE OF THE INFORMATION OR SUCH LINKS OR THE FUNCTIONALITY OF THIS SITE, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE, AND WHETHER THE CLAIM IS IN CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR OTHERWISE.

2. Forming the Agreement to Purchase On-Line Products and Services.

Nothing contained in this site shall constitute an offer by Seller to buy or sell products or services. No agreement to buy or sell products or services shall be formed by means of the use of this site until an order is made by you and accepted by Seller in the manner described in this site. Once your order has been accepted in that manner, the entire Agreement between Buyer and Seller for the sale of products and services ordered by you through this site (herein "the Agreement") shall consist of:

(A) for those products and services subject to a pre-existing written Product Supply Agreement or Service Agreement between Buyer and Seller that has been so identified in the on-line ordering prequalification process, the Agreement shall be (listed in order from highest priority or governing document to lowest priority or governing document): (i) these Terms and Conditions for On-Line Ordering, (ii) such Product Supply Agreement or Service Agreement, (iii) any other applicable written agreement which a duly authorized representative of Seller has executed, (iv) the Order Confirmation of Acceptance, (v) Seller's On-Line Order form completed and submitted by Buyer for such products and services (which shall be treated as an order under such Product Supply Agreement or Service Agreement), and (vi) Seller's Delivery Ticket accompanying such products or services at the time of delivery to Buyer, and

(B) for all other products and services, the Agreement shall be (listed in order from highest priority or governing document to lowest priority or governing document): (i) these Terms and Conditions for On-Line Ordering, (ii) any other applicable written agreement with respect to the sale of this product or the rendering of this service which a duly authorized representative of Seller has executed in non-electronic media, (iii) Air Products General Conditions of Sale, (iv) the Order Confirmation of Acceptance, (v) Seller's On-Line Order form completed and submitted by Buyer for such products and services, (vi) the pertinent on-line catalog information at the time of the order, including product or service specifications, or other written product or service specifications provided by Seller specifically for Buyer in this transaction, and (vii) Seller's Delivery Ticket accompanying such products or services at the time of delivery to Buyer.

Pricing for the products and services in orders submitted through this site are generally available around the time Buyer's order is accepted by Seller. Buyer shall have the right to cancel its order pursuant to Seller's cancellation notice policy after Buyer is notified of such pricing and of Seller's identity.

3. Notices

Any notices required or permitted by this Agreement shall be sent as required under the applicable provisions of the Agreement or as follows: Air Products and Chemicals, Inc. will accept and forward notices sent by registered or certified mail, return receipt requested, to Seller care of the following business address: [Seller], c/o Air Products and Chemicals, Inc., 7201 Hamilton Boulevard, Allentown, PA 18195, Attention: Customer Service Desk, or by e-mail to the e-mail address [apdirect@airproducts.com]. Buyer's business address and e-mail address are those Buyer specified by proper notice or during registration, subject to change by Buyer by proper notice to Seller.

4. General Provisions

(a) The Agreement (as defined above) constitutes the entire agreement between the parties. Any terms and conditions in any form of purchase order, order acknowledgment or other acceptance forms of Buyer issued with respect to this transaction shall be deemed intended for record purposes only, and shall not alter or add to the terms hereof and objection is hereby made to all such additional or different terms. Acceptance is expressly limited to the terms offered in the Agreement. No modification or waiver of this Agreement shall bind Seller unless in writing, and executed in non-electronic media by a duly authorized representative of Seller. Electronic records and proper electronic signatures as defined under law shall constitute properly written and signed instruments for purposes of this Agreement unless expressly prohibited by law or where this Agreement specifically provides that the requirement of a "writing" must be in non-electronic media.

(b) This Agreement may not be assigned by Buyer without the prior written consent of Seller. It shall inure to the benefit of and be binding upon the successors and, if properly assigned, the assigns of both parties.

(c) If any provision of this Agreement is held invalid by any law and/or regulation, all other provisions hereof shall continue in full force and effect.

(d) If because of government regulation (i) Seller is not able to receive such price, including any revised price, established pursuant to this Agreement, or (ii) Seller is required to make studies, conduct tests, purchase equipment or make modifications at any of its plants where such product is manufactured, and costs of compliance with such regulation are in Seller's sole judgment economically burdensome, then Seller may terminate this Agreement on notice to Buyer.

(e) Any waiver by the parties of strict conformance with any of the terms and conditions of this Agreement shall not be a waiver of any subsequent failure to comply with such terms and conditions.

(f) Matters arising under the Agreement defined above shall be governed by the choice of law specified therein. These Terms for On-Line Ordering Agreement, and any other matters not arising under the Agreement shall be governed by and construed according to the laws of the Commonwealth of Pennsylvania without giving effect to its conflicts of laws provisions.

© 2015 Air Products and Chemicals, Inc. All rights reserved.

Last updated 2 September 2014.

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