- Established 1999 - Independent Gas Specialists
Rapid Industrial Gases Ltd
These Terms & Conditions apply to the supply of goods and services by Rapid Industrial Gases Ltd. Please read them carefully before placing an order.
Nothing in these Terms & Conditions affects any statutory rights you may have as a consumer.
In these Terms & Conditions:
“Company”, “we”, “us” or “our” means Rapid Industrial Gases Ltd.
“Customer”, “you” or “your” means the person, company, partnership or other organisation purchasing goods or services from us.
“Business Customer” means a Customer purchasing goods or services wholly or mainly for purposes relating to their trade, business, craft or profession.
“Consumer” means an individual purchasing goods or services wholly or mainly for purposes outside their trade, business, craft or profession.
“Contract” means the agreement between us and you for the supply of Goods or Services.
“Goods” means gases, gas cylinders, equipment, accessories and any other products supplied by us.
“Services” means any services supplied by us, including gas delivery, cylinder exchange and gas equipment or CP7 safety inspections.
“Delivery Point” means the address or location agreed for delivery of Goods.
2.1 These Terms & Conditions apply to quotations, orders and Contracts for the supply of Goods and Services by Rapid Industrial Gases Ltd unless alternative terms have been expressly agreed by us in writing.
2.2 By placing an order with us, you agree to be bound by these Terms & Conditions.
2.3 Where the Customer is a Consumer, nothing in these Terms & Conditions limits or excludes any rights or remedies that cannot lawfully be limited or excluded.
2.4 Any quotation, product description, photograph, specification or other information supplied by us is intended to provide a reasonable description of the Goods or Services. Minor variations that do not materially affect their intended use may occur.
2.5 You are responsible for ensuring that the details of your order and any information you provide to us are complete and accurate.
3.1 Quotations are valid for the period stated on the quotation. If no period is stated, the quotation will normally remain valid for 14 days from its date.
3.2 A quotation does not oblige us to supply Goods or Services until we have accepted your order.
3.3 Orders are subject to stock availability, delivery capability and, where applicable, satisfactory credit status.
3.4 We reserve the right to refuse an order where:
Goods are unavailable;
delivery cannot reasonably be made to the requested location;
we have safety concerns regarding the proposed use, storage or delivery;
the Customer has overdue amounts outstanding;
appropriate cylinder arrangements cannot be established; or
we otherwise have reasonable grounds for declining the order.
3.5 Once an order has been accepted, a Business Customer may not cancel, defer or materially change that order without our agreement.
3.6 If we agree to a cancellation or variation requested by a Business Customer, we may recover reasonable costs already incurred in fulfilling the order.
4.1 Prices will be those quoted or otherwise agreed with the Customer.
4.2 Unless expressly stated otherwise, prices quoted to Business Customers are exclusive of VAT, which will be charged at the applicable rate.
4.3 Prices may change from time to time.
4.4 Where we have already accepted an order, we will not normally change the agreed price unless:
the Customer requests a change to the order;
information supplied by the Customer was inaccurate or incomplete;
additional delivery or access costs arise that could not reasonably have been identified when the quotation was provided; or
the parties otherwise agree a revised price.
4.5 Where a particular product or promotion includes free delivery, rent-free cylinders or no deposit, this applies only to the products and circumstances specifically identified as qualifying.
5.1 Unless credit terms have been agreed in writing, payment is due before or at the time Goods or Services are supplied.
5.2 Approved Business Customers may be permitted to purchase on account. The applicable payment period will be shown on the quotation, invoice or account agreement.
5.3 We may withdraw, reduce or suspend a credit facility if:
invoices are overdue;
we reasonably believe the Customer may be unable to meet its payment obligations; or
the Customer materially breaches these Terms & Conditions.
5.4 Business Customers must pay invoices in full without deduction or set-off unless required by law or agreed by us in writing.
5.5 Where a Business Customer fails to pay an invoice by its due date, we reserve the right to charge statutory interest and applicable debt-recovery costs in accordance with the Late Payment of Commercial Debts legislation.
5.6 We may suspend future deliveries, cylinder exchanges or other Services while overdue amounts remain unpaid.
6.1 We provide gas delivery services within our normal delivery area and may agree deliveries outside that area at our discretion.
6.2 Any delivery date or time given is an estimate unless we expressly agree otherwise in writing.
6.3 We will make reasonable efforts to meet agreed delivery dates but will not be responsible for delays caused by circumstances outside our reasonable control.
6.4 The Customer must provide:
an accurate delivery address;
appropriate access for our vehicle;
safe access to the Delivery Point;
information about restrictions, hazards or site procedures;
a suitable area for loading and unloading; and
where necessary, an authorised person to receive the delivery.
6.5 We may refuse to complete a delivery where our driver reasonably considers the Delivery Point or unloading arrangements to be unsafe.
6.6 If delivery cannot be completed because:
nobody is available to receive the Goods where attendance is required;
access is unavailable or unsuitable;
the delivery information supplied is incorrect;
the site presents an unexpected safety risk; or
the Customer otherwise prevents delivery,
we may make a reasonable charge for the failed delivery and any subsequent redelivery.
6.7 Where agreed, empty eligible cylinders may be collected at the same time as replacement cylinders are delivered.
6.8 The Customer must ensure cylinders awaiting collection are readily accessible and safely stored.
7.1 Customers may collect eligible Goods from our premises during our advertised collection times or by prior arrangement.
7.2 Customers collecting gas cylinders are responsible for ensuring that:
their vehicle is suitable for transporting the cylinders;
cylinders can be properly secured;
vehicle ventilation is appropriate;
applicable transport rules are followed; and
the driver understands the hazards associated with the gases being transported.
7.3 We reserve the right to refuse to release cylinders where we reasonably believe the proposed method of transportation is unsafe.
8.1 Purchasing the gas contained within a cylinder does not necessarily mean that the Customer purchases or acquires ownership of the cylinder itself.
8.2 Many cylinders supplied by us remain the property of the relevant gas supplier, cylinder owner or supply network.
8.3 Cylinders must only be used, returned and exchanged in accordance with the conditions applying to the relevant cylinder scheme.
8.4 Customers must not:
refill a cylinder themselves;
arrange for an unauthorised third party to refill a cylinder;
alter or modify a cylinder;
remove, obscure or tamper with identifying marks or labels;
transfer gas between cylinders;
dispose of a supplier-owned cylinder;
sell or otherwise transfer ownership of a cylinder they do not own; or
use a cylinder for any purpose for which it was not supplied.
8.5 Supplier-owned cylinders must be returned through the appropriate authorised supply network.
8.6 Different products may operate under different cylinder arrangements, including rental, deposit, rent-free or exchange schemes. The applicable arrangement will be explained at the time of supply.
8.7 Where a cylinder is lost, deliberately damaged, misused or not returned when required, the Customer may be liable for reasonable replacement or recovery costs where permitted under the applicable cylinder agreement.
9.1 Eligible empty cylinders may normally be exchanged for full cylinders of an equivalent type and size, subject to stock availability and the relevant supplier scheme.
9.2 We may refuse to exchange a cylinder if:
it does not belong to a supply network we are authorised to handle;
identification has been removed or altered;
the cylinder has been unlawfully modified;
there are concerns regarding ownership;
the cylinder has been involved in a fire or serious incident; or
handling the cylinder would present a safety risk.
9.3 A cylinder exchange is not a refill of the Customer’s individual cylinder. The returned cylinder will normally enter the relevant supplier’s inspection and filling system and another suitable full cylinder will be supplied.
10.1 Certain propane cylinders supplied by Rapid Industrial Gases may be offered on a rent-free, no-deposit basis with free local delivery, where specifically stated.
10.2 The availability of this arrangement may depend on:
cylinder size;
delivery location;
order quantity;
stock availability; and
the Customer returning appropriate empty cylinders where required.
10.3 Our current propane range may include:
47kg propane cylinders;
19kg propane cylinders; and
18kg FLT propane cylinders for forklift applications.
10.4 Propane cylinders must only be connected to equipment designed and approved for LPG use.
10.5 FLT cylinders must only be used in compatible forklift applications and must be installed in accordance with the forklift and cylinder manufacturer’s requirements.
11.1 Compressed and liquefied gases can present serious hazards if incorrectly handled, transported, stored or used.
11.2 The Customer is responsible for ensuring that Goods are used only:
for their intended purpose;
with compatible equipment;
by appropriately trained or competent persons;
in accordance with product labels and Safety Data Sheets;
in accordance with manufacturer instructions; and
in compliance with applicable health and safety requirements.
11.3 Gas cylinders must be stored appropriately, including being secured against falling and kept in suitably ventilated areas where required.
11.4 The Customer must ensure the correct regulator, hose, flashback arrestor, valve and other equipment is used for the relevant gas and application.
11.5 Oxygen equipment must be kept free from oil, grease and other incompatible contaminants.
11.6 The Customer must carry out appropriate workplace risk assessments and provide appropriate training and supervision.
11.7 Advice provided by us is intended to assist the Customer but does not remove the Customer’s responsibility for ensuring that its particular installation, equipment and operating procedures are safe and legally compliant.
12.1 A cylinder that is leaking, badly damaged, excessively heated or involved in a fire may present a serious hazard.
12.2 Customers must not attempt to use, repair, dismantle or modify a damaged or leaking cylinder.
12.3 Customers should not transport or approach a fire-affected cylinder unless advised that it is safe to do so by the emergency services or another appropriately competent authority.
12.4 Where there is an immediate danger to people or property, the area should be evacuated and the emergency services contacted.
12.5 Please contact Rapid Industrial Gases or the relevant cylinder supplier as soon as reasonably possible regarding any cylinder involved in an incident.
13.1 Where agreed, we provide inspections of individual portable or mobile oxy-fuel gas equipment in accordance with the scope of our CP7 inspection service.
13.2 The Customer must provide our inspector with safe and reasonable access to the equipment to be inspected.
13.3 Equipment should be available in a condition that allows it to be properly inspected.
13.4 An inspection may include, where applicable, examination of:
regulators;
flashback arrestors;
non-return valves;
hoses;
connections;
blowpipes and torches;
cylinder connections;
equipment identification and date markings; and
the general condition and assembly of the system.
13.5 We will advise the Customer of significant defects or recommendations identified during the inspection.
13.6 Unless separately agreed, the inspection does not include repair or replacement of defective equipment.
13.7 We may recommend that equipment is removed from service where we believe it is unsafe.
13.8 A CP7 inspection represents the condition of the equipment at the time it is inspected and does not guarantee that equipment will remain safe indefinitely.
13.9 The inspection does not replace the Customer’s responsibilities for:
pre-use and routine checks;
risk assessments;
employee training;
correct operation;
proper maintenance;
compliance with manufacturer instructions; or
compliance with applicable health and safety legislation and guidance.
14.1 We will provide reasonable assistance where a Customer asks us to recommend a gas, cylinder or item of equipment.
14.2 However, unless we expressly agree otherwise, the Customer remains responsible for confirming that the Goods are suitable for the Customer’s specific equipment, process or application.
14.3 The Customer must provide accurate information about the intended application when requesting technical advice.
14.4 We are not responsible for problems arising because Goods have been:
used with incompatible equipment;
incorrectly installed;
altered or modified;
improperly stored;
subjected to abnormal conditions; or
used contrary to instructions or accepted industry practice.
15.1 We will take reasonable steps to ensure Goods supplied are of appropriate quality and correspond with their description.
15.2 Where Goods are supplied to a Consumer, they will be supplied subject to the Consumer’s statutory rights, including applicable rights relating to satisfactory quality, fitness for purpose and description.
15.3 Consumers should contact us as soon as reasonably possible if they believe Goods are faulty, damaged or incorrectly supplied.
15.4 Business Customers must inspect Goods promptly following delivery or collection and notify us within a reasonable period of any apparent:
shortage;
damage;
incorrect product; or
defect.
15.5 Nothing in these Terms limits a Consumer’s statutory remedies in respect of faulty or misdescribed Goods.
16.1 Goods must not normally be returned without first contacting us.
16.2 Where a Business Customer wishes to return correctly supplied Goods that are not faulty, acceptance of the return will be at our discretion.
16.3 Where we agree to accept such a return, we may make a reasonable restocking or administration charge where appropriate.
16.4 We may refuse the return of Goods that:
have been used;
have been altered;
are contaminated;
cannot safely be resold;
were specially ordered for the Customer; or
are otherwise unsuitable for return,
except where the Customer has a legal right to return them.
16.5 Gas cylinders are subject to the cylinder exchange and ownership provisions in these Terms and should not be treated as ordinary returnable retail Goods.
17.1 Where a Consumer enters into a qualifying distance or off-premises contract with us, the Consumer may have a statutory right to cancel that Contract.
17.2 Where the statutory cancellation right applies to Goods, the cancellation period will generally expire 14 days after the day on which the Consumer, or a person nominated by them, receives the Goods.
17.3 To exercise the right to cancel, the Consumer must clearly inform us of their decision before the cancellation period expires.
17.4 The Consumer must then return the relevant Goods within the period required by law.
17.5 The Customer may be responsible for the direct cost of returning Goods unless we have agreed otherwise or the law requires us to bear that cost.
17.6 The cancellation right may not apply to certain Goods or Services where legislation provides an exemption.
17.7 Where safety or hazardous-goods restrictions make normal postal or courier return inappropriate, the Consumer must contact us before attempting to return any gas cylinder or hazardous Goods so that a safe return method can be agreed.
17.8 This clause does not limit any separate statutory rights the Consumer may have where Goods are faulty, damaged or not as described.
18.1 Risk in Goods purchased by a Business Customer passes to the Customer when the Goods have been delivered to the agreed Delivery Point or collected from our premises.
18.2 Where the Customer is a Consumer, risk will pass in accordance with applicable consumer law.
18.3 Cylinder ownership is separate from risk in the gas or other Goods supplied and is governed by clause 8.
19.1 This clause applies only to Business Customers.
19.2 Title to Goods that are sold to the Customer will not pass until we have received payment in full for those Goods.
19.3 Until ownership passes, the Customer must:
take reasonable care of the Goods;
keep them identifiable where reasonably practicable; and
not deliberately remove identifying marks relating to our ownership.
19.4 This clause does not transfer ownership of supplier-owned gas cylinders to the Customer.
20.1 Nothing in these Terms excludes or limits liability where it would be unlawful to do so, including liability for:
death or personal injury caused by negligence;
fraud or fraudulent misrepresentation; or
any matter for which liability cannot legally be excluded or restricted.
20.2 Nothing in these Terms limits the statutory rights of Consumers.
20.3 For Business Customers only, and subject to clause 20.1, we will not be liable for:
loss of profit;
loss of business;
loss of production;
loss of revenue;
loss of anticipated savings;
loss of goodwill; or
indirect or consequential losses,
arising from the Contract except where such exclusion would be unlawful or unreasonable.
20.4 For Business Customers only, our total liability arising out of or in connection with a particular Contract will, so far as legally permitted and reasonable in the circumstances, be limited to the amount paid or payable under that Contract.
20.5 Nothing in this clause is intended to exclude liability that cannot legally be excluded under applicable legislation.
21.1 We will not be responsible for failure or delay in performing our obligations where caused by circumstances beyond our reasonable control.
21.2 Such circumstances may include:
severe weather;
fire or flood;
industrial disputes;
transport disruption;
shortages of gas or cylinders;
failure or interruption of supplier operations;
interruption to utilities;
acts of government;
changes in law;
civil emergencies;
epidemics or pandemics; or
other events beyond our reasonable control.
21.3 Where such an event occurs, we may reasonably:
delay delivery;
reduce quantities;
offer an alternative product where appropriate; or
cancel an affected order and refund any amounts paid for Goods or Services we are unable to supply.
22.1 We may suspend deliveries, cylinder exchanges or Services if the Customer:
fails to pay amounts when due;
seriously or repeatedly breaches these Terms;
misuses supplier-owned cylinders;
creates an unacceptable safety risk;
acts fraudulently;
becomes insolvent or enters formal insolvency proceedings; or
provides materially false information.
22.2 Where reasonably practicable, we will give the Customer an opportunity to remedy a breach before terminating an ongoing supply arrangement.
22.3 Termination does not remove the Customer’s responsibility to:
pay outstanding invoices;
return supplier-owned cylinders where required; or
comply with obligations intended to continue after termination.
23.1 We process personal information in accordance with applicable data protection legislation.
23.2 Information about how we collect, use, store and share personal information is set out in our Privacy Policy.
23.3 We may share information with service providers or other parties where reasonably necessary to:
process orders;
make deliveries;
administer accounts;
operate cylinder supply arrangements;
comply with legal obligations; or
protect our legitimate business interests.
24.1 Notices relating to a Contract may be sent by post or email using the contact details supplied by the relevant party.
24.2 Customers are responsible for keeping their contact information up to date.
24.3 Routine communications concerning orders, deliveries and invoices may be made by telephone or email.
25.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in effect.
25.2 A delay or failure by us to exercise a right does not mean that we waive that right.
25.3 No person other than the parties to the Contract will have any right to enforce these Terms under the Contracts (Rights of Third Parties) Act 1999, except where expressly stated otherwise.
25.4 We may update these Terms & Conditions from time to time. The terms applying to an individual Contract will normally be those in force when that Contract is entered into.
25.5 These Terms, together with any quotation, order acknowledgement or other expressly incorporated documents, constitute the agreement between the parties concerning the relevant supply.
26.1 These Terms & Conditions and any Contract between us will be governed by the law of England and Wales.
26.2 Where the Customer is a Business Customer, the courts of England and Wales will have jurisdiction over disputes arising from the Contract.
26.3 Consumers may have additional rights regarding the court in which proceedings may be brought, and nothing in these Terms limits those rights.
If you have any questions about these Terms & Conditions, an order, a cylinder arrangement or a delivery, please contact:
Telephone: 023 9222 1211
Email: info@rapidgases.com
Company Number: 03698195