BETWEEN
Irish Cylinder Gas Ltd T/A Irish Party Supplies, Unit 134 Ashbourne Industrial Estate, Ashbourne, Co Meath, A84 TK75, Phone: 01-8010316, E: info@irishpartysupplies.ie
("Supplier")
AND
This Supply Agreement ("Agreement") sets forth the terms and conditions under which Irish Cylinder Gas Ltd T/A Irish Party Supplies ("Supplier") agrees to supply helium cylinders to the Customer. By accepting delivery or use of helium cylinders, the Customer agrees to the terms and conditions of this Agreement.
1 Ownership of Helium Cylinders
1.1 The helium cylinders provided under this Agreement are rented and remain the property of Irish Cylinder Gas Ltd T/A Irish Party Supplies and Air Products Ireland Ltd. at all times.
1.2 The Customer acknowledges and agrees that they are renting the helium cylinders and have no ownership rights over the cylinders, including any right to sell, transfer, or encumber them.
1.3 Cylinder(s) lost or stolen while in the possession of the customer incur a ‘Lost/Stolen Cylinder’ charge of €650.00 + VAT per cylinder liable by the customer.
2 Rental Charges
2.1 A monthly rental charge is required for the use of helium cylinders.
2.2 Details of current rental charges are available on the Supplier's website at www.irishpartysupplies.ie.
2.3 The Customer agrees to make timely payments of all rental charges as invoiced by the Supplier. Failure to do so may result in the termination of this Agreement and retrieval of the helium cylinder(s).
2.4 All Cylinders carry barcodes and unique CTN Numbers. All cylinders are scanned out to you, the customer, and tracked by Irish Party Supplies.
2.5 Failure of payment of rental charges will result in your account (for both helium and balloons etc) being placed on hold. No orders can be processed until rental payments resume and any arrears are settled.
3 Use of Helium Cylinders
3.1 The Customer agrees to use the helium cylinders responsibly and in compliance with all applicable laws, regulations, and safety guidelines.
3.2 The Customer shall not refill, tamper with, or modify the helium cylinders.
4 Waiver of Liability, Assumption of Risk, and Indemnity
4.1 Waiver of Liability: The Supplier shall not be liable for any injuries, damages, or losses arising out of or in connection with the Customer's use, handling, storage, or transportation of the helium cylinders, except to the extent caused by the Supplier’s gross negligence or willful misconduct.
4.2 Assumption of Risk: The Customer acknowledges that the use of helium cylinders involves risks, including but not limited to the risks of gas leakage, explosion, or asphyxiation, and assumes all such risks associated with their use.
4.3 Indemnity: The Customer agrees to indemnify, defend, and hold harmless the Supplier, its owners, officers, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorney's fees) arising out of or in connection with the Customer’s use, possession, storage, or transportation of the helium cylinders, except to the extent caused by the Supplier’s gross negligence or willful misconduct.
5 Return of Helium Cylinders
5.1 The Customer agrees to return the helium cylinders to the Supplier upon termination of this Agreement or when no longer required, in the same condition as received, normal wear and tear excepted.
5.2 Failure to return the helium cylinders within a reasonable period upon request may result in additional charges or legal action to recover the cylinders.
6 Termination
6.1 This Agreement may be terminated by either party upon written notice.
6.2 Upon termination, the Customer must return all helium cylinders in their possession to the Supplier immediately.
6.3 Termination by the customer will be in writing to info@irishpartysupplies.ie. Rental subscription charges will be ceased only upon return of the cylinder(s) in question to Irish Cylinder Gas Ltd T/A Irish Party Supplies and Air Products Ireland Ltd. Customers can arrange cylinder-collection by courier (please enquire about collection charge) or by returning the cylinder(s) to anyIrish Cylinder Gas Ltd T/A Irish Party Supplies and Air Products Ireland Ltd head office or official agent)
7 Miscellaneous
7.1 Entire Agreement: This Agreement constitutes the entire understanding between the parties concerning the subject matter hereof and supersedes all prior agreements, representations, or understandings.
7.2 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Ireland.
7.3 Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
7.4 Amendments: This Agreement may only be amended or modified in writing signed by both parties.
Acceptance
By signing below, the Customer acknowledges that they have read, understood, and agreed to the terms and conditions of this Agreement.
