Art. 1 Basic Provisions, Scope, and Definitions of Terms
1.1 The company, Linde Gas k.s. (hereinafter referred to as "Linde") hereby issues these "General
Business Terms and Conditions for the Supplies of Technical, Medicinal and Special Gases in Pressure
Vessels and Tanks" (hereinafter referred to as "General Business Terms"), with the aim to establish rules
for the supplies of technical, medicinal and special gases (hereinafter referred to as “merchandise") to
1.2 Unless otherwise provided in individual written agreements, any supplies of technical, medicinal and
special gases shall be carried out pursuant to the provisions of these General Business Terms.
1.2 The Linde company shall deliver technical, medicinal and special gases to customers in pressure
vessels and tanks. The term “pressure vessel” shall mean a pressure vessel, a pallet, a fixed bundle, a
trailer, a mobile storage tank (hereinafter referred to as “pressure vessels”). Liquid technical, medicinal
and special gases shall be delivered to customers in tanks or in mobile storage tanks; technical, medicinal
and special gases in gaseous state shall be delivered to customers in gas bottles, pallets, fixed bundles
1.4 Definitions of Terms :
The term "customer” shall mean any legal entity or a natural person with whom the Linde company has
made an agreement covering the supplies of gases and the rental of pressure vessels.
The term "bottle” shall mean a metal pressure vessel designed for the transportation of gases in water
volume of up to 79 litters.
The term "pallet” shall mean a transportation device adapted for the transportation of individual bottles; a
pallet includes, as part of it, fastening belts.
The term "bottle bundle” shall mean several bottles linked up with each other so as to form a bundle on a
shared shipping bed. The term "trailer” shall mean a road semitrailer where a certain number of steel
bottle bundles are placed on the chassis while the bundles are linked up with each other.
The term "tank” shall mean a mobile means of transportation designed for the transportation of liquid
technical gases; fixed storage tanks installed at a customer’s place are refilled from such tanks.
The term "mobile storage tank” shall mean a cryogenic vessel intended for technical, medicinal and
special gases, especially a mobile storage tank, POS or Euro-Cyl.
The term "container account” shall mean a customer’s registration number ordinarily assigned upon first
purchase of technical gases; such account contains the record of any bottles, pallets and bundles leased
by a customer and physically present, any given time, at the customer’s place as well as the record of the
customer’s liabilities to Linde.
The term "bar code” shall mean a unique digital identification code used to label any Linde’s distribution
devices for purposes of record keeping.
The term " distribution device” shall mean pressure vessels, POSs, Eurocyls, and mobile storage tanks.
Art. 2. Hauling and Handling Gases and Pressure Vessels .
2.1 It shall be the responsibility of each individual customer to provide for the transportation of
merchandise away from Linde’s point of sale. Unless otherwise provided in particular written agreements,
the transportation costs and transportation risk shall be borne by the customer. During the term of any
particular agreement, Linde shall have the right to change, at their own discretion, the placement of Linde
points of sale.
2.2 The haulage of merchandise stored in pressure vessels shall be from a Linde point of sale. Whenever
a customer, or a hauler authorized by the customer, makes a purchase at a Linde point of sale, such
customer, or a hauler authorized by the customer, shall bear sole responsibility for safe loading and
unloading as well as for safe transportation and any operations relating thereto. In handling and hauling
the merchandise, a customer shall be required to observe any applicable regulations currently in effect,
and especially those providing for safety and health protection at work, the ADR—European Agreement
Concerning the International Carriage of Dangerous Goods by Road (hereinafter referred to as “ADR"),
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and any other applicable laws, regulations, decrees, directives, guidelines and standards (STN) currently
in effect and/or as amended by the latest legislation (if applicable).
2.3 Upon receipt of merchandise by a customer, Linde shall submit to such customer any necessary
documentation pursuant to ADR as well as a card containing safety information relating to the
merchandise pursuant to provisions of NC SR Act No. 163/2001 Coll. on Chemical Substances and
Chemical Preparations. A customer shall acknowledge the receipt of said documentation by signing a
document acknowledging the receipt of the merchandise (such as a delivery note).
Art. 3. Supplies of Liquid Gases
3.1 Linde makes it possible for customers to order individual partial deliveries. A customer shall indicate
in their purchase order the type and amount of merchandise and propose the most convenient date, time
and place of delivery. Such purchase order may be placed orally (via telephone only to Linde Distribution
and Logistics Department) or in writing; any purchase order made via telegraph, regular mail, facsimile or
via electronic mail (e-mail) shall be regarded as a written purchase order. A purchase order number by
telephone must be followed by a written purchase order within three days. Linde shall, without
unreasonable delay, acknowledge the receipt and acceptance of a customer’s purchase order orally (via
telephone) or in writing (see above).
3.2 A purchase order must be delivered to Linde no later than three business days in advance to Linde’s
official business address. For purchase orders of special gases, the time of placing a purchase order and
the time of delivery are specifically set forth in a separate agreement.
3.3 If an express delivery is requested in a purchase order (i.e. delivery to be made before the expiration
the deadline as set forth in par. 3.3), Linde shall be entitled to receive for such delivery an express delivery
surcharge in an amount as specified in Linde’s Price List currently in effect.
Art. 4. Pressure Vessels Rental
4.1 The merchandise that Linde shall deliver to customers shall be stored in pressure vessels; Linde shall
allow customers to use such pressure vessels based on a lease agreement. If no specific written
agreement has been made covering the rental of pressure vessels, it shall be understood that such lease
agreement has been made orally. A customer shall pay rentals for the lease of pressure vessels.
4.2 Each such lease relationship shall commence upon the receipt of a pressure vessel, which the
customer shall acknowledge by signing a delivery note. The term " delivery note” shall also mean a
document entitled “Cash Payment", “Invoice”. A lease relationship shall cease to exist upon returning the
pressure vessel to Linde's point of sale. The customer shall be allowed to return their pressure vessels, at
their own expense, to Linde's point of sale during normal business hours. Linde shall issue to the
customer a written receipt acknowledging such return. Upon commencement of a contractual relationship
(i.e. upon first purchase of merchandise), a customer – entrepreneur shall be required to present his or
her or their current extract from the Register of Companies or the Trade Register or any other such
register in order to prove his/her/their authority to act on behalf of the entrepreneur. A customer who is not
an entrepreneur shall be required to produce his or her identity card in order to allow verification of his or
her identity and recording his/her personal information.
4.3 Pressure vessels rented out to a customer shall be entered (recorded) in the customer’s container
account using a bar code. The customer shall only exchange in his/her/their container account such
pressure vessels that are labeled with a bar code identical to that filed in Linde records. Linde shall be
entitled to refuse to exchange or accept a pressure vessel with a missing bar code label or with a wrong
bar code. However, once Linde exchanges a pressure vessel containing no bar code, or once such
pressure vessel is accepted by Linde, Linde shall increase the number of pressure vessels registered in
the customer’s container account and, subsequently, start charging the customer for the rental of such
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4.4 Upon purchase of merchandise Linde shall be entitled to require that authorization be produced on a
4.5 A customer shall be required to pay a daily rental fee for the use of pressure vessels (rent for each day
of use of a pressure vessel including the day on which the vessel was received by the customer and
including the day on which the vessel was returned to Linde). Linde shall be entitled to charge extra rental
fees for the use of any pressure vessel that a customer shall keep for more than three months without
having it exchanged (empty one for a full one). The amount of the daily and extra rental fees shall be
governed by Linde’s price list in effect at time of order entry as published at Linde’s points of sale. Linde
shall also have the right to adjust their daily rental rates during the entire duration of any lease
relationship. It is understood that any customer shall have been notified of a current price list by the
publication of such price list at a Linde point of sale.
4.6 A customer shall assume the responsibility and liability for any loss, damage, misappropriation, theft or
destruction of or caused to any pressure vessels leased to the customer and/or any other property of
Linde and the same shall apply to the damaging, destroying or removal of a bar code.
4.7 Any lien upon leased pressure vessels shall be excluded during the term of a lease agreement.
Yielding pressure vessels to a third party shall be forbidden. It shall be prohibited for a customer to
exchange, in the customer container account assigned to the customer, a greater number of pressure
vessels than the number of those leased from Linde. Any losses or damages caused by violation of that
duty shall be fully borne by the customer.
4.8 A customer shall be required to examine, without unreasonable delay, the accuracy of any container
account statement that forms part of a rent statement. Any complaint regarding a rent statement must be
submitted in writing within one month of the receipt of the rent statement; otherwise it shall be understood
that the rent statement has been acknowledged by the customer as correct, and the number of pressure
vessels appearing therein shall be taken as the basis for billing the rent for the upcoming period. A rent
statement (container account statement) shall have the same effect as confirmation of the number of
pressure vessels leased. Linde shall notify the customer in writing of the outcome of the complaint
proceedings within 30 days of the date on which the complaint was received by Linde.
4.9 A customer shall be required to immediately inform Linde of any changes regarding the customer's
personal/business information that might affect the business relationship between the customer and Linde;
this particularly applies to changes in customers’ business name and business (or residential) address.
4.10 Rent shall be billed on a monthly basis. If the amount of the rent payable shall not exceed EUR 15,
then a rent statement for partial performance shall only be issued after an amount of EUR 15 is reached,
but no later than the end a calendar quarter of a current year. Those customers who shall have not a
preferential long-term rent prepaid for their pressure vessels, or those customers who shall have collective
invoicing arranged, shall be charged their pressure-vessel rental fees directly at a Linde point of sale.
Rent charged at a point of sale shall be for the period from the most recent purchase/exchange of bottles
to the next bottle exchange. Rent shall be calculated according to the formula: the number of pressure
vessels multiplied by the daily rental rate as per the price list currently in effect and multiplied by the
number of days of use elapsed from the most recent exchange.
4.11 Linde reserves the right to withdraw from a pressure vessel lease agreement, if a customer fails to
pay their rent for a period of at least 2 months. Linde shall be entitled to request at any time that a
customer return pressure vessels to Linde.
Art. 5. Advance Payment and Indemnification for Damages
5.1 Linde shall be entitled to require that a customer pay a deposit for a pressure vessel of up to the price
of a pressure vessel.
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5.2 Deposits shall be accounted for and settled by Linde at Linde’s headquarters after pressure vessels
are returned to a point of sale and after deducting the costs incurred to Linde for compensatory measures,
the costs for repair and restoration of damages or the removal of dirt.
5.3 In the event that a pressure vessel (or pressure vessels) is misappropriated, stolen, damaged,
destroyed, lost or if a pressure vessel or any other property shall not be returned to Linde, a customer
shall be obligated to pay to Linde, upon Linde’s request, a compensation amounting to the price of a given
pressure vessel or other such property as per current Linde price list.
Art. 6. Personal Information Protection
6.1 In the event that Linde shall process, in their information systems, any customer personal information
or personal information of any other persons involved, Linde shall be obligated to perform such activity in
compliance with the provisions of the Act No. 428/2002 Coll. on Personal Information Protection as
amended by later legislation.
6.2 Customer personal information shall only be processed with the consent of the customer and any
other persons who may be involved and only for the purposes of verification of the customer’s identity or
the identity of any person authorized by the customer to receive and return pressure vessels, for the
purposes of identifying the customer in Linde’s information system and with the aim to issue proper and
accurate accounting and tax documents.
Art. 7. Pressure vessels owned by a customer
7.1 Pressure vessels owned by a customer are ordinarily refilled based on special written agreements.
Linde shall be entitled to refuse, without giving any reason, to refill pressure vessels owned by a customer.
Linde shall be entitled to compensation for any costs associated with necessary periodical reviews and
testing pursuant to applicable regulations and costs associated with the necessary servicing of pressure
Art. 8. Prices and Terms of Payment
8.1 A customer shall be obligated to pay to Linde the price of merchandise supplied pursuant to Linde’s
Price List in effect at any given time as published at Linde’s points of sale or the price agreed upon in
special written agreements. Unless agreed otherwise, the price of merchandise shall be due and payable
in cash upon delivery.
8.2 For individual deliveries not to exceed EUR 300 for legal entities and without limitation for natural
persons, Linde shall have the right to request that payments be made in cash or that the purchase price
be prepaid before delivery. For those legal entities who shall fail to adequately prove their solvency, Linde
shall be entitled to request without any limitation cash payments or payments in advance.
8.3 Unless agreed otherwise in writing, or if an invoice is not due and payable immediately in cash,
invoices shall be due within two weeks of the date of issuance. If there are any doubts, it shall be
understood that a bill has been delivered 3 days after dispatch. If a customer shall make default in the
payment, then Linde shall be entitled to charge a late-payment fee of 0.07 percent for each day late.
8.4 In the event that a customer shall fail to pay even a single delivery of merchandise or a single bill
(invoice) by the due date, Linde shall be entitled to unilaterally discontinue the deliveries. Linde shall not
be liable for any possible damages arising from the non-delivery of merchandise requested. In the event
that a customer shall fail to perform his/her/their obligations properly and in a timely manner, particularly if
a customer shall have failed to pay two or more invoices by their due dates, then Linde shall have the right
to unilaterally terminate any contracts and arrangements concerning the deliveries of thew merchandise
and the lease of pressure vessels.
Art. 9. Reservation of Ownership
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9.1 Any merchandise delivered by Linde to a customer shall remain under the ownership of Linde until all
outstanding customer’s obligations to Linde are fully paid.
Art. 10. Quality, Amount
10.1 Unless otherwise contracted for, Linde shall deliver to a customer merchandise (technical, medicinal
and special gases) that complies with applicable quality standards and current data sheets. Linde product
data sheets are available at www.linde-gas.sk.
10.2 If an amount of gas is stated in cubic metres ("m3"), then such piece of information shall mean the
volume of gas at a standard temperature of 15 °C and a pressure of 0,1 MPa. No compensation shall be
allowed for any residual amounts of gas in pressure vessels returned to Linde.
Art. 11. Failure to Meet Delivery Date
11.1 In the event that deliveries hereunder are delayed, or in the event of stoppage in delivery, a customer
shall have the right to withdraw from their contract, unless Linde meets the delivery terms within an
extended period of 5 days.
Art. 12. Responsibility for Damage
12.1 Any possible customer claims of liability for damage of any kind or nature (without regard to legal
reason) shall be limited to the amount of Linde’s insurance coverage for cases like this. A customer shall
only be entitled to indemnification for damages of up to the amount such customer can prove, but no more
than EUR 30,000.
12.2 As for the afore-stated scope of indemnification, the provision under 12.1 cannot be changed in any
Art. 13. Complaints
13.1 If there shall be any imperfections found in the delivery of merchandise, then a customer shall be
required to report such imperfections immediately (but no later than within 3 days) in writing to Linde’s
point of sale. If there is a customer complaint about the quality of the merchandise, the amount of refill
used from the bottle in question must not exceed 50 percent. Complaints about the amount of
merchandise shall only be accepted immediately upon purchase; at a later time (but no later than within
three days of the date of purchase), complaints about the amount of merchandise shall only be accepted if
the pressure vessel in question has not yet been used (seals must not be broken or tampered with). Any
use of pressure vessels containing defective merchandise must be discontinued and such vessels must
be noticeably marked and then returned to the given point of sale.
13.2 A complaint proceedings shall be governed by Linde Complaint Procedure. Linde Complaint
Procedure is available for inspection at any Linde point of sale.
13.3 If a complaint is justified, the customer shall be entitled to request repeated delivery free of charge;
any other claims shall then be excluded. If repeated delivery is not possible, the customer shall be entitled
to request, at their own discretion, that either the purchase price be reduced or that the delivery in
question be cancelled.
Art. 14. Force Majeure
14. 1 Any and all cases of Force Majeure or events that shall be outside the control of any party, such as
operational, transportation and power supply failures, strikes and/or stoppages, shall release the affected
party from any responsibility and contractual obligations. This, however, shall only apply for a period and
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to the extent of such events’ actual impact. This section also applies to cases where such circumstances
arise with subcontractors.
Art. 15. Deliveries through Third Parties
15.1 Linde shall be entitled to perform their contractor obligations through a third party.
Art. 16. Delivery of Documents
A written document sent to a customer's address appearing in an agreement, or known from a current
extract from the Register of Companies or Trade Register, shall be deemed to have been delivered even
when such mailing has been deposited at a post office, refused or returned as undeliverable. The third day
after the date of dispatch shall be regarded as the date of delivery of a written document.
Art. 17. Changes to General Business Terms and Conditions
17.1 Any changes and amendments to these General Business Terms and Conditions must be in writing.
At any time Linde shall have the right to adopt any changes and amendments or adopt new wording of the
General Business Terms and Conditions.
Art. 18. Effective Date
18.1 The General Business Terms and Conditions shall come into effect as of the 1st of April, 2009.