Terms and conditions

1. Accuracy of Information

The customer warrants that all information furnished to Industrial Gas Namibia (hereinafter “IGN”) is true and correct in every respect.

2. Notification of Changes

The customer undertakes to notify IGN in writing, without delay, of any changes to the information supplied.

3. Payment Terms

The purchase price for every transaction is payable either (a) within 30 days from the date of statement, or (b) on a Cash-on-Delivery (COD) basis. Payment terms, credit limits, and the extension or withdrawal of credit remain at IGN’s sole discretion and may be altered or revoked at any time.

4. Overdue Accounts

If payment for any purchase is overdue, interest of 1.6 % per month will be charged on the outstanding amount. All amounts owed to IGN shall, notwithstanding Clause 3, become immediately due and payable once any invoice is in arrears.

5. Account Disputes

If the customer fails to object in writing to any item appearing on IGN’s statement of account within 14 days of the statement’s dispatch, the account shall be deemed correct and accepted.

6. Legal Jurisdiction

Should the customer default in any respect, IGN is entitled, at its sole discretion, to institute action in any competent court of law. The customer hereby consents to the jurisdiction of the Magistrate’s Court for such proceedings.

7. Lost or Stolen Cylinders

Cylinders lost, stolen, or damaged while in the customer’s care will incur a replacement fee at the prevailing rate at the time of loss.

8. Proof of Debt

A certificate signed by a duly authorised member of IGN shall constitute prima facie evidence of the amount due by the customer and shall be sufficient for the purposes of summary judgment or provisional sentence.

9. Recovery of Legal Costs

In the event that IGN instructs attorneys or debt collectors to recover any outstanding amounts, the customer shall be liable for all costs on an attorney-and-own-client scale, including collection commission, as permitted under Namibian law.

10. Interpretation

Unless the context otherwise requires, words importing the singular include the plural and vice versa.

11. Change of Ownership

The customer agrees to notify IGN in writing within seven (7) days of any change in business ownership or, in the case of a company, any share transaction affecting majority shareholding.

12. Cylinder Ownership

All compressed-gas cylinders (excluding LPG cylinders) remain the exclusive property of Air Products South Africa (Pty) Ltd, represented in Namibia by IGN, and are never sold to the customer.

13. Cylinder Rental

Each compressed-gas cylinder is subject to a monthly rental fee, payable whether the cylinder is in use or merely on the customer’s premises.

14. Retention of Ownership

Ownership of goods and cylinders supplied by IGN remains vested in IGN until full payment (including rental, interest, and any other charges) is received. IGN may, at its discretion, repossess unpaid goods. Upon repossession, the customer will receive a credit equal to the sale price or a value determined by an independent sworn valuator (less handling charges), at IGN’s discretion.

15. Order Validity

If an order is placed on the customer’s official order form, the customer shall be estopped from denying the validity of such order, even if it was signed or placed by an unauthorised person.

16. Domicilium

The physical and email addresses provided during the online registration, credit-application, or checkout process shall serve as the customer’s chosen domicilium citandi et executandi for the service of all legal notices and communications.