TERMS AND CONDITIONS.
To all our customers, when placing an order with American Welding Supply Co. you are acknowledging that you have read and agreed to comply with all policies listed below.
TERMS AND CONDITIONS OF USE
THE TERMS AND CONDITIONS SET FORTH ON THIS FORM (THE "TERMS") AND ANY WRITTEN AGREEMENT EXECUTED BY BUYER AND American Welding Supply Co.("AGREEMENT") CONSTITUTE THE ENTIRE AGREEMENT BETWEEN American Welding Supply Co. BY AND ON BEHALF OF ITS SUBSIDIARIES AND AFFILIATES, ("American Welding Supply Co.") AND BUYER ("BUYER"). American Welding Supply Co. ..WILL NOT BE BOUND BY ANY ADDITIONAL OR DIFFERENT TERMS ON BUYER'S ORDER OR OTHER DOCUMENTS THAT ARE INCONSISTENT WITH THESE TERMS. ACCEPTANCE BY BUYER OF THESE TERMS MAY BE MADE BY (1) WRITTEN ACCEPTANCE, (2) USE OF Spartacus Equipment & Supply Co..' ONLINE ORDERING SYSTEM OR (3) RECEIPT BY BUYER OF DELIVERY OF ANY PRODUCTS FROM American Welding Supply Co., WHICHEVER FIRST OCCURS.
Buyer shall indemnify, defend, and hold harmless American Welding Supply Co., and its employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) thatAmerican Welding Supply Co., may sustain or incur arising from (a) Buyer's use of the products (including without limitation to storage, handling, and transportation of products), (b) use of the products by a third party with Buyer's authorization, (c) use of the products by a third party without Buyer's authorization, where such unauthorized use is due to Buyer's negligent act or omission, or willful misconduct, (d) Buyer's failure to comply with any applicable laws and regulations (including without limitation those regarding the export of products or technology abroad, the Toxic Substance Control Act, and the Emergency Planning and Community Right-to-Know Act of 1986, or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase and use the products), or (e) the Buyer's breach of any of its obligations set forth in these Terms or in the Agreement. American Welding Supply Co. will provide Buyer with: (i) prompt written notice of such claim of which American Welding Supply Co., is aware; (ii) control over the defense and settlement of such claim; and (iii) proper and full information and assistance at Buyer's expense to settle and/or defend any such claim. Notwithstanding the foregoing, Buyer shall not settle any such claim, suit or proceeding without the written consent of American Welding Supply Co., which shall not be unreasonably withheld.
Any forward-looking statements contained in or on American Welding Supply Co.., On-line including, without limitation, those concerning projected costs, net income after taxes and earnings per share, involve risks and uncertainties, and are subject to change based on various factors, including, without limitation, the impact of changes in economies, achievement of cost reductions and efficiencies, changes in currencies, changes in interest rates, the continued development and acceptance of new products and processes, the impact of competitive products and pricing, future mergers and acquisitions (including any related charges, transactions costs and operational risks), risks associated with foreign operations, litigation, the impact of tax and other legislation and regulation in the jurisdictions in which the company operates, and other risk factors listed from time to time in American Welding Supply Co., SEC reports.
Warranties and Disclaimers
All information appearing on American Welding Supply Co., On-line is provided "AS IS" and without warranties of any kind with respect to its correctness, accuracy, reliability or otherwise. American Welding Supply Co., provides no warranty with respect to American Welding Supply Co., On-line or the products and/or services sold hereunder, except those products directly manufactured by American Welding Supply Co., and services directly provided by American Welding Supply Co., For products not directly manufactured by American Welding Supply Co., and services not directly provided by American Welding Supply Co., Buyer receives a warranty on such products or services, if any, directly from the manufacturer of those products. Upon the request of the Buyer, American Welding Supply Co. will use commercially reasonable efforts to inform the Buyer of the warranty policy of a manufacturer or service provider, or to direct Buyer to a source of such information. American Welding Supply Co. MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO American Welding Supply Co., ON-LINE OR THE PRODUCTS AND SERVICES SOLD HEREUNDER. American Welding Supply Co. EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. American Welding Supply Co. DOES NOT WARRANT THAT OPERATION OF American Welding Supply Co., ON- LINE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED OR THAT American Welding Supply Co., ON-LINE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
American Welding Supply Co., SHALL NOT BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, NOR FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF American Welding Supply Co.. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD PARTY CLAIMS AGAINST BUYER. American Welding Supply Co., TOTAL LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD HEREUNDER SHALL IN NO EVENT EXCEED THE PRICE PAID BY BUYER FOR SUCH PRODUCT OR SERVICE.
American Welding Supply Co., reserves the right to modify any programs, policies, information, products and services contained on American Welding Supply Co. , On-line at any time and without notice to Buyer. A Buyer who uses information contained on ., On-line or makes decisions based on such information does so at his own risk. These American Welding Supply Co. Terms and performance by the parties hereunder shall be construed in accordance with the laws of the State of Florida; without regard to provisions on the conflicts of laws. Buyer and American Welding Supply Co., consent to the exclusive venue in, the state and federal courts of the State of Florida. Buyer shall not assign (a) any order for products and/or services placed through American Welding Supply Co., On-line or (b) any interest in or any rights under such order, without the prior written consent of American Welding Supply Co. These Terms constitute the entire agreement between American Welding Supply Co., and Buyer and supersede all previous communications, representations and agreements (except for the Agreement), whether oral or written, between Buyer and, with respect to the subject matter hereof. These Terms may not be modified, supplement American Welding Supply Co. ted, qualified, or interpreted except in writing signed by Buyer and American Welding Supply Co.. The failure by American Welding Supply Co., to enforce at any time any of the provisions in these Terms will in no way be construed as a waiver of such provisions.
Access and Use of Information
Access to this site is limited to viewing the linked pages solely for legitimate business purposes to access the information provided by American Welding Supply Co., at this site. Any access or attempt to access other areas of the American Welding Supply Co., computer systems or other information contained on the system for any purposes is strictly prohibited. You may not use any information contained on this site other than in connection with a legitimate business purpose.
This site contains many, and third-party trademarks and service marks. All marks are the property of their respect American Welding Supply Co. active companies. All rights in the intellectual property contained in this Web site including copyright, trademarks, trade secret and patent rights are reserved. Access to this Web site does not constitute a right to copy or use any of the third parties' intellectual property of American Welding Supply Co. or its suppliers. Statutory notice contained herein represents trademark status in the United States.
All materials contained on this Site are subject to the ownership rights of American Welding Supply Co., and its Suppliers. , American Welding Supply Co., hereby authorizes you to make a single copy of the content herein for your use in learning about, evaluating, or acquiring American Welding Supply Co., services or products. You agree that any copy made must include American Welding Supply Co., copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained herein.
All remarks, suggestions, ideas, graphics or other information communicated to American Welding Supply Co. , through this site will forever be the property of American Welding Supply Co. . Unless otherwise specified in writing, all material submitted to American Welding Supply Co., will be presumed to be public and American Welding Supply Co., will not be required to treat the information as confidential. American Welding Supply Co., shall have exclusive ownership of all present and future existing rights in the information, without compensation to the person sending the information.
The terms and conditions of use contained in American Welding Supply Co., Web site Terms and Conditions of Use contained herein, forms, acknowledgments, quotations, invoices and sales terms and conditions, are incorporated herein by reference and constitute the entire and exclusive agreement between BUYER and American Welding Supply Co.
If any provision of these Terms of Purchase shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of these Terms and Conditions of Use.
American Welding Supply Co. offers Free Shipping only on items marked FREE SHIPPING and will ship via ground service by UPS or Freightliner to a business or commercial address in the Continental United States, assuming that the location has a forklift to remove the items of the truck and/or a loading dock to accept as needed. American Welding Supply Co., is not responsible any residential fees or surcharges or lift gate fees. For any additional charges or fees is the responsibility of the customer and will be charged accordingly. Shipping times are approximate and are not guaranteed except for 2nd Day and Next Day Air. Most items less than 70 lbs ship via UPS or FedEx although; this is not guaranteed, and your item(s) may ship by truck line. Please inspect your packages and shipments carefully upon receipt.
External Damage to packages MUST be noted upon receipt of merchandise and American Welding Supply Co., must be notified within 24 hours. Internal Damage Must be reported to American Welding Supply Co. within 5 Days of receipt. On all damage claims the box, packing contents must be saved for inspection to determine the cause of damage.
Our Business Hours
We are open 8:00am to 4:00pm EST Monday thru Friday all orders received during afterhours will be processed the next business day.
All items purchased from American Welding Supply Co. are returnable within 15 days of the sale, with the exception of Electronic parts, PC Boards and Engine Driven Welders that are Not Refundable/Returnable. There are no returns on International orders. Before returning any items you must contact us for a RMA # (Return Authorization Number). All returns must come in their original packaging, un-used and in excellent condition.
We do not charge Tax on international orders. However, we must have a copy of the Sales Tax Certificate for our local Export Orders or a copy of the original Bill of Lading prior to shipping. We can also offer our International customers free local (Miami, Florida) delivery to their freight forwarder or arrangements to load full container shipments at our facility free of charge.