What are HeatandWeld.com Applicable Terms and Conditions?
Our Terms and Conditions are stated below.
HeatandWeld.com Applicable Terms and ConditionsThese terms and conditions of sale establish the rights, obligations, and remedies of customer (“Buyer”) and HeatandWeld.com (“HeatandWeld”) that apply to any order issued by Buyer for the purchase of HeatandWeld products and/or services (“Products”). No additional or different terms or conditions, whether contained in Buyer’s purchase order form or in any other document or communication pertaining to Buyer’s order, will be binding on HeatandWeld unless accepted in writing and signed by an authorized representative of HeatandWeld. HeatandWeld expressly objects to and rejects any additional or different terms and conditions. Should any term or provision of these conditions be held by a court of competent jurisdiction to be invalid, void or unenforceable to any extent under applicable law, the validity of the remaining terms under this contract of which these conditions form a part (“Purchase Order”) shall not fail by reason thereof but shall be construed in the same manner as if such term or provision had not appeared herein.
Acceptance of Order
Acceptance of any Purchase Order is subject to credit approval and acceptance by HeatandWeld. If Buyer fails to comply with these terms and conditions of sale or if Buyer’s credit becomes unsatisfactory to HeatandWeld, HeatandWeld reserves the right to terminate the Purchase Order upon notice to Buyer and without liability to HeatandWeld. All first-time purchases by the Buyer, and all orders where in Buyer has been put on credit hold, are subject to a Credit Card first order shipment policy. Credit Terms cannot be established with HeatandWeld until references are verified and authorized by HeatandWeld. HeatandWeld Project Managers will design all Production drawings in-house, based upon customer specifications, drawings, and expectations. These Production drawings will be sent to the customer for approval (“Approval Drawings”). Production is initiated by customer Approval Drawings; delivery date is contingent upon Buyer’s signed Approval of Drawings.
Unless otherwise quoted, prices shall be those published and in effect at time of shipment. Prices are subject to change without notice. Any change in quantities, partial release, or destination may incur a price adjustment.
Damage or Loss in Transit
Delivery of Products to a carrier from HeatandWeld’ facilities or other shipping point shall constitute delivery. Regardless of freight payment, all risk of loss or damage in transit shall pass to Buyer at time of delivery. HeatandWeld will assist Buyer in securing satisfactory adjustment of such claims if notified within 15 days of receipt. Terms are F.O.B. Origin HeatandWeld shipping facilities, 2960 East State Street Ext. Hamilton, NJ 08619.
Confidentiality of Data
All engineering data, design information, engineering and Production drawings used in the completion of this order is considered confidential information and will become the property of HeatandWeld, whether provided by the customer or created in-house. No information will ever be shared with others outside of HeatandWeld, and any request to view your data must be made in writing and approved by an authorized representative of HeatandWeld.
Acceptance of Products
Acceptance shall occur, if not before, when Buyer fails to reject within five (5) business days after delivery of the Products. Buyer may rightfully reject only when a reasonable inspection shows that the Products fail to conform substantially to the customer-signed Approval Drawings for the Products. Buyer waives any right to revoke acceptance. Buyer’s remedies for any nonconformity detected after acceptance are limited to those expressly provided in these terms and conditions for breach of warranty.
Delay in Delivery
The Buyer shall not hold HeatandWeld responsible for any delay or any damages suffered by the Buyer by reason of any delay due to fires, strikes, riots, Acts of God, priorities, government orders or restrictions, delays in transportation, delays by suppliers of materials or parts, inability to obtain suitable and sufficient labor, or other unavoidable contingencies beyond the control of HeatandWeld. In no case shall HeatandWeld be liable for any consequential or special damages arising from any delay in delivery. In the event of such delay, the shipping date shall be extended for a period equal to the time lost by reason of such delay.
Warranty and Limitation of Liability
HeatandWeld warrants all Products manufactured by it to be free from defects in materials and workmanship for a period of one (1) year from the date of shipment from its Production facility. If,within such period,any such Products shall be proven to HeatandWeld’ satisfaction to be defective, then and in that event,such Products shall be repaired or replaced at HeatandWeld’ option. Such corrections or replacement of defective Products shall constitute a fulfillment of all liabilities in respect to such Products.
IN NO EVENT SHALL HeatandWeld BE LIABLE FOR ANY SPECIAL DAMAGES, CONSEQUENTIAL DAMAGES, INDIRECT DAMAGES, INCIDENTAL DAMAGES, STATUTORY DAMAGES, EXEMPLARY OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF REVENUE, LIQUIDATED DAMAGES, OR LOSS OF USE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. HeatandWeld’ LIABILITY SHALL BE LIMITED EXCLUSIVELY TO REPLACING OR REPAIRING WITHOUT CHARGE, AT ITS FACTORY OR ELSEWHERE AT ITS DISCRETION.
Buyer, by Acceptance of Products, assumes any and all liability for any damages which may result from its intentional or negligent use or misuse by the Buyer, its employees, or third parties. HeatandWeld makes no warranty (express, implied or otherwise) with respect to any defect, failure, deficiency, or error which is:
Not reported to HeatandWeld within the applicable warranty period set forth herein; or
Due to misapplication, modification, disassembly, abuse, improper installation by others, abnormal conditions of weather, temperature, dirt, or corrosive matter; or
Due to operation, either intentional or otherwise, above rated capacities or in any other improper manner
Under no circumstances will credit be allowed for unauthorized rework on any materials. A deduction will be made from credits issued on all returned material to cover costs of handling.
No Products are to be returned without written authorization by HeatandWeld. In the event HeatandWeld agrees to accept the return, there MUST be accompanying documentation in the form of a Return Merchandise Authorization or a Purchase Order for rework. Buyers that send Products to HeatandWeld without one of these documents are subject to a delay in processing their return of up to 5 business days. Outside services or corrections to be performed by HeatandWeld shall be limited geographically to a 50-mile radius of the HeatandWeld facilities. In no event shall HeatandWeld be liable for any damages to Buyer’s property resulting from repairs or corrections to the Products while made at Buyer’s location.
Corrections and Changes
All clerical errors are subject to correction. Any changes or corrections will be made accordingly, and revised copies will be put into circulation.
No terms and conditions other than those stated herein, and no agreement or understanding, in any way purporting to modify these terms or conditions, shall be binding on HeatandWeld without written consent by an authorized representative of HeatandWeld.