WELDSTAR/DEPKE TERMS OF SERVICE
We hereby certify that these goods were produced in compliance with all applicable requirements of Sections 6, 7 and 12 of the Fair Labor Standards Act, as amended, and of regulations and orders of the United States Department of Labor issued under Section 14, thereof. Prices do not include taxes unless invoiced and are subject to the addition of any taxes which the Seller may be required by law to pay or collect. Seller warrants and guarantees the quality or performance of goods only to the extent described herein. Liability of Seller is limited to cost of replacing goods and equipment which might prove to be defective, subject to supplier's warrantee.
CYLINDERS ARE RENTED TO CUSTOMER AND NO TITLE THERETO PASSES TO CUSTOMER. A daily rental charge, at established rates, will be invoiced on the 24th of each month. Customer agrees to be responsible for all loss or damage to any cylinder resulting from any cause while in customer's possession. Customer acknowledges delivery and acceptance of the cylinders in good condition and agrees to return said cylinders in good condition. No change in or addition to the terms and provisions hereof shall be made unless approved in writing by a representative of Seller authorized to accept this agreement. Refilling of rented cylinders except by the Seller or loan of cylinders without the Seller's written consent is prohibited.
NO MERCHANDISE MAY BE RETURNED FOR CREDIT WITHOUT AUTHORIZATION FROM SELLER IN WRITING. SAID MERCHANDISE IS SUBJECT TO A RESTOCKING CHARGE AT THE OPTION OF THE SELLER, PLUS TRANSPORTATION IF PICKED UP BY THE SELLER.
ANY CUSTOMER-OWNED CYLINDER, OR ANY EQUIPMENT SENT FOR REPAIR THAT IS NOT CLAIMED AT OUR FACILITY FOR OVER 90 DAYS WILL BE CONSIDERED FORFEITED/ABANDONED BY THE ORIGINAL OWNER, AND OWNERSHIP WILL BE TRANSFERRED TO WELDSTAR/DEPKE.
WELDSTAR COMPANY, DEPKE AND ANY SUBSIDIARY OF WELDSTAR (HEREINAFTER CALLED THE COMPANY) WARRANTS, SOLEY TO THE CUSTOMER ONLY, THAT ANY GAS OR WELDING PRODUCTS (HEREINAFTER COLLECTIVELY CALLED THE "PRODUCTS") DELIVERED, SHIPPED OR FURNISHED HEREUNDER WILL MEET THE STANDARD SPECIFICATIONS AT THE TIME OF MANUFACTURE AND WILL CONFORM TO ANY PROMISES AND AFFIRMATIONS OF FACT MADE ON THE CONTAINER AND LABEL EXCEPT FOR THE FOREGOING. COMPANY’S ONLY EXPRESS WARRANTY APPLICABLE TO THE CUSTOMER AND NOT TO ANY UNINTENDED RECIPIENTS OR THIRD PARTY. PRODUCTS (OR ANY COMPONENTS THEREOF) SHALL BE SUCH WRITTEN WARRANTY ON WARRANTIES AS THE MANUFACTURER MAY SUPPLY WITH THE PRODUCT OR OTHERWISE PUBLISH HEREAFTER. COMPANY AUTHORIZES NO THIRD PERSON OR PARTY TO ASSUME FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH ANY SUCH PRODUCTS. THE REMEDY HEREBY PROVIDED SHALL BE THE EXCLUSIVE AND SOLE REMEDY OF CUSTOMER AND COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF ANY CLAIM MADE HEREUNDER WITH RESPECT TO THE PRODUCTS. NO CLAIM OF ANY KIND WHETHER OR NOT BASED ON WARRANTY OR NEGLIGENCE, AS TO THE PRODUCTS DELIVERED HEREUNDER SHALL BE GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THE PRODUCTS IN RESPECT TO WHICH DAMAGES ARE CLAIMED. COMPANY MAKES NO OTHER WARRANTY OF ANY KIND WHATSOVER, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY THE COMPANY AND EXCLUDED FROM THIS AGREEMENT. NOTICE TO ANY CLAIMS AS TO ANY GAS PRODUCT DELIVERED HERENDER SHALL BE GIVEN WITHIN 90 DAYS FROM THE DATE OF DELIVERY AND FAILURE TO GIVE NOTICE WITHIN SUCH TIME SHALL CONSTITUTE A WAIVER BY CUSTOMER OF ALL CLAIMS IN RESPECT THERETO. CUSTOMERS USE OF THE PRODUCTS OTHER THAN FOR THE CUSTOMERS SOLE USE SHALL BE A VIOLATION OF THIS AGREEMENT AND THE CUSTOMER AGREES TO AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS WELDSTAR FROM AND AGAINST ANY AND ALL LOSSES OR CLAIMS BY ANY THIRD PARTY SEEKING COMPENSATION OR REIMBURSEMENT FOR LOSSES, COSTS, INJURY, DAMAGED AND EXPENSES, THREATENED, SUFFERED OR INCURRED BY CUSTOMER OR
THIRD PARTY AS A RESULT THEREOF.
TERMS: NET 10TH, 1-1/2% PER MONTH REPRESENTING AN 18% PER ANNUM CHARGE ON UNPAID BALANCES WILL BE ADDED.
