Website Terms and Conditions of Use
The Website has been prepared solely for the purpose of providing information about Lincoln Electric® and the services and products it offers and promoting the understanding and safe use of electric arc welding. The Website has been compiled in good faith by Lincoln Electric. However, no representation is made as to the completeness or accuracy of the information it contains. In particular, you should be aware that this information may be incomplete, may contain errors or may have become out of date. Lincoln Electric reserves the right to add, modify or delete any information at the Website at any time.
Conduct on the Website
Some areas of the Website may require that you register and log in. You are responsible for protecting your username and password. Additionally, we may rely upon any communications it receives on the Website under your login. Notify us immediately if you have reason to believe your login has been or may be used by someone not authorized to do so.
The Website includes online forums on which the Company’s customers can share information (“User Contributions”) about arc welding and their arc welding projects. Users who participate in the forums agree that all posts made on any forum on the Website is not private information and that when posted it will be publicly available to any user on the Website. By providing any User Contribution on the Website, you grant us and our affiliates (and our respective licensees, successors and assigns) the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. By providing User Contributions, you represent and warrant that you own or control all rights to such User Contributions and have the right to grant the license granted above. All posts are subject to review and any content deemed in the Company’s sole judgment to be inappropriate, offensive or inconsistent with the purpose for the forum may be deleted or the posting may be deleted in whole or in part. Users who post such content may be prohibited from further use of the forums or the Website.
We are not responsible (or liable to any third party) for the content or accuracy of any User Contributions posted by you or any other user of the Website. We make no representation or warranty as to the content or accuracy of any User Contributions and hereby disclaim any such representation or warranty.
Use of Materials on the Website
- In any way that violates any applicable federal, state, local or international law or regulation including, without limitation, any laws regarding the export of data or software to and from the US or other countries.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To corrupt or misuse any data, personal information or User Contributions that may be submitted to or accessed through the Website.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Conduct any commercial activities, such as marketing, promoting or selling products or services or contests, sweepstakes and other such promotions.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion, including failing to comply with the Content Standards or engaging in any Prohibited Use.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Trademarks and Copyrights
Customer Assistance Policy
The business of the Company is manufacturing and selling high quality welding equipment, consumables, and cutting equipment. Our challenge is to meet the needs of our customers and to exceed their expectations. On occasion, purchasers may ask the Company for information or advice about their use of our products. Our employees respond to inquiries to the best of their ability based on information provided to them by the customers and the knowledge they may have concerning the application. Our employees, however, are not in a position to verify the information provided or to evaluate the engineering requirements for the particular weldment. Accordingly, the Company does not warrant or guarantee or assume any liability with respect to such information or advice. Moreover, the provision of such information or advice does not create, expand, or alter any warranty on our products. Any express or implied warranty that might arise from the information or advice, including any implied warranty of merchantability or any warranty of fitness for any customers’ particular purpose is specifically disclaimed.
The Company is a responsive manufacturer, but the selection and use of specific products sold by the Company is solely within the control of, and remains the sole responsibility of the customer. Many variables beyond the control of the Company affect the results obtained in applying these types of fabrication methods and service requirements.
Safe Harbor Statement
The materials at this and other Lincoln Electric websites may contain various forward-looking statements and include assumptions concerning Lincoln Electric’s operations, future results and prospects. These forward-looking statements are based on current expectations and are subject to risk and uncertainties. In connection with the “safe harbor” provisions of the Private Securities Litigation Reform Act of 1995, Lincoln Electric provides the following cautionary statement identifying important factors which, among others, could cause the actual results or events to differ materially from those set forth or implied by the forward-looking statements and related assumptions.
Such factors include the following: (1) successful implementation of new information systems; (2) developments in product liability litigation; (3) demands of the competitive global economy that may generate new or enhanced competitors; (4) growth opportunities (or lack thereof) in international markets; (5) the cyclicality and maturity of the welding industry; (6) changing operating factors that could affect production by impacting labor or materials; and (7) successful development of new products; (8) possible new developments in the technology of joining metals. These and other risks are discussed in greater detail in the Lincoln Electric periodic reports filed with the Securities and Exchange Commission.
The reports filed by Lincoln Electric with the Securities and Exchange Commission and listed on the Website speak only as of the respective dates on which they are filed or used by Lincoln Electric. The contents of those reports can become out-of-date. Lincoln Electric makes no commitment, and disclaims any duty, to update any of those reports.
Environmental, Health, and Safety Policy
Lincoln Electric is committed to minimizing risks to human health and the environment in and around the workplace. More specifically, Lincoln is dedicated to maintaining the health and safety of its employees, customers and neighbors, as well as preserving the integrity of our environment. This commitment is supported by management and is the individual and collective responsibility of all Lincoln Electric employees.
We will achieve these goals through our EHS system and strive for continual improvement by:
- Education and training to institutionalize EHS values throughout the company;
- Setting EHS objectives and monitoring progress to improve employee health and safety and reduce adverse environmental impacts;
- Raising EHS awareness of all employees and stressing personal accountability throughout the Lincoln organization;
- Complying with or exceeding all applicable EHS regulatory requirements; and
- Conserving natural resources through pollution prevention, energy conservation and waste minimization.
We have adopted this privacy statement in order to demonstrate our firm commitment to the privacy of certain information provided to it by customers and potential customers who use the Website. This policy states the Company’s policy regarding information collection and dissemination practices for the Website: www.weartech.net. By using the Website, you consent to all actions taken by us with respect to your information. This site contains links to other sites. The Company does not control and is not responsible for the operation of such websites and refers you to the privacy practices stated on such websites.
Lincoln collects information supplied by individuals who use the Website for the purpose of providing information or updates about Lincoln or its products or arc welding to such individuals. We may also use personal information you submit for internal purposes including the administration of our websites, data analytics and compliance with law or legal process and the Lincoln’s policies and procedures. Examples of the information collected and purposes for which it is requested follow:
Contact Us and Ask the Experts
We collect your name, address, phone number and email address along with any inquiry or comment you may wish to submit to the Company for the purpose of replying to your inquiry.
Marketing and Other Information
Lincoln publishes various information about Lincoln products and arc welding, such as send ads, videos, contests, rebates and e-newsletters, which we email to users of the Website or to other individuals they identify to us. Recipients may opt out or unsubscribe from such information here.
Questionnaires and Surveys
Lincoln may ask users of the Website to complete optional online surveys and opinion polls for the purpose of obtaining their input relating to our present or planned products and their use. These surveys help us to better meet your needs. In conducting these surveys we may ask you to provide your name and contact information.
Product, Accessory and Extended Warranty Orders
If you purchase products from the Website, we ask for your contact, shipping and billing information. You will also be asked to provide your credit card number and security code solely to our credit card processing vendor, 3Delta Systems (3dsi.com), for purposes of payment. Lincoln will not have access to or store your credit card information. You may also register your Lincoln product here so we can provide information updates to you.
Locating a Distributor
If you use the Website to locate a nearby Lincoln distributor, we will ask you for a location, including zip code. This information may be retained and analyzed for statistical business reasons.
Customer and Investor Updates
Lincoln may ask you to provide contact information so that updates to our products, material safety data sheets (MSDS), safety and corporate investor information may be sent to you.
The Website is not directed to children under the age of thirteen and we do not knowingly collect personal information from children. We will ask you to confirm that you have not and will not provide such information to us or in postings on the Website when you register. If we become aware that such information has been provided or posted on the Website, we will delete it from our records.
Notice: When Personal Information is collected, Lincoln will inform individuals of the purpose for which it collects and uses Personal Information and the types of third parties to which the company discloses or may disclose that information. Lincoln will provide individuals with the choice and means for limiting the use and disclosure of their Personal Information. Notice will be provided in clear and conspicuous language when individuals are first asked to provide Personal Information to Lincoln, or as soon as practicable thereafter and, in any event, before Lincoln uses or discloses the information for a purpose other than that for which it was originally collected.
Choice: Lincoln will offer individuals the opportunity to choose (Opt Out) when their personal Information is (1) to be disclosed to a third party or (2) to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual. Sensitive Personal Information is not knowingly collected on the Website. It is Lincoln’s policy that any individual providing Sensitive Personal Information to it will have the opportunity to explicitly consent (Opt Out) to the disclosure of such information for a purpose other than the purpose for which it was originally collected or subsequently authorized by the individual.
The Website provides users with the opportunity to opt-out of receiving communications from us at the point where we request Personal Information.
The Website also gives users the following options for opting not to receive future communications from Lincoln:
- Remove your name from our subscription list; and
- E-mail us your request to unsubscribe.
Updating Personal Information
The Website provides you the option to update or correct information previously provided by logging into your account and clicking User Admin Center and then My Profile to access your Personal Information and correct, amend or delete inaccurate information.
The Lincoln Electric Company does not sell any personal information or email addresses collected on the Website. It also does not share this information with third parties not directly affiliated with Lincoln Electric.
Lincoln will take reasonable steps to protect the Personal Information it collects from loss, misuse, unauthorized access, disclosure, alteration and destruction. Lincoln has put in place appropriate physical, electronic and managerial procedures to safeguard and secure the Personal Information it collects from loss and misuse, unauthorized access or disclosure, alteration or destruction. Lincoln cannot guarantee the security of information on or transmitted via the Internet.
Lincoln will only process Personal Information in a way that is compatible with and relevant to the purpose for which it was collected or authorized by the individual. To the extent necessary for those purposes, Lincoln will take reasonable steps to ensure that Personal Information is accurate, complete, current as provided and reliable for its intended use.
If you have any questions about this privacy statement, the practices of the Website or your dealings with the Website, you can email us or contact us at the following address:
The Lincoln Electric Company
22801 St. Clair Avenue
Cleveland, OH 44117
DISCLAIMER OF WARRANTY
LINCOLN ELECTRIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES IMPLIED FROM A COURSE OF DEALING OR PERFORMANCE OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE WEBSITE WILL BE SECURE, THAT THE SITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE, OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU RELY UPON OR DOWNLOAD ANY MATERIALS FROM THE WEBSITE, YOU DO SO AT YOUR OWN RISK. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM LINCOLN ELECTRIC OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND.
IN CERTAIN JURISDICTIONS, THE LAWS MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TIME LIMITATION FOR CLAIMS
YOU AGREE THAT ANY CLAIM OR DISPUTE ARISING OUT OF YOUR USE OF OR RELATED TO THE WEBSITE MUST BE COMMENCED NO LATER THAN ONE (1) YEAR AFTER THE CLAIM ACCRUES OR IT IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
The owner of the Website is based in the State of Ohio in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Weartech International, Inc. Terms & Conditions of Sale
Weartech International Inc. (“Weartech”) and the customer (“Buyer”) purchasing products (“Products”) from Weartech agree to the following terms. Weartech’s acceptance of Buyer’s purchase order is expressly conditional upon Buyer’s agreement to the terms outlined below. Buyer’s acceptance of or payment for the Products will manifest Buyer’s agreement to these terms.
PRICES; TERMS OF PAYMENT
- Prices are based agreed upon payment terms. Prices include standard packaging based on the territory.
- Additional prices will be charge special testing and or meeting special specification. E.g. Mil Spec. Consult the Weartech Sales Department for additional pricing information.
- Prices do not include taxes/duties. All prices are subject to the addition of any taxes/duties which Weartech is required to pay or collect.
- Terms are advanced payment unless otherwise agreed to in writing by Weartech. Weartech reserves the right bill late payment charges on Buyer’s past due invoices, of 1.5% per month. Weartech shall have the right, among other remedies, to suspend further performance with respect to any agreements with Buyer in the event Buyer fails to make payment when due. Buyer shall be liable for all costs and expenses relating the collection of past due amounts.
- All orders are subject to final acceptance at Weartech’s office.
TRANSFER OF TITLE
All shipments are made F.O.B. point of shipment, unless other terms are accepted in writing by Weartech.
SHIPPING AND DELIVERY
Payment of freight will be based on the agreed terms in purchase order.
CANCELLATION OF ORDERS
- For standard products of standard commercial specification, Weartech reserves the right to charge a cancellation fee of 18% of the net value of the purchase order.
- Orders for non-standard (made to order) products and orders for extraordinary quantities of standard items are non-cancellable. Buyer shall be responsible for certain costs related to special orders, even if the order is cancelled. Upon cancellation, Buyer will be invoiced (i) payment in full at the price originally quoted for finished goods manufactured by Weartech prior to order cancellation; and (ii) for any other costs related to the order which are incurred by Weartech prior to cancellation, including the cost of any non-standard raw material or WIP material, and all associated manufacturing costs. Cancellation of non-standard products will be effective on the date Weartech receives written notice of the cancellation from Buyer. Manufactured product will be shipped upon completion.
RETURN OF UNUSED MATERIAL
Return of unused, standard material will be charged restocking fee of 25%. Buyer will pay all transportation and other fees associated with return of the material. Prior to returning material, the buyer must obtain a Return Material Authorization (RMA) form from Weartech. Upon receipt of the material, which must be unused and undamaged, Weartech will perform an incoming receiving inspection. If the returned material is approved as unused and undamaged, the return for credit will be authorized.
LIMITATION OF LIABILITY
THE SOLE AND EXCLUSIVE REMEDY FOR ANY PRODUCT DEFECT SHALL BE LIMITED TO REPLACEMENT OR REFUND OF THE PURCHASE PRICE FOR THE PRODUCT. IN NO EVENT SHALL WEARTECH’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE PRICE PAID FOR THE PRODUCTS GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. WEARTECH SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. The term “consequential damages” shall include, without limitation, loss of anticipated profits, business interruption, loss of use, loss of revenue, loss of reputation and loss of data, and related costs incurred.
COMPLIANCE WITH LAWS; IMPORT/EXPORT
Buyer agrees that it will comply with applicable laws. Buyer agrees that all applicable import and export control laws, regulations, orders and requirements, including those of the United States and the jurisdictions in which Weartech and the Buyer are established or from which the Products may be supplied, will apply to their receipt and use. In no event will Buyer use, transfer, release, import, export, ship or transship Products purchased from Weartech in violation of such applicable laws, regulations, orders or requirements.
CUSTOMER ASSISTANCE POLICY
On occasion, customers may ask Weartech for information or advice about the use of our products. Our employees respond to inquiries to the best of their ability based on information provided to them by the customers and the knowledge they may have concerning the application. Our employees, however, are not in a position to verify the information provided or to evaluate the engineering requirements for the particular application. Accordingly, Weartech does not warrant or guarantee or assume any liability with respect to such information or advice. Moreover, the provision of such information or advice does not create, alter or expand any warranty on our products. Any express or implied warranty that might arise from the information or advice, including any implied warranty of merchantability or fitness for a particular purpose is specifically disclaimed.
Weartech is a responsive manufacturer, but the selection and use of specific products sold by Weartech is solely within the control of, and remains the sole responsibility of the customer. Many variables beyond the control of Weartech affect the results obtained in applying these types of application methods and services requirements.
Weartech shall not be liable for any delay in any performance or failure to render any performance when such delay or failure is directly or indirectly caused by governmental laws or regulations; acts of war; acts of government; acts of God; acts of terrorism; sabotage; civil disturbances; strikes or other labor disturbances; equipment failure; inability to procure raw materials, power, equipment, labor or other supplies on an economic basis; explosions; accidents; transportation delays or shortages; floods; landslides; epidemics; or similar or dissimilar events which events are beyond the reasonable control of Weartech. In expansion and not limitation, a force majeure event shall be deemed to delay or prevent performance if it directly or indirectly causes the timely performance by Weartech of any of its obligations to be commercially impracticable. Weartech shall not be denied relief under this provision if it fails to avoid or resolve a force majeure event, except to the extent it fails to employ commercially reasonable efforts to avoid or resolve any force majeure event. Upon the occurrence of any force majeure event, Weartech shall have the right to allocate products among its customers in its sole discretion. This provision supplements and does not replace any remedies available to Weartech under the Uniform Commercial Code and other applicable law.
These terms and conditions supersede all other communications, negotiations, and prior oral or written statements regarding the subject matter of these terms and conditions. No change, modification, rescission or waiver of these terms and conditions shall be binding upon Weartech unless made in writing and signed on its behalf by a duly authorized representative.
Buyer shall not assign its rights or delegate its duties hereunder without the prior written consent of Weartech, and any such assignment, without such consent, shall be void. A change in ownership or control of Buyer is deemed to be an assignment for purposes of this provision.
The product/material being purchased by Buyer may contain, or generate during its use, compounds of toxic elements and chemicals, such as beryllium, manganese, cobalt and hexavalent chromium, which are potentially toxic and harmful to human health. Buyer acknowledges that it is aware of the potential toxicity of these elements and chemicals, that some or all of them are known human carcinogens, and that they can cause serious medical conditions including, but not limited to, respiratory damage, ulceration and perforation of the nasal septum, lung cancer and other forms of cancer, neurologic injury and/or skin irritation. Notwithstanding any other provision contained herein or any other obligation of Buyer hereunder, Buyer, upon acceptance of Goods and/or Services that are the subject of this Order, warrants that Buyer, its employees, agents, customers, representatives, successors and assigns are industrial users of such Goods and/or Services and possess the knowledge and expertise to use the same in accordance with (i) accepted industry standards, including, but not limited to, those promulgated by the American National Standards Institute and the American Welding Society, (ii) all applicable laws, including, but not limited to, OSHA’s Hazard Communication Standard, (iii) prudent safety practices, and (iv) operating manuals, safety data sheets, warning labels and other written instructions provided by Seller, if any. Buyer agrees that it must review the aforementioned safety data sheets, warning labels and other written instructions and fully comply with appropriate safety standards including, but not limited to, obligations imposed on it by the OSHA Hazard Communication Standard. Buyer agrees to indemnify, defend and hold harmless Seller, its subsidiaries and affiliates and their respective directors, officers, shareholders, customers, employees, agents, successors and assigns of each from and against any and all liabilities, including personal injury claims, losses, costs or damages, including reasonable attorney’s fees, resulting from claims that arise from any use or handling of the product/material, the negligence, intentional or wanton conduct of the Buyer or Buyer’s failure to comply with applicable laws, standards and regulations.