Terms and Conditions of Sale
APPLICABLE TO THE PURCHASES OF GOODS ON WWW.CENTURYWELDING.CA
BY PURCHASING ITEMS ON CENTURYWELDING.CA, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF SALE (“Terms of Sale”) WHICH SHALL APPLY TO ALL PURCHASES MADE ON CENTURYWELDING.CA (“the Website”).
CENTURYWELDING.CA IS OWNED AND OPERATED BY LINCOLN ELECTRIC. ANY USE OF THE DOMAIN NAME “CENTURYWELDING.CA” HEREIN INCLUDES LINCOLN ELECTRIC BY REFERENCE.
CENTURYWELDING.CA RESERVES THE RIGHT TO REVISE THESE TERMS OF SALE AT ANY TIME.
CAREFULLY READ AND UNDERSTAND THESE TERMS OF SALE BEFORE PLACING YOUR ORDER.
1. PRIORITY OVER OTHER TERMS
These Terms of Sale apply to all purchases made by You (referred to herein as “You,” “Your,” or “Yourself”) on Centurywelding.ca. Any attempt to alter, supplement, modify or amend these Terms of Sale shall be expressly rejected unless agreed to in writing by Centurywelding.ca
2. INTENDED USERS
Centurywelding.ca is a website intended for use by end-users purchasing product(s) for their own use within Canada. Purchase for resale is not an intended use; nor is purchase for export outside of Canada.
3. PRICING
Product prices applicable to Your order are those displayed at the time of your purchase. All prices are subject to change without notice. Product prices offered on Centurywelding.ca may vary from advertised prices for the same or similar products sold elsewhere. All prices on Centurywelding.ca are listed in Canadian dollars and are valid only within Canada.
Prices do not include shipping and handling, or provincial and local sales or use taxes. Where applicable, such costs will be displayed at the time of checkout, and shall be based upon Your selected geographic location and products purchased. You are exclusively responsible for all such costs associated with Your order.
Centurywelding.ca endeavors to provide the most up to date pricing and product information available. While Centurywelding.ca strives to have a website that is 100% accurate, errors do occur from time to time. In the event an item description or price listed on Centurywelding.ca is inaccurate or incomplete, or other errors are discovered including typographic errors, Centurywelding.ca will make corrections as quickly as possible. In the event corrections are made to a product description or price on Your processed order, Centurywelding.ca will advise you by email or telephone and will apply the corrected price or description to any orders being processed. If you do not wish to accept the order subject to its corrections or changes, you may cancel any order within three (3) business days of being advised of such corrections or changes.
Centurywelding.ca reserves the right to revoke any stated offer posted and to correct any errors, inaccuracies or omissions, including those which are discovered after Your order has been submitted and accepted.
4. PAYMENT
Centurywelding.ca allows You to pay with Visa and MasterCard. Payment for products purchased through the Website must be paid in full before Centurywelding.ca will accept and process any order.
5. ORDER PROCESSING, SHIPPING AND DELIVERY
When You place an online order, Centurywelding.ca will estimate shipping and delivery dates and provide shipping costs. In most cases, Your order will ship within 48 to 72 hours after You place the order on Centurywelding.ca. Centurywelding.ca does its best to fulfill all orders within the quickest time possible, however, Centurywelding.ca cannot guarantee the availability of any product listed on the Website at any particular time. Further, the actual delivery of Your order may be impacted by events beyond Centurywelding.ca’s control during shipping.
If an item is not immediately available for shipment, Centurywelding.ca will advise You by email or telephone. You may cancel any order within three (3) business days of being advised of the delay in order fulfillment if You do not wish to wait for the product to become available.
You shall be liable for detention, storage, or other charges resulting from Your failure to accept delivery of Your order in a timely manner. Centurywelding.ca will not allow any claim made by You with respect to damage or other problems with Your order unless reported to Centurywelding.ca in writing within 10 days after You receive the products.
6. TITLE AND RISK OF LOSS
Title to the goods and risk of loss is transferred to You upon Centurywelding.ca’s tender of the purchased products to the first transportation carrier.
7. RETURN POLICY
For purchased goods to be eligible for return to Centurywelding.ca, the following requirements must be met:
a. Approval for all returns must be obtained in writing from Centurywelding.ca. Centurywelding.ca may be contacted by email at info@centurywelding.ca or by telephone at 1-800-268-6114 during normal business hours. Centurywelding.ca will issue a return merchandise authorization number (“rma#”) which must accompany all returned items;
b. All shipping costs for returns to Centurywelding.ca are Your responsibility;
c. All returns must be accompanied by a copy of the original purchase invoice;
d. Products must be repackaged with the original packing supplies, insured, and include all original items; and
e. Repair parts must be unopened and in the original packaging in order to be accepted for return.
Returns for products purchased on Centurywelding.ca must be initiated by You within 30 calendar days of receipt of the product(s). Returned items must be unused, in their original packaging and include all original parts, accessories and instruction manuals.
Prior to returning an item, You must e-mail Your shipment tracking information to Centurywelding.ca at info@centurywelding.ca . Items must be returned to info@centurywelding.ca within fifteen (15) calendar days after you receive the rma#. all returned products must have a rma# visible on the outside of the package.
Upon receipt, Centurywelding.ca will inspect the returned goods. Following inspection, if any of the conditions of return are not met, no refund or any percentage thereof will be issued and Your goods will be returned to you at Your expense. For properly returned products that are timely received and are approved for return, Centurywelding.ca will issue a full refund or some percentage thereof through the method of original payment.
ENGINE DRIVE WELDING MACHINES: Engine drive electric arc welding machines must be in new and unused condition to be returned. The engine drive electric arc welding machine is considered used and may not be returned if fuel has been added to the fuel tank. The battery must be disconnected for the engine drive to be returned.
STATEMENT OF WARRANTY
CENTURYWELDING.CA DOES NOT OFFER ANY WARRANTIES FOR PRODUCTS PURCHASED ON ITS WEBSITE. ALL PRODUCTS POSTED FOR SALE ON
CENTURYWELDING.CA ARE SOLD ON AN “AS IS” BASIS.
Products may carry a limited warranty from the product’s original manufacturer. Centurywelding.ca is not responsible for the fulfillment of any product warranty or for any problems attributable to the use of products purchased on Centurywelding.ca
To obtain warranty information for products purchased on Centurywelding.ca, Customers may contact Centurywelding.ca’s customer service section by email at info@centurywelding.ca or by phone at 1-800-268-6114 to obtain the required contact information for the product’s original manufacturer.
9. COMPLIANCE WITH LAWS
By purchasing products on Centurywelding.ca You warrant that You shall, at Your own expense, comply with all applicable laws, regulations and other requirements of every governmental authority, agency or instrumentality and assume all liabilities or obligations imposed there with respect to Your performance under any sales or agreements to which these Terms of Sale are applicable in whole or in part.
You shall comply with all applicable laws and regulations with respect to the business conducted with Centurywelding.ca, including (without limitation) all applicable “Anti-bribery Laws,” which prohibit the payment or transfer directly or indirectly of anything of value to governments, government officials, state-owned enterprises, political parties, political party officials, or to relatives or associates of such officials, in connection with obtaining or maintaining business or an improper business advantage.
In addition to these anti-bribery laws, the U.S. government also imposes and enforces prohibitions on the payment or transfer of anything of value (either directly or indirectly) to governments, government officials, political parties, political party officials, or to relatives or associates of such officials, in connection with obtaining or maintaining business. This U.S. law is referred to as the Foreign Corrupt Practices Act (FCPA), and it can have application to conduct of a U.S. corporation’s foreign subsidiaries, employees and agents. A summary of the law and related information can be found at http://www.justice.gov/criminal/fraud/fcpa.
You acknowledge that
◦You are familiar with the provisions and restrictions contained in the Foreign Corrupt Practices Act (“FCPA”);
◦You will comply with the FCPA in all respects; and
◦You will not offer, promise, give, demand, seek or accept, directly or indirectly, any gift or payment, consideration or benefit in kind which would or could be construed as an illegal or corrupt practice.
You further acknowledge that the products and technical data, if any, purchased on Centurywelding.ca under these Terms of Sale may be subject to the export controls under the U.S. Export Administration Regulation, the U.S. Department of Treasury Office of Foreign Assets Control, the U.S. Department of State and other U.S. agencies, as well as the export control regulations of foreign countries. You further acknowledge and agree that such products and technical data, if any, which You purchase or receive under these Terms of Sale shall not be used for any prohibited purpose or transferred to a prohibited person or entity. Further, none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries upon which the United States maintains an embargo, or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Lists of Parties of Concern (collectively, “Designated Nationals”) or for any restricted end-use. Any diversion contrary to U.S. law is prohibited.
By purchasing items through Centurywelding.ca, You represent and warrant that You are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National, and that You will not re-export, divert or transfer the products You purchase on this Website to an embargoed country, person or entity. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
You further represent and warrant that You will (i) comply strictly with all legal requirements established under these controls; (ii) cooperate fully with Centurywelding.ca in any official or unofficial audit or inspection that relates to these controls; and (iii) not export, re-export, divert, transfer, or disclose, directly or indirectly, any purchased items or related technical information, document, or material or direct products thereof to any country, entity, person or end-user so restricted by the U.S. Export Administration Regulations or any other law or regulation, as modified by time to time, or to any national or resident thereof.
You are solely responsible for compliance with all applicable laws, including without limitation, export and import regulations of the United States and other countries. Upon Centurywelding.ca’s request, You shall provide information in response to any reasonable request (including a written certification) regarding compliance with applicable laws, rules or regulations.
You will comply with the laws regarding slavery and human trafficking of the country or countries in which You are doing business.
10. NO ASSIGNMENT
You may not assign any of Your rights or obligations under these Terms of Sale without the express written consent of Centurywelding.ca.
11. NOTICES
Centurywelding.ca may give notice to You by means of an email to Your e-mail address; by written communication sent by postal mail to Your physical address; or by publishing a notice on Centurywelding.ca
You may give notice to Centurywelding.ca by sending an e-mail to: info@Centurywelding.ca
12. INTELLECTUAL PROPERTY
Retention of Ownership. Except for the rights expressly granted to You, Centurywelding.ca will retain all right, title and interest to all worldwide technology, software and intellectual property (the “Intellectual Property”) and proprietary rights of the goods.
Preservation of Notice. You shall not remove, efface or obscure any copyright notices or other proprietary notices or legends from any of the goods and shall reproduce all such notices and legends when incorporating the goods into any subsequent products.
Notice of Intellectual Property Infringement. You shall promptly notify Centurywelding.ca in writing of any unauthorized use of any Intellectual Property of which You become aware. Centurywelding.ca shall have the exclusive right, in its sole discretion, to institute any proceedings against such third party in its name and on its behalf. You shall render to Centurywelding.ca full support, as Centurywelding.ca deems necessary. Such support shall include, but not be limited to, submission to Centurywelding.ca of any documentation or joining the proceedings as a party at Centurywelding.ca’s request to support Centurywelding.ca’s claims. Centurywelding.ca shall be responsible for the reasonable costs as may be incurred by You in rendering such support unless such proceedings arise from any breach by You of any provisions of these Terms of Sale. All recoveries from such claims or actions shall be the sole and exclusive property of Centurywelding.ca.
CENTURYWELDING.CA MAKES NO REPRESENTATION THAT ANY ITEMS FOR SALE ON CENTURYWELDING.CA ARE APPROPRIATE FOR THE USE YOU MAY INTEND OR AVAILABLE FOR USE IN OTHER LOCATIONS.
SOME STATES DO NOT ALLOW LIMITATIONS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Centurywelding.ca, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Sale.
18. ENTIRE AGREEMENT
These Terms of Sale, together with the Terms of Use, sales invoice and order confirmation form the basis of the Agreement between You and Centurywelding.ca for the sale of products You purchase on Centurywelding.ca. No text or other information set forth on any document or website shall add to or vary these Terms of Sale, unless agreed to in writing by Centurywelding.ca. These Terms supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, and are not subject to any additional or different terms.
19. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
The validity, construction and performance of these Terms of Sale, and the sale and use of products purchased through Centurywelding.ca shall be governed by the laws of the province of Ontario, excluding any conflict or choice of law provisions. No international sales are authorized or contemplated, and the United Nations Convention on Contracts for the International Sale of Goods shall not be applicable to the purchase of products on Centurywelding.ca.
In the event of any controversy, claim or dispute arising out of or relating to any Agreement to which these Terms of Sale are applicable in full or in part (a “Dispute”), Centurywelding.ca and You shall seek to resolve the matter amicably through mutual discussions to be initiated by written notice by the aggrieved party to the other party as promptly as possible after a Dispute arises. Such discussions are to be conducted diligently in good faith by both Centurywelding.ca and You. Such discussions may be conducted over the telephone, via e-mail or at a meeting or meetings, held at the principal offices of Centurywelding.ca, or at such other location as the Parties may agree.
If the Dispute cannot be resolved through mutual discussions as set forth above, either Centurywelding.ca or You may commence an action to resolve the Dispute in the courts of the province of Ontario, Canada. Each of the parties irrevocably submits to the exclusive jurisdiction of such courts, waives any objection it may now or hereafter have as to venue or as to convenience of forum, and agrees that all claims in respect to such Dispute be heard and determined only in such courts. Process in any such Dispute may be served on any party anywhere in the world.
20. GENERAL PROVISIONS
If any provision of these Terms of Sale is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. You agree that any principle of construction or rule of law that provides that these Terms of Sale shall be construed against the drafter of the Terms of Sale in the event of any inconsistency or ambiguity in such Terms of Sale, shall not apply to these Terms of Sale. No joint venture, partnership, employment or agency relationship exists between You and Centurywelding.ca as a result of these Terms of Sale or use of Centurywelding.ca. The failure of Centurywelding.ca to enforce any right or provision in these Terms of Sale shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Centurywelding.ca in writing. The headings contained in these Terms of Sale are for reference purposes only and shall not in any way control the meaning or interpretation of these Terms of Sale.
21. FORCE MAJEURE
Centurywelding.ca shall not be liable to You for any delay in any performance, shipment or delivery or for failure to render any performance, and any such delay or failure shall for all purposes be excused, when such delay or failure is directly or indirectly caused by governmental laws or regulations (whether or not valid); acts of war; acts of government; acts of God; acts of terrorism; sabotage; civil disturbances; strikes or other labor disturbances; equipment failure; the inability to procure Raw Materials, power, equipment, labor or other supplies on an economical or other basis; explosions; accidents; transportation delays or shortages; floods; landslides; epidemics; or similar or dissimilar events which events are beyond the reasonable control of Centurywelding.ca, in any of the foregoing cases whether or not foreseeable (collectively hereinafter the “Force Majeure Event”).
In expansion and not limitation of the foregoing, a Force Majeure Event shall be deemed to delay or prevent performance if it directly or indirectly causes the timely performance by Centurywelding.ca of any of its obligations to be commercially impracticable. Centurywelding.ca shall not be denied relief under this paragraph if it fails to avoid or resolve any Force Majeure Event, except to the extent that it fails to employ commercially reasonable efforts to avoid or resolve such event, which efforts shall not be required to include the expenditure of funds. Upon the occurrence of any event or circumstance referenced above, Centurywelding.ca shall have the right to allocate goods among its customers in its sole discretion. This paragraph supplements, and does not replace, any remedies available to Centurywelding.ca under applicable law.
22. CONTACT US
If You have any questions about these Terms of Sale, the practices of Centurywelding.ca or Your dealings with the Website, contact our customer service department.