AWISCO Terms & Conditions
We here certify that these goods were produced in compliance with all applicable requirements of Section 6,
7 and 12 of the Fair Labor Standards Act, as amended, and of regulations and others of the United State Dept.
Of Labor issued under Section 1 thereof.
Item 1 The cylinders and fittings covered by the invoice are loaned by the vendor to the vendee “NOT SOLD” and are to be returned to the plant or warehouse of the vendor from which they were shipped in good condition and repair within our billing date of said shipment. Vendee shall pay to the vendor of each cylinder not returned within the billing period at the rate currently in effect.
Item 2 The vendee waives any claims based on defective valves or other cylinder imperfections unless same are made within 15 days after receipt of cylinder providing cylinder is returned to vendor’s plant of warehouse with a tag attached requesting credit.
Item 3 The vendee shall not loan or refill or cause to be loaned or refilled the cylinder furnished by the vendor and shall return empty cylinders complete with cap. Said cylinders returned without cap shall be subject to prevailing market price.
Item 4 The vendee shall pay to the vendor upon demand the value of any cylinder or fitting lost, destroyed or damaged through any cause whatsoever or not returned to the vendor within six months from the date of shipment based on the latest selling price of the vendor or if damage can be repaired, the cost of making such repair. The superintendent of the plant of the vendor to which such cylinder and fittings are returned shall be the sole judge of whether or not the cylinders and fittings are damaged and whether or not such damage can be repaired and no other agent or employee of the vendor is authorized or empowered to bind the vendor as to the foregoing. Payment by the vendee for any cylinders not returned shall not vest title to such cylinder I the vendee but if any such cylinders so paid for are subsequently returned to the vendor the vendor will refund the amount paid with respect thereto less cost, if any of putting such cylinder in repair and less cylinder rental accrued to the data of said return.
Item 5 The vendee shall indemnify and save harmless the vendor from and against all loss or damage arising out of injuries to or death of persons and damage to or destruction of property in any manner caused by incident to or connected with the cylinders or the contents thereof furnished by the vendor wherever the same may be during the aforesaid period (the vendee may insure against the foregoing liabilities under standard forms of insurance policies. Whenever necessary vendee’s polices should be endorsed to provide for coverage and in the event of any loss or damage as foresaid vendee should promptly report such damage or loss to the insurance company and vendor.)
Item 6 The vendee shall pay the vendor the value of any rented welding machines or parts lots, destroyed or damaged through any cause whatsoever based on the latest selling price of the vendor or if damage can be repaired, the cost of making such repair. The vendee agrees that they will carry full insurance coverage for any loss of the welding machines rented from the vendor or any damage arising from the use of this equipment during the rental period covered by the invoice.
Item 7 LIMIT ON WARRENTY
No warranty is made by AWISCO New York Corp. with respect to any gases or items manufactured by our suppliers. All gases and other items are sold subject to the warranties of the respective manufacturers. A copy of which will be furnished on request. Any express warranty not provided herein and any implied warranty guaranty or representation as to performance and any remedy for breach of contract which but for this provision might arise by implication operation of law, custom of trade or courses of dealing, including an implied warranty of merchantability or fitness for particular purpose with respect to any and all equipment furnished by AWISCO New York Corp. is excluded and disclaimed by AWISCO New York Corp.
Except, as expressly provided by AWISCO New York Corp. in writing, all products and gases are intended for ultimate purchase by Commercial/Industrial users and for operation by persons trained and experienced in the use and maintenance of welding equipment and not for consumers or consumer use. There are no express warranties by Seller other than those specified in this condition 7. No warranties by Seller (other than warranty of title as provided in the Uniform Commercial Code) shall not be implied or otherwise created under the Uniform Commercial Code including but not limited to warranty of merchantability and warranty of fitness for a particular purpose. No claim of any kind whether or not based on warranty or negligence shall be greater in amount than the purchase price of the products in respect to which damages are claimed. Sellers warranty on any good delivered hereunder that are not manufactured by Seller is limited to extending to Buyer such warranty as is offered by the original manufacture to the extent such warranty is assignable. The warranties specified in this condition 7 do not cover any goods that are altered by any party other than the original manufacturer.
AWISCO’s prices are in U.S. dollars and are subject to change without notice. AWISCO is not responsible for pricing errors and will make all attempts to notify the vendee of any discrepancies prior to order fulfillment. All orders are accepted subject to manufacturer’s price in effect at time of order. AWISCO reserves the right to change pricing in the event that the manufacturers invoke a price increase.
AWISCO will not be liable or held responsible for any delays or losses resulting, directly or indirectly, from epidemics, acts of God, acts of war, severe weather conditions, labor disputes, governmental actions, inability to obtain permits, licenses, riots, material shortages, increase in cost of raw materials, and any other circumstances or causes beyond our reasonable control.