Terms and Conditions of Sales

Limited Warranty and Disclaimer of Certain Liabilities

  1. "SELLER" as used hereafter means in the case of welding products, accessories, industrial gases, cylinders and other associated equipment means CARROLL WELDING SUPPLY, INC. is an authorized agent.
  2. Products Specifications. All welding products and accessories including equipment or material sold hereunder shall conform to the standard specifications established by the Manufacturer. All industrial and medical gases sold hereunder shall conform to the standard specifications of SELLER in accordance with the applicable specifications, rules and regulations of the United States Department of Transportation.
  3. Limitation of Warranties. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN PARAGRAPH #2 IMMEDIATELY ABOVE, ALL WARRANTIES WHETHER EXPRESSED OR IMPLIED, ALL GUARANTEES AND ALL REPRESENTATION AS TO PERFORMANCE, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY AND ALL WELDING PRODUCTS AND ACCESSORIES INCLUDING EQUIPMENT OR MATERIALS AND INDUSTRIAL GASES FURNISHED BY SELLER, ARE EXCLUDED AND DISCLAIMED BY SELLER.
  4. Exclusive Remedy: Disclaimer of Consequential Damages. In the case of Manufacturer's breach of warranty or any other duty with respect to the quality of welding products and accessories including equipment or materials furnished by SELLER, the exclusive remedy therefore shall be against the Manufacturer or as otherwise provided by the Manufacturer. In case of SELLER'S breach of warranty or any other duty with respect to the sale of industrial gases furnished by SELLER, the exclusive remedy therefore shall be replacement by SELLER of said gases. SELLER shall not be under any liability to PURCHASER or any other person for damage, loss, injury or expense, whether direct, special, or consequential, and whether in the form of personal injury, pecuniary loss, increased expense or otherwise. Failure of PURCHASER to give notice of claim to CARROLL WELDING SUPPLY, INC. within 15 days from the date of delivery of any product shall constitute a waiver by PURCHASER of all claims in respect to such product.

Terms and Conditions Upon Which Cylinder Are Loaned

All cylinders are the property of the SELLER. The PURCHASER assumes the responsibility for the safe return of all cylinders and shall be responsible for a loss by fire, theft or any such damage as will necessitate the replacement of any part of any cylinder. A charge for Rental of 20ยข per cylinder, per day, or $6.00 per month, will be assessed. In any event, the SELLER reserves the right to cause to be returned (prepaid to SELLER) or to bill PURCHASER for replacement cost of all cylinders retained by the PURCHASER after ninety (90) days. No refunds on unused contents of cylinders.

Other Terms and Conditions

A handling charge of 10% of invoice value in applicable on all goods returned for credit without the consent of CARROLL WELDING SUPPLY, INC. Payment shall be made by PURCHASER within 30 days from receipt of delivery ticket. Interest at maximum rate allowable by law will be charged on past due accounts. No claims will be considered unless made within 30-days after receipt of this invoice.

  1. IN CONSIDERATION OF CREDIT EXTENDED ON THIS ACCOUNT, THE PURCHASER AGREES THAT THE ACCOUNT WILL BE PAID IN ABILENE, TAYLOR COUNTY, TEXAS.