TERMS AND CONDITIONS OF USE:

THE TERMS AND CONDITIONS SET FORTH ON THIS FORM (THE "TERMS") AND ANY WRITTEN AGREEMENT EXECUTED BY BUYER AND WELDING EXCHANGE, LLC ("AGREEMENT") CONSTITUTE THE ENTIRE AGREEMENT BETWEEN WELDING EXCHANGE, LLC, BY AND ON BEHALF OF ITS SUBSIDIARIES AND AFFILIATES, ("SELLER") AND BUYER ("BUYER"). SELLER WILL NOT BE BOUND BY ANY ADDITIONAL OR DIFFERENT TERMS ON BUYER'S ORDER OR OTHER DOCUMENTS THAT ARE INCONSISTENT WITH THESE TERMS. ACCEPTANCE BY BUYER OF THESE TERMS MAY BE MADE BY (1) WRITTEN ACCEPTANCE, (2) USE OF SELLER' ONLINE ORDERING SYSTEM, (3) RECEIPT BY BUYER OF DELIVERY OF ANY PRODUCTS FROM SELLER, OR (4) CLICKING ACCEPT TERMS AND CONDITIONS, WHICHEVER FIRST OCCURS.

1.      Orders:

Buyer will submit orders for products and services through Seller' online ordering system located on the World Wide Web at: http://stores.ebay.com/Welding-Exchange (collectively "Seller On-line"). These Terms apply to all orders for products and services accepted by Seller. Acceptance of Buyer's order by Seller will be made only on the express understanding and condition that insofar as these Terms conflict with any terms and conditions in Buyer's order, these Terms shall govern. No order shall be binding upon Seller until Seller accepts such order and Buyer meets all payment terms.

2.      Prices, Taxes, Payment:

All prices quoted, all orders accepted, and all billings rendered are exclusive of all federal, state and local withholding, excise, sales, use and similar taxes, fees, or charges imposed by any governmental authority on this transaction. All prices presented on the site are subject to change at any time and without notice. Buyer will reimburse Seller for any such tax, fee or charge, at the time of sale or thereafter, that Seller is required to pay. Terms of payment are  PAYMENT EXPECTED WITHIN 3 DAYS USING APPROVED PAYMENT METHODS. If any proceeding is brought by or against Buyer under bankruptcy or insolvency laws, Seller shall be entitled to cancel any order by Buyer then outstanding without prior notice.

3.      Returns, Changes and Cancellations:

Cancellations of and changes to orders for products and services, and returns of products by Buyer, will be subject to Seller' then-existing return, change and cancellation fees. Upon the request of Buyer, Seller will use commercially reasonable efforts to inform the Buyer of the return, change, and cancellation policies existing at the time of Buyer's request. Seller reserves the right to modify its return, change, and cancellation policies and fees at any time and without notice to Buyer. Buyer agrees to pay all charges resulting from such returns, changes and cancellations, and including, without limitation, storage and shipment costs, costs of producing non-standard materials, costs of purchasing non-returnable materials, and any other cost resulting from cancellations, changes or returns.

4.      Title, Delivery, and Acceptance:

All sales of products are made F.O.B. the shipping point. Buyer will be responsible for all shipping, handling, and insurance charges, and will reimburse Seller for all shipping, handling, and insurance costs Seller incurs. Title and risk of loss of or damage to the products shall pass to Buyer on the date the products are delivered to a common carrier at the shipping point ("Shipment Date"). In the event of any default by Buyer, Seller may decline to make further shipments without in any way affecting its rights. Seller will not be liable for delay or non-delivery of the products, resulting or arising from any cause beyond the reasonable control of Seller. The products will be deemed accepted on the Shipment Date. The Shipment Date reflected on the order is only an estimate and is not warranted by Seller. Orders will not be binding on Seller until Seller accepts them. Acceptance may be based on such considerations as, shipping options, availability, Buyer's confirmation of the particulars of the order, Buyer's written acceptance of those terms and conditions, Buyer’s compliance with the terms and conditions of prior on-line purchases from Seller, Seller's satisfaction with credit card or other payment terms, or computer services functionality. Buyer consents to Seller obtaining credit information to the extent reasonably necessary for those purposes, and to the disclosure of such information to the extent reasonably necessary to enforce this agreement

5.      Security Interest:

Until full payment has been received, Seller reserves, a purchase money security interest in the products sold. Buyer agrees to execute any document appropriate or necessary to perfect the security interest of Seller, or in the alternative, Seller may file these Terms as a financing statement and/or chattel mortgage.

6.      Use of Products:

The products sold by Seller are not intended for human consumption and use. Buyer acknowledges that the products may not have been tested for safety and efficacy in commercial or any other use. The products may contain gases and chemicals, which may be harmful if misused and due care should be exercised with all such products to prevent direct human contact. Upon your request, Seller will provide material safety data sheets ("MSDS") or other documents with the initial shipment of products. Buyer shall provide the MSDS and all manufacturer labels, warnings, etc. to all personnel of Buyer, and to any third party authorized by Buyer to use products purchased hereunder by Buyer, prior to the handling and use of the products by such personnel or third party. Buyer shall ensure that such personnel at all times use the products strictly in accordance with the MSDS, the instructions, and any warnings on the labels of the products; and Buyer shall obtain written assurances from such third party that the third party will at all times use the products strictly in accordance with the MSDS, the instructions, and any warnings on the labels of the products. Only qualified, trained professionals who are familiar with the hazards associated with such gases, chemicals, and other products should handle all gases, chemicals, and other products.

As it relates to all products, it is the Buyer's responsibility to provide proper safety devices and equipment to safeguard the operator from harm for any particular use, operation or set up, and to safeguard adequately the machine or machines to conform to all federal, state and local government safety standards, and all industry safety standards.

The Buyer agrees to indemnify and hold harmless the seller of and form any and all claims or liabilities from accidents involving any products, and those caused by failure of user, his employees or agents to follow instructions, warnings or recommendations furnished by the manufacturer or Seller, or by failure of the Buyer to comply with federal, state and local laws applicable to such equipment, including the occupational safety and health act of 1970 or amendments thereto.  Buyer shall notify Seller promptly of any accident involving any product, and in any event within 30-days after occurrence and shall cooperate fully with the Seller, or Seller's agent in investigating and determining the cause of any accident.

7.      Indemnity:

Buyer shall indemnify, defend, and hold harmless Seller and its employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that Seller may sustain or incur arising from (a) Buyer's use of the products (including without limitation to storage, handling, and transportation of products), (b) use of the products by a third party with Buyer's authorization, (c) use of the products by a third party without Buyer's authorization, where such unauthorized use is due to Buyer's negligent act or omission, or willful misconduct, (d) Buyer's failure to comply with any applicable laws and regulations (including without limitation those regarding the export of products or technology abroad, the Toxic Substance Control Act, and the Emergency Planning and Community Right-to-Know Act of 1986, or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase and use the products), or (e) the Buyer's breach of any of its obligations set forth in these Terms or in the Agreement. Seller will provide Buyer with: (i) prompt written notice of such claim of which Seller is aware; (ii) control over the defense and settlement of such claim; and (iii) proper and full information and assistance at Buyer's expense to settle and/or defend any such claim. Notwithstanding the foregoing, Buyer shall not settle any such claim, suit or proceeding without the written consent of Seller, which shall not be unreasonably withheld.

8.      Warranties and Disclaimers:

All information appearing on Seller On-line is provided "AS IS" and without warranties of any kind with respect to its correctness, accuracy, reliability or otherwise. Seller provides no warranty with respect to Seller On-line or the products and/or services sold hereunder, except those products directly manufactured by Seller and services directly provided by Seller. For products not directly manufactured by Seller and services not directly provided by Seller, Buyer receives a warranty on such products or services, if any, directly from the manufacturer of those products or provider of those services to the extent such "pass-through" warranties are available. Upon the request of the Buyer, Seller will use commercially reasonable efforts to inform the Buyer of the warranty policy of a particular manufacturer or service provider, or to direct Buyer to a source of such information. SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO SELLER ON-LINE OR THE PRODUCTS AND SERVICES SOLD HEREUNDER. SELLER EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. SELLER DOES NOT WARRANT THAT OPERATION OF SELLER ON- LINE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED OR THAT SELLER ON-LINE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9.      Limitation of Liability:

SELLER SHALL NOT BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, NOR FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD PARTY CLAIMS AGAINST BUYER. SELLER' TOTAL LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD HEREUNDER SHALL IN NO EVENT EXCEED THE PRICE PAID BY BUYER FOR SUCH PRODUCT OR SERVICE.

10.  General:

Seller reserves the right to modify any programs, policies, information, products and services contained on Seller On-line at any time and without notice to Buyer. A Buyer who uses information contained on Seller On-line or makes decisions based on such information does so at his own risk. These Terms and performance by the parties hereunder shall be construed in accordance with the laws of the State of Arizona, without regard to provisions on the conflicts of laws. Buyer and Seller consent to the exclusive venue in, the state and federal courts of the State of Arizona. This site is operated by Seller from within the United States of America. Seller makes no representation that the products or services supplied are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so at their own risk and are responsible for compliance with any applicable local laws. User may not use or transfer the purchased products in violation of US export or other law and regulations. Buyer shall not assign (a) any order for products and/or services placed through Seller On-line or (b) any interest in or any rights under such order, without the prior written consent of Seller. These Terms constitute the entire agreement between Seller and Buyer and supersede all previous communications, representations and agreements (except for the Agreement), whether oral or written, between Buyer and Seller with respect to the subject matter hereof. These Terms may not be modified, supplemented, qualified, or interpreted except in writing signed by Buyer and Seller. The failure by Seller to enforce at any time any of the provisions in these Terms will in no way be construed as a waiver of such provisions.

11.  Access and Use of Information:

Access to this site is limited to viewing the linked pages solely for legitimate business purposes to access the information provided by Seller at this site. Any access or attempt to access other areas of the Seller computer systems or other information contained on the system for any purposes is strictly prohibited. You may not use any information contained on this site other than in connection with a legitimate business purpose.

12.  Trademarks:

This site contains many Seller, and third-party trademarks and service marks. All marks are the property of their respective companies. All rights in the intellectual property contained in this Web site including copyright, trademarks, trade secret and patent rights are reserved. Access to this Web site does not constitute a right to copy or use any of the third parties' intellectual property of Seller or its suppliers. Statutory notice contained herein represents trademark status in the United States.

13.  Copyright:

All materials contained on this Site are subject to the ownership rights of Welding Exchange, LLC. and its Suppliers. Seller hereby authorizes you to make a single copy of the content herein for your use in learning about, evaluating, or acquiring Seller services or products. You agree that any copy made must include Seller copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained herein.

14.  Submissions:

All remarks, suggestions, ideas, graphics or other information communicated to Seller through this site will forever be the property of Seller. Unless otherwise specified in writing, all material submitted to Seller will be presumed to be public and Seller will not be required to treat the information as confidential. Seller shall have exclusive ownership of all present and future existing rights in the information, without compensation to the person sending the information.

15.  Complete Agreement:

The terms and conditions of use contained in Seller' Web site Terms and Conditions of Use contained herein, forms, acknowledgments, quotations, invoices and sales terms and conditions, are incorporated herein by reference and constitute the entire and exclusive agreement between BUYER and the Seller.

16.  Separability:

If any provision of these Terms of Purchase shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of these Terms and Conditions of Use.

17.  Contingencies:

Neither party hereto will be liable to the other for default or delay in the performance of any of its obligations hereunder (except any obligation to make payments when due) due to act of God, accident, fire, flood, storm, riot, war, sabotage, explosion, strike, concerted acts of workers, national defense requirements, governmental law, ordinance, rule or regulation, whether valid or invalid, equipment failure, inability to obtain electricity or other type of energy, raw or finished material or feedstock from normal sources of supply, labor, equipment or transportation, or any similar or different contingency beyond its reasonable control which would make performance commercially impracticable whether or not the contingency is of the same class as those enumerated above, it being expressly agreed that such enumeration is non-exclusive. In the event any such contingency affects only a part of Seller's capability to produce and/or deliver any Item, Seller will allocate production and/or deliveries among the requirements of all its customers and Seller's own requirements in a fair and reasonable manner. Buyer will pay or reimburse Seller for any additional costs incurred relating to the delivery of any Item to Buyer during a contingency.

18.  Security Policy:

At Seller On-line, we appreciate your concerns about the security of your confidential online business transactions. Seller On-line takes security measures to protect any information passed between our site and your computer during ordering sessions however, Seller On-line cannot guarantee that any electronic commerce is totally secure. Seller On-line will take measures to secure and protect all customer-specific information from loss, misuse, and alteration.

19.  International Buyers:

Product and Services listed on Seller On-line and provided by Seller are not listed for international sale outside the United States of America. Contact our customer service department listed below for international sales inquiries.

20.  Returns:

Returns are at the sole discretion of Seller, any such return would be subject to restocking fees, delivery charges, reconditioning fees, and other fees as determined by Seller.

21.  Questions Regarding Terms and Conditions of Use:

Any questions regarding the Seller On-line Terms and Conditions of Use should be directed to Seller at sales@weldingexchange.com