THE LINCOLN ELECTRIC COMPANY
TERMS AND CONDITIONS OF SALE
APPLICABLE TO THE LINCOLN ELECTRIC ONLINE STORE
HTTP://STORE.LINCOLNELECTRIC.COM


BY PURCHASING ITEMS THROUGH THE LINCOLN ELECTRIC ONLINE STORE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF SALE (“Terms of Sale”) WHICH SHALL APPLY TO ALL PURCHASES MADE FROM THE LINCOLN ELECTRIC ONLINE STORE (“the Website”):


CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF SALE BEFORE PLACING YOUR ORDER:


1. Priority Over Other Terms.

These Terms of Sale apply to all purchases made by the customer (referred to herein as “the Customer”, “You”, “Your”, or “Yourself”) from the Lincoln Electric Online Store. Any attempt to alter, supplement, modify or amend these terms and conditions shall be null and void unless agreed to, in writing, by The Lincoln Electric Company (“Lincoln”).


2. Intended Users.

The Lincoln Electric Online Store is a website intended for use by end user customers purchasing for their own use within the United States. Purchase for resale is not an allowable use, nor is purchase for shipment and/or export outside the United States.



3. Pricing.

The product prices applicable to Your order are those displayed at the time You place an order, are effective on the specific date posted on the Website, and will be effective thereafter until new prices are listed. The Lincoln Electric Online Store may also identify a prior list price no longer in effect, for informational purposes only. All prices are subject to change without notice. Product prices offered on the Lincoln Electric Online Store may vary from advertised prices for the same or similar products sold by Lincoln. All prices on the Lincoln Electric Online Store are listed in U.S. dollars and are valid only within the contiguous 48 United States. At this time, shipment is not available to Hawaii, Alaska or other countries outside of the United States. If You would like to inquire about shipment to these locations, please call 1-888-610-9206.


Prices do not include shipping and handling, or state and local sales or use taxes, where applicable. Such costs will be displayed at the time of checkout, and based upon selected customer preferences. You are exclusively responsible for all such costs associated with Your order.


Lincoln strives to provide the most up to date pricing information on its Website. While we strive 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 The Lincoln Electric Online Store is inaccurate or incomplete, or other errors are discovered (including typographic errors), Lincoln will make corrections as quickly as possible and will apply the corrected price to any orders being processed. In the event corrections are made to the product description or price on your processed order, the Company will advise you by email or telephone. You may cancel any order within three (3) working days of being advised of corrections or changes to the product description or price if you do not wish to accept the order subject to the corrections or changes.


Lincoln reserves the right to revoke any stated offer posted on The Lincoln Electric Online Store and to correct any errors, inaccuracies or omissions, including those which are discovered after a customer order has been submitted and accepted.


4. Payment.

The Lincoln Electric Online Store allows You to pay with Visa or MasterCard. Payment for products purchased through the online store must be paid in full before Lincoln will accept and process any order. By paying for products through the Website, You are expressly agreeing to all terms and conditions in these Terms of Sale.



5. Order Processing, Shipping & Delivery.

Your Order requires both processing time and shipping time. Please review the Frequently Asked Questions in order to determine the total estimated order for delivery times as well as the costs associated with Your chosen shipping method (Ship to Store, Standard delivery, Expedited – Second Day, Expedited – Next Day). Keep in mind that the total time for delivery will depend upon many factors, including products selected, product availability, order processing time and selected shipping method.


In most cases, Your order will ship within 24 to 48 hours after You place the order with the Lincoln Electric Online Store. While Lincoln does its best to fulfill all orders within the quickest time possible, Lincoln cannot guarantee the availability of any particular product listed on the Lincoln Electric Online Store at any particular time. Further, the actual delivery of Your order can be impacted by many events beyond Lincoln’s control after the product leaves our facility. Therefore, sometimes the total time a product may take to reach you may be longer than expected


If an item is not immediately available for shipment, Lincoln will advise you by email or telephone. You may cancel any order within three (3) working days of being advised of the delay in order fulfillment if You do not wish to wait for the product.


If You have questions about the shipping policy or wish to speak to a customer service representative about Your specific shipping situation, please call 1-888-610-9206.



6. Title and Risk of Loss.

For all product(s) purchased through the Lincoln Electric Online Store, title and the risk of loss shall pass from Lincoln to the customer at the time the product(s) are given to the initial transportation carrier for delivery.



7. Returns.

Returns for items purchased through the Lincoln Electric Online Store must be initiated by the buyer within 30 calendar days after receiving the product. Returned items must be unused, in their original packaging and include all accessories and instruction manuals.


Prior to returning an item, You must obtain a Return Authorization number from Lincoln. Please contact us at 1-888-610-9206 to initiate a return. The Return Authorization number must be used on all correspondence and must be included on the return address label of the package when an item is returned. Items must be returned to Lincoln within fifteen (15) calendar days after the buyer receives the Return Authorization number.


Lincoln will issue credit for properly returned items accompanied by a Return Material Authorization number obtained from customer service. Upon receipt, Lincoln will inspect returned items. Upon inspection, if the returned item is found to be not in new condition, or if components of the item are missing, the amount of the credit will be adjusted accordingly. Lincoln will issue credit through the method of original payment, after the item has been received and inspected.


Item(s) shipped can be returned free of charge to Lincoln, without shipping costs, when returned to the store location where the item(s) was/were originally picked up. For items shipped to Your home address (or other customer-selected address), You are responsible for all shipping and related costs to return such item(s) to Lincoln. By selecting the “ship to home” option, You assume the responsibility and cost associated with returning item(s) to Lincoln, should it become necessary to initiate a return process.


ENGINE DRIVES: Engine drive machines must be in new and unused condition to be returned. The engine drive 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. If the engine drive was picked up at a distributor, it must be returned to the same distributor. If You wish to return an engine drive machine, please contact 1-888-610-9206 to initiate the return process.



8. No Separate Software License or Warranty.

In the event any software is included in a purchase made through the Lincoln Electric Online Store, such software shall be subject to, and governed exclusively by, the applicable license agreement which is included with the product(s). You shall be bound by the license agreement(s) once any of the following events occurs: the applicable software package is opened, its seal is broken, the software is installed or the clickwrap license agreement is agreed to, whichever of the foregoing is applicable and is earliest in time. Lincoln does not warrant any software through the Lincoln Electric Online Store or the terms of this Agreement.



9. Limited Warranty Coverage.

Lincoln offers a limited warranty on most of the products sold on the Lincoln Electric Online Store. Lincoln welding machines typically have a three-year product warranty which covers parts and labor. An extended warranty may be purchased to increase the warranty term by an additional two years.


Optional extended warranty coverage and cost information can be viewed at www.lincolnelectric.com > Support > Extended Warranty.


Note: Engines, battery components, and air compressors are warranted by the manufacturer of those products. Refer to the manufacturer’s warranties for such items, enclosed with Your order, for information about the extent of warranty coverage and how to obtain warranty service.


Other Lincoln welding products and accessories have different warranty terms.


The precise warranty terms, and limitations thereon, will vary by the product(s) purchased. It is best to check our warranty statement at www.lincolnelectric.com > Support > Extended Warranty > Standard Warranty for complete information.



10. LIMITATIONS ON WARRANTY COVERAGE.

THE LINCOLN ELECTRIC COMPANY WILL NOT ACCEPT RESPONSIBILITY OR LIABILITY FOR REPAIRS MADE OUTSIDE OF THE LINCOLN ELECTRIC COMPANY’S AUTHORIZED SERVICE FACILITIES.


THE LINCOLN ELECTRIC COMPANY’S LIABILITY UNDER THE TERMS OF ITS WARRANTY(IES) SHALL NOT EXCEED THE COST OF CORRECTING THE DEFECT OF THE LINCOLN ELECTRIC COMPANY’S PRODUCT.


THE LINCOLN ELECTRIC COMPANY WILL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOSS OF BUSINESS, ETC.) CAUSED BY THE DEFECT OR THE TIME INVOLVED TO CORRECT THE DEFECT.


THE WRITTEN WARRANTY(IES) PROVIDED IS THE ONLY EXPRESS WARRANTY PROVIDED BY THE LINCOLN ELECTRIC COMPANY WITH RESPECT TO ITS PRODUCTS. WARRANTIES IMPLIED BY LAW, SUCH AS THE WARRANTY OF MERCHANTABILITY, ARE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY FOR THE EQUIPMENT INVOLVED.


THIS WARRANTY GIVES THE PURCHASER SPECIFIC LEGAL RIGHTS. THE PURCHASER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.



11. LIMITATIONS ON LIABILITY FOR ONLINE PURCHASES.

BY PURCHASING THROUGH THE LINCOLN ELECTRIC ONLINE STORE, YOU EXPRESSLY AGREE TO THE FOLLOWING LIMITATION OF LIABILITY:


THE LINCOLN ELECTRIC COMPANY SHALL NOT BE LIABLE BEYOND THE REMEDIES EXPRESSLY SET FORTH IN THESE TERMS OF SALE AND THE STANDARD PRODUCT WARRANTY. THE LINCOLN ELECTRIC COMPANY’S MAXIMUM LIABILITY SHALL NOT EXCEED THE TOTAL PRICE PAID FOR THE PRODUCTS ORDERED BY YOU, THE CUSTOMER. IN NO EVENT SHALL THE LINCOLN ELECTRIC COMPANY BE LIABLE TO YOU, THE CUSTOMER, OR TO ANY THIRD PARTY, FOR ANY CLAIM BY A THIRD PARTY OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE LINCOLN ELECTRIC COMPANY SHALL NOT BE LIABLE FOR LOSS OF PRODUCT AVAILABILITY, LOSS OR CORRUPTION OF DATA, OR LOSS OF PROFITS OR BUSINESS, WHICH ARISE FROM YOUR USE OF THE LINCOLN ELECTRIC ONLINE STORE OR ATTEMPT OR COMPLETION OF PURCHASES THEREFROM.


SOME STATES DO NOT ALLOW LIMITATIONS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMIATIONS MAY NOT APPLY TO YOU.



12. Governing Law, Jurisdiction and Our Agreement to Arbitrate.

The validity, construction and performance of these Terms of Sale, and the sale and use of products purchased through the Lincoln Electric Online Store shall be governed by the laws of the state of Ohio, 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 this Agreement or the purchase of products on the Lincoln Electric Online Store.


We encourage You to contact our Customer Service Department at 1-888-610-9206 regarding any dissatisfaction you may have with this Website or any purchase You have made through this Website. You agree that venue and jurisdiction for all disputes will lie exclusively within Cuyahoga County, in the state of Ohio. You agree that any claim, dispute or controversy, whether in contract, tort, or otherwise, regardless of kind or nature, between Yourself and Lincoln, its agents, employees, directors and affiliates, arising out of or relating to Your use of the Lincoln Electric Onsite Store, any orders placed or transactions attempted or completed or products purchased through the Lincoln Electric Online Store, shall be resolved exclusively and finally by binding arbitration under the commercial rules of the American Arbitration Association then in effect before a single arbitrator knowledgeable in the field of internet contracts. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party will pay its own costs and attorneys’ fees, if any, provided that Lincoln will be responsible for paying any filing fees or other fees required to obtain a hearing for the arbitration to the extent that such fees exceed the amount of the filing fee which would be required to initiate a claim in the court of general jurisdiction in the state where You reside. The arbitrator may award reasonable attorney’s fees to the prevailing party for any statutory claim that would allow the prevailing party to receive an award of attorneys’ fees.



13. Export Control.

You acknowledge that the products and technical data, if any, which You purchase or receive 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, and other U.S. agencies, as well as the export control regulations of foreign countries. You acknowledge and agree that the products and technical data, if any, which You purchase or receive under these Terms of Sale shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries to 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, unless You have obtained the prior written authorization of Lincoln and the U.S. Commerce Department or the U.S. Office of Foreign Asset Control and any other relevant local governmental authority. Any diversion contrary to U.S. law is prohibited.


By purchasing items through the Lincoln Electric Online Store, 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 Lincoln 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, as modified by time to time, or to any national or resident thereof.


Lincoln makes no representation that any items for sale through the Lincoln Electric Online Store are appropriate for the use you may intend or available for use in other locations. You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of the United States and other countries.



14. No Assignment.

You may not assign any of Your rights or obligations under these Terms of Sale without the express written consent of Lincoln.



15. Privacy.

Refer to The Lincoln Electric Company privacy policy to see how we handle Your personal data that is gathered online. We have provided a privacy statement in order to demonstrate our firm commitment to the privacy of certain information provided by customers and potential customers who use the Lincoln Electric Online Store. The Lincoln Electric Company policy regarding information collection and dissemination practices for the Website may be reviewed at the following web page: http://store.lincolnelectric.com. By using this Website and/or purchasing products through the Lincoln Electric Online Store, You consent to all actions taken by us with respect to Your information as stated in the above policy.


This site contains links to other sites. Lincoln does not control, and is not responsible for, the operation of such linked websites, and refers you to the privacy practices stated on such linked websites.



16. No Construction Against Drafter.

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 agreement in the event of any inconsistency or ambiguity in such agreement shall not apply to these Terms of Sale.



17. Notices.

All notices, demands or other communications herein provided to be given or that may be given by any party to the other must be made in writing and in accordance with this Section.


Lincoln may give notice to You by means of an email to Your address on record in Lincoln’s account information, by written communication sent by first class mail or pre-paid post to Your address on record in Lincoln’s account information, or if the above means are not reasonably available, by a general notice on the main page of The Lincoln Electric Online Store. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting, or 12 hours after sending by e-mail.


Any notices to be or that may be given to Lincoln by You shall be deemed to have been given when received by Lincoln. You may give notice by delivery in person, by a letter sent by nationally recognized overnight delivery service or first class postage prepaid mail to Lincoln at the following address:



The Lincoln Electric Company
22801 St Clair Avenue
Cleveland, Ohio 44117
Attention: e-Commerce Customer Service



18. Entire Agreement.

These Terms of Sale, together with any sales invoice, order acknowledgement and Product warranty generated by Lincoln comprise the entire agreement (“Agreement”) applicable to the sale of products through the Lincoln Electric Online Store. No text or other information set forth on any document or website shall add to or vary the terms and conditions of these Terms of Sale, unless agreed to, in writing, by The Lincoln Electric Company. This Agreement, supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.



19. General Provisions.

If any provision of this Agreement 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. No joint venture, partnership, employment or agency relationship exists between You and The Lincoln Electric Company as a result of these Terms of Sale or use of the Lincoln Electric Online Store. The failure of The Lincoln Electric Company 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 Lincoln 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.