Terms of Servic
Last updated: October 2021
Section 1 – Using our ‘Build Your Own Machine’ Service
The named price is a basic estimation only and is not guaranteed. This form acts as an enquiry only; it is not a placed order, and is therefore subject to change. The actual cost may change after all elements of the order are discussed and finalised. The customer will be notified of any such changes in cost in advance.
If you accept the terms of this estimate, Warrior Welders will respond to your enquiry within 5 working days to discuss your enquiry. If you would like any additional items or services not covered in this estimate, these will incur additional charges.
Any changes requested by the customer to the items described in the estimate, e.g. quantities, additional items, etc. will lead to additional charges. Warrior Welders will inform you of the amount due and provide a detailed invoice prior to payment.
This is only an estimated enquiry not an order and, therefore, payment terms will be agreed between the customer and Warrior Welders as and when the estimation is agreed and a detailed invoice is provided.
Please read these Terms of Service carefully before sending your Build Your Own Machine enquiry to Warrior Welders. If you do not agree to all the terms and conditions of this agreement, then you may not access the Build Your Own Machine website feature.
Section 2 – General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
Section 3 – Modifications to the Services and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 4 – Products or Services (if applicable)
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
Our products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 5 – Third Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 6 – Cookies
Section 7 – Privacy Statement
Only authorised employees within the company who, in the course of their duties, can access and use information collected from individual customers.
We are constantly reviewing our systems and data to ensure the best possible service to our customers. Government authorities have created specific offences for unauthorised actions against computer systems and data. We will investigate such actions with a view to bringing legal action and/or civil action for damages against those responsible.
Section 8 – Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service, or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 9 – Prohibited Use
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 10 – Warranty Disclaimer
Warranty on Warrior MIG welders, TIG welders, Plasma Cutting machines is effective for one year, beginning on the date of purchase under the terms and conditions of this warranty. This will be extended to a Lifetime warranty providing the machine is serviced annually by Warrior Welders. Warranty on Bison generators is effective for one year, beginning on the date of purchase under the terms and conditions of this warranty. Extended Lifetime warranty is not available on Bison Generators. Warranty is limited to the cover of the major components listed by Warrior Welders and excludes the cost of replacement consumable items.
Warrior Welders warrants its customers that its products will be free of defects in workmanship or material. Should any failure to conform to this warranty appear within the time period applicable to the Warrior Welders products as stated below, Warrior Welders shall, upon notification thereof and substantiation that the product has been stored, installed, operated, and maintained in accordance with Warrior Welders’ specifications, instructions, recommendations and recognized standard industry practice, and not subject to misuse, repair, neglect, alteration, or accident, correct such defects by suitable repair or replacement, at Warrior Welders’ sole option, of any components or parts of the product determined by Warrior Welders’ to be defective.
Warrior Welders makes no other warranty, express or implied. This warranty is exclusive and in lieu of all others, including, but not limited to any warranty of merchantability or fitness for any particular purpose.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
Section 11 – Limitation of Liability
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Warrior Welders shall not, under any circumstances, be liable for special, indirect or consequential damages, such as, but not limited to, lost profits and business interruption. The remedies of the purchaser set forth herein are exclusive and the liability of Warrior Welders with respect to any contract, or anything done in connection therewith such as the performance or breach thereof, or from the manufacture, sale, delivery, resale, or use of any goods covered by or furnished by Warrior Welders whether arising out of contract, negligence, strict tort, or under any warranty, or otherwise, shall not, except as expressly provided herein, exceed the price of the goods upon which such liability is based. No employee, agent, or representative of Warrior Welders is authorized to change this warranty in any way or grant any other warranty.
Purchaser’s rights under this warranty are void if replacement parts or accessories are used which in Warrior Welders’ sole judgement may impair the safety or performance of any Warrior product.
Purchaser’s rights under this warranty are void if the product is sold to purchaser by non-authorized persons.
The warranty is effective from the date of purchase. If the purchaser has their machine serviced annually by Warrior Welders from the time of purchase, the purchaser will receive a lifetime warranty on that machine (excludes generators).
Section 12 – Indemnification
You agree to indemnify, defend and hold harmless Warrior Welders and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 13 – Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 14 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 15 – Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 16 – Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Country, excluding its conflicts of law rules. Your use of the Application may also be subject to local, state, national, or international laws.
Section 17 – Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 18 – Contact Information
If you have any questions about the Terms of Service, please email us at email@example.com.Bottom of FormTop of Form
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