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Weld MFG TERMS AND CONDITIONS

The goods, services or work (referred to as the “Products”) offered by Weld MFG, its subsidiaries, groups, divisions, and authorized distributors (“Seller”) are offered for sale at prices indicated in the offer, or as may be established by Seller. The offer to sell the Products and acceptance of Seller’s offer by any customer (“Buyer”) is contingent upon, and will be governed by all of the terms and conditions contained in this Offer of Sale. Buyer’s order for any Products specified in Buyer’s purchase document or Seller’s offer, proposal or quote (“Quote”) attached to the purchase order, when communicated to Seller verbally, or in writing, shall constitute acceptance of this offer.

 

RETAIL

It is uncommon that we incorrectly list prices for our products but we do reserve the right to refuse to sell the product for the erroneous price.

The receipt automatically generated for you post-order confirms purchase intent but does not constitute a contract. We may cancel an order at any time we see fit due to but not limited to: insufficient stock, suspicion of fraud, and improperly listed prices. Welf Mfg has the right to do so whether or not your credit card has been charged. Please note that in the case we do cancel your order, we will issue a refund if your credit card had been charged.

Weld Mfg will exchange or provide full refunds on all non-clearance / non-custom received within 15 days of your package's dispatch from our facilities. Both exchange and return items must appear unworn and unwashed in order to be processed for a refund. If the returned or exchanged product is found to have been used by our inspections department, no refund will be offered. The item can be sent back to you at your expense or destroyed at our warehouse. All returns and exchanged are at shipped at the expense of the customer as we do not offer 'return labels'.

We ship worldwide during the business week (Monday - Friday) using the USPS. 

If you receive a defective product, we must be notified within the first three days of receiving the product to be eligible for a return.

Custom chainstitch hats are not eligible for refunds. Like a tattoo, chainstitching by nature is 'folksy' as there's a human component since the art is done by hand and aided by machine. Purchases are made understanding this. We are not responsible for spelling errors made by customer.

Once your package has been picked up at our facility and it has been scanned by United States Postal Service, we assume no responsibility of delivery. All inquiries of delivery should be taken up with them. The "2-Day" or "3-Day" that appears next to "Priority Shipping" refers to transit once the United States Postal Service receives your package. This transit time could be potentially be delayed based on weather, holidays, and weekends.

Any packages marked "delivered" on tracking but deemed not received by customer cannot be refunded. After investigation of local and national delivery resources, a replacement may be issued. The replacement would not be eligible for a refund, only an exchange, with the same exchange terms as noted above.

 

WHOLESALE

Buyer is responsible for inspecting the merchandise upon receipt. Buyer shall notify Seller in writing within three days of Buyer's receipt of the merchandise of any claims for damages resulting from delivery or any defect in the merchandise discovered by Buyer, including, without limitation, claims related to shortages, quality, etc.

Seller shall not be liable for any work performed by any third party vendor referred by Seller and hereby waives any right to assert any claim against Seller for work performed by any other third party or vendor.

Weld Mfg reserves the right, at its sole discretion, to change or discontinue styles, colors, sizes or fabrics.  All orders are subject to availability.

Authorized returns and exchanges must be shipped within 30 days after Customer's receipt of merchandise. Buyer will be responsible for all freight and shipping charges on items returned that are not the result of Seller's error. Weld Mfg is not responsible for lost shipments on items being returned.  Returns will not be accepted on merchandise that has been altered / decorated, laundered or modified. Any and all accepted returns will be subject to a 30% restocking fee.

 

FULL CUSTOM WORK

Price; Payment. Prices stated on Seller’s Quote are valid for thirty (30) days, except as explicitly otherwise stated therein, and do not include any sales, use, or other taxes or duties unless specifically stated. Payment is subject to credit approval and a down payment of 50% of the invoice is required before production and sampling is initiated. The remaining 50% of the balance will be due upon the products completion.

Shipment; Delivery; Title and Risk of Loss. All delivery dates are approximate. Seller is not responsible for damages resulting from any delay. Regardless of the manner of shipment, delivery occurs and title and risk of loss or damage pass to Buyer, upon placement of the Products with the shipment carrier at Seller's facility. Unless otherwise stated, Seller may exercise its judgment in choosing the carrier and means of delivery. No deferment of shipment at Buyers' request beyond the respective dates indicated will be made except on terms that will indemnify, defend and hold Seller harmless against all loss and additional expense. Buyer shall be responsible for any additional shipping charges incurred by Seller due to Buyer’s acts or omissions.

Claims; Commencement of Actions. Buyer shall promptly inspect all Products upon receipt. No claims for shortages will be allowed unless reported to the Seller within ten (10) days of delivery. No other claims against Seller will be allowed unless asserted in writing within thirty (30) days after delivery. Buyer shall notify Seller of any alleged breach of warranty within thirty (30) days after the date the defect is or should have been discovered by Buyer. Any claim or action against Seller based upon breach of contract or any other theory, including tort, negligence, or otherwise must be commenced within twelve (12) months from the date of the alleged breach or other alleged event, without regard to the date of discovery.

LIMITATION OF LIABILITY. IN THE EVENT OF A BREACH OF WARRANTY, SELLER WILL, AT ITS OPTION, REPAIR OR REPLACE A DEFECTIVE PRODUCT, OR REFUND THE PURCHASE PRICE WITHIN A REASONABLE PERIOD OF TIME. IN NO EVENT IS SELLER LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR AS THE RESULT OF, THE SALE, DELIVERY, NON-DELIVERY, SERVICING, USE OR LOSS OF USE OF THE PRODUCTS OR ANY PART THEREOF, OR FOR ANY CHARGES OR EXPENSES OF ANY NATURE INCURRED WITHOUT SELLER'S WRITTEN CONSENT, WHETHER BASED IN CONTRACT, TORT OR OTHER LEGAL THEORY. IN NO EVENT SHALL SELLER'S LIABILITY UNDER ANY CLAIM MADE BY BUYER EXCEED THE PURCHASE PRICE OF THE PRODUCTS.

Buyer's Obligation; Rights of Seller. To secure payment of all sums due or otherwise, Seller retains a security interest in all Products delivered to Buyer and this agreement is deemed to be a Security Agreement under the Uniform Commercial Code. Buyer authorizes Seller as its attorney to execute and file on Buyer's behalf all documents Seller deems necessary to perfect its security interest.

Improper Use and Indemnity. Buyer shall indemnify, defend, and hold Seller harmless from any losses, claims, liabilities, damages, lawsuits, judgments and costs (including attorney fees and defense costs), whether for personal injury, property damage, patent, trademark or copyright infringement or any other claim, brought by or incurred by Buyer, Buyer’s employees, or any other person, arising out of: (a) improper selection, application, design, specification or other misuse of Products purchased by Buyer from Seller; (b) any act or omission, negligent or otherwise, of Buyer; (c) Seller’s use of patterns, plans, drawings, or specifications furnished by Buyer to manufacture Products; or (d) Buyer’s failure to comply with these terms and conditions. Seller shall not indemnify Buyer under any circumstance except as otherwise provided.

Cancellations and Changes. Buyer may not cancel or modify or cancel any order for any reason, except with Seller's written consent and upon terms that will indemnify, defend and hold Seller harmless against all direct, incidental and consequential loss or damage. Once the sample is approved for production, the design and materials can not be modified.

Force Majeure. Seller does not assume the risk and is not liable for delay or failure to perform any of Seller’s obligations by reason of events or circumstances beyond its reasonable control (hereinafter “Events of Force Majeure”). Events of Force Majeure shall include without limitation: accidents, strikes or labor disputes, acts of any government or government agency, acts of nature, delays or failures in delivery from carriers or suppliers, shortages of materials, or any other cause beyond Seller’s reasonable control.

Waiver and Severability. Failure to enforce any provision of this agreement will not invalidate that provision; nor will any such failure prejudice Seller’s right to enforce that provision in the future. Invalidation of any provision of this agreement by legislation or other rule of law shall not invalidate any other provision herein. The remaining provisions of this agreement will remain in full force and effect.

Termination. Seller may terminate this agreement for any reason and at any time by giving Buyer thirty (30) days prior written notice. Seller may immediately terminate this agreement, in writing, if Buyer: (a) breaches any provision of this agreement (b) appoints a trustee, receiver or custodian for all or any part of Buyer’s property (c) files a petition for relief in bankruptcy on its own behalf, or one if filed by a third party (d) makes an assignment for the benefit of creditors; or (e) dissolves its business or liquidates all or a majority of its assets.

Governing Law. This agreement and the sale and delivery of all Products are deemed to have taken place in, and shall be governed and construed in accordance with, the laws of the State of Ohio, as applicable to contracts executed and wholly performed therein and without regard to conflicts of laws principles. Buyer irrevocably agrees and consents to the exclusive jurisdiction and venue of the courts of Cuyahoga County, Ohio with respect to any dispute, controversy or claim arising out of or relating to this agreement.

Indemnity for Infringement of Intellectual Property Rights. Seller is not liable for infringement of any patents, trademarks, copyrights, trade dress, trade secrets or similar rights except as provided in this Section. Seller will defend and indemnify Buyer against allegations of infringement of U.S. patents, U.S. trademarks, copyrights, trade dress and trade secrets (“Intellectual Property Rights”). Seller will defend at its expense and will pay the cost of any settlement or damages awarded in an action brought against Buyer based on an allegation that a Product sold pursuant to this agreement infringes the Intellectual Property Rights of a third party. Seller's obligation to defend and indemnify Buyer is contingent on Buyer notifying Seller within ten (10) days after Buyer becomes aware of such allegations of infringement, and Seller having sole control over the defense of any allegations or actions including all negotiations for settlement or compromise. If a Product is subject to a claim that it infringes the Intellectual Property Rights of a third party, Seller may, at its sole expense and option, procure for Buyer the right to continue using the Product, replace or modify the Product so as to make it noninfringing, or offer to accept return of the Product and refund the purchase price less a reasonable allowance for depreciation. Notwithstanding the foregoing, Seller is not liable for claims of infringement based on information provided by Buyer, or directed to Products delivered hereunder for which the designs are specified in whole or part by Buyer, or infringements resulting from the modification, combination or use in a system of any Product sold hereunder. The foregoing provisions of this Section constitute Seller's sole and exclusive liability and Buyer's sole and exclusive remedy for infringement of Intellectual Property Rights.

Entire Agreement. This agreement contains the entire agreement between the Buyer and Seller and constitutes the final, complete and exclusive expression of the terms of sale. All prior or contemporaneous written or oral agreements or negotiations with respect to the subject matter are herein merged. The terms contained herein may not be modified unless in writing and signed by an authorized representative of Seller.

Any purchase made on Weldmfg.co constitutes an expressed agreement with these terms & conditions.