Shipping and Sales Tax
[Shipping and Sales Tax] [
Payment Methods] [Terms and Conditions]

Shipping

UPS/USPS/FedEx
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Custom Shipping
Calculate shipping as rate based on order total.
Order TotalShipping Cost
$0.01 - AND UP25.00%


Tax
Applicable taxes will be communicated following receipt of your order.

Payment Methods
[
Shipping and Sales Tax] [Payment Methods] [Terms and Conditions]
Payment methods accepted:
Credit Card

Credit Cards Accepted:
Master Card
VISA
American Express

Terms and Conditions
[
Shipping and Sales Tax] [Payment Methods] [Terms and Conditions]
1. General. Except as otherwise agreed in writing, Purchaser agrees that these terms and conditions apply to all quotations, orders, invoices and agreements with Welch Equipment Company, Inc. (“Seller”). If these terms and conditions are modified in any quotation, order, invoice or agreement prepared and signed by Seller, then such modified terms and conditions shall govern, and the remaining terms and conditions herein that are not modified shall apply. These terms and conditions shall control over any other form prepared by Purchaser. 2. Cancellation. Orders are not subject to cancellation except with the written consent of Seller, and in such cases where consent is given, the order shall be subject to cancellation charges which shall include all costs and expenses incurred by Seller and a reasonable profit. 3. Price. The prices set forth are based on Purchaser’s requirements as furnished to Seller and are F.O.B. point of origin. Any change in the requirements may necessitate price revision. 4. Taxes. The prices quoted do not include federal, state or local taxes imposed on this transaction, and any such taxes imposed shall be paid by Purchaser. 5. Terms of Payment. Except as set forth in the quotation for this order or otherwise agreed to by Seller in writing, terms of payment are net within thirty (30) days from date of shipment. A FINANCE CHARGE OF 1.5% PER MONTH WILL BE CHARGED FOR ANY INVOICE THAT IS NOT PAID WHEN DUE. 6. Security Interest. If the goods sold are delivered on any terms other than cash payment, upon Seller’s demand, Purchaser agrees to execute a Security Agreement and Uniform Commercial Code (“UCC”) Financing Statements as agent for Purchaser, and Purchaser hereby appoints Seller as its agent solely for such purpose. 7. Delivery. Delivery dates, if any, are approximate and are based upon prompt receipt of all necessary information from Purchaser. Seller shall not be liable for any delays, defaults or damages suffered by Purchaser because of acts of God, governmental action, governmental priorities, fires, floods, weather, strikes, labor troubles, freight embargoes, accidents, riots, war shortages of labor, fuel materials, or supplies, inadequate transportation facilities, or other causes beyond Seller’s control. Seller shall be given an additional reasonable time within which to perform if any such act delays performance. Seller shall not be liable for special, consequential or exemplary damages because of any delay or failure to make delivery. Seller also has the right to change the price when a shipment is delayed due to circumstances beyond Seller’s control or at the request of Purchaser. 8. Damage and Shipment. All deliveries shall be made F.O.B. point of origin, and all risk of loss shall pass to Purchaser upon delivery of the goods by Seller to the carrier, regardless of whether the freight is prepaid by Seller. Any freight or other delivery cost paid by Seller shall be added to the purchase price of the goods and may be billed separately to Purchaser. Purchaser’s sole recourse for damage to goods in transit shall be against the carrier. Seller is not responsible for insuring any goods. 9. Inspection. Purchaser shall inspect the goods immediately upon their arrival and shall, within ten (10) days of their arrival, give written notice to Seller of any claim that the goods are defective or nonconforming. If Purchaser fails to give such notice, the goods shall be deemed to be conforming and free from defects, and Purchaser shall be bound to accept and pay for the goods in accordance with the terms of the sales invoice. Purchaser expressly waives any rights Purchaser may have to revoke acceptance after such ten-day period. 10. Warranty. Seller makes no warranties as to goods or products manufactured by others. As to goods or products manufactured by others, Purchaser’s sole remedy shall be under the warranty, if any, made by the manufacturer. Subject to any other limitations set forth in writing by Seller, Seller warrants to the original Purchaser that all goods manufactured by Seller are free from defects in materials or workmanship for a period of one (1) year from date of shipment. Expendable and wear parts are not covered by this warranty. Any warranty shall be void upon transfer of the goods, accessories, or products of the goods by the original Purchaser. Seller’s obligation under this warranty is limited to replacing or repairing, at its option, any defective part without charge during the warranty period if Seller’s inspection confirms the existence of a defect for which Seller is responsible. Purchaser shall return all defective goods, at Purchaser’s expense, to Seller for repair or replacement. No goods will be accepted for return without prior written approval from Seller. If any defective goods are not returned to Seller, all labor, transportation and loading expenses incurred by Seller in connection with inspection, replacement or repair of defective parts for which Seller is responsible shall be paid by Purchaser. Seller’s obligation under this warranty is limited to the cost of replacement parts. This warranty shall not be extended beyond its original terms for any reason. Any warranty on repairs and replacements shall also expire on the same date as this warranty. Installation and operation of the goods in any manner other than that recommended in the Seller’s specifications or any other written instructions shall void this warranty. This warranty shall also be voided if Purchaser does not follow the recommended maintenance procedures. THE PURCHASER ASSUMES ALL RISK OF THE USE OF THE GOODS DELIVERED BY THE SELLER. PURCHASER SHALL HAVE NO REMEDY AGAINST THE SELLER FOR DELIVERY OF NONCONFORMING GOODS OTHER THAN TO REQUIRE REPLACEMENT. SELLER SHALL NOT BE LIABLE TO THE PURCHASER OR TO ANY PERSON WHO PURCHASES FROM THE PURCHASER OR USES ANY GOODS SUPPLIED BY THE SELLER FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF PRODUCTION OR LOSS OF PROFITS RESULTING FROM ANY CAUSE WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY DELAY, ACT, ERROR OR OMISSION OR SELLER. THE WARRANTIES SET FORTH ABOVE ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PURCHASER ACKNOWLEDGES THAT NO OTHER REPRESENTATIONS WERE MADE TO HIM OR RELIED UPON BY HIM WITH RESPECT TO THE QUALITY AND FUNCTION OF THE GOODS SUBJECT TO THIS AGREEMENT. Purchaser will indemnify and hold Seller and its officers and agents harmless from and against all loss, liability, cost, damage or expense incident to any claim, action or proceeding against Seller arising out of the installation, maintenance, use or operation of the goods sold to Purchaser by Seller. 11. Safety. Purchaser is solely responsible for the safe operation and use of all goods purchased hereunder, including compliance with all government standards (including, without limitation, Occupational Safety and Health Association regulations). Seller shall have no liability for any personal injury or other damage arising out of the use of any product manufactured or sold by Seller. 12. Goods Manufactured to Specification. As soon as possible after an order for non-standard goods is received by Seller, Seller shall submit layout drawings, if required, to Purchaser who shall check and verify them in writing with reasonable promptness. Seller shall thereafter execute the work in accordance with such drawings. For goods manufactured to Purchaser’s specifications, if Seller requests, Purchaser will promptly furnish sufficient work pieces to permit Seller to test the operation of the goods sold at Seller’s factory without any liability to Seller for damage or scrapped work pieces. Whenever required by Seller, Purchaser at its own expense shall promptly send a qualified representative to observe testing at Seller’s factory with authority to approve the results. Purchaser shall approve all special tooling, templates, computer tapes and other similar and necessary items for the tests. Purchaser shall pay all costs for shipments of materials and for any expendable items used in testing. If Purchaser fails to comply with the provisions of this paragraph, Seller shall not be liable to Purchaser for any defects in goods and sold pursuant to paragraph 10 above or otherwise. Goods manufactured by Seller to Purchaser’s specifications or job requirements will become the sole property of the Purchaser and will not be accepted for return. 13. Patent Indemnity. Purchaser shall indemnify and hold Seller harmless for any claim of patent infringement that arises out of Seller’s compliance with Purchaser’s specifications. In the event any product furnished by the Seller is claimed to infringe any United States patent issued at the time the order is accepted, and such infringement does not result from Purchaser’s specification, Seller agrees at its option: (1) to procure for Purchaser the right to use the product; (2) to modify or replace the product so as to avoid infringement; or (3) to accept redelivery of the product and reimburse Purchaser for the purchase price less 25 (25) percent per year from date of shipment and any transportation expenses incurred by Purchaser. Should any litigation be instituted against Purchaser based on a claim that any product in the condition received from Seller infringes any United States patent, Seller will undertake the defense thereof in Purchaser’s behalf and pay any damages and costs awarded therein against Purchaser provided Seller is given prompt written notice and is furnished with copies of all demands, processes and pleadings and Purchaser cooperates fully in giving Seller authority, information and assistance at Seller’s expense for such defense as well as control over the defense and any negotiations with regard to settlement. THE FOREGOING REPRESENTS SELLER’S ENTIRE AND EXCLUSIVE OBLIGATION WITH RESPECT TO ANY CHARGE OF PATENT INFRINGEMENT AND IS IN LIEU OF ANY STATUTORY WARRANTY RELATING TO INFRINGEMENT. SELLER SHALL HAVE NO RESPONSIBILITY INSOFAR AS ANY PRODUCT IS MODIFIED BY PURCHASER OR IS MADE OR MODIFIED BY SELLER IN ACCORDANCE WITH PURCHASER’S ORDER, AND PURCHASER SHALL INDEMNIFY SELLER IN ACCORDANCE WITH THE INDEMNITY ABOVE FOR ANY CLAIM THAT ARISES OUT OF SELLER’S COMPLIANCE WITH PURCHASER’S SPECIFICATIONS. SELLER SHALL ALSO HAVE NO RESPONSIBILITY WITH REGARD TO ANY SETTLEMENT, ADMISSION OR PROMISE MADE BY PURCHASER, NOR SHALL SELLER BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS CLAIMED TO HAVE BEEN SUSTAINED BY PURCHASER OR ANY USER OF THE PRODUCT ARISING OUT OF ANY CLAIM OF INFRINGEMENT. Seller is entitled to indemnity from certain of its suppliers and the rights and options vested in Seller shall extend to such suppliers and may be exercised by them. 14. Installation Services. When a sale specifically includes installation, Seller shall furnish all labor, tools, equipment and material to perform such installation work to the degree designated in the sale. Seller reserves the right to use subcontractors when necessary to perform any or all phases of the installation. Purchaser shall provide the Seller with an installation area free and clear of obstructions. Purchaser shall provide the Seller with electrical power on the installation site, water, lighting, heating, sanitary facilities, fire protection equipment and/or security watch, as may be required, at no expense to the Seller. Purchaser shall provide Seller with adequate unloading facilities and sufficient access to same to insure Seller’s efficient unloading procedure and with an adequate covered storage area. Seller shall be allowed reasonable extension of time to complete any installation work. Installation of machines and other equipment sold the Seller, unless otherwise specified, shall be at Purchaser’s expense, and the price paid by Purchaser shall be adjusted for any additional expenses incurred by Seller as a result of additional work. 15. Floors. Purchaser is responsible for the load bearing capacity of the floor or other surfaces upon which installation shall be constructed. Any costs incurred by Seller for drilling anchor holes as a result of interference or to shim the proposed installation due to an uneven floor surface shall be paid by Purchase. 16. Surveys, Permits, Licenses. Purchaser shall promptly furnish and pay for all necessary surveys, permits or licenses, bonds or security deposits required by any governmental authority for any installation work performed by the Seller. 17. Insurance. Purchaser shall maintain a policy of general liability insurance sufficient for protection against any claims that may arise from any installation work performed hereunder. 18. Operations of Purchaser. If Purchaser continues or commences to operate business on the installation site during the time that Purchaser is performing installation work hereunder, Purchaser does so strictly at its own risk, and Seller shall not be liable for damage to property or for bodily injury suffered by Purchaser, its employees or agents as a result. Purchaser shall indemnify Seller from any liability for such injury to any person or property. 19. Confidentiality. The proposal drawings and/or specifications of any quotation are confidential engineering data, and represent Seller’s investment in engineering skill and development and remain the property of Seller. In addition, the goods sold hereunder and information provided in connection therewith may embody confidential and proprietary information that constitutes a trade secret belonging to Seller. No information relating to the goods, drawings, specifications or to such ancillary information shall be disclosed by Purchaser to any third party or utilized by Purchaser to duplicate the goods or otherwise to compete with Seller. 20. Default. In Purchaser fails to comply with these terms in any respect, including failure to pay any sums when due, Seller shall have all rights and remedies available under the Colorado UCC in addition to other applicable law. 21. Arbitration. Any controversy or claim arising out of or relating to the agreement covered by these terms and conditions shall be settled exclusively in accordance with the rules of the American Arbitration Association. Any arbitration proceedings shall take place in Denver, Colorado. 22. Integration; Modification. These terms and conditions constitute the entire agreement between the parties and supersede all prior and contemporaneous agreements between the parties except for any quotation relating to this order. Any modification or waiver of these provisions will not be binding upon Seller unless set forth in writing and signed by an authorized representative of Seller at its home office. 23. Governing Law. This agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 24. Attorney Fees. In the event that Seller prevails in any legal dispute arising hereunder, Seller shall be entitled to recover its costs and reasonable attorney fees, in addition to any other judgment or award.