TERMS OF SALE
By placing an order, you are agreeing that the following terms and conditions apply to all purchases that you make through the Hobart’s Online Store – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF SALE BEFORE YOU PLACE YOUR ORDER:
BINDING AGREEMENT - Hobart is herein referred to as “Hobart”, and the customer purchasing products (“Products”) or services (“Services”) from Hobart is referred to as “Purchaser.” These terms and conditions of sale (“Terms”), any Hobart quotation, acknowledgment or invoice and all documents incorporated by specific reference herein or therein (“Hobart Documents” and together with these Terms, the “Agreement”), constitute the complete terms governing the sale of Products and Services. HOBART HEREBY REJECTS ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS PROPOSED BY PURCHASER, WHETHER OR NOT CONTAINED IN ANY OF PURCHASER’S BUSINESS FORMS OR IN PURCHASER’S WEBSITE, AND SUCH ADDITIONAL OR DIFFERENT TERMS WILL BE OF NO EFFECT. When submitting an order, you agree to all of the terms and conditions of this Agreement by clicking on the “Submit Order” or “Checkout” button. Additional or different terms applicable to a particular sale may be specified in the body of an Hobart Document, and, in the event of a conflict, will take precedence over these Terms.
SHIPPING. All products will be subject to a flat fee rate and shipping charges are not included in the price. Delivery dates are estimates only. As the delivery of an order is beyond Hobart’s control once the order leaves Hobart facilities, Hobart is not liable for late deliveries, regardless of the method specified by the Purchaser. Risk of loss and title to the products is transferred to the Purchaser upon Hobart’s delivery to the common carrier. Assistance with filing or settlement of any claims with the carrier is available through Hobart E-Commerce Customer Service. The Purchaser must notify Hobart within 10 calendar days of receipt of the shipment of the purchased if the order is inaccurate.
TAXES. The Purchaser is responsible for all applicable taxes (federal, state or local) based on the shipping address. The Hobart store currently does not process tax exempt purchases.
PAYMENT METHODS. Hobart only accepts American Express, Discover, MasterCard and Visa credit cards associated with a billing address within the United States.
INTERNATIONAL ORDERS. Hobart will not accept orders or shipments to locations outside of the United States.
PRICING AND CONTENT. All prices are listed in US dollars. Although Hobart strives to provide accurate information, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price, Hobart shall have the right, at Hobart’s sole discretion, to refuse or cancel any orders placed for any item. All products and prices are subject to change by Hobart without notice and errors may be corrected at any time. At Hobart, we do our best to provide customers with value and competitive pricing on the Web Site, however, Hobart’s online selling price may differ from the price at authorized retail stores.
QUANTITY LIMITS. Hobart reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. Hobart will provide notification to the Purchaser should such limits be applied. Hobart also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers.
RETURNS. The Purchaser has up to 10 calendar days from receipt of the product purchased on the Web Site to return the product. If the Purchaser sends the item back to Hobart in the same condition as it was provided to the Purchaser, unused in the original packaging and follows the returns procedures described below, Hobart may offer a full refund on the original method of payment. Purchaser shall be responsible for all related shipping and handling charges.
Prior to returning any product, the Purchaser must request a Return Goods Authorization (RGA) number from Hobart. The RGA number must be used with all correspondence and posted on the address label of the package in which the product is returned. The product must be returned to Hobart within 15 calendar days of the issuance of the RGA. All items must be put in the original packaging including any accessories or manuals that shipped with the product. The Purchaser will be responsible for shipping the items back to Hobart, including any shipping fees. Hobart will issue a refund after the product has been received and inspected. If the product is not in new condition or if items are missing, the refund will be reduced accordingly. Hobart E-Commerce Customer Service can be reached at 1-800-626-9420 or via email at email@example.com.
RECONDITIONED EQUIPMENT RETURNS. The Purchaser has up to 10 calendar days from receipt of the product purchased on the Web Site to return the product. If the Purchaser sends the item back to Hobart in the same condition as it was provided to the Purchaser, unopened and unused in the original packaging and follows the returns procedures described below, Hobart may issue a refund for the original amount of purchase, less a 20% restocking fee on the original method of payment. If product has been used, a 50% restocking fee will apply. Purchaser shall be responsible for all related shipping and handling charges.
Prior to returning any product, the Purchaser must request a Return Goods Authorization (RGA) number from Hobart. The RGA number must be used with all correspondence and posted on the address label of the package in which the product is returned. The product must be returned to Hobart within 15 calendar days of the issuance of the RGA. All items must be put in the original packaging including any accessories or manuals that shipped with the product. The Purchaser will be responsible for shipping all such items back to Hobart, including any shipping fees. Hobart will issue a refund after the product has been received and inspected. If the product is not in the same condition as it was provided or if items are missing, the refund will be reduced accordingly. Hobart E-Commerce Customer Service can be reached at 1-800-626-9420 or via email firstname.lastname@example.org.
WARRANTY. Except as otherwise indicated in the Hobart warranty policy which is posted at www.hobartwelders.com or in separate Hobart documents, all products will be warranted for a period of time not to exceed six months from the delivery date of the products.
RECONDITIONED EQUIPMENT WARRANTY. Except as otherwise indicated in a separate Hobart documents, all reconditioned products will be warranted for two years, parts and labor. For engine driven reconditioned products, the engine will be warranted under the Hobart factory warranty of 1 year or for the remainder of engine manufacturer warranty, whichever is longer. Warranty for motorized guns will be 90 days, parts and labor, from date of purchase. The detailed Reconditioned Equipment Warranty may be found at http://www.hobartwelders.com/about/reconditioned.php.
DISCLAIMER; LIMITATION OF LIABILITY. EXCEPT AS SET FORTH HEREIN, HOBART MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING NO WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE), WITH RESPECT TO THE PRODUCTS (OR SERVICES). THESE WARRANTIES DO NOT APPLY IF THE PRODUCTS ARE USED WITH TOOLS OR MATERIALS WHICH DO NOT MEET HOBART’S DESIGN SPECIFICATIONS, IF THE PRODUCTS ARE ALTERED, MISUSED OR ABUSED, OR IF THE USER FAILS TO FOLLOW OPERATING INSTRUCTIONS OR OTHERWISE. HOBART SHALL NOT BE LIABLE FOR FAILURE OR DAMAGE WHICH ARISE OUT OF ERRORS IN SPECIFICATIONS OR ANY MATERIALS PROVIDED BY BUYER OR FROM THIRD PARTIES.
HOBART SHALL IN NO EVENT BE LIABLE FOR ANY OTHER DIRECT OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND UNDER THIS AGREEMENT OR OTHERWISE. Hobart’s warranties do not cover, and Hobart makes no warranty with respect to any defect, failure, deficiency, or error which is: (a) not timely reported toHobart; or (b) due to misapplication, modification, disassembly, abnormal conditions of temperature, dirt or corrosive matter; or (c) due to operation, either intentional or otherwise, above rated capacities or in an otherwise improper manner. Hobart assumes no responsibility for the quality or performance of any third party products, parts or materials used with Hobart’s products or services or otherwise provided to the Purchaser.
SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER HOBART NOR ANYONE ASSOCIATED WITHHOBART WARRANTS OR REPRESENTS THAT HOBART’S WEB SITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THE WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT HOBART’S WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT HOBART’S WEB SITE, PRODUCTS, PARTS OR SERVICES WILL OTHERWISE MEET THE BUYER’S NEEDS OR EXPECTATIONS.
Product Use. Purchaser is solely responsible for determining if Products are fit for a particular purpose and suitable for Purchaser’s method of application. Accordingly, and due to the nature and manner of use of Hobart’s Products, Hobart is not responsible for the results or consequences of use, misuse or application of its Products. All physical properties, statements and recommendations are either based on the tests or experience that Hobart believes to be reliable, but they are not guaranteed.
Ownership of Intellectual Property. All drawings, know-how, designs, specifications, inventions, devices, developments, processes, copyrights and other information or intellectual property disclosed or otherwise provided to Purchaser by Hobart and all rights therein (collectively, “Intellectual Property”) will remain the property of Hobart and will be kept confidential by Purchaser in accordance with these Terms. Purchaser has no claim to, nor ownership interest in, any Intellectual Property, and such information, in whatever form and any copies thereof, shall be promptly returned to Hobart upon request from Hobart. Purchaser acknowledges that no license or rights of any sort are granted to Purchaser hereunder in respect of any Intellectual Property, other than the limited right to use Hobart’s Products or receive the Services purchased from Hobart.
If any part of this Agreement is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties and the other provisions of this Agreement shall remain in full force and effect.
Any dates or times by which Hobart is required to perform under this Agreement shall be postponed automatically to the extent that Hobart is prevented from meeting them by causes beyond its reasonable control. Hobart’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not constitute a waiver of the provision. Neither a course of dealing or conduct between the Purchaser and Hobart nor any trade practices shall be deemed to modify this Agreement.