Family Owned and Operated Since 2021!
Cart 0
Family Owned and Operated Since 2021!
Cart 0

Terms of service

Terms and conditions

  1. ENTIRE CONTRACT:

THE TERMS ANO CONDITIONS SET FORTH BELOW AND ON THE CLIENT INTAKE FORM CONSTITUTE ALL OFTHE TERMS OF THIS AGREEMENT BETWEEN CLIENT AND ION Specialty Welding and Fabrication, LLC, a Texas limited liability company (“ION”). All orders are subject to the approval by ION. ION reserves the right of declining to accept any order for any reason and ION shall not in such event be liable for breach of non performance of contract in whole or in part. No course of prior dealings between the parties or usage in the trade shall be relevant to supplement or explain anv term used in this agreement. No waiver or alteration of terms herein shall be binding unless agreed to in writing and signed by both parties.

 

CLIENT ACKNOWLEDGES THAT THE GOODS REPRESENT A COMBINATION OF THE ION’S INTELLECTUAL PROPERTY, CONFIDENTIAL INFORMATION, TRADE SECRET, KNOW-HOW, PROPRIETARY INFORMATION, FORMULAE, COMPOSITIONS, PROCESSES, RESEARCH AND DEVELOPMENT INFORMATION, IMPROVEMENTS, ANY SIMILAR, CORRESPONDING OR EQUIVALENT RIGHTS TO ANY OF THE FOREGOING. 

 

  1. ACCEPTANCE:

Upon receipt, Client shall immediately inspect and test the goods or product delivered (the “Goods”). Unless Client provides ION with written notice describing with particularity any defects or the amount of any shortage claimed within five (5) calendar days after receipt, the Goods shall be deemed accepted bv Buver.

  1. TITLE AND RISK OF LOSS:

Title to Goods sold and risk of loss of such Goods shall pass to Buver upon delivery.

4 . WARRANTY:

ION WARRANTS THAT GOODS SUPPLIED BY ION IN ACCORDANCE WITH ION'S OR CLIENT'S SPECIFICATIONS WILL CONFORM TO SUCH SPECIFICATIONS AS OF THE DATE OF DELIVERY. IThe parties hereto expressly agree that Client’s sole and exclusive remedv against ION shall be for the replacement on non-conforming Goods. The exclusive remedy shall not be deemed to have failed of its essential purpose so long as ION is willing and able to replace non-conforming Goods. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE NOT EXPRESSLY SET FORTH HEREIN. No affirmation of ION by words or action, other than as set forth in this Section 4, including without limitation, any technical advice or information regarding the Goods whether given verballv, in writing, or as test results shall constitute a warranty either expressed or implied. The above warranty extends only to Client. Goods which mav be sold by ION but which are not manufactured by ION are not warranted by ION, but are sold only with the warranties, if any and to the extent permitted bylaw, of the manufacturers thereof. ION makes no warranty with respect to the compatability of anv packaging sold hereunder with the products or material to be held or transported in such packaging. Buver assumes sole responsibility with respect to the selection of packaging which is suitable and compatible to the material or product to be held or transported therein. Anv claim relating to the Goods sold hereunder shall be deemed waived bv the Buver unless submitted in writing to ION within the earlier of (i) ten (10) days following the date discovered or bv reasonable inspection should have discovered anv claimed breach of the forgoing warrantv, or, (ii) twelve (12) months following the date of shipment. Any cause of action for breach of the foregoing warranty shall be brought within within one (1) year from the date the alleged breach was discovered or should have been discovered. whichever occurs first.

  1. LIMITATION OF LIABILITY:

ION's liability for its Goods shall be limited to replacing Goods found by ION to not meet the specifications at the time of shipment, or at ION's option, to refunding the purchase price of such Goods.

  1. DISCLAIMER OF CONSEQUENTIAL DAMAGES:

IN NO EVENT SHALL ION BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. CLIENT SHALL

INDEMNIFY ION AGAINST ALL LIABILITY. COST OR EXPENSE WHICH MAY BE SUSTAINED BY ION ON ACCOUNT OF ANY SUCH LOSS. DAMAGE OR INJURY.

  1. General Rules:

No agent, salesperson or other party is authorized to bind ION by any agreement, warranty, promise or understanding not herein expressed. The sale of Goods hereunder shall be governed by the laws of the State of Texas, any notice which is required or permitted under the terms of this Agreement shall be in writing and delivered to the address of the party. Either party may change address by written notice.

The remedies herein reserved by the parties shall be cumulative and additional to any other or future remedies provided in law or at equity, In addition to the rights and remedies conferred upon ION bylaw, ION shall not be required to proceed with the performance of any order or contract if Client is in default in the performance of any other or contract with ION. No delay or omission by ION In exercising any right or remedy provided for herein shall constitute waiver of such right or remedy and shall not be constituted as a bar to or waiver of any such right or remedy on any future occasion. The waiver, illegality, invalidity or unenforceability of any provision appearing in this Agreement shall not affect the validity of the Agreement as a whole or the validity of any other provisions herein. These terms and conditions shall be binding upon ION and Client and shall insure to the benefit of their successors and assigns. Client may not assign or transfer any contract.