Weld Weld West LLC – Master Terms of Service & Sales Agreement

BY COMPLETING A PURCHASE OR CLICKING THE CHECKBOX INDICATING YOUR AGREEMENT ON OUR WEBSITE, YOU (THE "CUSTOMER") AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT PROCEED WITH YOUR ORDER. THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND WELD WELD WEST LLC.

1. Governing Law, Jurisdiction & Venue

This Agreement and all transactions with Weld Weld West LLC shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws principles. The Customer agrees that any legal action, suit, or proceeding arising out of or relating to these terms, products, or services shall be instituted exclusively in the state or federal courts located in Pima County, Arizona. The Customer hereby irrevocably submits to the personal jurisdiction of such courts and waives any objection to venue, including any claim of inconvenient forum. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

2. No Professional Engineering Services

Design-Build Only: Weld Weld West LLC is a design-and-build fabrication shop offering custom welding, machining, CNC plasma cutting, and related services. We do not provide licensed Professional Engineering (PE) services, structural engineering consultations, certified technical plans, or any services requiring a professional engineering license.
Not an Engineering Firm: Nothing sold, discussed, or provided by Weld Weld West LLC shall be construed as professional engineering advice, endorsements, or the work of a licensed engineering firm. The owner holds an engineering degree but is not a registered Professional Engineer.
Customer Responsibility: If the Customer’s project requires PE stamps, structural calculations, regulatory safety certifications, compliance with building codes, or any professional engineering oversight, it is the Customer’s sole responsibility to hire a licensed Professional Engineer to review, modify, certify, and approve the designs, products, or services provided by Weld Weld West LLC prior to use or installation. Weld Weld West LLC assumes no liability for any failure to obtain such professional review.

3. Prototype Status, Assumption of Risk & Third-Party Products

Experimental Prototypes: All items, including custom fabrications, design-and-build projects, and any products sold, are provided strictly as experimental prototypes, for artistic/decorative use, or as-is resale items. This includes drop-shipped products, supplier-made products, and materials sourced from third parties.
No Warranty of Fitness or Compliance: Weld Weld West LLC makes no representation or warranty that any product complies with local building codes, vehicle safety standards, industrial regulations, OSHA requirements, environmental laws, or any other applicable standards. Products are not certified for structural integrity, load-bearing capacity, safety in use, or any specific application unless explicitly stated in writing.
Assumption of Risk: The Customer assumes all risks associated with the use, installation, modification, or integration of any product. To the maximum extent permitted by law, the Customer releases and holds Weld Weld West LLC, its members, affiliates, suppliers, and agents entirely free of any responsibility for loss, injury, death, property damage, or legal consequence arising from the use, misuse, or failure of its products.
Third-Party Products Disclaimer: For drop-shipped products, supplier-made items, and resale materials, Weld Weld West LLC acts solely as a reseller and makes no warranties regarding quality, performance, or defects. Any issues with such products must be addressed directly with the original supplier or manufacturer. Weld Weld West LLC disclaims all liability for third-party products, including delays, defects, or non-conformance.

4. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, ALL PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS." WELD WELD WEST LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY WELD WELD WEST LLC SHALL CREATE A WARRANTY.

5. Limitation of Liability

IN NO EVENT SHALL WELD WELD WEST LLC, ITS MEMBERS, AFFILIATES, SUPPLIERS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF WELD WELD WEST LLC FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY PRODUCT/SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.

6. Indemnification

The Customer agrees to indemnify, defend, and hold harmless Weld Weld West LLC, its members, affiliates, suppliers, agents, and employees from any third-party claims, damages, liabilities, and expenses (including reasonable attorney’s fees and court costs) arising from: (i) the Customer's use, installation, or modification of any product; (ii) any violation of this Agreement; (iii) any claim that Customer-provided specifications infringe third-party intellectual property; (iv) any negligence, willful misconduct, or breach of law by the Customer; or (v) any failure by the Customer to obtain necessary professional engineering review.

7. International Trade: Duties, Taxes & Customs (DDU)

Delivered Duty Unpaid (DDU): Weld Weld West LLC ships products on a DDU basis and does not collect or remit VAT, GST, tariffs, or customs duties.
Importer of Record: The Customer is the "Importer of Record" and is solely responsible for all import duties, taxes, customs clearance fees, and compliance with international trade laws.
Forfeiture: If a shipment is refused, abandoned, or seized due to unpaid fees or non-compliance, no refund will be issued. The Customer forfeits the goods and shipping costs.

8. Shipping & Delivery

Shipping times are estimates only. Risk of loss passes to the Customer upon handover to the carrier. Weld Weld West LLC is not liable for delays due to carriers, customs, or factors beyond our control.

9. Refund & Return Policy (All Sales Final)

Strict No-Return Policy: All sales are final. No returns, exchanges, or cancellations.
Defect Claims: Verified manufacturing defects (excluding normal wear, cosmetic imperfections, surface oxidation (rust) on raw steel which is a natural characteristic and not a defect, or issues arising from Customer specifications) must be reported to Support@WeldWeldWest.com within 7 calendar days of delivery, with detailed photos and proof of purchase. This 7-day window is a strict condition precedent to any claim. Weld Weld West LLC’s sole remedy, at its discretion, shall be repair, replacement, or a refund of the purchase price (excluding shipping).
Voiding of Claims: Any modification, welding, grinding, or coating of the product by the Customer immediately voids all claims.
No Chargebacks: Customer agrees not to initiate a credit card chargeback without first contacting Weld Weld West LLC to attempt a good-faith resolution. Any chargeback initiated in violation of this Agreement constitutes a material breach of contract, and Customer shall be responsible for all associated fees, costs, and attorney's fees incurred by Weld Weld West LLC to recover the funds.

10. Digital Products & Intellectual Property

Final Sale: Digital downloads and CAD files are non-refundable once delivered or accessed.
License: Purchase grants a limited, non-exclusive license for personal or single-project use only. Unauthorized distribution or commercial resale of digital files is strictly prohibited. All IP rights remain with Weld Weld West LLC.
Infringement: The Customer represents that any designs, specifications, or materials provided to Weld Weld West LLC do not infringe third-party rights. The Customer indemnifies Weld Weld West LLC for any such claims.

11. Force Majeure

Weld Weld West LLC shall not be liable for any delay or failure to perform due to acts of God, war, terrorism, strikes, supply shortages, pandemics, or governmental actions.

12. Entire Agreement, Severability & Attorney's Fees

This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, whether oral or written. No modifications shall be effective unless in writing and signed by an authorized representative of Weld Weld West LLC. If any provision is held invalid by a court in Pima County, AZ, the remaining provisions remain in full force and effect. In any action to enforce this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs.

13. Age and Capacity

By agreeing to these terms, the Customer represents that they are at least 18 years of age and have the legal capacity to enter into this binding Agreement.

14. Electronic Acceptance

Clicking the checkbox or completing a purchase constitutes electronic acceptance of this Agreement under the Arizona Uniform Electronic Transactions Act.