Machines and Consumables Terms and Conditions of Sale


ARC WELDING PRODUCTSTERMS AND CONDITIONS OF SALE

General

These terms and conditions supersede all previous terms and conditions.

PRICES

Prices are based upon net 30 days payment terms with pre-approved credit in place, no cash discounts allowed. Lincoln Electric Company of Canada, hereinafter called the "Seller" or "Lincoln", may change this method of payment at its sole discretion without notice. The Seller also reserves the right to change prices as well as terms and conditions of sale at any time without notice. Prices for all items except consumables will be those in effect at the time the order is entered at the Seller's Factory Office or at a Lincoln Sales office. Prices for Consumables will be those in effect at time of shipment. Prices for orders with "buyer-specified" ship dates calling for shipment beyond 30 days from the order entry date will be those in effect at the time of shipment. All orders are subject to final acceptance at the Seller's Factory Office.

 

Prices do not include taxes and all prices are subject to the addition of any tax which the Seller at any time is required by law to pay or collect by reason of the sale, purchase, rental, loan or use of the products.

 

Seller reserves the right to bill late payment charges of 1.5% per month on Buyer's past due invoices as well as to revoke or change credit terms on future orders.

 

Consumables: All prices are based on Zone 1 pricing. An additional $0.05 CDN per pound or $0.11 CDN per kilogram must be added for Zone 2 pricing. Please see Delineation of Zones on page PP1.07-CAN.

 

Prices include domestic packing and packaging per the Seller's standard practice. For export boxing/crating contact Export Sales Department

 

Minimum order amount for equipment, consumables, Magnum, and robotic products is $50.00 CDN. Minimum order amount for KP-numbered items and all replacement parts is $25.00 CDN.

 

TRANSFER OF TITLE (Domestic & Export)

 

Title of the goods transfers from Seller to Buyer when the goods are tendered to the first transportation carrier at any Lincoln facility.

 

SHIPPING AND DELIVERY(Domestic Only) (See Export Section for Shipments outside of Canada Page 19)

 

All shipments to Canadian domestic locations are made FOB Origin Freight Prepaid and Charged to Buyer subject to noted exceptions. Risk of Loss will pass from Seller to Buyer when the goods are tendered to the first transportation carrier at any Lincoln facility.

 

Responsibility for freight charges will be determined by the net value of the Buyer's order. New welders, consumables, manual welding supplies, replacement parts, optional features, standard accessory sets, undercarriages and attachments may be combined on one Buyer purchase order.


Shipments will be made from one of the Seller's facilities at the Seller's discretion. Expense of shipments will be as follows:

 

Shipping and handling charges will be prepaid and allowed by the Seller on any order with a net value of $4,000 CDN or more for any combination of the Seller's products, providing shipment is arranged through the Seller's preferred carriers. Shipping and handling will be charged to the Buyer on any order with a net value of less than $4,000 CDN.

The following events or actions are exceptions to the terms under Shipping and Delivery (Canada Domestic):

 

•  See page PP1.05-CAN for Service Parts Business Terms and Conditions covering shipment of replacement parts, KP items and Magnum guns.

 

•  Shipping and handling charges will be prepaid and allowed by Lincoln regardless of net value on all KP-numbered items.

 

•  Shipping and handling charges will be prepaid and added at Buyer's invoice regardless of net value on all items supplied by our "Automation Solutions".

 

•  Minimum Billing applies as previously detailed.

 

•  Shipping points outside Canada. (See Export Section Page 19)

 

•  Buyer will be charged for shipping and handling expenses on the purchase of all used or discontinued equipment regardless of order net value. For warranty repairs refer to STATEMENT OF LIMITED WARRANTY section.

 

 

Shipments AT SELLER'S EXPENSE Handled as Follows:

 

1.  Transportation will be prepaid and charged to Buyer's door within Canada, Zones 1 and 2, Buyer will be billed for shipping and handling costs based on net order value limitations as noted under Shipping and Delivery. All other shipments will be freight prepaid to a transport terminal at a named point. The Seller is permitted to select the origin point, method, and route of shipment, and service provider. If the Buyer specifies the origin point, method, route of shipment, and service provider, any additional expense incurred will be charged to the Buyer's account.

 

2.  All additional charges for other than transportation, such as insurance, storage, carrier notification to consignee, special equipment/handling at delivery, or C.O.D. Fees will be at the Buyer's expense.

 

3.   No allowance will be made in lieu of freight or cartage if the Buyer accepts shipment at the factory or warehouse, and no allowance will be made for transportation of any kind by Buyer's truck.

 

4.  For export shipments, refer to ARC WELDING PRODUCTS Export Section Page 19.


CANCELLATION OF ORDERS

 

Made To Stock (Standard Products)

Orders for standard items that are currently stocked by Lincoln are cancellable without charge provided the Buyer cancels the order prior to the delivery of the goods to the carrier.

 

Made-To-Order (MTO) products and Specials

Orders for made-to-order and special items designed or manufactured at the Buyer's request are NON-CANCELLABLE. Lincoln reserves the right to accept or reject any MTO or Specials at its sole discretion.

 

MADE-TO-ORDER (MTO) CONSUMABLES

"Made-to-Order" Consumables products are manufactured to individual Buyer's orders and are Consumable products not currently stock by Lincoln. Order quantities shall be shipped and invoiced with up to a 10% manufacturing over-run.

 

ORDERS FOR "MADE-TO-ORDER" CONSUMABLES PRODUCTS ARE NON-CANCELLABLE.

 

Minimum Order Quantities - Order quantities less than the specified minimum order quantity (see chart) will be treated as a Special Order and must be processed through the Specials Department for pricing.

 

ProductStickCored Wire   Solid Wire   Flux
Minimum Order Qty.1 Pallet1 Pallet        1 Pallet       1 Pallet

 

Normal delivery is within 3 weeks for "Made-to-Order" products. If expedited delivery is required, a $2,120 CDN net setup charge will be applied to the order.

 

"Made-To-Order" product(s), Special Order Product(s) and Standard Product(s) may be combined for shipping and handling prepayment. Standard Terms and Conditions of Sale as well as Standard Discounts and Warranties apply.

 

"Made-To-Order" products do NOT include special testing. If testing is required, the order must be processed as a Special Order through the Specials Department.

 

Consumables - Special Orders

A Consumables Special Order is when the Buyer wants or needs to change an attribute of a standard product. Typical changes include testing, lot control, package weight, type of package, pallet weight, alternate packaging materials, special labeling or markings on the package, etc. Standard Price Book prices do not apply. Pricing must be requested through the Special Order bid process. If expedited delivery is required, a $2,120 CDN net setup charge will be applied to the order.

 

Typical minimum order quantity for a Consumable Special Order is between one pallet and 5,000 pounds. Pricing is determined by the Specials Department. Special orders are non-cancellable.

 

EQUIPMENT

Made-To-Order and special Welding Equipment products are non-stock and manufactured to individual customer orders. Made- To-Order non-stock products carry an extended delivery time. Contact the Order Department for specific delivery information.

MADE-TO-ORDER WELDING EQUIPMENT PRODUCT ORDERS ARE NON-CANCELLABLE.

 

Made-To-Order Welding Equipment products and standard product may be combined for shipping and handling costs. Standard Terms and Conditions of Sale as well as Standard Discounts and Warranties apply.

 

 

CERTIFIED TESTED STOCK CONSUMABLES

Specification and text parameters are indicated on each certified tested stock price page. CERTIFIED TESTED STOCK ORDERS ARE NON-CANCELLABLE.

 

Certified Tested Stock products and standard products may be combined for shipping and handling prepayment. Standard dis- counts and policy pages apply. Shipment will be scheduled for release within 7 working days. Contact your local Lincoln District office for details.

 

 

RETURN OF UNUSED MATERIAL

The Seller may at its sole and absolute discretion accept unused material for return from the Buyer. Unused material will be con- sidered for return for credit only under the following conditions and provided that the Seller will always have and retain the right to accept or reject the proposed return of any material.

 

Conditions of Return

The material must be unused and undamaged. Software and printed circuit boards must be unopened.

 

Exception: All sales on 3600 RPM air-cooled engine-driven welders are final. See Warranty section for warranty returns.

 

The material must be standard price book material and normally kept in Lincoln's stock. The quantity of material being returned may not exceed Lincoln's three month average sales for that material without approval by Lincoln's Service Manager. Special Orders and Made-To-Order item sales are final and non-returnable.

 

Material cannot be returned after more than one year from date of shipment. Products that are discontinued cannot be returned. Replacement Parts cannot be returned after more than 6 months from the original date of shipment.

 

Approval for Return - Machines and K-items

Material returned within one month from date of shipment: Prior to returning material, the Buyer must obtain approval and a Return Material Authorization form from the Lincoln Customer Service Department.

 

Material returned later than one month but less than one year from date of shipment:


Prior to returning material, the Buyer must obtain approval and a Return Material Authorization (RMA) from the Lincoln Customer Service Department.

 

Restocking Charges

Material returned within one month from date of shipment to the Buyer: Buyer will pay return transportation charges. NOTE: No Software may be returned after 30 days.

 

Material returned later than one month from date of shipment to the Buyer: Buyer will pay all return transportation charges plus the greater of the restocking charges as follows.

 

Machines, K-Items, Electrodes, Flux, Supplies and Parts: 18% of Current Published Net Price or $62.50 (CDN) minimum Charge. SEE PP1.05-CAN FOR REPLACEMENT PARTS APPROVAL FOR RETURN

LIMITED WARRANTY

Current warranty available at www.lincolnelectric.com/warranty STATEMENT OF LIMITED LIABILITY

Lincoln Electric Company of Canada, (Lincoln) warrants to the end user (purchaser) of all new welding and cutting equipment, electrode and flux (collectively called the "Goods") that it will be free of defects in workmanship and material. This warranty is void if the equipment has been subjected to improper installation, improper care or abnormal operations.

 

WARRANTY PERIOD(1) (2) (3) (4) (5) (6) (7) (8)

 

Lincoln will assume both the parts and labor expense of correcting defects during the warranty period. All warranty periods start from the date of purchase from a Lincoln Authorized Distributor or Lincoln Authorized Service Facility to the original end user or from the date of manufacture if proof of purchase is not available and are as follows:

 

7 Years

  • Main power rectifiers on Idealarc® non-inverter type welders 3 Years

    All Lincoln welding machines, wirefeeders & plasma cutting machines
  • Viking™ auto darkening helmets designated by product numbers ending in "-2" (ex: KXXXX-2). Exceptions are listed under 2 Years

2 Years

  • Auto darkening helmets, all other Viking™ helmets including 1740 Series helmets & 4x5 passive helmets 1 Year

    Handy MIG®, Handy Core®, Weld Pak™ HD
  • All water coolers (internal or external models)
  • All gas flow regulators

    All stick electrode, welding wire and flux (Contact your local Lincoln Sales Representative)
  • Arc welding and cutting robots and robotic controllers

MISCELLANEOUS WARRANTY and SERVICE INFORMATION


• All Weld Fume Control equipment, including portable units, central units, fire suppression and accessories (Does not include consumable items listed under 30 day warranty.)

• All welding and cutting accessories including wire feed modules, undercarriages, field installed options that are sold separately, unattached options, welding supplies, standard accessory sets and Magnum® products (Does not include expendable parts and guns/torches listed under 90 and 30 day warranties)

• All Pro-Torch™ TIG torches

  • All plasma cutting torches
  • All purchased non-expendable replacement parts
  • Magnum® 250LX Spool Gun
  • Push-Pull Guns
  • VRTEX® 360 and VRTEX® Mobile
  • Viking™ PAPR Blower Unit
  • Magnetic hand lifters 90 Days

    All Lincoln gun and cable assemblies and the Magnum® SG spool guns 30 Days

    All consumable items that may be used with the Weld Fume Control systems described above. This includes hoses, filters, belts and hose adapters.

    All Software
  • Expendable Parts - Lincoln is not responsible for the replacement of any expendable part that is required due to normal wear. No Specified Time Period

    Red Line™ apparel products are warranted against manufacturing defects. Because applications vary, it is the user's responsibility to select the right product for each application. Red Line™ apparel products are not subject to warranty after use.

    Red Line™ safety glasses products are warranted to be free from manufacturing defects.

 

CONDITIONS OF WARRANTY TO OBTAIN WARRANTY COVERAGE:

 

The purchaser must contact a Lincoln Authorized Service Facility (LASF). For assistance in locating an LASF go to www. lincolnelectric.com/locator

Final determination of warranty on welding and cutting products will be made by Lincoln or Lincoln's Authorized Service Facility. WARRANTY REPAIR:

If Lincoln or Lincoln's Authorized Service Facility confirms the existence of a defect covered by this warranty, the defect will be corrected by repair or replacement at Lincoln's option. At Lincoln's request, the purchaser must return, to Lincoln or its Authorized Service Facility, any "Goods" claimed defective under Lincoln's warranty.

 

FREIGHT COSTS:

 

The purchaser is responsible for shipment to and from the Lincoln Authorized Service Facility.


TECHNICAL SERVICES


WARRANTY LIMITATIONS

 

LINCOLN WILL NOT ACCEPT RESPONSIBILITY OR LIABILITY FOR REPAIRS MADE OUTSIDE OF A LINCOLN AUTHORIZED SERVICE FACILITY.

 

LINCOLN'S LIABILITY UNDER THIS WARRANTY SHALL NOT EXCEED THE COST OF CORRECTING THE DEFECT OF THE LINCOLN PRODUCT.

 

LINCOLN WILL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOSS OF BUSINESS, ETC.) CAUSED BY THE DEFECT OR THE TIME INVOLVED TO CORRECT THE DEFECT.

 

THIS WRITTEN WARRANTY IS THE ONLY EXPRESS WARRANTY PROVIDED BY LINCOLN WITH RESPECT TO ITS PRODUCTS. WARRANTIES IMPLIED BY LAW SUCH AS THE WARRANTY OF MERCHANTABILITY ARE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY FOR THE EQUIPMENT INVOLVED.

 

THIS WARRANTY GIVES THE PURCHASER SPECIFIC LEGAL RIGHTS. THE

PURCHASER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM PROVINCE TO PROVINCE.

 

(1)  Equipment manufactured for the Lincoln Electric Company is subject to the warranty period of the original manufacturer.

(2)  All engines and engine accessories are warranted by the engine or engine accessory manufacturer and are not covered by this warranty.

(3)  AIR VANTAGE® 500 compressors are warranted by the compressor manufacturer and not covered by this warranty.

(4)  All MK Products are warranted thru MK Products and are not covered by this warranty. Contact 1-800-787-9707.

(5)  Lincoln Electric is not responsible for cable wear and consequential damage resulting from cable wear due to flexing and abrasion. End user is responsible for routine inspection of cables for possible wear and to remedy the issue prior to cable failure.

(6)  All Burny Kaliburn products are warranted thru Burny Kaliburn and are not covered by this warranty.

Email: burnykaliburntech@lincolnelectric.com

(7)  All Vernon Tool products are warranted thru Vernon Tool and are not covered by this warranty.

Visit www.vernontool.com/sales/product-warranty

(8)  All Arc Products are warranted thru Arc Products and are not covered by this warranty. Email: service@arc-products.com

(9)  All Wire Wizard products are warranted thru ELCo Enterprises, Inc. and are not covered by this warranty.

Call: (517) 782-8040

CUSTOMER ASSISTANCE POLICY

 

The business of The Lincoln is manufacturing and selling high quality welding equipment, consumables, and cutting equipment. Our challenge is to meet the needs of our customers and to exceed their expectations. On occasion, purchasers may ask Lincoln for information or advice about their use of our products. Our employees respond to inquiries to the best of their ability based on information provided to them by the customers and the knowledge they may have concerning the application. Our employees, however, are not in a position to verify the information provided or to evaluate the engineering requirements for the particular weldment. Accordingly, Lincoln does not warrant or guarantee or assume any liability with respect to such information or advice. Moreover, the provision of such information or advice does not create, expand, or alter any warranty on our products. Any express or implied warranty that might arise from the information or advice, including any implied warranty of merchantability or any warranty of fitness for any customers' particular purpose is specifically disclaimed.

 

Lincoln is a responsive manufacturer, but the selection and use of specific products sold by Lincoln is solely within the control of, and remains the sole responsibility of the customer. Many variables beyond the control of Lincoln affect the results obtained in applying these types of fabrication methods and service requirements.

 

Subject to Change – This information is accurate to the best of our knowledge at the time of printing. Please refer to www. lincolnelectric.com for any updated information.

 

 

PATENT INDEMNITY

 

SELLER agrees to defend any suit, proceedings or counterclaim against BUYER for the infringement of any United States Letters Patent by: (1) any goods, of whatever kind, or any part thereof, made to SELLER'S design or specifications but only in the form, state or condition supplied under this contract or (2) any use of such goods where the goods constitute a material part of any patented method of such patent and are not a staple article or commodity of commerce suitable for substantial non-infringing use; but only on the conditions that SELLER is (1) notified promptly in writing of any charges of infringement, (2) given authority to direct and control the defense of such charge or suit, and (3) furnished such information and assistance, at SELLER'S expense, as may be necessary for such defense, and SELLER shall pay all costs and damages awarded therein against BUYER. This agreement does not apply to the combination of the goods supplied under this contract with goods not supplied by the SELLER nor any process involving such combinations.

 

If at any time such goods, or any part thereof, or their use, are considered by the SELLER to constitute infringement, SELLER may, at its own expense, either (1) procure for the BUYER the right to continue using such goods, or (2) modify them so they become non-infringing, or (3) remove them and refund the purchase price and the transportation costs thereof, if any. The foregoing states the entire liability of the SELLER for patent infringement by such goods or their use.

 

FORCE MAJEURE

 

Lincoln shall not be liable to the Buyer for any delay in any performance or for failure to render any performance, and any such delay or failure shall for all purposes be excused, when such delay or failure is directly or indirectly caused by governmental laws or regulations (whether or not valid); acts of war; acts of government; acts of God; acts of terrorism; sabotage; civil disturbances; strikes or other labor disturbances; equipment failure; the inability to procure raw materials, power, equipment, labor or other supplies on an economic basis; explosions; accidents; transportation delays or shortages; floods; landslides; epidemics; or similar or dissimilar events which events are beyond the reasonable control of Lincoln, in any of the foregoing cases whether or not foreseeable (collectively, "Force Majeure Events"). In expansion, and not limitation, of the foregoing, a Force Majeure Event shall be deemed to delay or prevent performance if it directly or indirectly causes the timely performance by Lincoln of any of its obligations to be commercially impracticable. Lincoln shall not be denied relief under this paragraph if it fails to avoid or resolve any Force Majeure Event, except to the extent that it fails to employ commercially reasonable efforts to avoid or resolve such event, which efforts shall not be required to include the expenditure of funds. Upon the occurrence of any event or circumstance referenced above, Lincoln shall have the right to allocate products among its customers in its sole discretion. This paragraph shall be effective and apply even if the Force Majeure Event invoked by Lincoln had been in effect on the date a particular order for products was accepted by Lincoln. This paragraph supplements, and does not replace, any remedies available to Lincoln under the Uniform Commercial Code and other applicable law.

 

ARCWORKS SOFTWARE SUPPORT

 

Support from Lincoln Electric is available via a toll call. Free support is available from Lincoln Electric for 90 days after you receive the ArcWorks software packages. After 90 days, a $150/hr or $1,200/day engineering fee will be charged for additional support.

 

SERVICE PARTS BUSINESS

 

General

 

These terms and conditions for Lincoln Electric's Service Parts Business supersede all previous terms and conditions related to replacement parts for Lincoln machines and accessories.

 

Prices

 

Prices are net 30 days payment terms, no cash discount allowed. Lincoln may change this method of payment if in its judgment extension of such terms is not justified. Lincoln also reserves the right to change prices at any time without notice. Prices will be those in effect at the time the order is entered at the Seller's Factory Office or at a Lincoln District Sales office. Prices for orders with buyer specified ship dates calling for shipment beyond 30 days from the order entry date will be those in effect at the time of shipment. All orders are subject to final acceptance at the Seller's Factory Office or at a Lincoln District Sales office.

 

Prices do not include taxes and all prices are subject to the addition of any tax which the Seller at any time is required by law to pay or collect by reason of the sale, purchase, rental, loan or use of the products.

Prices include domestic packing and packaging per the Seller's standard practice. For export boxing/crating refer to ARC WELDING PRODUCTS Export Section - Page19.

 

Minimum order amount is $25.00 CDN. Transfer of Title (Domestic & Export)

Title of the goods transfer from Seller to Buyer at the time the carrier accepts the shipment at any Lincoln facility. Shipping and Delivery (Domestic)

All shipments to domestic locations are made FOB Origin Freight Prepaid and Charged subject to noted exceptions.

 

• For export shipments, refer to ARC WELDING PRODUCTS Export Section - Page19.

 

• Shipments will be made from a Lincoln facility at Lincoln's discretion. Shipping and handling will be prepaid by Lincoln Electric on replacement parts listed in the SPB Parts Price Book (BK-201) as follows:

 

• Shipping will be prepaid to Buyer's door within Canada. All other shipments will be freight prepaid to a transport terminal at a named Canadian point. The Seller is permitted to select the origin point, method, and route of shipment. If the Buyer specifies the origin point, method, or route of shipment, any additional expense incurred will be charged to Buyer's expense.

 

• All additional charges for other than transportation, such as insurance, storage, carrier notification to consignee, special equipment/handling at delivery, or C.O.D. Fees will be at the Buyer's expense.

 

 

• No allowance will be made in lieu of freight or cartage if the Buyer accepts shipment at the factory or warehouse, and no allowance will be made for transportation of any kind by Buyer's truck.

 

• All normally stocked items that are not shipped within two business days will be upgraded to next day service at no additional charge (when part becomes available). This service is not applicable to International orders.

 

• All "Rush" or "Must Ship Today" orders, for in-stock items, will be shipped the same day via Lincoln's courier's next day ser- vice at buyer's expense. Otherwise, the orders will be shipped no later than the next business day via Lincoln's courier's second day service. This service is not applicable to International orders.

 

• All in-stock parts ordered for warranty considerations will be shipped the same day as the order is received.



Returns

 

Approval for return:

 

Prior approval must be obtained from the Lincoln Service Parts Business. A return material authorization (RMA) number will be assigned. The RMA number must be clearly marked on the outside of all cartons. Lincoln must be advised of the original invoice number pertaining to the return request. Credit will be calculated and issued based on this invoice.

 

Conditions of return:

The parts must be new, unused, and undamaged. All parts not meeting these criteria will be returned to the buyer at their expense. Lincoln reserves the right to refuse any parts that cannot be returned to new stock.

The parts must be in original package, unopened, and clearly marked with the Lincoln part number. The parts must be listed in the Lincoln standard Replacement Parts Price book (BK-201) and normally kept in Lincoln stock.

Parts cannot be returned after more than 6 months from original date of shipment.

Parts classified as non-stocked in the current price book at the time of order are not returnable.

 

 

Restocking Charges:

Normally stocked parts returned within 45 days of shipment will not be assessed a restocking charge.

Normally stocked parts returned after 45 days will be assessed a restocking charge of 15% of current list price. A minimum of

$50.00 restocking charge will apply.

Buyer pays return transportation to Lincoln. All returns are to be pre-paid. Non pre-paid returns will be assessed a $25.00 handling fee.

The handling fee and any freight charges incurred by Lincoln will be deducted from any credit due Buyer.

 

 

Cancellation of Orders Standard Items

Orders for normal quantities of standard items ordinarily carried for stock shipment are subject to cancellation without charge provided that the Buyer's notice of cancellation is received by the Seller prior to delivery of product to the carrier.

 

Special Items

Orders for extraordinary quantities of standard items or for any special items designed or manufactured at the customer's request are not subject to cancellation without payment to the Seller of an amount based on the following principles:

1.

Full payment of the contract price by the Buyer for all portions of the contract which have been completed prior to receipt of the Buyer's written notice of cancellation, and

 

2.

Payment by the Buyer of a reasonable charge to be computed by the Seller for any portion of the contract which has not been completed, and on which cancellation is desired by the Buyer.

 

FORCE MAJEURE

 

Lincoln shall not be liable to the Buyer for any delay in any performance or for failure to render any performance, and any such delay or failure shall for all purposes be excused, when such delay or failure is directly or indirectly caused by governmental laws or regulations (whether or not valid); acts of war; acts of government; acts of God; acts of terrorism; sabotage; civil distur- bances; strikes or other labor disturbances; equipment failure; the inability to procure raw materials, power, equipment, labor or other supplies on an economic basis; explosions; accidents; transportation delays or shortages; floods; landslides; epidemics; or similar or dissimilar events which events are beyond the reasonable control of Lincoln, in any of the foregoing cases whether or not foreseeable (collectively, "Force Majeure Events"). In expansion, and not limitation, of the foregoing, a Force Majeure Event shall be deemed to delay or prevent performance if it directly or indirectly causes the timely performance by Lincoln of any of its obligations to be commercially impracticable. Lincoln shall not be denied relief under this paragraph if it fails to avoid or resolve any Force Majeure Event, except to the extent that it fails to employ commercially reasonable efforts to avoid or resolve such event, which efforts shall not be required to include the expenditure of funds. Upon the occurrence of any event or circumstance referenced above, Lincoln shall have the right to allocate products among its customers in its sole discretion. This paragraph shall be effective and apply even if the Force Majeure Event invoked by Lincoln had been in effect on the date a particular order for products was accepted by Lincoln. This paragraph supplements, and does not replace, any remedies available to Lincoln under the Uniform Commercial Code and other applicable law.

 

Warranty

Lincoln warrants to the purchaser that its replacement parts will be free of defects in workmanship or material for a period of 1 year not to exceed the warranty period of the original item.

 

 

 

DISTRIBUTOR NET PRICE

DELINEATION OF ZONES ZONE 1

ONTARIO and QUEBEC

 

• Consists of an area south of a line joining Parry Sound, Huntsville, Haliburton, Bancroft, Almonte, Carp, Ste. Agathe des Monts, St. Paulin, Grand'mere, and Ste. Anne de Beaupré, and west of a line joining Ste. Anne de Beaupré, Ste. Georges, Lac Megantic and Hereford and north of the Canada-U.S. border from Hereford to the St. Lawrence River.

 

• Rouyn, Amos, Val D'Or, Chicoutimi

  • Thunder Bay, Sault Ste. Marie, Sudbury, North Bay, Timmins
  • Province of New Brunswick
  • Province of Nova Scotia
  • Province of Prince Edward Island MANITOBA

    Consists of an area bounded on the north by a line joining Benito, Dauphin, Pine Falls, and east to the Manitoba-Ontario border, on the south by the Canada-U.S. border and on the west by the Saskatchewan-Manitoba border.

 

ZONE 2

 

BRITISH COLUMBIA, ALBERTA and SASKATCHEWAN

 

• Consists of an area south of a line joining Jasper, Hinton, Edson, Whitecourt, St. Paul, Onion Lake, Prince Albert, Tisdale and Benito. On the east by the Saskatchewan-Manitoba border, on the south by the Canada-U.S. border and on the west from Osoyoos at the British Columbia-U.S. border north of a line joining Penticton, Kelowna, Vernon, Sicamous, Revelstoke, Golden to Jasper.

 

• Grande Prairie, Prince George

  • South of a line joining Squamish and Hope, west of a line from Hope to the Canada-U.S. border and west along the Canada-

U.S. border to the Strait of Georgia.

  • Kamloops and Victoria
  • Newfoundland

 

Areas Outside Zones 1 and 2

Areas Not Noted Above as Zone 1 or Zone 2

  • For freight calculation, use the Zone 1 price plus the actual cost of freight.

 

ENGINE WARRANTY - COVERAGE PERIOD

 

The following information is provided for reference purposes only. Contact the engine manufacturer for a copy of their detailed warranty statement. Engine warranty coverage is not the responsibility of The Lincoln Electric Company.

 

ENGINE MANUFACTURER COVERAGE BY ENGINE MANUFACTURER – SUBJECT TO CHANGE

Perkins (www.perkins.com) 1-888-PERK-ENG (737-5364) -Two Years on parts and labor on 100 and 400 series (2,000 hours) and 1000 and 1100 series (3000 hours). Three years major components, worldwide.

 

Deutz (www.deutzamericas.com) (800) 241-9886 Deutz F3L1011 (in service as of May 1, 2002), F3L2011, and F4L2011 -Two Years/2,000 hours(5) - All Components -Three Years/3,000 hours(5) - Main Components(3) Deutz F3L912 (in service as of May 1, 2002) -Two Years/3,000 hours(5) - All Components -Three Years/4,500 hours(5) - Main Components(3)

 

Kohler (www.kohlerengines.com) (800) 544-2444 or (920) 457-4441 - Engine Service Dept. -Three Years(4)

 

Kubota (www.kubotaengine.com) (847) 955-2500 -USA - 2 Year/2000(5) Hours & 3rd Year Major Components. -Canada - 2 Years/2000 Hours(5) -Western Europe - 2 Years/2000 Hours(5) -Pacific Ocean Region - 2 Years/2000 Hours(5) -Asia, Africa, Middle East - 1 Year/1000 Hours(5)

 

Cummins (www.cummins.com) 1-800-DIESELS (343-7357) -Three Years or 3000 Hours(5)

Notes: Begins On Date Of Purchase By End User. Removal And Replacement Of Engine Is Covered By Engine Manufacturer.(1) (1)

Time allowed is a local determination. Engine manufacturers require pre-approval for work having unusual circumstances. Contact local distributor for initial assistance.

 

(2)

Main Components include: crankcase, crankshaft, camshaft, connecting rods and cylinder head.

 

(3)

First Owner Only.

 

(4)

Whichever comes first.

MISCELLANEOUS WARRANTY and SERVICE INFORMATION

 

ENGINE WARRANTY- CONTACT PROCEDURE

All engines used in Lincoln Electric engine driven equipment are warranted by the respective engine manufacturer for the time period outlined on page PP1.08-CAN. A warranty statement, showing the details of coverage, is available from the engine manufacturer. Engine warranty coverage is not the responsibility of the Lincoln Electric Company.

If an engine requires service during the manufacturer's warranty period, please do the following:

  1. Contact the nearest manufacturer-authorized engine repair facility with the following information:
  • serial number of engine,
  • specification or build list number of the engine,
  • hours of use,
  • purchase or commission date,
  • details of the problem encountered

 

It is important to establish that engine service will be covered by the engine manufacturer warranty before repair work begins.

 

B. If you cannot locate a manufacturer-authorized repair facility in your area or if you are not satisfied with local engine service, contact the engine manufacturer directly with the information itemized in A.

 

C. In the unlikely event that you are still unsatisfied after attempting to resolve your service issue with the engine man- ufacturer, contact the Lincoln Electric Service Department at1-888-935-3877 or cusserv@lincolnelectric.com with the following information:

 

• welder (Lincoln) serial number

  • your record of service information, as well as prior contact names, dates and phone numbers

 

A Lincoln Service Representative will contact the engine manufacturer with the information that you provide and request a resolution or an explanation in regards to your engine service issue. If the engine manufacturer is not able to provide a response within a reasonable amount of time, the Lincoln Electric Company will address the situation.

 

BATTERY WARRANTY and SERVICE INFORMATION

Harris Battery Company (U.S. Manufactured Units) Contact: Dan Lumpp

Phone: 1-330-874-0205 / 1-800-367-7670

Web: www.harrisbattery.com

Warranty: 100% Free Replacement for period of 24 months from date of sale of equipment by the dealer with a 27 month limit from battery date code.

 

Great Northern Battery Systems (Canadian Manufactured Units) Contact: Errol Fisher

Phone: 1-877-549-4454

Warranty: One year from date of sale.

COMPRESSOR WARRANTY and SERVICE INFORMATION VMAC

Phone: 1-800-738-8622

Web: www.vmac.ca

Warranty Term: 3 years or 3,000 hours (whichever comes first) from the date of delivery of the compressor to the first owner.

 

 

COBRAMATIC WIRE FEEDER, PRINCE XL,COBRAMAX and PYTHON GUNS SERVICE INFORMATION

For information on the nearest warranty service center for Cobramatic wire feeders, Prince XL, CobraMAX and Python Guns, please contact:

 

MK Products, Inc.

Phone: 1-800-787-9707 (North America and International) Web: www.mkprod.com


TECHNICAL SERVICES CUSTOMER TECHNICAL SUPPORT

Professional services are applied on a per-item basis as shown in CDN$.

 

TRAINING

Specialized Training at SELLER's local district office

Weld Process/ Procedure Training ..............................$1125/day

Machine Repair/ Troubleshooting ................................$1125/day

 

Specialized Training Program at SELLER's corporate headquarters: Welding School Training ........................................Upon Request Robotic Training (standard 3-day program) ....$1125/ per person Additional Robotic Training per person ..........................$375/day

Robotic programming of parts on customer fixtures ............................................................$1125/ 8-hr day Machine Repair/ Troubleshooting (5-day program) ..............$190

 

Specialized Training Program at BUYER's location:

Robotic Training, Programming, Support....................$1500/day*

Machine Repair/ Troubleshooting ..............................$ 1125/day*

Weld Process/ Procedure Training..............................$1500/day*

 

PROCESS / PROCEDURE DEVELOPMENT

Process/Procedure development in SELLER's local district office Sales Engineer ................................................................$375/ hr.

 

Process/Procedure development at SELLER's Welding Technology Center in Cleveland, Ohio, U.S.A. Weld Technology Engineer ..........................................$3000/day

Weld Technologist ........................................................$1980/day

 

TESTING

Weld Testing at SELLER's corporate headquarters:

AASHTO Filler Wire (wire chemistry & hydrogen) ................................$875

Innershield, Outershield, Solid Wire, Manual Electrode Deposit Chemistry & Hydrogen......$1234 Solid Wire & Flux – Deposit Chemistry & Hydrogen ..........$1234

Testing of BUYER's weld samples at SELLER's corporate headquarters: X-Ray Plate ..........................................................................$735

Charpy V Notch ..................................................................$1632

Chemical Analysis ................................................................$483

Tensile Test (505) ..................................................................$461

 

* Charges for Professional Services personnel are applied on a per-day basis plus living and traveling expenses from the time they leave the SELLER's factory until they return. Monday through Friday hours in excess of (8) eight hours per day and Saturday hours will be invoiced at time and one-half. Sundays and holidays will be invoiced at double time.

+ Consult Special Sales Department.

 

PRODUCT DEVELOPMENT

New product development for specialized BUYER application Consumable Products ........................................Upon Request + Machines ............................................................Upon Request +

 

Powerwave Software Development for specialized BUYER application/Project Dependent + * Weld Technologist ...........................

.............................$1500/day

Weld Engineer ..............................................................$1800/day

 

ENGINEERING

Engineering services at BUYER's location:

Weld Engineer ............................................................$1800/day*

Weld Technologist........................................................$1125/day*

 

Industrial Engineering (material handling / plant flow / plant layout) Consultant Services at BUYER'S location ..................$1800/day*

 

Weld Engineering (fabrication audit / procedure review /

weld failure analysis) at BUYER'S location ................$1800/day*

 

Troubleshooting (Non Warranty): Process, Machine or Consumable Troubleshooting at BUYER's location ................$1500/day*

 

 

GUARANTEED COST REDUCTION SERVICES

For Lincoln Customers ................................................No Charge


(NEW)

 

ARC WELDING PRODUCTS

Terms and Conditions of Sale (EXPORT)

 

All purchases and shipments of product destined for use outside the boundaries of Canada are considered to be export purchases. INCOTERMS® 2010 (International Commercial Terms) are rules developed by the International Chamber of Commerce which define costs, risks, and obligations of buyers and sellers in international transactions.

 

PRICES

 

Prices are based on net 30 days payment terms with pre-approved credit in place; no cash discounts allowed. The Lincoln Electric Company of Canada, hereinafter called the Seller or "Lincoln", may change the payment terms at its sole discretion. The Seller also reserves the right to change prices as well as terms and conditions of sale at any time without notice. Prices for all items except consumables will be those in effect at the time the order is entered at the Seller's office. Prices for consumables will be those in effect at time of shipment. Prices for orders with buyer-specified ship dates calling for shipment beyond 30 days from the order entry date will be those in effect at the time of shipment. All orders are subject to final acceptance by Lincoln at the Lincoln's Office as per Lincoln's formal ORDER ACKNOWLEDGEMENT.

 

Prices do not include taxes/duties and all prices are subject to the addition of any tax/duty which the Seller at any time is required by the law to pay or collect by reason of the sale, purchase, rental, loan or use of the products.

 

Seller reserves the right to bill late payment charges of 1.5% per month on Buyer's past due invoices as well as to revoke credit terms on future orders.

 

Prices include domestic packing or packaging per the Seller's standard practice. For export boxing/crating extra charges are applicable, please contact the Seller's export department for assistance.

 

Orders received against quotations made by Lincoln or its international distributors will be invoiced at those prices valid at time of quotation. The date of quotation must be within 90 days prior to the price change and the order resulting from the quotation must be at the Lincoln office within 105 days from the original date of quotation. For international distributors, a copy of the dated quotation must be received by Lincoln within 15 days of quotation.

 

Minimum order amount for equipment, consumables, Magnum, and robotic products is $50.00 USD. Minimum order amount on all replacement parts is $25.00 USD.

TRANSFER OF TITLE

Title of the goods transfers from Seller to Buyer when the goods are tendered to the first transportation carrier at any Lincoln facility.

 

SHIPPING AND DELIVERY

 

The Seller's preferred Incoterms® are:

 

• EXW ("Ex Works" named place)

  • CFR ("Cost and Freight" named port of destination)
  • CIF ("Cost, Insurance and Freight" named port of destination)
  • CPT ("Carriage Paid To" named place)
  • CIP ("Carriage and Insurance Paid To" named place of destination) Shipments to U.S.A.:

    DDP ("Delivered Duty Paid" named place of destination)

 

Risk of Loss will pass from Seller to Buyer based upon the use of the above INCOTERMS 2010 terms.

Seller reserves the right to prepay and separately invoice the Buyer for any duty or taxes at Seller's sole discretion. TRANSPORTATION AND OTHER EXPORT-RELATED COSTS

1. The total amount of the transportation charges (door to overseas port/airport) is to be prepaid by the Seller with the transportation and related charges added to the Buyer's invoice.

 

2. Standard insurance charges from origin to named foreign port or airport (based on the above incoterms) will be at the Seller's expense.

 

3. Other export-related charges will be at the Buyer's expense. The charges include, but are not limited to:

  • forwarding fees
  • banking and legalization charges
  • origin and destination terminal handling charges
  • fuel surcharges
  • equipment imbalance surcharges
  • fumigation
  • storage
  • special equipment and handling
  • security or war risk surcharges


FOREIGN CORRUPT PRACTICES ACT

 

Lincoln expects that the Buyer shall comply with all applicable U.S. and foreign laws including the U.S. Foreign Corrupt Practices Act, which prohibits the payment or transfer of anything of value to governments, government officials, political parties, political party officials (or relatives or associates of such officials), whether directly or indirectly, to obtain or retain business. A summary of the law and related information can be found at www.justice.gov/criminal/fraud/fcpa.

 

 

 

GOVERNING LAW AND CISG

 

All sales shall be governed by and construed under the laws of the Province of Ontario, Canada without regard to the United Nations Convention on Contracts for the International Sale of Goods.

 

 

FORCE MAJEURE

 

Lincoln shall not be liable to the Buyer for any delay in any performance or for failure to render any performance, and any such delay or failure shall for all purposes be excused, when such delay or failure is directly or indirectly caused by governmental laws or regulations (whether or not valid); acts of war; acts of government; acts of God; acts of terrorism; sabotage; civil disturbances; strikes or other labor disturbances; equipment failure; inability to procure raw materials, power, equipment, labor or other supplies on an economic basis; explosions; accidents; transportation delays or shortages; floods; landslides; epidemics; or similar or dissimilar events which are beyond the reasonable control of Lincoln, in any of the foregoing cases whether or

not foreseeable (collectively, "Force Majeure Events"). In expansion, and not limitation, of the foregoing, a Force Majeure Event shall be deemed to delay or prevent performance if it directly or indirectly causes the timely performance by Lincoln of any

of its obligations to be commercially impracticable. Lincoln shall not be denied relief under this paragraph if it fails to avoid or resolve any Force Majeure Event, except to the extent that it fails to employ commercially reasonable efforts to avoid or resolve such event, which efforts shall not be required to include the expenditure of funds. Upon the occurrence of any event or circumstances referred above, Lincoln shall have the right to allocate products among its customers in its sole discretion. This paragraph shall be effective and apply even if the Force Majeure Event invoked by Lincoln has been in effect on the date a particular order for products was accepted by Lincoln. This paragraph supplements, and does not replace, any remedies available to Lincoln under applicable law.

 

 

CANADIAN REGULATIONS

 

All export shipments will comply with Canadian Regulation in place at time of shipment.