Website Terms of Use


Website Terms of Use 

Conduct on the Website
Linking Policy
Use of Materials on the Website
Prohibited Uses
Content Standards
Monitoring and Enforcement; Termination
Copyright Infringement
Trademarks and Copyrights
Customer Assistance Policy
Safe Harbor Statement
Environmental, Health and Safety Policy
Privacy Policy
Disclaimer of Warranty
Limitation of Liability
Time Limitation for Claims
Amendments
Applicable Law
Geographic Restrictions

Terms and Conditions of Sale Australia and New Zealand

 

 

Welcome to the website of The Lincoln Electric Company (“Lincoln,” “Lincoln Electric,” "Company, "we" or "us").  The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "Terms of Use"), govern your access to and use of www.lincolnelectric.com, including any content, functionality and services offered on or through www.lincolnelectric.com (the "Website"). Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by the Terms of Use. If you do not want to agree to the Terms of Use, you must not access or use the Website.

The Website has been prepared solely for the purpose of providing information about Lincoln Electric® and the services and products it offers and promoting the understanding and safe use of electric arc welding. The Website has been compiled in good faith by Lincoln Electric. However, no representation is made as to the completeness or accuracy of the information it contains. In particular, you should be aware that this information may be incomplete, may contain errors or may have become out of date. Lincoln Electric reserves the right to add, modify or delete any information at the Website at any time.

                       
Instructions to Users

Protection of Username and Password
Some areas of the Website may require that you register and log in. You are responsible for protecting your username and password. Additionally, we may rely upon any communications it receives on the Website under your login. Notify us immediately if you have reason to believe your login has been or may be used by someone not authorized to do so.

Conduct on the Website
The Website includes online forums on which the Company’s customers can share information ("User Contributions"). Users who participate in the forums agree that all posts made on any forum on the Website is not private information and that when posted it will be publicly available to any user on the Website.  By providing any User Contribution on the Website, you grant us and our affiliates (and our respective licensees, successors and assigns) the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. By providing User Contributions, you represent and warrant that you own or control all rights to such User Contributions and have the right to grant the license granted above.  All posts are subject to review and any content deemed in the Company’s sole judgment to be inappropriate, offensive or inconsistent with the purpose for the forum may be deleted or the posting may be deleted in whole or in part.  Users who post such content may be prohibited from further use of the forums or the Website.

We are not responsible (or liable to any third party) for the content or accuracy of any User Contributions posted by you or any other user of the Website. We make no representation or warranty as to the content or accuracy of any User Contributions and hereby disclaim any such representation or warranty.

Linking Policy
The Website contains links to other websites which may provide information of interest to you. Links to such websites are provided as a convenience. Their content may be accessed and used by you solely as permitted by the owner of the websites and in accordance with the terms of use for those websites.

                       
Terms of Use

Use of Materials on the Website
In consideration for being granted the right to access and use the Website, you agree that your use shall be in compliance with the various policies and terms of use as stated by the Company on the Website. You may access, copy, download and print the information on the Website for personal, non-commercial use, educational use or to promote or use the Company’s products. Any other use of content on the Website such as publication, or distribution is prohibited unless express written permission is obtained from the Company.

Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree that you:

  • Will not use the Website in any way that violates any applicable federal, state, local, or international law.
       
  • Will not use the Website to transmit any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • Will not use the Website to impersonate or attempt to impersonate any other person or entity.
                     
  • Will not use the Website to corrupt or misuse any data, personal information or User Contributions that may be submitted to or accessed through the Website. 
                     
  • Will not use the Website to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website or which, as determined by us, may harm the Company or users of the Website or expose them to liability
                     
  • Will not introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful and will not attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
                     
  • Will not attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
    Will not otherwise attempt to interfere with the proper working of the Website

 

Content Standards
These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  •                         
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  •                         
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use.
  •                        
  • Be likely to deceive any person.
  •                         
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  •                         
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  •                         
  • Conduct any commercial activities, such as marketing, promoting or selling products or services or contests, sweepstakes and other such promotions.
  •                        
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

Customer Process for Closing Accounts
This process should be identified and communicated annually or semi-annually to account managers

                                                                   

Monitoring and Enforcement; Termination
We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion, including failing to comply with the Content Standards or engaging in any Prohibited Use.
  •                         
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
  •                         
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  •                         
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  •                         
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
  •                         
  • Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

  •                           

    However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

    Copyright Infringement
    If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringer

    Trademarks and Copyrights
    All content on the Website is the exclusive property of the Company and is protected by copyright, trademark and other applicable laws.  Trademarks and service marks on the Website are the property of the Company and other third parties. Except as expressly permitted by these Terms of Use or in writing by the Company or third party owner, no right is granted to use such trademarks or service marks. You may not delete any copyright, trademark or other legal or proprietary notice in the information that you print, download or use.

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

    Safe Harbor Statement
    The materials at this and other Lincoln Electric websites may contain various forward-looking statements and include assumptions concerning Lincoln Electric's operations, future results and prospects. These forward-looking statements are based on current expectations and are subject to risk and uncertainties. In connection with the "safe harbor" provisions of the Private Securities Litigation Reform Act of 1995, Lincoln Electric provides the following cautionary statement identifying important factors which, among others, could cause the actual results or events to differ materially from those set forth or implied by the forward-looking statements and related assumptions.

    Such factors include the following: (1) successful implementation of new information systems; (2) developments in product liability litigation; (3) demands of the competitive global economy that may generate new or enhanced competitors; (4) growth opportunities (or lack thereof) in international markets; (5) the cyclicality and maturity of the welding industry; (6) changing operating factors that could affect production by impacting labor or materials; and (7) successful development of new products; (8) possible new developments in the technology of joining metals. These and other risks are discussed in greater detail in the Lincoln Electric periodic reports filed with the Securities and Exchange Commission.

    The reports filed by Lincoln Electric with the Securities and Exchange Commission and listed on the Website speak only as of the respective dates on which they are filed or used by Lincoln Electric. The contents of those reports can become out-of-date. Lincoln Electric makes no commitment, and disclaims any duty, to update any of those reports.

    Environmental, Health, and Safety Policy
    Lincoln Electric is committed to minimizing risks to human health and the environment in and around the workplace. More specifically, Lincoln is dedicated to maintaining the health and safety of its employees, customers and neighbors, as well as preserving the integrity of our environment. This commitment is supported by management and is the individual and collective responsibility of all Lincoln Electric employees.

    We will achieve these goals through our EHS system and strive for continual improvement by:

  • Education and training to institutionalize EHS values throughout the company
  •                       
  • Setting EHS objectives and monitoring progress to improve employee health and safety and reduce adverse environmental impacts
  •                                                   
  • Raising EHS awareness of all employees while stressing personal accountability and rewarding impactful behavior throughout the Lincoln organization
  •                           
  • Complying with or exceeding all applicable EHS regulatory requirements
  •                           
  • Conserving natural resources through pollution prevention, energy conservation and waste minimization
  •                                  
                        

    Privacy Policy

    Website Privacy Policy
    We have adopted this Privacy Policy in order to demonstrate our commitment to your privacy. This Privacy Policy states the policies of the Lincoln Electric Company and its affiliates (collectively “Lincoln Electric”) regarding the collection, processing, and transfer of personally identifiable information collected on websites maintained by Lincoln Electric (referred to as “Personal Information”).

    This Privacy Policy tells you:
         • What Personal Information we collect
         • How we use that Personal Information
         • How we may share that Personal Information
         • How we protect that Personal Information
         • Your choices regarding your Personal Information

     
    By using websites maintained by Lincoln Electric (collectively, the “Site”) and/or submitting your Personal Information to Lincoln Electric, you consent to all actions taken by us with respect to your Personal Information as stated in this Privacy Policy. If you do not consent to our collection, processing, and transfer of your Personal Information as described in this Privacy Policy, do not use this Site and do not submit your personal information.
     
    This Site contains links to other third party websites. Lincoln Electric does not control and is not responsible for the operation of such websites. Please refer to the privacy policies of those websites if you have questions about their privacy practices.
     
    International Transfer of Your Personal Data
    Personal Information collected through the Site is stored on servers located in the United States.  In some cases, your Personal Information may also be stored on servers in a country where the Lincoln Electric affiliate is located that sells or markets to your stated location.
     
     
    What Personal Information We Collect and How We Use That Personal Information
     
    Lincoln Electric collects Personal Information for the purpose of providing information or updates about Lincoln Electric or its products or arc welding to individuals who visit the Site. We may also use Personal Information you submit for internal purposes including the administration of the Site, data analytics, and compliance with law or legal process and Lincoln Electric's policies and procedures.
     
    Personal Information You Give Us
    We collect Personal Information that you choose to enter into the Site. Examples of the information collected and purposes for which it is requested follow:
     
    • Contact Us and Ask the Experts: You may submit an inquiry or comment to Lincoln Electric along with  your name, address, phone number and email address. Lincoln Electric uses this information for the purpose of replying to your inquiry. 

    • Questionnaires and Surveys: Lincoln Electric may ask users of the Site to complete optional online surveys and opinion polls for the purpose of obtaining their input relating to our present or planned products and their use. These surveys help us to better meet your needs.  In conducting these surveys we may ask you to provide your name and contact information so that we can provide you with information about our products and about welding and cutting, for example, by sending you newsletters or other marketing material.  

    • Product, Accessory and Extended Warranty Orders: If you purchase products from the Site, we ask for your contact, shipping and billing information. You will also be asked to provide your credit card number and security code solely to our credit card processing vendor, 3Delta Systems (3dsi.com), for purposes of payment. Lincoln Electric will not have access to or store your credit card information. For U.S. products, you may also register your Lincoln Electric product here so we can provide information updates to you.

    • Locating a Distributor: If you use the Site to locate a nearby Lincoln Electric distributor, we will ask you for a location.  Information about your location may be retained and analyzed for statistical business reasons. 

    • Customer and Investor Updates: Lincoln Electric may ask you to provide contact information so that updates to our products, safety data sheets (SDS), safety and corporate investor information may be sent to you.

    • myLincoln Account: If you create an account on a Lincoln Electric website, we may collect the account information that you submit, such as your name, email address, and log-in information. We may also collect information regarding your orders through the account, such as your history of purchases.

    • Emails for Marketing Information: If you give us your email address and consent to receive marketing information, Lincoln Electric may send useful information about Lincoln Electric products and welding and cutting, such as advertisements, videos, contests, rebates and e-newsletters to your email address. Please see the section in this Privacy Policy titled “Your choices regarding your Personal Information” for more information on how to opt out or unsubscribe from such emails.

    • Any Other Form of Contact Where You Voluntarily Provided Your Personal Information: You may provide us with Personal Information in other ways including, for example, through personal contact, comment boxes on the Site or by emails through the Site. We will handle any such Personal Information in accordance with this Privacy Policy.

     
    Contact Us and Ask the Experts
    We collect your name, address, phone number and email address along with any inquiry or comment you may wish to submit to the Company for the purpose of replying to your inquiry.
     
    Personal Information from Other Sources
    Lincoln Electric tracks information about the visits to the Site through various methods, including the use of cookies.  These statistics are analyzed using Google Analytics, the results of which are used internally to better provide services to users and are not provided to other organizations. You can prevent Google Analytics from recognizing you on return visits to this site by disabling cookies on your browser.
     
    Cookies
    Please refer to our Cookie Policy for a description of how we collect information through cookies on the Site.
     
    Log Files
    The Site uses Internet Protocol (“IP”) addresses to analyze trends, administer the Site, track user movements, and gather broad demographic information for aggregate use. We do not link IP addresses to personally identifiable information unless you have logged into your myLincoln account, in which case your IP address will be linked to your myLincoln UserID. An Internet Service Provider ("ISP") typically assigns a random dynamic IP address at the time of your connection. For local area network ("LAN"), DSL, or cable modem users, a static IP address may be permanently assigned to a particular computer. We may record the IP addresses of visitors to the Site. While an IP address may reveal your ISP or geographic area, we cannot determine your identity solely based upon your IP address.
     
    Children’s Privacy
    The Site is not directed to children under the age of thirteen, and we do not knowingly collect Personal Information from children. We will ask you to confirm that you have not and will not provide such information to us or in postings on the Site when you register. If we become aware that such information has been provided or posted on the Site, we will delete it from our records.
     
     
    How We Share Your Personal Information
     
    Lincoln Electric does not sell or lease any Personal Information such as email addresses collected on the Site.  The following are some of the ways we share your information:
     
    • Third-Party Service Providers: We will share your Personal Information with third-party service  providers under contract with Lincoln Electric to help us provide services to you.  We may, for example, retain a third party to help us determine what marketing information you might find useful. We may also disclose your Personal Information to an attorney in the process of obtaining legal advice. We use a third-party service provider to process any billing information, including credit card information, you submit. We require these third-party service providers to provide safeguards for your Personal Information similar to the ones that we provide.

    • Required Disclosures: We may be required to share Personal Information in response to a court order, subpoena, civil discovery request, other legal process, or as otherwise required by law.

    • Legal Compliance and Protections: We may disclose account and other Personal Information when we believe disclosure is necessary to comply with the law or to protect the rights, property, or safety of Lincoln Electric, our users, or others. This may include exchanging Personal Information with other companies and organizations for fraud prevention and credit risk reduction.

    • Corporate Transactions: We may disclose your Personal Information to prospective purchasers of any interest in Lincoln Electric or its assets.

     
    Remarketing
    When you visit our Site, Lincoln Electric may place cookies on your computer (or other device you use to browse the web) that tell third party vendors like Google and DataXU to show you ads for Lincoln Electric (“Remarketing Cookies”).  As a result, these third party vendors may display Lincoln Electric ads to you on sites across the Internet. Remarketing Cookies only collect information about what webpages you have visited on the Site in order to show you ads about products that may interest you.
     
    You may opt out of Google's use of cookies by visiting Google's Ads Settings. Alternatively, you may opt out of a third-party vendor's use of cookies by visiting the Network Advertising Initiative opt-out page or the DoubleClick opt-out page.
     
    Remarketing Cookies are discussed in more detail in the Cookies Policy here.

    How We Respond To Your ‘Do Not Track’ Browser Signals

    We support the Do Not Track (DNT) browser setting. DNT is a preference you can set in your browser’s settings to let the websites you visit know that you do not want the sites collecting your personally identifiable information. 
     
    California Online Privacy Protection Act Compliance / Your California Privacy Rights
    California residents who use this Site may request that we provide certain information regarding our disclosure, if any, of the user’s Personal Information to third parties for their direct marketing purposes. You can make such a request by email or by mail to:
     
    The Lincoln Electric Company
    22801 St. Clair Avenue
    Cleveland, OH 44117
     
      
    How We Protect Your Personal Information
     
    Data Security
    Lincoln Electric will take reasonable steps to protect the Personal Information it collects from loss, misuse, unauthorized access, disclosure, alteration, and destruction. Lincoln Electric has put in place appropriate physical, electronic and managerial procedures to safeguard and secures the Personal Information it collects from loss and misuse and unauthorized access, disclosure, alteration, or destruction. Please note that despite our reasonable efforts, no security measure is ever perfect or impenetrable, so we cannot guarantee the security of your Personal Information.

     
     
    Your Choices Regarding The Information We Collect
     
    Unsubscribing from Emails
    You may choose to stop receiving marketing or promotional emails by unsubscribing here, by clicking on the unsubscribe link at the bottom of the email, or by emailing us your request to unsubscribe.
     
    Updating Personal Information
    You may use the link in the “Contacting Us” section of this policy to provide us with your updated or corrected Personal Information or to request that we delete your Personal Information.
     
    If you have an account and login with us, the Site provides you the option to update or correct information previously provided by logging into your account and clicking User Admin Center and then My Profile to access your Personal Information and correct, amend or delete inaccurate information.
     
    Data Integrity
    Lincoln Electric will only process Personal Information consistent with this Privacy Policy and the purpose for which it was collected or authorized by you. To the extent necessary for those purposes, Lincoln Electric will take reasonable steps to ensure that Personal Information is accurate, complete, current as provided, and reliable for its intended use.
     
    Data Retention
    We may retain your Person Information for as long as permitted or required by applicable law.
     
    Concerns
    If you have any concerns about the privacy of the Personal Information you have provided to Lincoln Electric, please email us. Lincoln Electric will investigate and attempt to resolve any complaints you have and any disputes regarding the use and disclosure of your Personal Information in accordance with this Privacy Policy.
     
    Contacting Us
    If you have any questions about this privacy statement, the practices of the Site or your dealings with the Site, you can email us or contact us at the following address:
     
    Webmaster
    The Lincoln Electric Company
    22801 St. Clair Avenue
    Cleveland, OH 44117
     
    PRIVACY POLICY UPDATES
    If we change our Privacy Policy, we will post those changes on this page and update the Privacy Policy modification date above. If we materially change this Privacy Policy in a way that affects how we use or disclose your Personal Information, we will notify you by prominently posting a notice of such changes before making them and by stating the effective date of the changes.
     


    DISCLAIMER OF WARRANTY
    LINCOLN ELECTRIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES IMPLIED FROM A COURSE OF DEALING OR PERFORMANCE OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE WEBSITE WILL BE SECURE, THAT THE SITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE, OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY.  IF YOU RELY UPON OR DOWNLOAD ANY MATERIALS FROM THE WEBSITE, YOU DO SO AT YOUR OWN RISK. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM LINCOLN ELECTRIC OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND.

    IN CERTAIN JURISDICTIONS, THE LAWS MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

    LIMITATION OF LIABILITY
    BY ACCESSING AND USING THE WEBSITE, YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR SUCH USE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU AGREE THAT USE OF THE WEBSITE IS SOLELY AT YOUR RISK AND YOU AGREE TO ASSUME THAT RISK.  YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO THE LINCOLN ELECTRIC PRIVACY POLICY AS STATED IN THESE TERMS OF USE, NEITHER LINCOLN ELECTRIC NOR ITS AFFILIATE COMPANIES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTIAL, SPECIAL, CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY INABILITY TO USE THE WEBSITE, INCLUDING LINKS TO OTHER WEBSITES, OR ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF INFORMATION YOU SEND TO US.  THIS LIMITATION OF LIABILITY SHALL APPLY TO ANY DAMAGES OR INJURY ARISING FROM ANY UNAUTHORIZED ACCESS TO, MISUSE, ALTERATION, THEFT, DESTRUCTION OR LOSS OF ANY RECORD OR DATA, FAILURE OF PERFORMANCE, ERROR, OMISSION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, COMPUTER VIRUSES, FILE CORRUPTION, LOSS OF PROFITS.

    TIME LIMITATION FOR CLAIMS
    YOU AGREE THAT ANY CLAIM OR DISPUTE ARISING OUT OF YOUR USE OF OR RELATED TO THE WEBSITE MUST BE COMMENCED NO LATER THAN ONE (1) YEAR AFTER THE CLAIM ACCRUES OR IT IS PERMANENTLY BARRED.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 

    Amendments
    Lincoln’s Terms and Conditions of Sale and this Legal Notice and Terms of Use, including the Privacy Policy, may be amended from time to time without further notice and consistent with legal requirements, including the Safe Harbor relating to Privacy or Lincoln’s business requirements. All changes are effective immediately when we post them and apply to all access and use of the Website thereafter.  Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so that you are aware of any changes, as they are binding on you. 

    Applicable Law
    The laws of the state of Ohio shall govern the interpretation and application of all terms of use for the Website. By accessing and using the Website you agree that all legal claims or disputes arising from your use of the Website shall be exclusively filed in the courts of the State of Ohio located in Cuyahoga County, Ohio.

    Geographic Restrictions
    The owner of the Website is based in the State of Ohio in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.


    2019140.v2  19588-135

    Terms and Conditions of Sale Australia

    DEFINITIONS
    i. “Buyer” means the person or entity acquiring the Goods and/or Services from Lincoln.
    ii. “Goods”, unless the context specifies otherwise, means all goods supplied by Lincoln to the Buyer.
    iii. “Goods Return Authority” means an authority to return the Goods to Lincoln in the form determined by Lincoln from time to time.
    iv. “Invoice” means the Tax Invoice issued by 
    Lincoln to the Buyer for the Goods and/or Services.
    v. “Lincoln” means The Lincoln Electric Company (Australia) Pty Limited ABN 36 000 040 308.
    vi. “PPSA” means the Personal Property Securities Act (2009) and ‘purchase money security interest’, ‘register’, ‘security agreement’ ‘security interest’ and ‘verification statement’ will have the meanings for those terms as defined in the PPSA.
    vii. “Purchase Order” means the purchase order issued by the Buyer to Lincoln for the supply of the Goods and/or Services.
    viii. “Services” means all services supplied by Lincoln to the Buyer and includes delivery and installation of Goods.
    GENERAL CONDITIONS
    Unless otherwise agreed in writing by Lincoln, these terms and conditions may not be waived or modified. Neither Lincoln’s acknowledgement of a Purchase Order nor Lincoln’s failure to object to conflicting, contrary or additional conditions in a Purchase Order will be deemed an acceptance of such conditions or a waiver of the provisions hereof. The Buyer, by its submission of a Purchase Order to Lincoln, adopts and accepts these terms and conditions in relation to the supply of Goods and/or Services by Lincoln to the Buyer. These terms and conditions are governed by the laws of the State of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the Courts of that State.
    1. PRICES
    Unless otherwise agreed by Lincoln in writing :-
    i. The price of Goods and/or Services will be that ruling at the date of delivery thereof notwithstanding that delivery may be delayed by agreement or otherwise. All Purchase Orders are accepted under these conditions and prices may be changed at any time without notice.
    ii. All quoted prices are ex Lincoln. A freight surcharge may be applied.
    iii. The Buyer will pay to or reimburse Lincoln (except where such payment or reimbursement is expressly prohibited by statute) all stamp duty and Government duties, taxes and expenses which Lincoln may be liable to pay from time to time in connection with the supply of Goods and/or Services to the Buyer.
    2. TERMS OF PAYMENT
    Unless otherwise agreed by Lincoln in writing:-
    i. Invoices are payable by the Buyer on or before the due date and in accordance with the payment terms shown on the Invoice. Lincoln reserves the right to terminate any credit account or payment arrangements at any time and any monies owing to Lincoln will then become immediately due and payable by the Buyer.
    ii. In all other circumstances terms of payment are cash with Purchase Order or cash prior to delivery. There is no discount for cash payment or early settlement.
    3. DELIVERY
    i. Unless otherwise stated all terms of delivery are as per Incoterms 2010 and as shown on the Invoice.
    ii. Lincoln reserves the right to alter terms of delivery at any time.
    iii. Lincoln shall use reasonable efforts to initiate shipment and (when appropriate in accordance with the agreed terms of delivery) schedule delivery of the Goods as close as possible to the Buyer’s requested delivery dates.
    iv. The Buyer acknowledges that delivery dates provided by Lincoln are estimates only and that Lincoln is not liable for failure to deliver on such dates.
    4. LIABILITY
    i. To the fullest extent permitted by law, any liability of Lincoln to the Buyer including but not limited to the liability for special, consequential or incidental damages or for breach of any term, condition, warranty, undertaking, inducement, guarantee or representation whether express, implied, statutory or otherwise relating to these terms and conditions or to the Goods or Services shall be limited at Lincoln’s option, to any one or more of the following:-
    a. if the breach related to the Goods:-
    i. the replacement of Goods or the supply of equivalent Goods;
    ii. the repair of the Goods;
    iii. the payment of the cost of replacing the Goods or acquiring equivalent Goods; or
    iv. the payment of the cost of having the Goods repaired,
    b. If the breach related to the Services:-
    i. the supply of the Services again; or
    ii. the payment of the cost of having the Services supplied again.
    ii. To the fullest extent permitted by law and 
    subject to clause 4(i) , Lincoln will under no circumstances be liable to the Buyer for any loss, damage or expense, sustained or incurred by the Buyer or any other party, whether direct or indirect, special, consequential, incidental or 
    punitive losses or damages whether in contract, tort (including without limitation negligence), equity, under statute or on any other basis, and whether or not such loss or damage was foreseeable. The term “consequential damages” shall include, but not be limited to, economic loss including actual or anticipated profits, business interruption, loss of use, revenue, reputation and/or data, costs incurred, and loss or damage to property or equipment.
    5. RETURN OF GOODS
    i. Claims will not be recognized after 14 days from delivery.
    ii. Goods must be returned in their original new condition, unused, be standard stock items in current production and readily re-saleable at current prices. Merchandise cut to length, specifically made, altered, used or damaged are not returnable for credit.
    iii. Goods returned must be accompanied by a Goods Return Authority number issued prior to return. Goods returned without a Goods Return Authority number will be returned to the Buyer at their expense. The Goods Return Authority number is effective for 30 days from the issue date and will be cancelled if Goods are not returned by this date.
    iv. Lincoln will not accept freight costs for returns.
    v. Lincoln accepts no responsibility for any delays in passing credit caused by Goods being incorrectly branded or returned to any destination other than the Lincoln Electric depot nominated on the Goods Return Authority or when Goods are returned without a Goods Return Authority.
    vi. Issuing a Goods Return Authority number and or acceptance of delivery of Goods returned for credit does not signify an agreement to issue a credit note. A credit note will only be issued after Lincoln has inspected the Goods subject to clauses 5(i) and 5(ii).
    vii. When satisfied, credit will be given at the price originally charged, less:-
    a. Cartage or delivery charges to and from Lincoln’s warehouse.
    b. An inspection and restocking charge of 20% of the value of the Goods.
    6. RISK
    The risk in the Goods purchased shall unless otherwise agreed in writing pass to the Buyer in accordance with the terms of delivery.
    7. RESERVATION OF TITLE
    i. Property in and title to the Goods remains with Lincoln until the Buyer has paid Lincoln the price of the Goods as shown on the Invoice and any other money that the Buyer may owe to Lincoln at any time on any account.
    ii. The Buyer may sell or otherwise dispose of the Goods in the ordinary course of the Buyer’s business.
    iii. Where the Buyer disposes of the Goods before payment to Lincoln, the sale proceeds of such disposal are the property of Lincoln and the Buyer holds the proceeds on trust for Lincoln.
    iv. In addition to clause 7(iii), in the event of sale of the Goods to a customer the Buyer in his position as a fiduciary shall assign to Lincoln the benefit of any claim against the customer.
    v. Lincoln may enter the Buyer’s premises or elsewhere within business hours and seize any Goods which have not been paid for by the due date stated on the Invoice without Lincoln having to give notice to the Buyer.
    vi. While the Goods remain property of Lincoln, the Buyer agrees:
    a. to store the Goods separately at the Buyer’s premises so they can be easily identified;
    b. to only dispose of the Goods in the ordinary course of the Buyer’s business.
    c. to not cause the Goods to lose their identifiable character or be intermingled with other Goods in any way by any process of its own or by a third party, except with Lincoln’s prior written consent;
    d. other than disposal of the Goods in the ordinary course of the Buyer’s business, that it has no right or claim to any interest in the Goods to secure any liquidated or unliquidated debt or obligation that Lincoln owes to the Buyer.
    e. that it cannot claim any lien over the Goods.
    f. to not create any absolute or defeasible interest in the Goods in relation to any third party except with Lincoln’s prior written consent.
    g. to provide Lincoln access to the premises where the Goods are stored to enable Lincoln to inspect and/or seize the Goods.
    h. to:
    i. not allow any person (other than Lincoln) to have or acquire any Security Interest in the Goods;
    ii. insure the Goods for their full insurable value or replacement value (whichever is higher) with an insurer licensed or authorised to conduct the business of insurance in the place where the Buyer carries on business;
    iii. not remove, deface or obliterate any identifying mark or number on any of the Goods.
    i. These terms and conditions will apply to each Purchase Order, Invoice and any commercial transaction concerning the supply of any Goods or Services by Lincoln to the Buyer.
    8. PPSA
    The Buyer:
    i. acknowledges that these terms and conditions and any Invoice constitutes a security agreement for the purposes of the PPSA;
    ii. grants a security interest to Lincoln for all Goods (and their proceeds) previously supplied by Lincoln to the Buyer (if any) and in all future Goods (and their proceeds) supplied by Lincoln to the Buyer;
    iii. acknowledges that Lincoln may register its security interest in the Goods (and their proceeds) as a purchase money security interest on the register;
    iv. will execute documents and do such further acts and things and provide such further 
    information as may be required by Lincoln to enable registration of the security interest 
    granted to Lincoln on the register or perfect or correct any registration;
    v. acknowledges and agrees that where the PPSA applies to action taken by Lincoln in relation to the Goods, it:
    a. agrees sections 116(2), 120, 125, 142 and 143 of the PPSA will not apply; and
    b. waives its right to receive notices under sections 95, 118(1)(b), 121(4), 123(2), 130, 132(3)(d), 132(4) and 135 of the PPSA and any verification statement.
    vi. agrees to only authorise disclosure of 
    information under section 275(7)(c) or request information under section 275(7)(d) if Lincoln approve; Lincoln and the Buyer:
    vii. agree not to disclose information of the type referred to in section 275(1) of the PPSA, except in circumstances required by section 275(7(b) to (e) of the PPSA.
    STATEMENT OF LIMITED WARRANTY
    This warranty is given by The Lincoln Electric Company (Australia) Pty Limited (Lincoln), 
    35 Bryant Street, Padstow NSW 2211, Tel: 1300 728 720
    Under this warranty, Lincoln warrants all new machinery and equipment (“goods”) manufactured by Lincoln against defects in workmanship and material subject to certain limitations hereinafter provided.
    The benefits to the purchaser given by this warranty are in addition to other rights and remedies of the purchaser under a law in relation to the goods. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a 
    major failure.
    This warranty is void if Lincoln or Lincoln’s Authorised Service Facility finds that the 
    equipment has been subjected to improper installation, improper care or abnormal 
    operations. Further, this warranty does not apply to:
    cable wear and consequential damage resulting from cable wear due to flexing and abrasion. The purchaser is responsible for routine inspection of cables for possible wear and to remedy the issue prior to cable failure;
    engines and engine accessories;
    any batteries supplied with the goods;
    repairs done to the goods and undertaken by the purchaser outside Lincoln’s premises without written authority from Lincoln obtained prior to any such repair; or
    any damage or failure of the goods as a result of normal wear and tear or the neglect misuse abuse or failure to properly service goods by any purchaser.
    PERIOD OF WARRANTY “LINCOLN BRANDED GOODS” Lincoln will assume both the parts and labour expense of correcting defects during this warranty period.
    All warranty periods under this warranty start from the date of purchase from a Lincoln 
    Authorised Distributor or Lincoln Authorised Service Facility to the original end user or from the date of manufacture if proof of purchase is not available and are as follows:
    Three Years
    All Lincoln welding machines, wire feeders and plasma cutting machines unless listed below.
    Two Years
    Ranger 405D, Italian Invertec, Welders and Plasmas machines unless listed below.
    One Year
    Kjellberg Plasma Cutting Equipment.
    Fanuc Robotic Equipment.
    Genesis Systems Group Equipment.
    Weld Engineering Flux Recovery Equipment.
    Binzel Robotic Cleaning Stations and Associated Equipment.
    PCA Profile Cutting Machines.
    All water coolers (internal and external).
    Arc welding and cutting robots and robotic controllers.
    All stick electrodes, welding wires and fluxes.
    All Environmental Systems equipment, 
    including portable units, central units 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, replacement parts. (Does not include expendable parts and guns/torches listed under 90 and 30 day warranties).
    90 Days
    All Gun and Cable Assemblies (manufactured by Lincoln and Spool guns.
    All MIG, TIG and Plasma Torches.
    All “Pro Torch” TIG Torches.
    30 Days
    All consumable items that may be used with the environmental systems described above. This includes hoses, filters, belts and hose adapters.
    Expendable Parts - Lincoln is not responsible for the replacement of any expendable part that is required due to normal wear.
    WARRANTY CLAIM PROCESS
    The purchaser must contact Lincoln (see contact details above) within the applicable warranty period about any defect claimed under this warranty. Lincoln may direct the purchaser to one of Lincoln’s Authorised Service Facilities. Determination of warranty on welding and cutting equipment will be made by Lincoln or one of Lincoln’s Authorised Service Facilities as directed by Lincoln At Lincoln’s request, the purchaser must return, to Lincoln or Lincoln’s Authorised Service Facility, at the purchaser’s cost, any goods claimed defective under this warranty, or permit Lincoln or Lincoln’s Authorised Service Facility to inspect the goods at the purchaser’s premises.
    Lincoln may at its absolute discretion repair or replace the goods at its own premises or at such other premises as Lincoln may designate provided that all freight charges to and from Lincoln’s premises or such other premises as Lincoln may designate shall be paid by the purchaser.
    If Lincoln or Lincoln’s Authorised 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.
    CUSTOMER ASSISTANCE POLICY
    Lincoln’s business 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 advice or information about their use of our products. We respond to our customers based on the best information in our possession at that time. Lincoln is not in a position to warrant or guarantee such advice and to the extent permitted by law assumes no liability, with respect to such information or advice. As a matter of practical consideration, we also cannot assume any responsibility for updating or correcting any such information or advice once it has been given. The provision of information or advice does not create, expand or alter this warranty. 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 this type of fabrication methods and service requirements.

    Terms and Conditions of Sale New Zealand

    DEFINITIONS
    i. “Lincoln” means Lincoln Electric Company (NZ) Limited.
    ii. “Goods”, unless the context specifies otherwise, means all goods supplied by Lincoln to the Buyer.
    iii. “Services” means all services supplied by Lincoln to the Buyer and includes delivery and installation of goods.
    iv. “Buyer” means the person or entity acquiring the goods.
    GENERAL CONDITIONS
    Unless otherwise agreed in writing by Lincoln, these conditions may not be waived or modified. Neither Lincoln’s acknowledgement of a Purchase Order nor Lincoln’s failure to object to conflicting, contrary or additional conditions in a Purchase order shall be deemed an acceptance of such conditions or a waiver of the provisions hereof.
    1. PRICES 
    Unless otherwise agreed by Lincoln in writing :-
    i. The price of goods and/or services shall be that ruling at the date of delivery thereof 
    notwithstanding that delivery may be delayed by agreement or otherwise. All orders are 
    accepted under these conditions and prices may be changed at any time without notice.
    ii. All quoted prices are ex Lincoln Australia or ex Lincoln New Zealand. A freight surcharge may be applied.
    iii The Buyer will pay to or reimburse Lincoln 
    (except where such payment or reimbursement is expressly prohibited by statute) all stamp duty and Government duties, taxes and expenses which Lincoln may be liable to pay from time to time in connection with the supply of goods and/or services to the Buyer.
    2. TERMS OF PAYMENT 
    Unless otherwise agreed by Lincoln in writing:-
    i. Invoices are payable on or before the 20th of the month following date of invoice. Lincoln reserves the right to terminate any terms of payment arrangements at any time and any monies owing will become due and payable immediately.
    ii. In all other circumstances terms of payment are cash with order or cash prior to delivery. There is no discount for cash payment or early settlement.
    3. DELIVERY
    i. Terms of Delivery are as shown on the invoice.
    ii. Lincoln reserves the right to alter Terms of Delivery at any time.
    iii. Unless otherwise stated all Terms of Delivery are as per Incoterms 2010.
    iv. Lincoln shall use reasonable efforts to initiate shipment and (when appropriate in accordance with the agreed Terms of Delivery) schedule delivery as close as possible to the buyers requested delivery dates.
    v. The buyer acknowledges that delivery dates provided by Lincoln are estimates only and that Lincoln is not liable for failure to deliver on such dates.
    4. LIABILITY 
    Any liability of Lincoln to the Buyer including but not limited to the liability for special, 
    consequential or incidental damages or for breach of any term, condition, warranty, undertaking, inducement or representation whether express, implied, statutory or otherwise relating to these Terms or to the Goods shall be limited at the discretion of Lincoln, to any one or more of the following :-
    i. if the breach related to the Goods:-
    a. the replacement of goods or the supply of equivalent goods
    b. the repair of the goods
    c. the payment of the cost of replacing the goods or acquiring equivalent goods
    d. the payment of the cost of having the goods repaired
    ii. Whilst every care is taken in preparing all written communications, Lincoln shall not be liable to any Buyer relying on any fact, matter or representation made by Lincoln to the Buyer or its agent. We expressly disclaim any warranty of any kind as to the fitness of goods for any Buyer’s particular purpose, with respect to any fact, matter or representation made or information, technical data, written communication made available to the Buyer.
    iii. Buyers should satisfy themselves as to the suitability and fitness for purpose of any product before order. Whilst every care is taken in compiling all information and technical data Lincoln will not accept responsibility for subsequent loss or damage arising from its use.
    5. RETURN OF UNUSED EQUIPMENT AND SUPPLIES
    i. Claims will not be recognised after 14 days from delivery.
    ii. Goods must be returned in their original new condition, unused, be standard stock items in current production and readily re-saleable at current prices. Merchandise cut to length, specifically made, altered, used or damaged are not returnable for credit.
    iii. Goods returned must be accompanied by a Goods Return Authority Number issued prior to return. Goods returned without a Goods Return Authority Number will be returned to the buyer at their expense. Goods Return Authority Number is effective 30 days from issue date and will be cancelled if goods are not returned by this date.
    iv. Lincoln will not accept freight costs for returns.
    v. Lincoln accepts no responsibility for any delays in passing credit caused by goods being incorrectly branded or returned to any destination other than the Lincoln Electric depot nominated on the Goods Return Authority or when goods are returned without a Goods 
    Return Authority.
    vi. Issuing a Goods Return Authority Number and or acceptance of delivery of goods returned for credit does not signify an agreement to issue a credit note, a credit note will only be issued after Lincoln have inspected the goods subject to clauses 5.i) and 5.ii).
    vii. When satisfied, credit will be given at the price originally charged, less:-
    a. Cartage or delivery charges to and from Lincoln’s warehouse.
    b. An inspection and restocking charge of 20% of the value of the goods.
    6. RISK
    The risk in the Goods purchased shall unless otherwise agreed in writing pass to the Buyer as per the agreed delivery terms. Unless otherwise stated all Terms of Delivery are as per Incoterms 2000.
    7. RESERVATION OF TITLE
    i. Ownership of the Goods shall remain with Lincoln, which reserves the right to dispose of the Goods until such time as:
    i. Payment in full for all the Goods has been received; or
    ii. The Buyer sells the Goods to his customers in the ordinary course of business.
    ii. If the Buyer fails to pay any amount of the Buyer’s total indebtedness to Lincoln under these conditions of sale when it is due to Lincoln or, an event of default as specified in sub-clause 7.iii hereof occurs Lincoln may without prejudice to any of its other rights and remedies recover and/or re-sell the Goods or any of them and may enter upon the Buyer’s premises for that purpose.
    iii. Until full payment is received by Lincoln, the Buyer shall store the Goods in a way that clearly manifests Lincoln’s title.
    iv. The Buyer acknowledges that until his total indebtedness under these conditions of sale to Lincoln is discharged he holds the Goods as bailee for Lincoln and that a fiduciary relationship exists between them.
    v. In the event of sale of the Goods to a customer the Buyer in his position as a fiduciary shall;
    i. assign to Lincoln the benefit of any claim against the customer, and;
    ii. account fully to Lincoln for the proceeds of the sale (unless and until the Buyer’s total 
    indebtedness to Lincoln under these conditions of the sale is discharged).