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Terms & Conditions

Southweld Terms and Conditions of Sale

Last updated: September 2025

  1. Scope

  • These Terms and Conditions of Sale (the “Terms”) govern all sales of products (“Products”) by Southweld LLC (“Southweld,” “we,” “us,” or “our”) to any purchaser (“Customer”) via southweld.com or through purchase orders, phone, or email.

  • By placing an order, Customer agrees to these Terms. Any additional or conflicting terms in Customer documents are rejected unless expressly agreed in a signed writing by Southweld.

  1. Wholesale Only; Eligibility

  • Southweld supplies distributors and qualified resellers. We may request resale certificates, tax exemption documentation, or trade references.

  • Southweld may approve, condition, or decline accounts at its discretion.

  1. Orders and Acceptance

  • All orders are subject to Southweld’s acceptance and Product availability.

  • Southweld may accept, reject, or allocate quantities. Acknowledgment of receipt is not acceptance.

  • Minimum order quantities (MOQs) or case packs may apply.

  1. Pricing and Taxes

  • Prices are in U.S. dollars and subject to change without notice. Confirm current pricing at time of order.

  • Prices exclude taxes, duties, and fees. Customer is responsible for applicable sales/use taxes unless valid exemption documentation is provided before invoicing.

  1. Payment Terms

  • Unless otherwise agreed in writing, payment is due at time of order. Approved accounts may receive net terms at Southweld’s discretion.

  • Late payments may incur a service charge of 1.5% per month (or the maximum allowed by law), plus collection costs, including reasonable attorneys’ fees.

  • Southweld may suspend or cancel shipments for past-due balances.

  1. Credit Review; Security Interest

  • Southweld may perform credit reviews and adjust payment or credit terms at any time.

  • Until paid in full, Southweld retains a purchase money security interest in Products and proceeds to secure Customer’s obligations.

  1. Shipping, Title, and Risk of Loss

  • Unless otherwise stated, shipments are F.O.B. origin. Title and risk of loss pass to Customer upon carrier pickup.

  • Shipping dates are estimates. Southweld is not liable for delays outside its control, including carrier issues, supply constraints, acts of God, or labor disruptions.

  • Customer must inspect deliveries upon receipt and note visible damage or shortages on the carrier’s receipt.

  1. Shortages, Damage, and Claims

  • For visible damage/shortage: note with the carrier at delivery and notify Southweld within 3 business days.

  • For concealed damage: notify Southweld within 7 business days of delivery.

  • Provide photos, packing list, and order number. Failure to notify within these windows may limit remedies.

  1. Returns and RMAs

  • Returns require prior written authorization and an RMA number.

  • Return eligibility: unopened, resalable condition, within 30 days of invoice, subject to inspection.

  • Non-defective returns may be subject to a restocking fee (typically 15–25%) and must be shipped prepaid.

  • Custom, special-order, cut-to-length, or Made-in-USA assemblies built to specification are non-cancelable and non-returnable unless defective.

  1. Product Specifications; Substitutions

  • Southweld may update specifications, packaging, or country of origin. Functionally equivalent substitutions may be supplied if original items are unavailable.

  • Customer is responsible for determining suitability for end-use and compliance with applicable codes and standards.

  1. Warranties and Disclaimers

  • Southweld-branded Products are warranted against defects in materials and workmanship for 12 months from invoice date under normal use.

  • Third-party Products carry their respective manufacturer warranties; Southweld will assist with reasonable warranty coordination.

  • THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

  1. Warranty Remedies

  • At Southweld’s option, remedies are limited to repair, replacement, or refund of the purchase price of the defective Product.

  • Customer must obtain an RMA and return the Product for evaluation. Warranty does not cover misuse, improper installation, alteration, normal wear, or use outside specifications.

  1. Limitation of Liability

  • TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOUTHWELD SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF BUSINESS, OR DOWNTIME, EVEN IF ADVISED OF THE POSSIBILITY.

  • SOUTHWELD’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM.

  1. Compliance and Export

  • Customer is responsible for compliance with all applicable laws, including export control, sanctions, and anti-bribery laws. Products may be subject to U.S. export regulations and may not be sold or shipped to prohibited end-users or destinations.

  1. Trademarks and IP

  • All trademarks, logos, content, and materials on southweld.com are the property of Southweld or its licensors and may not be used without prior written consent.

  1. Internet Sales and MAP Policies

  • If Southweld communicates Minimum Advertised Price (MAP) or channel policies, Customer agrees to comply. Southweld may suspend supply for violations.

  1. Force Majeure

  • Southweld is not liable for failure or delay due to causes beyond its reasonable control, including acts of God, war, terrorism, epidemics, raw material shortages, or transportation disruptions. Performance is excused for the duration of the event.

  1. Indemnity

  • Customer shall indemnify and hold harmless Southweld from claims, liabilities, and expenses arising from Customer’s misuse of Products, improper installation, or resale into prohibited applications or jurisdictions.

  1. Cancellation and Changes

  • Orders may not be changed or canceled after acceptance without Southweld’s written consent. Charges may apply. Custom and special-order items are non-cancelable.

  1. Confidentiality

  • Non-public pricing, discounts, drawings, assembly methods, and trade information provided by Southweld are confidential and may not be disclosed without written consent.

  1. Website Use

  • Use of southweld.com is provided “as is.” We may update or discontinue site features at any time. See our Privacy Policy for data handling practices.

  1. Privacy

  • Our collection and use of personal information are described in the Southweld Privacy Policy available on our website.

  1. Governing Law; Venue

  • These Terms are governed by the laws of the State of Alabama, without regard to conflict-of-law principles.

  • Exclusive venue for any dispute shall be the state and federal courts located in Jefferson County, Alabama (or your preferred county), and Customer consents to personal jurisdiction there.

  1. Notices

  • Notices to Southweld must be in writing and sent to: Southweld LLC, [Insert mailing address], Attn: Legal/Terms. Notices by email become effective upon acknowledgment of receipt.

  1. Severability; No Waiver

  • If any provision is found unenforceable, the remaining provisions remain in effect. No waiver of any term is a continuing waiver.

  1. Entire Agreement; Changes to Terms

  • These Terms, together with order acknowledgments and invoices, constitute the entire agreement regarding the sale of Products.

  • Southweld may update these Terms at any time by posting a revised version on southweld.com. Changes apply to orders placed after the revised date.

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