The following terms and conditions constitute the entire agreement between Hydro Products, All American Assets Inc. and their affiliates, associates and subsidiaries hereafter known in this agreement as (the seller) and the visiting on line customer to the Welders Black Magic.com website, hereafter known in this agreement as (The buyer). The seller will not be bound by any additional or different terms on the buyers orders or other documents that are inconsistent with the following terms and conditions. Acceptance by the buyer of these terms can be made by:

(1.) Written acceptance.
(2.) Use of our on line ordering system.
(3.) Receipt by buyer of delivery of any products from us, which ever first occurs.

No oral, COD, or third party shipping orders will be accepted.

Orders
The Buyer will submit orders for the seller’s products through our on line ordering system for products listed for sale on our website at current published prices, as of the date of purchase, or by written purchase order mailed, faxed, or emailed to Hydro Products at address displayed on the website. All orders processed through use of our on-line purchasing system, will become complete and final upon acceptance of our prices, taxes and shipping charges.

Non credit card users or customers that want to avoid credit card processing fees, may submit checks in advance for products to be shipped upon clearance of their check. (The check amount must include shipping charges and sales tax if applicable) which can be attained from the check out section of our website, your cancelled check will serve as a valid receipt. Please allow up to 7 to 10 days after receipt of order for processing and shipping.

Prices, Taxes, Payment
All prices quoted, all orders accepted and all billings rendered are exclusive of all federal, state and local, excise, sales, use and similar taxes, fee, or charges imposed by any governmental authority on this transaction and will be added to applicable sales. All prices presented on the site are subject to change at any time and without notice, however all sales prices after approval on credit cards are final. Terms of payment are due upon submission of credit card by the buyer for approval by their credit card provider at time of order. No C.O.D. orders will be accepted.

Returns and Cancellations
Any returns must be accompanied by a return material authorization number which may be attained by contacting Hydro Products at our telephone number posted on the website. Any product returned due to manufacturing defect will be limited to free replacement and prepaid shipping.

Title, Delivery and Acceptance
All sales of products are made F.O.B. the shipping point. Buyer will be responsible for shipping and insurance charges and will reimburse the seller for all shipping and insurance cost that the seller incurs. We may elect to self insure the shipment and charge ordinary insurance rates equal to that of a carrier. If however we elect to insure the shipment with the carrier we will prepay the freight and insurance cost and forward those cost to the buyer. Title and risk of loss or with damage to the products shall pass to the buyer on the date the products are delivered to a common carrier at the shipping point (shipment date). Any Claims for loss or damage must be presented to the carrier by the buyer. The seller will not be liable for delay or none delivery of the products, resulting or arising from any cause beyond the sellers reasonable control. The products will be deemed accepted on the shipment date.

Security Interest
Until full payment has been received, the seller reserves a purchase money security interest in the products sold. Buyer agrees to execute any document appropriate or necessary to protect the security interest of the seller, or in the alternative, the seller may file these terms as a financial statement and / or chattel mortgage.

Use of Products
The products sold by the seller are not intended for human consumption and use. The buyer acknowledges that the products they purchase may not have been tested for safety and efficiency in commercial or any other use. The products may contain gases and chemicals, which may be harmful if misused. Due care should be exercised with all products to prevent direct human contact. The seller provides material safety data sheets (“MSDS”) or other instructions with the initial shipment of products. The buyer shall provide the supplied MSDS and instructions to all personnel of the buyer, and to any third party authorized by the buyer to use products purchased hereunder by the buyer, prior to the handling and use of the products by such personnel or third party. The buyer shall insure that such personnel at all times use the products strictly in accordance with the MSDS, the instructions, and any warnings on the labels of the products, and the buyer shall obtain written assurances from such third parties that the third parties will at all times use the products strictly in accordance with the MSDS, the instructions, and any warnings on the labels of the products. Only qualified trained professionals who are familiar with the hazards associated with such gases chemicals and equipment should handle them. Resellers of the products shall be subject to the aforementioned terms and conditions concerning use of the products.

Confidential Information
“Confidential Information” shall mean any information disclosed by one party to another party which is marked or identified as “Confidential”, “Proprietary”, “Trade Secret” or in some other manner to indicate its confidential nature, or information which the receiving party should know that the disclosing party would reasonably regard it as confidential. The buyer understands that the products purchased herein are subject to Trade Secret, Patent and Copyright laws. Any infringement upon these laws will be subject to prosecution to the full extent of the law. The entire content of the seller’s website and its products shall be considered Trade Secret property of the seller exclusively, and shall not be copied or used by any person, for any reason without written permission of the seller.

Indemnity
The buyer shall indemnify, defend, and hold harmless the seller and its employees, agents, successors, officers and assigns, from any suits, losses, claims, demands, liabilities, cost and expenses (including attorney and accounting fees) that the seller may sustain or incur arising from (a) buyer’s use of the products (including without limitation to storage, handling, and transportation of products), (b) use of the products by a third party with buyer’s authorization, (c) use of the products by a third party without buyer’s authorization, where such unauthorized use is due to buyer’s negligent act of omission, or willful misconduct, (d) buyer’s failure to comply with any applicable laws and regulations (including without limitation those regarding the export of products or technology abroad, the Toxic Substance Control Act, and the Emergency Planning and Community Right-to-Know Act of 1986, or to obtain any licenses or approval from the appropriate government agencies necessary to purchase and use the products) or (e) buyer’s breach of any of its obligations set forth in these Terms or in the Agreement. The seller will provide the buyer with: (1) prompt written notice of such claim of which the seller is aware, (2) control over the defense and settlement of such claim; and (3) proper and full information and assistance at buyer’s expense to settle and/or defend any such claim. Notwithstanding the foregoing, buyer shall not settle any such claim, suit or proceeding without the written consent of the seller, which shall not be unreasonably withheld.

Limitation of Liability
The seller shall not be liable for cost of procurement of substitute products, nor for any loss of business, loss of use or of data, interruption of business, lost profits or goodwill, or other indirect, special, incidental, exemplary or consequential damages of any kind arising out of this agreement, even if the seller has been advised of the possibility of such loss, and notwithstanding any failure of essential purpose of any limited remedy. This exclusion includes any liability that may arise out of third party claims against buyer. The seller’s total liability under this agreement with respect to any product sold hereunder shall in no event exceed the price paid by buyer for such product.

General
The seller reserves the right to modify any programs, policies, information and products contained on the seller’s website at any time and without notice to the buyer. A buyer who uses information contained on the seller’s website or makes decisions based on such information does so at his own risk. These terms and performance by the parties hereunder shall be construed in accordance with the laws of the state of California, The buyer and the seller consent to the exclusive venue in the state and federal courts of the state of California. The buyer shall not assign (a) any order for products placed through seller’s website On-line, or (b) any interest in or any rights under such order, without the prior written consent of the seller. These terms constitute the entire agreement between seller and buyer and supersede all previous communications, representations and agreements (except for the Agreement), whether oral or written, between the buyer and the seller with respect to the subject matter hereof. These terms may not be modified, supplemented, qualified, or interpreted except in writing signed by the buyer and the seller. The failure by the seller to enforce at any time any of the provisions in these terms will in no way be construed as a waiver of such provisions.

Access and Use of Information
Access to this site is limited to viewing the linked pages solely for legitimate business purposes to access the information provided by the seller at this site. Any access or attempt to access other areas of the seller’s computer systems or other information contained on the system for any purposes is strictly prohibited. You may not use any information contained on this site other than in connection with a legitimate business purposes relative to the sellers business interest.

Trademarks
This site contains many seller, and third-party trademarks and service marks. All marks are the property of their respective companies. All rights in the intellectual property contained in this web site including copyright, trademarks, trade secret and patent rights are reserved. Access to this Web site does not constitute a right to copy or use any of the third parties intellectual property of the seller or its suppliers. Statutory notice contained herein represents trademark status in the United States.

Submissions
All remarks, suggestion, ideas, graphics or other information communicated to seller through this site will forever be the property of the seller. Unless otherwise specified in writing, all material submitted to the seller will be presumed to be property of the seller exclusively, Seller shall have exclusive ownership of all present and future existing rights to the information, without compensation to the sender.

Separability
If any provision of these Terms of Purchase shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision of provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of Terms and Conditions of Use.

Warranties and Disclaimers
All information appearing on the sellers website is provided “AS IS” and without warranties of any kind with respect to its correctness, accuracy, reliability or otherwise. The seller provides no warranty with respect to the sellers products offered on-line except those products directly manufactured by the seller. For products not directly manufactured by the seller, the buyer receives a warranty on such products directly if any, directly from the manufacturer of those products. To the extent such “pass through” warranties are available. With the exception of private labeled products, upon the request of the buyer, the seller will use commercially reasonable efforts to inform the buyer of the warranty policy of a particular manufacturer or to direct the buyer to a source of such information. The seller makes no other warranty, express or implied, with respect to the products offered for sale on the sellers website. The seller expressly disclaims the implied warranties of merchantability, noneinfringement, and fitness for a particular purpose. The seller does not warrant that operation of its website will be uninterrupted or free from errors, that defects will be corrected or that the sellers server are free of viruses or other harmful components.

Questions Regarding Terms and Conditions

Call 949-443-9687