1)
Intellectual property rights of ownership herein www.artistokrats.com:
includes all works, creations, designs, images, subject matter, trade secrets/techniques
of all there creations by it's creators, and all art developed by our online
artist's, and it's guest's, and their original artistic concepts are ours to
control and distribute, financially, or given. An alternate term used to protect
our rights to all properties @artistokrats.com will be monopolies on all information
herein: and will be subject to anyone, (if anyone/person/business in the entire
world - called Earth) would argue their case for any of our intellectual subject
matter as not being owned by Accrue Welding. Let it be known NOW it is ours
exclusively !
2) In recent times there has been a general expansion in intellectual property
laws. This can be be seen in the extension of laws to new types of subject
matter such as databases, in the regulation of new categories of activity in
respect of subject matter already protected, in the increase of terms of protection,
in the removal of restrictions and limitations on exclusive rights, and in
an expansion of the definition of "author" to include corporations
as the legitimate creators and owners of works. The concept of work for hire
* has also had the effect of treating a corporation or business owner as the
legal author of works created by employees
* A "work for hire" (sometimes expressed as "work made for hire")
is an exception to the general rule that the person who actually creates a
work is the legally-recognized author of that work.
Works Made for Hire. -- (1) a work prepared by an employee within the scope
of his or her employment; or (2) a work specially ordered or commissioned for
use as a contribution to a collective work, as a part of a motion picture or
other audiovisual work, as a translation, as a supplementary work, as a compilation,
as an instructional text, as a test, as answer material for a test, or as an
atlas, if the parties expressly agree in a written instrument signed by them
that the work shall be considered a work made for hire. 17 U.S.C. sec 101
3) No work within this web-site shall be down-loaded, pirated, or otherwise
stolen from artistokrats.com, by any collector, buyer, seller, contractor,
or any-other for their financial gain without Accrue Welding's express permission.
All work herein is dated, and signed, and is guaranteed to be an original piece,or
a print of an original piece, or it will not be included with our galleries
collection.
4) All works printed by artistokrats.com will be coded, numbered, signed & dated
for authenticity. These will all be limited editions, which will be stated
as to their limit of numbers created sold, and distributed. These will be guaranteed
to never be printed again when this stated number is reached. If the original
is still left unsold, it will, at the sole discretion of it's true owner, remain
for sale, unless otherwise stated by owner.
5) This web-site is owned solely by Accrue Welding, and all legal statements
made within the Legal Link @accruewelding.com apply to this web-site also,
and can be found @ www.accruewelding.com where it's legal statement is posted
6) The Legal Consequences of theft herein:
anyone/person/business found distributing, selling, or pirating any intellectual
property, or monopolized information, found herein @ www.artistokrat.com for
financial gain for any reason, will be pursued legally by Accrue Welding to
the fullest extent of the law, within the United States, or any other Country
in the world to the fullest extent allowed by their respectful laws in any
Country here on Earth. Unless expressly permitted in writing by Accrue Welding,
as stated within the legal link found @ www.accruewelding.com.
7) You may find here at Artistokrats.com that if your Organization, Club, or
Reasonable Cause is found worthy by us, that we may donate art, or other material
objects to help any reasonable request made by any legitimate non-profit organization
for their profit to help others, and other good causes that do exist to help
people of this Nation & this World at no cost to them. We would love to
help anyone in need with our Art, if we could, within reason, as We have personally
donated Paintings in the past for Aids Research, Manna, The Lock Haven Pa.
Womens Center, and other such causes. If you have read this far, Thank you
for your deep interest.
William John Miller II, Owner
Operator of AccrueWelding & Artistokrat |
Accrue
Welding
Agreement with all Customers, condition of
all sales, designs, repairs, services, estimations, verbal agreements,
deliveries, or purchases. Since June of 1993 to present date.
1. GENERAL: Accrue Welding hereby gives
notice of its objection to any difference or additional terms and conditions
except for any such terms and conditions as may be expressly accepted by it
in writing. Unless different or additional terms and conditions are stated
or referred to in the proposal, in which event such different or additional
terms and conditions shall be exclusive as to the particular subject covered,
the terms and conditions stated below apply, and such terms and conditions
supersede any prior or contemporaneous agreements or correspondence between
the parties. By signing and returning the proposal, acknowledgment or
by issuing a contact (in the form of a purchase order or otherwise, or even
in some cases a verbal agreement between the two parties from here out) to
Accrue Welding on the basis of the proposal, Buyer/Customer/Individual indicates
its acceptance of the terms hereof and agrees to be bound by same in lieu of
any different or additional terms proposed by Buyer/Customer/Individual or
contained in Buyer/Customer/Individual's contract, verbal, or written.
2. PAYMENT TERMS: Payment of the contract
price verbal, or written as agreed upon, as provided in the purchase order/or
services rendered, shall be made within thirty (30) days of Accrue Welding's
submitted invoice by Accrue Welding to the Buyer/Customer/Individual. Any sums
which shall remain due and owing thirty days from the date of the applicable
invoice shall accrue interest at the rate of 18% per month, or a rate equal
to the maximum rate allowable under the applicable statutes, whichever shall
be the highest permissible rate. Acceptance of credit terms is at all
times subject to Accrue Welding's approval, and Accrue Welding reserves the
right in its sole discretion, to require at any time full or partial payment
in advance of any shipment of goods, or services rendered. If, at any
time, in Accrue Welding's judgment, reasonable doubt exists as to Accrue Welding's
Customers financial responsibility, or if Accrue Welding's Customer is past
due in payment of any amount owing to Accrue Welding under this or any other
contract, verbal, or written as agreed upon, Accrue Welding reserves the right,
without liability and without prejudice to any other remedies, to suspend performance,
decline to ship, or stop any goods in transit, or to stop services being rendered,
until Accrue Welding receives payment of all amounts owing to Accrue Welding,
whether or not due, or adequate assurance of such payment. If any Buyer/Customer/Individual
who doesn't pay within 30 days, they will/may be required to pay up front,
at least or more, of a minimum amount of one week in advance, from thereon.
Accrue Welding will decide what the amount will be set at, and this will be
decided at Accrue Welding's sole discretion. This payment may also be required
to be Electronically Deposited by Accrue Welding to assure payment is securely
made in advance, any advanced payment moneys left over after completion of
Job/Project will be reimbursed to Customer, (Whatever is left over after Job/Project
is completed). Furthermore Accrue Welding reserves the right at its sole discretion,
to require this payment procedure be continued thereafter with late paying
customers, or those with past or present high risk credit histories.
3. TAXES: Sometimes because of each Buyer/Customer/Individual's
situation, Accrue Welding's Prices stated do not include sales, use, excise,
privilege or gross receipts, value added or other taxes or assessments now
or hereafter imposed, levied or increased by or under the authority of any
federal, state or local law, rule or regulation concerning the goods sold hereunder,
services rendered, the manufacture, sale, value or use thereof or concerning
any services performed in connection therewith. If Accrue Welding shall
pay such taxes or assessments, Buyer shall, upon demand, reimburse Accrue Welding
for such amounts, and any, and all accrued interest of said tax if a mistake
was ever made by either party. If any tax was missed, ever, since 1993, it
is the sole responsibility of Buyer/Customer/Individual to pay said tax, past,
present, or future. Even if Accrue Welding had made a mistake in the past,
or missed taxing any Buyer/Customer/Individual, for whatever services, for
whatever reason, upon demand from Accrue Welding tax payment will be made,
to, and in, any State in the United States of America by the Buyer/Customer/Individual
with no exception.
4. RISK OF LOSS: Risk of loss of the product
or any part of same, shall pass to the Buyer/Customer/Individual upon the earlier
of delivery of the product or any part thereof to Buyer/Customer/Individual
or to a carrier for delivery to Buyer/Customer/Individual; provided that risk
of loss or damage shall remain with Accrue Welding during any period in which
the goods are in the possession of a carrier owned by Accrue Welding.
5. TERMINATION: If this agreement, or any
agreement, verbal, or written is terminated prematurely, or if Buyer/Customer/Individual
fails to fulfill its financial obligations herein, in addition to any other
remedies, Accrue Welding shall be entitled to receive payment for all work,
both completed and in process including all anticipated profit thereon.
6. WARRANTY: Accrue Welding warrants that
the goods shall on the date of delivery of a product, or services rendered
by Accrue Welding, (exclusive of repairs stated herein) and for the period
as stated below, be free from defects in materials and workmanship and shall
conform to the specifications set forth in Seller's quote, if any. This
is Seller's sole warranty with respect to the goods, and services rendered. This
warranty is given in lieu of and to the exclusion of any and all other warranties,
express or implied. Specifically, and without limiting the generality
of the above disclaimer, the seller disclaims any warranty of merchantability
or of fitness for any particular purpose as to any and all goods, and services
rendered, purchased or ordered by the Buyer/Customer/Individual (whether for
the ultimate use of the Buyer, or any other person) pursuant to the purchase
order, contract or in connection therewith. Accrue Welding's obligation
under this warranty shall be limited to the repair or replacement, at its option,
of any/all goods or any components or parts or services rendered thereof sold
by Accrue Welding to Buyer/Customer/Individual that prove to be defective upon
Buyer/Customer/Individual's examination. in the case of returned goods:
product shall be delivered F.O.B. to, Solona Pennsylvania, at Buyer's risk
and expense.
1 Year - From date of purchase by end-user customer
Repairs to any type material, pipe, vessel, machine, structure, anything, old,
or new, that Accrue Welding has been requested to repair in any situation,
or in an emergency situation, that may have been done as a temporary fix, emergency
repair, common, or uncommon repair, Repair Services - has no WARRANTY, and
is the sole responsibility of that Buyer/Customer/Individual's decision, or
choice to make a request to Accrue Welding to any said job/project/sale as
described herein verbal or written. Accrue Welding shall not be held liable
for any consequential, indirect or incidental losses or damages incurred as
the result of this type repair or replacement activity. With no exception end
repair will be excepted as is.
All Field, or In-House Repairs are excepted as is upon completion.
7. REMEDIES FOR BREACH OF WARRANTY: The
Buyer/Customer/Individual's sole remedy for any breach of the Accrue Welding's
warranty as stated in the terms and conditions or for any defect in material
or workmanship shall be the repair or replacement, at the option of Accrue
Welding, by Accrue Welding at Accrue Welding's expense, of any defective goods
or the refund of any amount equal to the purchase price of the goods with respect
to which such claim is made. Accrue Welding shall not be liable for any
consequential, indirect or incidental losses or damages incurred as the result
of any breach of warranty or as a result of any repair or replacement activity,
including, but not limited to any losses due to down time or loss of use. Accrue
Welding shall not be liable for any losses, physical injuries or damages sounding
in tort, or in claim.
8. LIMITATION OF LIABILITY:
(a) Accrue Welding shall not be responsible to the Buyer/Customer/Individual
in contract or in tort (including liability for Accrue Welding's own negligence
or liability based upon strict liability in tort) for:
(i) loss
of use of equipment or plant, loss of profits or revenues, business interruption
losses, expenses involving loss of capital, or for any other consequential, indirect or incidental
damages related to loss of use, whether partial or complete, of equipment or
plant, or any portion thereof; and the buyer shall defend, indemnify and hold
harmless Accrue Welding, its agent, officers and employees from and against any
and all claims or losses of any person arising out of or resulting from such
loss of use;
(ii) any other
consequential, indirect or incidental damages or losses arising out of this purchase
order; or
(iii) any losses,
injuries or damages sounding in tort (whether based upon the negligence of Accrue
Welding, its agents, officers or employees or based upon strict liability in
tort). All claims by, through or on behalf of Buyer/Customer/Individual arising
out of or connect with this transaction shall expire and be forever barred as
against Accrue Welding unless an action is commended thereon against Accrue Welding
in a court of competent jurisdiction within one year after Accrue Welding’s
tender of deliver of the goods sold hereunder.
(b) The Buyer/Customer/Individual and the Accrue
Welding each acknowledge that the limitations stated above of Accrue Welding’s
liability and the indemnity agreements set forth in these terms and conditions
are an essential element of their agreement and are integral to the cost and
risk analysis of the bargain by each party.
(c) All claims by, through or on behalf of Buyer/Customer/Individual
arising out of or connect with this transaction shall expire and be forever
barred as against Accrue Welding unless an action is commended thereon against
Seller/Vendor in a court of competent jurisdiction within one year after Accrue
Welding’s tender of deliver of the goods sold hereunder.
(d) Buyer/Customer/Individual has been notified, and is solely responsible
for all financial liability, due to incompetent personnel, misuse of this purchase,
or any Accrue Welding product, over load product information was given and
explained clearly with orally, and written notification, to customer when product
was purchased. Accrue Welding has no liability to Buyer/Customer/Individual,
Buyers Employee, or Otherwise. The provisions of this section relating to limitation
of or protection against liability of Accrue Welding shall apply to the full
extent permitted by law and regardless of fault and shall survive any termination,
cancellation, or completion and delivery of goods herein
(e) Accrue Welding will not be held responsible, for personal physical damage
- (By Any Buyer/Customer/Individual's, Employee's) - , or bodily harm due to
Purchasers failure to safely use, or operate this or any products repaired,
installed, or designed by Accrue Welding. For Ever with respect to which such
claims are made.
(f) Buyer/Customer/Individual was informed that an Engineer Stamp was not used
with some of these products. If an Engineer stamp is needed for any project,
it will be Buyers responsibility, and carry all financial responsibility to
do so. Now or later. Even if a request is submitted to Accrue Welding directly,
at which point Accrue Welding will at our discrepancy choose an Engineering
Firm. In cases of ANSI Code requirements, and/or Engineering Stamps for designs,
and approvals, catastrophic failures, Permits, etc. Accrue Welding has three
different engineering firms that we would recommend for these types of services:
chairlift engineering, surveying, chair lift profile,chair lift design modifications,
failure analysis, welding and joining, materials characterization and testing,
mechanics of materials, fracture mechanics, and materials selection, litigation
cases and industrial consulting, forensic engineering and in the real world
of manufacturing and product applications solving complicated engineering problems
upon your request.
9. FIRE DAMAGE, Accrue Welding's policy is that every Buyer/Customer/Individual
will take all, and full responsibility, for all, fire pre-safety preparation,
fire watch, and post fire safety, at all times. the Buyer/Customer/Individual
shall defend, indemnify and hold harmless Accrue Welding and all of its agents,
employees, suppliers and subcontractors from and against all claims, damages,
losses and expenses (including but not limited to attorney's fees) arising
out of any fire claim damage made, related to Accrue Welding. Accrue Welding
will not be held responsible in any claim made. If Accrue Welding is to be
held accountable by Buyer/Customer/Individual for this service, this service
will be billed/invoiced accordingly, for this additional labor rate.
10. INDEMNIFICATION: To the fullest extent
permitted by law, the Buyer/Customer/Individual shall defend, indemnify and
hold harmless Accrue Welding and all of its agents, employees, suppliers and
subcontractors from and against all claims, damages, losses and expenses (including
but not limited to attorney's fees) arising out of or resulting from the performance
of Accrue Welding under the contract or purchase order, or services render,
to the extent caused in whole or in part by any act or omission, whether negligent
or otherwise, of the Buyer/Customer/Individual.
Buyer/Customer/Individual
hereby specifically agrees to save harmless and indemnify Accrue Welding against
all claims for damages, including without limitation all costs and attorneys
fees incurred by Accrue Welding resulting from any suit or suits arising from
alleged infringement of patents, designs, copyrights, or trade names with respect
to all goods manufactured, either in whole or in part, to Buyer/Customer/Individual's
designs or specifications.
11. FORCE MAJEURE: Accrue Welding shall not be liable for any delay
in or failure of performance hereunder due to any contingency beyond its reasonable
control, including but not limited to: an act of nature; war; civil commotion;
sabotage; labor dispute; explosion; fire; accident; power or equipment failure;
inability to obtain suitable or sufficient labor, fuel, power, or material;
delay of carrier; embargo; or law, ordinance, rule or regulation, whether valid
or invalid, including but not limited to priority, requisition, allocation,
or price control.
12. GOVERNING LAW: This agreement and the legal relationship between
Buyer/Customer/Individual and Accrue Welding in regard to this transaction
shall be governed by and construed in accordance with the laws of the State
of Pennsylvania.
13. MISCELLANEOUS: Headings used herein are for convenience only
and not for interpretation. The failure of Accrue Welding to notify Buyer/Customer/Individual
of any default or breach hereunder shall not constitute a waiver of such default
or breach.
14. RETURNING PRODUCT: Authorization and shipping instructions
for the return of any goods must be obtained by the Buyer/Customer/Individual
from Accrue Welding before returning the goods. In no event will Accrue
Welding be responsible for goods returned without proper authorization and
identification.
15. PROPRIETARY RIGHTS: Any order, or services rendered based upon
this quotation shall be the sale of finished goods, and services rendered only. All
design, manufacturing processes, manufacturing information, drawings, technical
data, know-how, inventions, trade secrets, vendor sources, equipment, tooling
or, other hardware, software, or information developed, acquired, or utilized
(excluding only such items provided specifically by Buyer/Customer/Individual)
by Accrue Welding in the performance of that order, or services rendered are
and shall hereinafter remain the exclusive property of Accrue Welding, and
Buyer/Customer/Individual shall acquire or receive no rights or title therein
or thereto. In the event the order, or services rendered provides for
Accrue Welding's delivery of technical data, drawings, or other information
to Buyer/Customer/Individual in addition to the finished goods, Buyer/Customer/Individual
acquires no proprietary rights or title to such information, and may possess
and use such information solely in conjunction with Buyer/Customer/Individual's
use of the specific goods sold hereunder. Absent Accrue Welding's prior
written consent, in no event shall Buyer/Customer/Individual permit such data,
drawings, or information to be: 1) disclosed or distributed to any third parties;
2) used by the Buyer/Customer/Individual for manufacture of like or similar
goods; 3) used for purposes of duplicating or reverse-engineering Accrue Welding's
proprietary design or process; or 4) used by a party other than the Buyer/Customer/Individual
for any purpose.
16. NEW POLICY beginning 1/2004:
The use of Accrue Welding's Equipment, welder, tools, and gear : use in mountainous
terrain, or other harsh environmental conditions will be employed at the sole
financial responsibility of Buyer/Customer/Individual, when a request verbal
or written, is made by Buyer/Customer/Individual to use Accrue Welding's equipment,
used or new, to access those work areas with Accrue Welding's vehicle, or mode
of transportation, welder, tools, or gear, to do said job/project.
(i) Upon Accrue Welding's demand, Buyer/Customer/Individual will reimburse
Accrue Welding for such amounts totaling the cost of damage, to Accrue Welding's
equipment as stated above. Estimations for replacement cost or costs, will
be decided by an authorized dealer or manufacturer, Accrue Welding reserves
this right without prejudice, and this estimation will not be done by either
party either Accrue Welding or Buyer/Customer/Individual. Unless acceptable
written terms are agreed upon.
(ii) Buyer/Customer/Individual has the freedom of choice and right to use their
own equipment, to access this type of terrain, or harsh environment with their
own equipment, or use their own mode of transportation, welder, tools, or gear,
in place of Accrue Welding's. This policy is designed to protect Accrue Welding
for the losses of company equipment and gear, because of many years of customer
abuse. Then when something is said about it by me, denial of replacement, or
repairs has not been made, on too many occasions.
(iii) Accrue Welding will also allow at its sole discretion Buyer/Customer/Individual
to replace, repair, anything mentioned herein, Individually, or in-house by
that Buyer/Customer/Individual and their maintenance staff or Individual, when
possible. This must meet the standards set in place by an authorized dealer
or manufacturer.
Public notification about this document had been made in the past, if you have
lost your copy it can now also be found on Accrue Welding's Website @ www.accruewelding.com.
17. Links - Beginning 1/2006
Accrue Welding will not be held liable - legal or otherwise for any services,
pricing, contracts, scheduling, or misrepresentation from any link source
services found at and on our links page. Either at www.accruewelding.com,
or www.artistokrat.com. These are Websites, Companies and Services who we
have no control over, nor are we responsible for them or their claims, and
these links are provided to you only as a convenience to you. These Companies
or Services have been found worthy to be posted with us, but Accrue Welding
cannot, and will not be held responsible for their individual services, or
claims. Buyer/Customer/Individual shall defend, indemnify and hold harmless
Accrue Welding and all of its agents, employees, suppliers and subcontractors
from and against all claims, damages, losses and expenses (including but
not limited to attorney's fees) arising out of or resulting from the performance
of Accrue Welding under the contract or purchase order, or services render,
to the extent caused in whole or in part by any act or omission, whether
negligent or otherwise, of the Buyer/Customer/Individual, or anyone else
here on Earth.
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