Last Updated: January 2023
This Privacy Policy describes how we at ESAB Corporation and our family of companies, including our affiliates and subsidiaries (collectively, “we” or “ESAB”) collect, use and share the Personal Information that we gather through the ESAB website and digital platforms that are owned and operated by ESAB and that link to this Privacy Policy (collectively, the “Services”).
Please ensure that you have read and understood our collection, storage, use and disclosure of your Personal Information, as described in this Privacy Policy.
This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your Personal Information, we will prominently post notice of the changes on the Services and update the effective date above. If you have any questions about this Privacy Policy or our information practices, please contact us using the options provided below.
ESAB and/or its affiliates and subsidiaries who owns and operates the Service that you are visiting will be the data controller responsible for the collection and use of your Personal Information.
When we use the term “Personal Information,” we mean information that can be used to identify you as an individual person, either directly or indirectly. We collect several categories of Personal Information through our Services, including information you provide, information collected automatically from your device, and information we obtain from third-party sources. We use and share this Personal Information for the purposes described below.
We also rely on different legal bases for processing your Personal Information, and these are also described below. When your consent is relied upon, it will be sought on an opt-in basis where required by applicable laws and you may withdraw your consent at any time, as further detailed in Section F, below. When we rely on the contract between you and us to process your Personal Information, the absence or inaccuracy of such information may impede our ability to fulfill all our obligations to you.
We collect Personal Information you voluntarily submit on the ESAB website and Services, for example when you enter the information into form fields on our Services. For example, we may collect:
| Category of Personal Information | Purposes of Processing | Legal Bases for Processing* |
|---|---|---|
| Contact Information, such as your name, address, email address and phone number when you use our Services. | To authenticate and administer your ESAB online user account; | Legitimate interests, namely, to provide access to your ESAB user account, unless there is a contract in place with you then our legal basis will be performance of a contract with you. |
| To provide our ESAB website and related Services to you; | Legitimate interests, namely, to provide our Services to you, unless there is a contract in place with you then our legal basis will be performance of a contract with you. | |
| To communicate with you about your use of our Services (i.e. responding to requests or enquiries that you make via one of our contact mechanisms or providing you with necessary service / product safety alerts or updates in connection with your order); | Legitimate interests, namely, to allow us to communicate with you about our Services or your requests, unless there is a contract in place with you then our legal basis will be performance of a contract with you. | |
| To process transactions or orders requested by you and to respond to customer service requests about our goods and services; | Performance of a contract | |
| To provide updates, news alerts and promotional materials from ESAB (when you sign up to receive or request such updates). | Legitimate interests, namely, to provide you with the requested updates. Your consent, where required. |
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| Demographic Information, such as your age, information about your household, product preferences and other interests. | To better understand and analyze our customer population, support our operations including inventory and product management, to deliver relevant offers and ads, to improve our products and services including the Services | Legitimate interests, namely, to tailor our Services so that they are appropriate to you. Your consent, where required. |
| Online Purchase Information – in some jurisdictions, we collect purchase details and other order transaction details when you submit an order through our online order portal. | We use this information to process the purchases you make online and to ensure the delivery of purchased products and services to you. | Performance of a contract with you. |
| Providing you with coupons, promotional information, loyalty offers, prize offers and other information that are personally tailored to your interests and purchase behavior. | Legitimate interests, namely, to provide you with offers related to our Services. Your consent, where required. |
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| Customer Service Information – in some jurisdictions, if you have purchased goods and/or services from us, we may process Personal Information (for instance your feedback) regarding your use of these goods and/or services. | Improve our customer service and satisfaction, improve products/services | Legitimate interests in building and maintaining our clientele and adapting our products and Services to meet client requirements |
| Employment Application / Recruitment Information – including your contact information, employment and education history, and other information you include in your CV/resume or application materials, as well as information collected for background checks where required | (i) To process and evaluate job applications you submit to us and to communicate with you about your job applications and requests; (ii) To maintain a candidate database. | To enter into a contract with you. In relation to the retention of candidate data, we rely on legitimate interests, namely the identification of suitable candidates and roles for candidates. (For Germany only: Necessary for the hiring decision or, after hiring, for carrying out the employment relationship.) |
As is true of most digital platforms, we gather certain information automatically when you use our Services. We use this information to provide you with the features and functionality of the ESAB website and user account portals. We typically collect this information through a variety of tracking technologies, including cookies (for more information on how we use cookies and similar technologies, please see our Cookie Policy):
| Category of Personal Information | Purposes of Processing | Legal Bases for Processing |
|---|---|---|
| Log Files and information about your device including IP addresses, browser type, internet service provider, referring/exit pages, operating system, date/time stamp and/or clickstream data. | To maintain the security of our Services, for fraud or criminal detection, and to protect our Services from malicious security threat or unauthorized access. | Legitimate interests, namely to protect our Services and you from any security threats. Your consent, where required. |
| We may use this information to monitor and improve the Services, resolve issues and to inform the development of new products and services. | Legitimate interests, namely, to provide efficient and functioning Services to you. Your consent, where required. |
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| Information about how you access and use the Services. For example, how frequently you access the Services, how long you use the Services for, the pages you visit and other behavioural activities whilst using the Services. | We may use this information to monitor and improve the Services, resolve issues and to inform the development of new products and services. | Legitimate interests, namely, to provide efficient and effective Services to you. Your consent, where required. |
| To obtain insights into usage patterns of the Services and how the Services are being used. | Legitimate interests, namely, to improve the functionality of our Services that you access. Your consent, where required. |
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| Conducting market research, surveys, and similar inquiries to help us understand trends and customer needs; | Legitimate interests, namely, to communicate with you about our Services. Your consent where required. |
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| Location Information including latitude, longitude, date and time (the precision of this data varies greatly and is determined by factors controlled by your device or mobile service provider) | To offer you certain location-based services, such as delivering advertisements that are relevant to your particular location, and to conduct analytics to improve the Services. You may disable the collection of your location information in your device’s settings. Please be advised that we may not be able to provide location-based services to you if you choose to do so. | Legitimate interests, namely, to improve our Services that are delivered to you. Your consent, where required. |
We may obtain certain Personal Information about you from third party sources, which we may use to serve our legitimate interests, comply with legal obligations, perform a contract, or in some cases, in accordance with your consent.
We will retain your Personal Information for as long as is necessary to achieve the purposes set out in this Privacy Policy, unless a longer period is required under applicable law.
To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorised use or disclosure of your Personal Information, the purposes for which we process your Personal Information and the applicable legal requirements.
We share your Personal Information with third parties, where necessary, in the ways described in this Privacy Policy. We may share your Personal Information within our family of companies, with service providers and business partners, in connection with business transfers and to comply with the law, protect health and safety and enforce our legal rights.
We share your Personal Information such as your name, email address, address, telephone number, products requested or ordered, and IP address with third-party service providers who complete transactions or perform services on our behalf or for your benefit. For example, payment processing, courier or delivery services whenever you submit an order to us through our online portal, marketing and analytics to help us to improve our Services and facilitate our delivery of appropriate content to you, processing employment applications and performing human resources administration whenever you submit a job application to us or to verify customer data for security related purposes.
We may share your Personal Information with affiliated legal entities within our family of companies for purposes and uses that are consistent with this Privacy Policy.
We may share your Personal Information with business partners, such as our distributors, in order to provide you with our Services.
We may disclose your Personal Information to legal or government regulatory authorities as required by applicable law. We may also disclose your Personal Information to third parties as required by applicable law in connection with claims, disputes or litigation, when otherwise required by applicable law, or if we determine its disclosure is necessary to protect the health and safety of you or us, or to enforce our legal rights or contractual commitments that you have made.
Your Personal Information may be disclosed as part of a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets, and could be transferred to a third party as one of the business assets in such a transaction. It may also be disclosed in the event of insolvency, bankruptcy or receivership. You will be notified via email or a prominent notice on any affected Service of any change in ownership or uses of Personal Information, as well as your choices regarding Personal Information about you.
Security. We are committed to taking appropriate measures designed to keep your personal information secure. Our technical, organizational and physical measures are designed to protect personal information from accidental, unlawful or unauthorized loss, access, disclosure, use, alteration, or destruction. While we make efforts to protect our information systems, no website, mobile application, computer system, or transmission of information over the internet or any other public network can be guaranteed to be 100% secure. We will never contact you by phone requesting your credit or debit card information or national identification numbers.
Where we use service providers who might have access to your Personal Information, we select them carefully and require them to have privacy and security standards that are comparable to ours. We use contracts and other measures with our service providers to ensure that they maintain the confidentiality and security of your Personal Information and prevent such information from being used for any other purpose.
International Transfers of your Personal Information. The Personal Information we collect may be transferred to and stored in countries outside of the jurisdiction you are in where we transfer within our family of companies and/or to the third parties discussed above. On occasion your Personal Information may be processed outside of the jurisdiction in which you are resident, these international transfers of your Personal Information will be made pursuant to appropriate safeguards where required by applicable law, including:
We will take appropriate steps to ensure that your Personal Information is treated securely and in accordance with applicable law and this privacy policy regardless of where it is processed. Please note that when your Personal Information is located outside the jurisdiction you are in it will be subject to the laws of the country in which it is situated.
If you wish to enquire further about the safeguards we use, or our policies and procedures with respect to transferring your Personal Information outside the jurisdiction you are in, please contact us using the details set out at the end of this Privacy Policy.
We process all Personal Information in line with your rights, in each case to the extent required by and in accordance with applicable law.
In accordance with applicable privacy law you may have the following rights in respect of your Personal Information that we hold:
We are committed to protecting the privacy of children. Our Services are not directed to, and we do not intend to or knowingly collect or solicit Personal Information online from children under the age of 18. If you are under the age of 18, please do not provide us with any Personal Information. If you become aware that your child has provided us with Personal Information, without your consent, then please contact us using the details below so that we can take steps to delete such information as quickly as possible.
The Services may include links to websites and digital services operated by third parties. This Privacy Policy does not apply to, and we are not responsible for the content, privacy policies or data practices of third parties that collect your information. We encourage you to review the privacy policies for those third parties to learn about their information practices.
The Services may feature social media “share” buttons and widgets hosted by other companies. These features may collect your IP address, which page you are visiting on our Service and may set a cookie to enable the feature to function properly. The loading, functionality and your use of the plugins are governed by the privacy policy and terms of the third party that provided the plugin.
Some of our Services may enable users to submit their own content for contests, blogs, videos, and other functions. Please remember that any information you submit or post as user-generated content to the Services become public information. You should exercise caution when deciding to disclose your personal, financial or other information in such submissions or posts. We cannot prevent others from using such information in a manner that may violate this Privacy Policy, the law, or your personal privacy and safety. We are not responsible for the results of such postings.
If you have opted into our marketing communications (or where permitted by law, if you have provided us with your contact information), we may send you email messages, direct mail offers, push notifications or other communications regarding products or services depending on the method of communication selected. You may ask us not to do so when you access our websites or mobile applications, or change your preferences by updating any accounts you have with us. At any time, you may elect to discontinue receiving commercial messages from us by submitting an opt-out request to the contact information below or by following the unsubscribe instructions in the form of the communication you received, as described below.
To opt out of receiving printed marketing materials at your postal address, such as advertisements, flyers or postcards, please write to us at the address below. Please be sure to include your name and mailing address exactly as they appear on the printed marketing materials you received.
To opt out of receiving marketing communications via email, please send an unsubscribe request to the email address below or click on the unsubscribe link at the bottom of the email that was sent to you and follow the directions on the resulting web page. Please note that you may continue to receive certain transactional or account-related electronic messages from us which are necessary in connection with the Services.
If you have consented to receive text messages, you may opt out of receiving them by using the method provided in the text message or by contacting us as set forth in the Contact Us section below.
To opt out of receiving push notifications, please set your preferences within your device setting menu.
Certain websites, mobile applications or other digital properties included in the Services may contain additional disclosures related to your privacy, which will apply to your use of such Service in addition to this Privacy Policy.
If you have any questions, comments, requests or concerns about this Privacy Policy or other privacy-related matters, you may contact ESAB Corporation’s Data Protection Officer, in the following ways:
This Privacy Policy is subject to occasional revision. If we make any material changes in the way we use your Personal Information, we will prominently post a notice of the changes on the Services, notify you by email where practicable and update the effective date above.
*For Canadian residents, your Personal Information will only be processed with your consent, which may be expressed or implied depending on the circumstances.
This China Addendum (“China Addendum”) supplements the ESAB Privacy Policy and applies to the collection, storage, use and disclosure of your Personal Information by ESAB to the extent that any data protection law of the People’s Republic of China (excluding Hong Kong, Macau, and Taiwan) (“China”) applies, and in case of any inconsistencies between this China Addendum and the ESAB Privacy Policy, this China Addendum prevails. To the extent that this Addendum or the ESAB privacy policy are inconsistent with applicable law, they shall be deemed amended to the extent required to comply with such applicable law.
The legal bases for processing under Chinese law are set forth below.
| Category of Personal Data | Purposes of Processing | Legal Bases for Processing |
|---|---|---|
| Contact Information, such as your name, address, email address and phone number when you use our Services. | We may use your Contact Information for the following purposes: To authenticate and administer your ESAB online user account; |
Entering into or performance of a contract (including, such as our website Terms of Use) with you. |
| To provide our ESAB website and related Services to you; | Entering into or performance of a contract with you. Your consent, where a contract has not been entered into with you. |
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| To communicate with you about your use of our Services (i.e. responding to requests or enquiries that you make via one of our contact mechanisms or providing you with necessary service / product safety alerts or updates in connection with your order); | Entering into or performance of a contract with you. Your consent, where a contract has not been entered into with you. |
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| To process transactions or orders requested by you and to respond to customer service requests about our goods and services; | Performance of a contract with you. Your consent, where a contract has not been entered into with you. |
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| To provide updates, news alerts and promotional materials from ESAB (when you sign up to receive or request such updates). | Your consent. | |
| Demographic Information, such as your age, information about your household, product preferences and other interests. | To better understand and analyze our customer population, support our operations including inventory and product management, to deliver relevant offers and ads, to improve our products and services including the Services | Your consent. |
| Online Purchase Information – in some jurisdictions, we collect purchase details and other order transaction details when you submit an order through our online order portal. | We use this information to process the purchases you make online and to ensure the delivery of purchased products and services to you. | Performance of a contract with you. |
| Providing you with coupons, promotional information, loyalty offers, prize offers and other information that are personally tailored to your interests and purchase behavior. | Your consent. | |
| Customer Service Information – in some jurisdictions, if you have purchased goods and/or services from us, we may process Personal Information (for instance your feedback) regarding your use of these goods and/or services. | Improve our customer service and satisfaction, improve products/services | Your consent. |
| Employment Application / Recruitment Information – including your contact information, employment and education history, and other information you include in your CV/resume or application materials, as well as information collected for background checks where required | To process and evaluate job applications you submit to us and to communicate with you about your job applications and requests | Entering into a contract with you. Your consent, where a contract has not been entered into with you. |
| Category of Personal Data | Purposes of Processing | Legal Bases for Processing |
|---|---|---|
| Log Files and information about your device including IP addresses, browser type, internet service provider, referring/exit pages, operating system, date/time stamp and/or clickstream data. | To maintain the security of our Services, for fraud or criminal detection, and to protect our Services from malicious security threat or unauthorised access. | Performance of our statutory security obligations. Performance of a contract with you. Your consent, where required. |
| We may use this information to monitor and improve the Services, resolve issues and to inform the development of new products and services | Performance of a contract with you. Your consent, where required. |
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| Information about how you access and use the Services. For example, how frequently you access the Services, how long you use the Services for, the pages you visit and other behavioural activities whilst using the Services. | We may use this information to monitor and improve the Services, resolve issues and to inform the development of new products and services | Performance of a contract with you. Your consent, where required. |
| To obtain insights into usage patterns of the Services and how the Services are being used. | Performance of a contract with you. Your consent, where required. |
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| Conducting market research, surveys, and similar inquiries to help us understand trends and customer needs; | Your consent. | |
| Location Information including latitude, longitude, date and time (the precision of this data varies greatly and is determined by factors controlled by your device or mobile service provider) | To offer you certain location-based services, such as delivering advertisements that are relevant to your particular location, and to conduct analytics to improve the Services. You may disable the collection of your location information in your device’s settings. Please be advised that we may not be able to provide location-based services to you if you choose to do so. | Performance of a contract with you. Your consent, where applicable. |
Information regarding any of your financial accounts may be considered “sensitive personal information” under Chinese law. We process such information only as necessary to enter into or perform our contract with you (i.e., our transactions with you). We will adopt strict security measures when processing your sensitive personal information.
We may share your Personal Information with third parties in the ways described in the ESAB Privacy Policy. We may share your Personal Information to other personal information processors if we have a legal basis other than your consent, such as to enter into and perform our contract with you.
In addition to your rights in respect of your Personal Information as described in the ESAB Privacy Policy, please note that under Chinese law, after an individual passed away, unless they had arranged otherwise before their death, their next of kin may, for their own lawful and legitimate interests, exercise the individual rights of the deceased to access, reproduce, rectify or erase the personal information of the deceased.
In addition to your rights in respect of your Personal Information as described in the ESAB Privacy Policy, if you are located in Brazil, in accordance with the Brazilian General Data Protection Law (Law No 13.709/2018) you may also have the right to request information on the public and private entities with which the Controller has shared your Personal Information.
If you are a resident of the State of Nevada in the United States, Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. To submit such a request, please contact us at privacy@esab.com with the subject line, “Nevada Opt-Out Request.”
In accordance with applicable privacy law, and depending upon the jurisdiction in which you reside, you may have some or all of the following rights in respect of your personal information:
To Exercise Your Right to Access, Correction, or Deletion. Please submit a request by emailing us at privacy@esab.com with the subject line, “Privacy Rights Request”.
Before processing your request, we will need to verify your identity and confirm you are a resident of a state that offers such right(s). In order to verify your identity, we will generally either require the successful authentication of your account, or the matching of sufficient information you provide us to the information we maintain about you in our systems. This process may require us to request additional personal information from you, including, but not limited to, your email address, phone number, and/or date of last interaction on our Services.
In certain circumstances, we may decline a request to exercise the rights described above, particularly where we are unable to verify your identity or locate your information in our systems. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.
To Exercise Your Right to Opt-Out and Control Your Sensitive Personal Information. Unless you have exercised your Right to Opt-Out, we may disclose or “sell” your personal information to third parties for monetary or other valuable consideration, or use your information for all the purposes described in our Privacy Policy, including for targeted advertising and certain profiling activities. The third parties to whom we sell or disclose personal information may use such information for their own purposes in accordance with their own privacy statements. If you have provided your consent to process your sensitive personal information, you may opt-out at any time (subject to certain exceptions).
You do not need to create an account with us to exercise your Right to Opt-Out. However, we may ask you to provide additional personal information so that we can properly identify you to track compliance with your opt-out request. We will only use personal information provided in an opt-out request to review and comply with the request. If you choose not to provide this information, we may only be able to process your request to the extent we are able to identify you in our data systems. We may not process your request if we, in good faith, believe that the request is fraudulent. In such instances, we will send a notice to the requestor explaining our decision.
To exercise the Right to Opt-Out of personal information sharing for targeted advertising purposes, certain profiling activities, or data “sales,” or to revoke your consent to our collection of sensitive personal information, you may submit a request by emailing us at privacy@esab.com with the subject line, “Opt-Out Privacy Request.”
If you are a resident of the State of California, these additional California-specific privacy disclosures (the “CA Disclosures”) apply to you. These CA Disclosures supplement the information contained in our Privacy Policy above and apply solely to individual residents of the State of California (“consumers” or “you”). These CA Disclosures describe how we collect, use, disclose, and otherwise process personal information of individual residents of the State of California, either online or offline, within the scope of the California Consumer Privacy Act of 2018 (“CCPA”). Consumers with disabilities may access these CA Disclosures by contacting privacy@esab.com for an alternative format of these CA Disclosures.
Unless otherwise expressly stated, all terms in these CA Disclosures have the same meaning as defined in our Privacy Policy or as otherwise defined in the CCPA. When we use the term “personal information” in these CA Disclosures, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
We collect personal information from and about consumers for a variety of purposes. To learn more about the types of personal information we collect, the sources from which we collect or receive personal information, and the purposes for which we use this information, please refer to the “How We Collect, Use and Retain Personal Information” section of our Privacy Policy.
Categories of Personal Information Collected. In the past 12 months, we have collected the following categories of personal information about California consumers:
Categories of Sensitive Personal Information Collected. In the past 12 months, we have collected the following categories of sensitive personal information of California consumers:
Categories of Sources. We collect this personal information from a variety of sources, including: directly from you, from your employer or organization, from our customers and other uses, from our business partners and affiliates, from your browser or device when you use our Services, or from third parties that you permit to share information from us.
As described in the “How We Share and Disclose Personal Information” section of our Privacy Policy, we share personal information with third parties for business purposes or we may sell your personal information to third parties, subject to your right to opt out of those sales.
The categories of third parties to whom we sell or disclose your personal information for a business purpose may include: (i) other brands and affiliates in our family of companies; (ii) our service providers and advisors; (iii) marketing and strategic partners; (iv) analytics providers; (v) social networks; and (vi) law enforcement.
In the past 12 months, we may have disclosed all of the categories of personal information we collect, explained in the “Collection and Use of Personal Information” section of these CA Disclosures, to third parties for business purposes.
In the past 12 months, we may have “shared” the following categories of personal information to third parties, subject to your settings and preferences and your right to opt-out: (i) Identifiers, (ii) Commercial Information, (iii) Internet / Network Information, and (iv) Inferences.
In addition, please see our Cookie Policy to learn how third-party advertising networks, social media companies, and other third-party entities collect and disclose your personal information directly from your browser or device through cookies or other data collection technologies when you visit or interact with our Service or otherwise engage with us.
Your Rights Regarding Personal Information. California residents have certain rights with respect to the personal information collected by businesses. If you are a California resident, you may exercise the following rights regarding your personal information, subject to certain exceptions and limitations:
| The Right to Access/Know | You have the right to confirm whether we are processing your personal information and, where required by applicable law, to obtain certain personalized details about the personal information we have collected about you. You also have the right to obtain access to the personal information we have collected about you and, where required by law, the right to obtain a copy of the personal information, subject to certain exceptions. |
| The Right to Request Deletion | You have the right to request the deletion of personal information we have collected from you, subject to certain exceptions. |
| The Right to Correction | You have the right to request that any inaccuracies in your personal information be corrected, taking into account the nature of the personal information and the purposes of the processing of your personal information. |
| The Right to Opt-Out of Sales or Sharing of Personal Information | You have the right to direct us not to “sell” or “share” your personal information we have collected about you to third parties now or in the future. If you are under the age of 16, you have the right to opt in, or to have a parent or guardian opt in on your behalf, to such sales or sharing. We do not have actual knowledge of “selling” or “sharing” personal information of consumers under sixteen (16) years of age. |
| The Right to Limit Use and Disclosure of Personal Information | You have the right to direct us to limit the use of your sensitive personal information to certain purposes, subject to certain exceptions. |
| The Right to Control Over Automated Decision-Making / Profiling | You have the right to direct us not to use automated decision-making or profiling for certain purposes. |
| The Right to Non-Retaliation | You have the right not to receive retaliatory or discriminatory treatment for exercising these rights. However, please note that if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you our products and services or engage with you in the same manner. |
| “Shine the Light” | California residents that have an established business relationship with us have the right to know how their information is disclosed to third parties for their direct marketing purposes under California’s “Shine the Light” law (Civ. Code §1798.83). |
To Exercise Your Right to Access/Know, Correction, or Deletion. To exercise your right to access/know, correction, or deletion, please contact us using the following information with an explanation of the rights you wish to exercise and submit the required verifying information, please email privacy@esab.com.
In certain circumstances permitted by the CCPA or because of a conflict with applicable law, we may deny all or part of a request to exercise the above rights, in which case we will notify you of such denial and the reasons for such denial.
Verification Process and Required Information. Before processing your request, we will need to verify your identity and confirm you are a resident of the State of California. In order to verify your identity, we will generally either require the successful authentication of your account or the matching of sufficient information you provide us to the information we maintain about you in our systems. At a minimum, we will ask you for your name, email address, and telephone number. Note that we may need to request additional information from you to verify your identity or process your request, although you will not be required to create an account with us to submit a request or have it fulfilled.
To Exercise Your Right to Opt-Out of “Sharing.” We “share” personal information with third parties, as such term is defined under the CCPA. The third parties with whom we share personal information may use such information for their own purposes in accordance with their own privacy statements, which may include further sharing of this information to additional third parties.
To exercise your right to opt-out of “sharing,” you may do so by clicking on the “Do Not Sell my Personal Information” link found in the cookie banner at the bottom of your screen.
To Exercise Your Right to Control Over Automated Decision-Making / Profiling. We may process or utilize your personal information for automated decision-making or profiling purposes. You may submit a request to access information about and opt-out of automated decision-making or profiling. To submit such a request, email us at privacy@esab.com.
Authorized Agent. In certain circumstances, you may designate an authorized agent (as that term is defined by the CCPA) to make a CCPA request on your behalf through the designated methods set forth in these CA Disclosures. Before we accept a CCPA request from an agent, we will need to verify the authorized agent’s authority to make the CCPA request on your behalf.
For requests to access/know, correct, or delete personal information, we require the following for verification purposes:
For requests to opt-out of “sales” or “sharing,” or to exercise control over your sensitive personal information or automated decision-making / profiling, we require a signed permission demonstrating your authorized agent has been authorized by you to act on your behalf.
California’s “Shine the Light” Law. If you have an established business relationship with us, you may have the right to know how your information is disclosed to third parties for their direct marketing purposes under California’s “Shine the Light” law (Civ. Code § 1798.83). To make such a request, please send an email with the subject line “Shine the Light Request” to privacy@esab.com.
Notice of Financial Incentives. In addition, we may offer you financial incentives for the collection, sale, retention, and use of your personal information as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs, and/or their terms by posting notice on the program descriptions and terms linked to above, so check them regularly.
Each financial incentive or price or service difference related to the collection and use of personal information is based upon our reasonable, good-faith determination of the estimated value of such information to our business, taking into consideration the value of the offer itself and the anticipated revenue generation that may be realized by rewarding brand loyalty. We calculate the value of the offer and financial incentive by using the expense related to the offer.
Minors’ Right to Opt In. We do not and will not “sell” the personal information of consumers we know to be less than 16 years of age, unless we receive affirmative authorization (the “Right to Opt In”) from either the minor who is between 13 and 16 years of age, or the parent or guardian of a minor less than 13 years of age. Please contact us at privacy@esab.com to inform us if you, or your minor child, are under the age of 16.
If you have any questions or concerns about these CA Disclosures, please contact us at privacy@esab.com.
Please read these terms of an agreement (“IP Terms of Use”) between you and The ESAB, and/or its affiliates and subsidiaries (“ESAB” or “we” or “us”). By downloading or otherwise receiving from ESAB any ESAB trademarks, videos, photographs, logos, graphics, other copyrighted materials, proprietaries, and/or other intellectual properties that are the property of ESAB, you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations, including, but not limited to, export and re-export control laws and regulations.
To the extent these IP Terms of Use conflicts with any other intellectual property terms of use as are agreed in writing by ESAB, the specific terms of such other intellectual property terms of use shall govern intellectual property use. At any time, ESAB may, without notice to you, revise these IP Terms of Use.
The ESAB trademarks, logos, graphics are trademarks or trade dresses of ESAB and are the property of ESAB (“ESAB Trademarks”). The ESAB photographs, videos, and other copyrighted materials are the property of ESAB (“ESAB Copyrighted Materials”). ESAB Trademarks, ESAB Copyrighted Materials, and other ESAB intellectual properties are the property of ESAB and protected by the laws of the United States and/or international treaties (“ESAB IP Materials”).
ESAB grants you a non-exclusive, revocable, non-transferable, non-sublicensable, and limited permission to access and use ESAB IP Materials provided you comply with these IP Terms of Use.
ESAB does not grant you any express or implied rights or license to any ESAB IP Materials. All specific uses of any ESAB IP Materials must be approved in writing in advance by ESAB. ESAB’s silence or failure to respond to requests to use any ESAB IP Materials shall be deemed a denial of consent and does not constitute approval nor may a specific use approval be transferred to any third party without ESAB’s written consent. You may not use ESAB IP Materials unless and until ESAB has granted its specific written approval (by execution of a license agreement or delivery of other written permission).
Your failure to comply with these terms or any other intellectual property terms of use as are agreed in writing by ESAB will result in automatic termination, without prior notice, of any rights granted to you and you must immediately destroy all copies of downloaded ESAB IP Materials in your possession, custody or control and may subject you to further liability.
Your use of ESAB IP Materials is subject to all applicable local, state, national, and international laws and regulations, and you agree not to violate such laws and regulations.
You agree that you may not, including, but not limited to,:
Any attempt to perform any of the restricted actions listed above is a violation of the rights of ESAB. ESAB shall have complete discretion to evaluate your use and to decide whether that use violates any of the restricted actions.
USE OF ESAB IP MATERIALS IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL ESAB IP MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” ESAB DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, WARRANTIES OR CONDITIONS AS TO TITLE, WARRANTIES OR CONDITIONS AS TO DESCRIPTION, WARRANTIES OR CONDITIONS AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT WILL ESAB BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OR DAMAGE TO PROGRAM, OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE ANY ESAB IP MATERIALS, EVEN IF ESAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, INCLUDING CAUSES OF ACTION BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
If any term of these IP Terms of Use may be unlawful, void or for any reason unenforceable, then that term shall be deemed severable from these IP Terms of Use and shall not affect the validity and enforceability of any remaining terms.
No waiver of any term of these IP Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or term under these IP Terms of Use shall not constitute a waiver of such right or term.
The ESAB Group, Inc., and/or its affiliates and subsidiaries (“ESAB” or “we” or “us”) provide this web site to you subject to the terms stated herein. Please read these terms of an agreement (“Terms of Use”) between you and ESAB. By accessing, or using this web site, you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations, including, but not limited to, export and re-export control laws and regulations. If you do not agree to any term provided within these Terms of Use, please do not use this web site.
At any time, ESAB may, without notice to you, revise these Terms of Use and any other information contained in this web site. ESAB may also make improvements or changes in the products, services, or programs described in this web site at any time without notice.
This web site contains contents owned, operated, licensed, and/or controlled by ESAB and includes reference to patents, trademarks, copyrights, proprietary rights and/or other intellectual property rights that are the property of ESAB and are protected by the laws of the United States and/or international treaties (“Web Site Materials”). All other trademarks not owned by ESAB that appear in this web site are the proprietary of their respective owners. Please refer to our Intellectual Property Terms of Use for information regarding ESAB’s intellectual property usage policies.
ESAB grants you a non-exclusive, non-transferable, limited permission to access and display the web pages within this web site provided you comply with these Terms of Use, our Privacy Policy, and Intellectual Property Terms of Use. You may not mirror any content within this web site on another web site, service, application, and/or platform. All other use of this web site is prohibited.
ESAB does not grant you any express or implied rights or license to any Web Site Materials. All specific uses of any Web Site Materials must be approved in writing in advance by ESAB. ESAB’s silence or failure to respond to requests to use any Web Site Materials shall be deemed a denial of consent and does not constitute approval nor may a specific use approval be transferred to any third party without ESAB’s written consent. You may not use Web Site Materials unless and until ESAB has granted its specific written approval (by execution of a license agreement or delivery of other written permission).
Your failure to comply with these terms or any of the terms on this web site will result in automatic termination, without prior notice, of any rights granted to you and you must immediately destroy all copies of downloaded Web Site Materials in your possession, custody or control and may subject you to further liability.
Your use of the web site is subject to all applicable local, state, national, and international laws and regulations, and you agree not to violate such laws and regulations. You agree that you may not, including, but not limited to,:
Any attempt to perform any of the restricted actions listed above is a violation of the rights of ESAB. ESAB shall have complete discretion to evaluate your use and to decide whether that use violates any of the restricted actions.
In order to access and use Partner Portal, Distributor Portal, ESAB University, and Asset Bank (“Services”), ESAB may require that you register for an account (“User Account”). You may register for a User Account by creating a username and password combination (“User Credentials”), and providing certain personally-identifiable information. You are solely responsible for providing and maintaining the accuracy and content of your information. You are also responsible for maintaining the strict confidentiality of your User Credentials and you are responsible for any access to or use of the Services by you or any person or entity using your User Credentials. You agree to immediately notify ESAB of any unauthorized use of your User Credentials or User Account or any other breach of security. It is your sole responsibility to: (a) control the dissemination and use of your User Credentials and User Account; and (b) control access to your User Credentials and User Account. ESAB reserves the right to deny access, use and registration privileges to any user of Services if we believe you have provided inaccurate information or if there is a question about the identity of the person trying to access Services. ESAB shall not be responsible or liable for any loss or damage arising from your failure to comply with this Section.
This web site may provide certain links or references to non-ESAB web sites and/or resources, including, but not limited to, distributors and repair centers over which ESAB has no control. Accordingly, ESAB makes no representations, warranties, other commitments, or endorsements, either directly or indirectly, for the information contained on such non-ESAB web sites and/or resources. Additionally, ESAB accepts no liability, either directly or indirectly, for the information contained on such non-ESAB web sites and/or resources.
ESAB’s goal is to provide a 100% error-free web site, but we do not guarantee that any content is accurate or complete, including, but not limited to, price information and product specifications. ESAB expressly reserves the right to correct any price errors, and if we discover price errors, we may correct prices on this web site, without notice, and the corrected price will apply to your order. Prices offered on this web site may vary from other advertised prices because of varying conditions in different geographic markets. ESAB reserves the right to revoke any stated order and to correct any errors, inaccuracies, or omissions (including after an order has been submitted and accepted). ESAB shall not be liable for any error or omission in, or any failure to update, any content. You are solely responsible for any decisions based on any content within this web site. ESAB reserves the right to make changes to this website at any time without notice.
Any comments or materials sent to ESAB through this web site (“User Content”), including product reviews, answers, questions, ideas, concepts, know-how, techniques, designs or suggestions will be deemed NOT to be confidential. By sending User Content to ESAB, you:
Furthermore, you understand that your use or reliance on any User Content posted on this web site is at your own risk. ESAB is not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of this web site. ESAB has the right, but not the obligation, to:
For information on how we will protect, collect, use, share, and transfer personally-identifiable information when you use this web site, please refer to our Privacy Policy.
All purchase orders from ESAB are made pursuant to Terms and Conditions of Purchase Order posted on this web site or such other purchase order terms and conditions as are agreed in writing by ESAB (“Terms of Purchase Order”). To the extent any Terms of Purchase Order conflicts with these Terms of Use, the specific terms of Terms of Purchase Order shall govern all purchase orders from ESAB.
The price information, product information, graphics, and/or other information published on this web site (“Sales Information”) do not constitute any contractual or other binding commitment on ESAB, nor shall any such Sales Information be construed as an offer or other invitation to purchase or sell goods or services. All sales by ESAB are made pursuant to Terms and Conditions of Sale posted on this web site or such other sale terms and conditions as are agreed in writing by ESAB (“Terms of Sale”). To the extent any specific Terms of Sale conflicts with these Terms of Use and/or Sales Information, the specific terms of Terms of Sale shall govern all sales from and/or to ESAB.
USE OF THIS WEB SITE IS AT YOUR SOLE RISK. ESAB MAKES NO WARRANTY OR GUARANTEE FOR THE AVAILABILITY OF ANY PARTICULAR PRODUCT DISPLAYED ON THIS WEB SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WEB SITE MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” ESAB DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, WARRANTIES OR CONDITIONS AS TO TITLE, WARRANTIES OR CONDITIONS AS TO DESCRIPTION, WARRANTIES OR CONDITIONS AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. ESAB MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. ESAB RESERVES THE RIGHT TO MAKE CHANGES TO THIS WEB SITE AT ANY TIME WITHOUT NOTICE.
IN NO EVENT WILL ESAB BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OR DAMAGE TO PROGRAM, OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE ANY WEB SITE MATERIALS, EVEN IF ESAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, INCLUDING CAUSES OF ACTION BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
If any term of these Terms of Use may be unlawful, void or for any reason unenforceable, then that term shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining terms.
No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or term under these Terms of Use shall not constitute a waiver of such right or term.
This is an offer (“Offer”) by ESAB to sell to Buyer the goods identified on the face hereof or in documents incorporating this Offer by reference (the “Goods”). Acceptance by Buyer of this Offer, which, upon acceptance, constitutes the contract for ESAB to sell and Buyer to buy the Goods, is expressly and exclusively limited to these terms, conditions and limitations. Buyer can reject this Offer by not ordering Goods, and Buyer will accept this Offer by ordering or receiving Goods. This Offer does not constitute an acceptance by ESAB of any offer or counteroffer of Buyer and serves as a written rejection of any additional, different, or inconsistent terms, conditions or limitations contained in or incorporated by reference in any forms, purchase orders or other documents of Buyer that already have been or hereafter shall be presented to ESAB with respect to this Offer. If, notwithstanding the foregoing, this Offer is deemed by a court, arbitrator or other Third Party with binding legal authority over the enforcement of this Offer to be an acceptance of an offer or counteroffer by Buyer, that acceptance is expressly made conditional on Buyer’s assent to the terms, conditions and limitations set forth in this Offer and waiver of the terms, conditions and limitations set forth by the offer or counteroffer of Buyer. In any case, upon acceptance by Buyer, this Offer constitutes the entire agreement between ESAB and Buyer with respect to the matters specified in this Offer and supersedes all of their prior and contemporaneous agreements and understandings, negotiations, inducements, representations or conditions, whether oral or written, whether express or implied, with respect to such matters. The terms, conditions, and limitations set forth in this Offer can be modified, altered, or added to only by a subsequent written instrument signed by an authorized representative of ESAB. Failure by ESAB to enforce any of the terms, conditions and limitations of this Offer shall not constitute a waiver of those terms, conditions and limitations or a waiver of any other terms, conditions or limitations in this Offer, and the failure of ESAB to exercise any right arising from default of Buyer or otherwise shall not constitute a waiver of that right or any other rights. No inconsistent course of dealing or course of performance between ESAB and Buyer, or usage of trade or industry custom, if any, prior to, contemporaneous with or subsequent to the making of this Offer shall waive, vary, serve to explain or serve to interpret any of the terms, conditions and limitations of this Offer.
As used in this Offer, “ESAB” means The ESAB, a Delaware corporation and all of its affiliates as they may exist from time to time. For purposes of the limitations of liability and remedies set forth by Section 11 of this Offer and the indemnification provisions set forth by Section 12 of this Offer, “ESAB” shall include, where appropriate, all directors, officers, employees, agents, and representatives of ESAB. “Buyer” means the party purchasing the Goods, including any affiliates, as they may exist from time to time. “Third Party” means every person, government entity, or other entity other than ESAB and Buyer. Whenever a term defined by the New York Uniform Commercial Code (“Code”) is used in this Offer, the definition contained in the Code shall control its meaning.
Unless otherwise specified on the face of this Offer or agreed to by ESAB in writing, prices individually proposed by ESAB or set forth in its price schedule at the time of the Offer shall be ESAB’s valid offered sales prices for the Goods, provided that ESAB reserves the right to change the price of any Good prior to shipment. ESAB also has the complete and absolute discretion to modify or to discontinue any goods, including the Goods, at any time. Requests for additional goods cannot be accepted as part of this Order after any portion of this Order has been processed. ESAB reserves the right to limit the quantity of Goods supplied under this Offer on the basis of availability.
Unless otherwise specified on the face of this Offer or agreed to by ESAB in writing, payment terms are Net 30 days from the date of invoice, and ESAB may assess a 1.5% per month late charge or the maximum late charge permitted by applicable law, if less, on past due payments for Goods. All prices for Goods shall be paid in U.S. currency. In the event of anticipatory breach of this Offer by Buyer, if Buyer fails to make timely payment for any order of any goods, including the Goods, from ESAB, or if ESAB has any doubts at any time regarding Buyer’s ability to pay its costs and expenses as they accrue, ESAB may (a) require full or partial payment in advance for any goods, including the Goods, or (b) cancel any further deliveries on any orders of goods, including the Goods, except upon receipt of cash or satisfactory security. If pursuant to this provision, ESAB shall defer any shipments or cancel in whole or in part the delivery of the Goods under this Offer, Buyer shall be liable for and reimburse ESAB for all losses, expenses, and damages, including any and all direct and consequential damages, incurred by ESAB as a result of the deferral or cancellation.
For all Goods shipped to Buyer locations in the United States of America (“U.S.”), orders received with less than a published net price value of $50.00 will be invoiced at the minimum order value of $50.00. For export Buyers, orders received with less than a published net price value of $100.00 will be invoiced at the minimum order value of $100.00.
Credit card payments to ESAB are limited for immediate cash purchases, at List prices, with payment occurring at time of billing and shipping. Early payment discounts cannot be combined with credit card payment.
Buyer acknowledges that Buyer must submit any disputes concerning ESAB invoices to ESAB’s Accounts Receivable Team via email at ar@esab.com and any pricing concerns to ESAB’s pricing team at pricingadminstrator@esab.com within 60 days of the events giving rise to such dispute and all submissions shall include sufficient background and supporting information, including but not limited to remittance number/information. Any claims Buyer may have concerning a pricing and/or invoice disputes reported to ESAB more than 60 days from the events giving rise to such dispute shall be deemed waived by Buyer.
For Buyer purchase orders receiving pricing discounts, other than list pricing, credit card payments cannot be used.
Unless otherwise specified on the face of this Offer, the purchase price of the Goods does not include transportation taxes and sales, use, excise, import or any similar tax or other governmental charge arising in connection with the sale, purchase, manufacture, processing, fabrication, delivery, storage, use, consumption, or transportation of the Goods. The amount of any transportation taxes, and any present or future sales, use, excise, import or any similar tax or other governmental charge applicable to this Offer and to the sale and/or furnishing of the Goods shall be deemed extra charges and shall be invoiced to and paid by Buyer.
ESAB shall not be liable for its failure to perform under this Offer due to circumstances beyond its control, including, without limitation, fire, flood, earthquake, pestilence or similar catastrophe; war, act of terrorism, or strike; lack or failure of transportation facilities, shortage of suitable parts, materials or labor; any existing or future law, proclamation, or order of any governmental agency; inability to secure fuel, materials, supplies, equipment or power at reasonable prices or in sufficient amounts; act of God or the public enemy; or any other event or cause beyond ESAB’s reasonable control, including, without limitation, any delay caused by Buyer (each, a “Force Majeure”). If any Force Majeure prevents ESAB’s performance of any of its obligations under this Offer, ESAB shall have the right to (a) change, terminate or cancel this Offer or (b) omit during the period of the Force Majeure all or any portion of the quantity of the Goods deliverable during that period, whereupon the total quantity deliverable under this Offer shall be reduced by the quantity omitted. If due to any Force Majeure ESAB is unable to supply the total demands for any Goods to be delivered under this Offer, ESAB shall have the right to allocate its available supply among its customers in whatever manner ESAB deems to be fair and equitable. In no event shall ESAB be obligated to purchase materials from other than its regular sources of supply in order to enable it to supply Goods to Buyer under this Offer. No change, cancellation or proration by ESAB shall be deemed to be a breach of any provision, term, condition, or covenant of this Offer.
Shipping dates are provided to Buyer on the basis of ESAB’s best estimate for informational purposes only and are not guaranteed.
Unless otherwise specified on the face of this Offer, all domestic deliveries of the Goods shall be F.O.B. ESAB’s shipping point, and all international deliveries of the Goods shall be Ex Works per the International Chamber of Commerce’s INCOTERMS 2000. Risk of loss for all of the Goods and responsibility for insurance coverage therefore shall pass to Buyer upon ESAB’s delivery to the point of shipment or upon tender to Buyer’s agent, as the case may be.
Unless otherwise specified on the face of this Offer, ESAB may, at its discretion, use any commercial carriers for shipment of the Goods. ESAB will use reasonable efforts to comply with Buyer’s requests as to method and route of transportation, but ESAB reserves the right to use an alternate method or route of transportation, whether or not at a higher rate.
Buyer shall pay all insurance costs in connection with delivery of the Goods, if any, and be responsible for filing and pursuing claims with carriers for loss or damage in transit, unless these obligations are assumed expressly in writing by ESAB. If Buyer identifies damage to Goods, packaging, and/or pallets upon receipt of a shipment, Buyer acknowledges that Buyer must document/sign for shipment as “Damaged” at time of shipment and ensure that a “Damaged” label is clearly indicated on the documents. Buyer shall contact ESAB’s customer care team to report damaged shipments to enable ESAB to submit an immediate follow up claim and work with Buyer on replacement of damaged items.
Unless otherwise specified on the face of this Offer or agreed to by ESAB in writing, Buyer shall be responsible for obtaining all necessary transportation licenses and permits for the Goods at Buyer’s sole expense.
If Buyer is unable to receive the Goods when they are tendered, Buyer shall be liable to ESAB for any losses, damages, or additional expenses incurred or suffered by ESAB as a result of Buyer’s inability to receive the Goods when they are tendered.
Buyer acknowledges that Buyer must report any allegations of short shipments and/or excess shipments to ESAB’s customer care team by calling 1-800-426-1888 for review with ESAB’s shipping department within 10 days of receipt of shipment. Any claims Buyer may have concerning short or excess shipments reported to ESAB more than 10 days after receipt of the relevant shipment shall be deemed waived by Buyer.
For certain scheduled order Goods, the current list of which can be provided by ESAB to Buyer upon request including ESAB’s current lead times for such Goods, ESAB shall ship such Goods upon the scheduled ship date listed by the Buyer on the Buyer’s purchase order provided that:
ESAB hereby warrants that the Goods manufactured by ESAB and delivered under this Offer will, at the time of delivery, be free from significant defects in workmanship or material and conform to any description of the Goods made on their containers or labels. The warranty for each Good will extend for the applicable warranty period for each Good that ESAB may state from time to time on its website at https://esab.com/us/nam_en/support/warranty/warranty-coverage/, which periods are incorporated herein by reference and made a part hereof. To the extent that any Good identified hereby incorporates parts and materials manufactured by ESAB and parts and materials manufactured by Third Parties, ESAB makes the warranties set forth in this Section 7 only with respect to the parts and materials of the Good manufactured by ESAB. ESAB’s warranty on any Goods that are not manufactured by ESAB and any parts and materials incorporated into Goods delivered under this Offer that are not manufactured by ESAB is limited to extending to Buyer any warranty offered by the original manufacturer with respect to that Good, part or material to the extent that the warranty is assignable. The warranties specified in this Section 7 do not cover any Goods that have been altered or subjected to misuse or accident, or improper installation, maintenance, or application.
EXCEPT AS SPECIFIED IN SECTION 8 ABOVE, ESAB HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER WRITTEN OR ORAL, WHETHER EXPRESS OR IMPLIED, WHETHER ARISING BY CONTRACT, AT LAW, IN EQUITY, BY STRICT LIABILITY OR OTHERWISE, WITH RESPECT TO THE GOODS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY AGAINST REDHIBITORY DEFECTS, AND ANY WARRANTY AGAINST PATENT, COPYRIGHT, TRADEMARK, TRADE NAME, TRADE SECRET INFRINGEMENT AND ANY OTHER TYPE OF INTELLECTUAL PROPERTY RIGHT INFRINGEMENT UNDER THE LAWS OF ANY NATION, INCLUDING, WITHOUT LIMITATION, THE LAWS OF THE U.S.
Notwithstanding any other remedies made available by the Code, ESAB’s obligations with respect to any Good subject to warranty under Section 7 shall be limited at ESAB’s option to (a) the repair or replacement of the defective components or parts of the Good, or (b) the refund of ESAB’s actual sale price of any Good that ESAB reasonably determines, upon its examination following its receipt of notice of a claimed defect or deficiency, to have been defective or to have failed to conform to the description on its container or label when it left ESAB’s possession. Returned goods shall be at Buyer’s risk and expense. The remedies hereby provided shall be the sole and exclusive remedies of Buyer with respect to any breach of the warranty in Section 7 hereof, and ESAB authorizes no other person, including Buyer, to assume for it any other obligation or liability in connection with any Good. ESAB’s obligations for any breach of the warranty in Section 7 hereof shall be void unless ESAB receives written notice of the alleged breach within forty-five (45) days after Buyer has knowledge of such breach. These sections set out the provisions governing the return of any Goods for warranty service.
ESAB’s total liability to Buyer and any Third Parties with respect to the Goods (whether as to Goods delivered or for delayed delivery or for non-delivery of Goods and whether the claim is based on warranty, on contract, on negligence, on tort, on strict liability, on products defects or otherwise), shall not exceed the amount of the purchase price of the Goods with respect to which the claim is made, and ESAB is hereby released from any claim in excess of the aggregate purchase price of those Goods. IN NO EVENT SHALL ESAB BE LIABLE TO BUYER FOR ANY CIRCUMSTANTIAL, CONSEQUENTIAL, CONTINGENT, EXEMPLARY, INCIDENTAL, INDIRECT, LIQUIDATED, MATERIAL, PUNITIVE, SPECIAL, SPECULATIVE OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR REVENUES, LOST BUSINESS OR BUSINESS INTERRUPTIONS ARISING IN ANY MANNER IN CONNECTION WITH THIS OFFER AND THE SALE, DELIVERY AND USE OF THE GOODS. Without limiting the generality of the foregoing, Buyer assumes any and all risks and liability for the results obtained by use of the Goods in combination with any other equipment or materials or in the practice of any process, whether in terms of operation costs, general effectiveness, success or failure.
Buyer hereby agrees to indemnify, defend and hold harmless ESAB from and against any and all damages, liabilities, losses, costs, expenses and fees (including reasonable attorneys’ fees and court costs), including, but not limited to, all losses related to property damage, loss of profits or revenues, loss of use of any property, cost of capital, cost of purchased or replacement goods or temporary equipment, personal or bodily injury, or death for any suits, claims, counterclaims, demands, judgments and other actions (each, a “Claim”), regardless of whether a Claim is based on theories of contract, tort, negligence, strict liability, warranty, indemnity, contribution, statute, or otherwise, including without limitation, all Claims relating to injury to and/or death of any and all persons and for loss of and/or damage to property arising from or in connection with (a) Buyer’s efforts to promote, market, sell and distribute the Goods, including, without limitation, any negligent, reckless or wanton acts or omissions of its employees, representatives and agents arising in connection with or pursuant to those sales efforts, (b) the use, handling, repair, alteration, adjustment, operation or modification of the Goods by any of Buyer’s employees, representatives or agents, and (c) any claims of patent, trademark or other intellectual property infringement for Goods manufactured in accordance with Buyer’s specifications. Buyer’s obligation to indemnify, defend and hold harmless ESAB extends to instances where ESAB is alleged or found to be negligent. For any Claim with respect to which it has an indemnification right under this Section 11, ESAB shall have the option to defend such Claim with counsel of ESAB’s own selection at the sole cost and expense of Buyer. If ESAB, at its option, chooses to defend a Claim, Buyer agrees to cooperate with and assist ESAB in its defense in whatever reasonable ways ESAB chooses.
Any term or provision of this Offer held to be invalid, illegal or unenforceable shall be ineffective to the extent of such invalidity, illegality or unenforceability without affecting the validity, legality and enforceability of the remaining provisions hereof.
The validity, interpretation and performance of this Offer shall be governed by the laws of New York, without reference to any conflicts of law provisions of New York and expressly excluding the United Nations Convention on Contracts for the International Sale of Goods. Buyer expressly submits to the exclusive jurisdiction of the state and/or Federal courts located in New York, New York with respect to all lawsuits arising under or in connection with this Offer. Buyer hereby consents to extra-territorial service of process with respect to all lawsuits arising under or in connection with this Offer and waives any defenses pertaining to the inconvenience of that forum. In the event of litigation pertaining to, arising under or in connection with this Offer, Buyer hereby waives any right that it may have to a jury trial of any or all of the issues that may be raised in that litigation. Nothing contained in this Offer shall be construed to limit or waive any rights of ESAB under applicable Federal, state or local laws.
Buyer may not, by operation of law or otherwise, assign this Offer, and upon acceptance, Buyer may not, by operation of law or otherwise, assign its rights or delegate its obligations under this Offer to any Third Party without the prior written consent of ESAB, and any purported or attempted assignment or delegation without consent shall be null and void.
This Offer shall inure to the sole and exclusive benefit of ESAB, Buyer and their respective successors and permitted assigns. This Offer shall have no Third Party beneficiaries.
The Goods identified to this Offer may be subject to the provisions of ESAB’s 100% Satisfaction Guarantee for North American customers only as set forth in ESAB’s 100% Satisfaction Guarantee Brochure. However, the rights and entitlements of any end-user and obligations of ESAB created by the 100% Satisfaction Guarantee apply only between ESAB and the end-user to whom Buyer resells the Goods and in no way modify the terms and conditions provided for hereby.
Diversion of all Goods contrary to U.S. law is prohibited. Buyer will not supply, tranship or re-export any Goods to any country/region currently subject to U.S. sanctions, including Cuba, Iran, North Korea, Syria, Crimea (including but not limited to the cities of Alushta, Bakhchysaraiskyi, Bilohirskyi, Chornomorskyi, Dzhankoiskyi, Feodosiia, Kerch, Kirovskyi, Krasnohvardiiskyi, Krasnoperekopskyi, Leninskyi, Nyzhnohirskyi, Pervomaiskyi, Rozdolnenskyi, Sakskyi, Simferopol, Simferopolskyi, Sovietskyi, Sudak, Yalta, Yevpatoriia, and Sevatospol), Donetsk Oblast (DNR) (including but not limited to the cities of Donetsk, Makiivka, and Horlivka), Luhansk Oblast (LNR) (including but not limited to the cities of Luhansk, Alchevsk, and Krasnodon), Zaporizhzhia Oblast, and Kherson Oblast.
