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Terms and Conditions

Updated: April 15, 2025
Operated By: CTWS, LLC – California Tool & Welding Supply (“Seller”)

By purchasing from or interacting with California Tool & Welding Supply or its affiliated locations and website, you (“Buyer”) agree to the terms outlined below. These terms govern all sales and supersede any conflicting terms proposed by the Buyer.

  1. Terms of Agreement

All transactions are subject to Seller’s Terms and Conditions of Sale. Any proposal from the Buyer that includes additional or conflicting terms is rejected unless specifically agreed to in writing. The inclusion of such terms shall not void the sale but will be disregarded unless explicitly accepted by Seller.

  1. Pricing and Payment
  • Prices are subject to change without notice.
  • Title to merchandise does not transfer to Buyer until paid in full.
  • For gas products, Seller retains title to any unused portion until full payment is received.
  • Payment terms are due at time of receipt unless other terms have been negotiated. Net 30 means the invoice is due 30 calendar days from the invoice date and must be paid in full, unless otherwise stated in writing in a contract or PSA.

Finance Charges

  • Past due balances are subject to a 1.5% monthly finance charge (18% Annual Percentage Rate).
  • In the event of collection proceedings, Buyer agrees to pay all collection costs, including attorney fees.
  • If Seller repossesses merchandise due to nonpayment, Buyer is still responsible for any unpaid balance not covered by resale.

 

  1. Cylinder Loan Policy

Basis on Which Cylinders Are Loaned:
Buyer shall return each cylinder, when empty, to the same Seller location from which it was originally shipped. All cylinders remain the property of Seller at all times.

Rental Charges:

  • Seller charges daily rental fees per cylinder, based on Peak usage during the term of the agreement.
  • Buyer agrees to pay rental charges on demand.
  • Rental fees are assessed either on the last day of each month or at the start of each annual lease period, as applicable.
  • Rental fees continue to accrue until cylinders are either:
    • Returned to Seller, or
    • Paid for in full due to loss or damage.

Cylinder Loss or Damage:

  • Buyer shall pay Seller’s established rates for any lost or damaged cylinders or fittings.
  • Liability begins upon delivery to Buyer and continues until the cylinder is returned.

Invoicing and Disputes:

  • Each rental invoice will show the number of cylinders outstanding as of the billing date.
  • The invoice balance shall be considered accurate and conclusive unless the Buyer submits a written dispute within 30 days of the invoice date.

Loss of Use:

  • Seller will assess a loss-of-use fee at full retail value for cylinders not returned within 90 days.

Storage and Use:

  • Buyer must keep all cylinders in secure locations.
  • Refilling Seller’s cylinders is strictly prohibited.
  1. Sales Tax
  • All prices exclude applicable federal, state, and local taxes (except Seller’s income tax).
  • Buyer is responsible for all taxes unless valid exemption certificates are submitted and accepted.
  • Buyer must provide an exemption certificate per location.
  • If an exemption is later deemed invalid, Buyer assumes responsibility for all penalties and interest.
  1. Online Pricing

Online pricing may not reflect in-store pricing and may not apply to:

  • Orders outside the 48 contiguous U.S. states
  • Locations in Alaska, Hawaii, Guam, Puerto Rico, U.S. Virgin Islands, or American Samoa
  1. Security Interest

Buyer grants Seller a security interest in all goods sold until payment is received in full. Seller is authorized to file financing statements to perfect this interest. Seller may repossess goods to satisfy unpaid debts.

  1. Warranty Disclaimer
  • Seller offers no warranties beyond those stated in writing.
  • No employee or agent is authorized to make oral warranties.
  • Products are warranted only to meet the written description provided on Seller’s documentation.
  • Buyer assumes all risk of use or misuse, whether individually or combined with other materials.
  • Seller is not liable for:
    • Special, indirect, or consequential damages
    • Claims resulting from use or performance of the product

For third-party equipment or materials, the manufacturer’s original warranty will apply.

  1. NSF and Credit Card Handling Fees
  • NSF checks: $25 fee for first, $35 for each subsequent occurrence.
  • Declined card transactions: $25 handling fee.
  • Buyer must contact the accounting department immediately to resolve outstanding amounts.
  1. Returns Policy

To initiate a return, customers may:

  • Return items to any of our retail locations listed below
  • Ship the item back to us (customer is responsible for all return shipping costs)

Return Guidelines:

  • No returns or refunds for gas cylinder transactions
  • Standard stock items only are eligible for return
  • Special orders are final sale
  • Returns must be made within 30 days of purchase (15 days for equipment)
  • Items must be returned in like-new condition, in original packaging, and include all components/accessories
  • No returns accepted on used items or opened packaging
  • Original receipt is required for all returns

Refunds:

  • Refunds are issued in the original form of payment
  • If the original payment was cash, and a location does not have sufficient cash on hand, a refund check will be mailed via USPS
  • No returns or store credit will be issued without a receipt

Shipping Charges:

  • Shipping fees are non-refundable

Return Locations:

You may return eligible items to any of the following California Tool & Welding Supply locations:

  • Riverside (Corporate Headquarters)
    201 Main Street, Riverside, CA 92501
  • Fontana
    10024 Citrus Ave, Fontana, CA 92335
  • Hesperia
    11988A Hesperia Rd, Hesperia, CA 92345
  • Lancaster
    45146 N. Sierra Hwy, Lancaster, CA 93534
  • Montclair
    4165 State St, Montclair, CA 91763
  • Victorville
    15612 Second St, Victorville, CA 92392
  • San Bernardino
    556 S. Waterman Ave, San Bernardino, CA 92408
  • Santa Ana
    1004 E. First St, Santa Ana, CA 92701
  • Desert Industrial Gas (North Las Vegas)
    4201 Production Court, North Las Vegas, NV 89115
  1. INDEMNITY/LIMITED LIABILITY.

BUYER SHALL AND DOES HEREBY AGREE TO DEFEND, INDEMNIFY, RELEASE AND HOLD CTWS, LLC, ITS EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, LIABILITY, CLAIM OR EXPENSE TO BUYER OR ANY THIRD PARTIES RELATED TO THE PRODUCTS, SERVICES, AND EQUIPMENT PROVIDED BY CTWS, LLC, HOWSOEVER ARISING (INCLUDING CTWS, LLC’S OWN NEGLIGENCE), WHICH SHALL INCLUDE BUT NOT BE LIMITED TO ALL LOSS TO BUYER OR ANY THIRD PARTIES ARISING OUT OF INJURY TO OR DEATH OF PERSONS OR DAMAGE TO OR DESTRUCTION OF PROPERTY; PROVIDED SAID LOSS IS NOT DUE TO THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF CTWS, LLC. IN NO EVENT SHALL CTWS, LLC BE LIABLE TO BUYER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES. THE LIABILITY OF CTWS, LLC, AND BUYER’S SOLE AND EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND WHATSOEVER, REGARDLESS OF LEGAL THEORY, SHALL NOT BE GREATER THAN THE ACTUAL PURCHASE PRICE OF THE PRODUCTS OR SERVICES WITH RESPECT TO WHICH SUCH CLAIM IS MADE. BUYER FURTHER AGREES NOT TO USE COMPRESSED GASES SOLD BY SELLER FOR INHALATION OR BREATHING, UNLESS SPECIFICALLY DESIGNATED FOR THAT PURPOSE AND PRESCRIBED BY A PROFESSIONAL. IMPROPER USE OF COMPRESSED GAS IS STRICTLY PROHIBITED.

  1. Warning of Hazardous Products and Training Obligations.

Buyer acknowledges: a) that many of the products, cylinders and related equipment provided by CTWS, LLC are hazardous and must be handled accordingly; b) many of the products provided by CTWS, LLC are classified by the U. S. Occupational Safety and Health Administration (“OSHA”) as hazardous chemicals, and that there are hazards associated with the possession, transportation and use of the products, and that Buyer must take proper account of those hazards and deal with them appropriately; c) Buyer shall warn all persons (including its employees and customers) who may be exposed to any hazards relating to any of the products, cylinders and equipment and shall train them in the proper use thereof; d) that CTWS, LLC has supplied Buyer with all relevant Safety Data Sheets (“SDS”) relating to the products, and that more SDSs are available from CTWS, LLC on request; e) that OSHA regulations require Buyer to develop and implement a written chemical hazard communications program for its employees regarding all hazardous chemical products; and f) that the products must not be used without consulting the SDSs, and that Buyer will ensure that all employees, customers and others who may be exposed to the products are properly trained and receive and refer to the SDSs.

  1. Customer Acknowledgment

By purchasing from Seller, the Buyer acknowledges and agrees to these Terms and Conditions. It is the Buyer’s responsibility to review these terms prior to making a purchase. Continued use of Seller’s products and services constitutes acceptance of any changes or updates.