Accrue Welding's Legal Statement
Agreement with all customers, since June 1993 to the 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:
i) All New Customers Will Be Required To Submit All Credit Card Information Prior To Doing The Requested Job, Project, Services Rendered, or Any Work - Accrue Welding reserves this right without prejudice. All Small Jobs Will Be Paid On The Day Of Completion - Accrue Welding reserves this right without prejudice. I will determine what a small job is, Accrue Welding reserves this right without prejudice.
ii) With Established Clients Only, who have very good credit histories with Accrue Welding Co. and we reserve this right without prejudice - Can make payment of the contract price verbal, or written as agreed upon, as provided in the purchase order/or services rendered, shall be made within fifteen (15) to thirty (30) days of Accrue Welding's submitted invoice by Accrue Welding to the Buyer/Customer/Individual. Which ever period of due date of payment has been agreed upon. Any sums which shall remain due and owing thirty days from the date of the applicable invoice shall accrue interest at the rate of 5% per month, or a rate equal to the maximum rate allowable under the applicable statutes of any State, whichever shall be the highest permissible rate there. 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, job preformed, or services rendered. Accrue Welding reserves this right without prejudice.
iii) If at any time, in Accrue Welding's judgment, reasonable doubt exists as to Accrue Welding's Customer's 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 owed to Accrue Welding, whether or not due, or adequate assurance of such payment.
iiii) If any Buyer/Customer/Individual does not pay within 15 to 30 day limit, 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. Accrue Welding reserves this right without prejudice.
Simply Said - We are a very Small Company who depends on being paid promptly by our Customers.

3. TAXES: Any Tax (*Federal, State, City, or Otherwise*) that should be added onto any payment/check made to Accrue Welding Company - Will be the Responsibility of the "Buyer/Customer/Individual/Company/Enterprise/Incorporation from any State in the United States" or to at least inform Accrue Welding Company if this tax is missed.
i) Accrue Welding Company/We are not Tax Experts, and don't claim to be, so we may need your guidance when Accrue Welding Company is not aware of Different State Variations and Tax Laws in Any State. The Customer will then add on the Proper Tax% amount, and or pay the necessary taxes that should be calculated from the Total Amount Due to Accrue Welding - plus it's *%* added on tax. This tax will then be paid to the proper Entity. By hiring Accrue Welding Company you (the Customer) do agree to this statement. Mainly this pertains to State Taxes that Accrue Welding COmpany may not be aware of.
ii) 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.
iii) If Accrue Welding shall pay such taxes or assessments, Buyer shall, upon demand, reimburse Accrue Welding Company 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/Company/Enterprise/Incorporation from any State in the United States" to pay said tax, past, present, or future.
iiii) Even if Accrue Welding Company has ever made a mistake in the past, or missed taxing any "Buyer/Customer/Individual/Company/Enterprise/Incorporation from any State in the United States", for whatever services, for whatever reason, upon demand from Accrue Welding Company tax payment will be made, to, and in, any State or Federal Entity in the United States of America by the "Buyer/Customer/Individual/Company/Enterprise/Incorporation from any State in the United States" with no exceptions.
We are not Tax Experts, and don't claim to be - SO - we may need guidance when Accrue Welding Company is not aware of Different State Variations and Tax Laws in Any State. State to State (*Federal, State, City, or Otherwise*) - We may not be aware - By hiring Accrue Welding Company you (the Customer) do agree here and now to this statement.
3a. TAXES: Since 1993 (old statement) - 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.
We are not Tax Experts, and don't claim to be - SO - we may need guidance when Accrue Welding Company is not aware of Different State Variations and Tax Laws in Any State. State to State (*Federal, State, City, or Otherwise*) - We may not be aware - By hiring Accrue Welding Company you (the Customer) do agree here and now to this statement.
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. TRUCK and EQUIPMENT USE POLICY beginning 1/2004:
This Policy applies only to those Customers/Clients/Individuals who ask, request, employ, or put Accrue Weldings Truck or Equipment at Risk to Reach Jobs Sites in Rough/Harsh Terrain = Mud, Mountainous Terrain, Steep Terrain, Off Road, 4X4, ETC. This Policy will be brought to your direct attention when it applies to you if my truck or equipment is at risk, you will be notified on site verbally/orally. This judgement is always made at Accrue Weldings sole discretion. Accrue Welding reserves this right without prejudice. The fact that I am in this situation is evidence of this agreement, or I wouldn't be there in the first place.The use of Accrue Welding's Truck or Equipment, welder, tools, and gear, etc, etc: 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.
Simply Stated, I can not afford to break my equipment to reach a site for you, that puts my Truck and Equipment at risk at my cost.

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.

2007:
18. Accrue Welding's Vehicle/Equipment for Repair and Down Time Agreement :
ALL CUSTOMERS - "When compromising Accrue Welding's Equipment" Customers are Responsible for Vehicle/Equipment Repairs. All repairs are expected to be complete within a 2 Week Period of Time - see *16*- ("All Customers" have the option to not use my truck or equipment to get into a dangerous or risky terrain area.)
(i) The Customer will be given a reasonable amount of time to have Accrue Welding's Company Equipment removed from the job site where the damage occured and to be repaired.(see section 16) The time can also be determined on the availability of parts, and shipment times, providing the customer shows documented proof that a serious search has been made to find whatever piece or parts have been broken or destroyed by the customer's request to reach their repair area site.
(ii) Charges for "Loss of Wages" after 2 Weeks: This repair grace period will start after a 2 week period of time, (When/After Accrue Welding's Equipment has "NOT" been Repaired within this 2 week time period) At this point the Customer will begin to pay "Loss of Wage Damages" directly to Accrue Welding without question @ a rate of 8 hrs a day, 5 days a week,= 40 hours a week, for everyday there after, excluding weekends. The hourly rate pay scale will be based upon our normal hourly payment scale agreement. (Hourly Only)
(iii) Equipment Protection Deposit: A direct online deposit of up to $5000.00 for my assurance, may be required by Accrue Welding to move forward to a job site. If you do have the option to get me there with your own equipment, or you choose to employ my on site equipment services, and this has been stated previously in section *16*. Please take notice to this statement!