Terms Of Service

Last Updated: August 20, 2012

These Terms of Service (“Terms”) govern your access to and use of services facilitated by On Call Mobile Welding, located at 917 J Pl Suite 2, Plano, TX 75074, serving the Dallas–Fort Worth Metroplex. By calling (469) 750-3803, emailing [email protected], submitting a service request, or otherwise using our website or services, you agree to be bound by these Terms.

Service Agreement

BY CALLING (469) 750-3803 OR USING OUR SERVICES, YOU EXPRESSLY AGREE:

All services, without exception, are performed by our independent partner network (“partners”).
Your service agreement is exclusively with the performing partner.
On Call Mobile Welding is not a party to any service agreement.
Partners are solely responsible for all aspects of service delivery, including timing, workmanship, parts/materials, pricing, warranties, and guarantees.

Complete Liability Release

YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT:

On Call Mobile Welding bears absolutely no liability for any service performed by partners.
All liability rests solely with the performing partner.
You release On Call Mobile Welding from any and all claims, demands, damages, losses, costs, or expenses arising out of or related to services performed by partners.
Partners are solely responsible for all service outcomes, including defects, delays, materials issues, and follow-up work.

Partner Responsibility

YOU UNDERSTAND AND AGREE:

Partners are independent businesses and are not employees, agents, or joint venturers of On Call Mobile Welding.
Partners assume full responsibility for all work performed and any representations made to you.
Partners are responsible for maintaining their own licenses, permits, and insurance as required by law.
All claims, refunds, rework requests, or warranty issues must be directed to the performing partner.

Service Terms

BY PROCEEDING WITH SERVICE, YOU ACCEPT:

Partners set all service terms, scope, and conditions.
Partners determine all pricing, estimates, invoices, deposits, taxes, and payment terms.
Any service guarantees or warranties are provided solely by partners and not by On Call Mobile Welding.
Scheduling, arrival windows, materials sourcing, and completion times are at the partner’s discretion and may change due to availability or safety conditions.

Explicit Disclaimers

IMPORTANT – READ CAREFULLY:

On Call Mobile Welding makes no warranties, express or implied, including any warranties of workmanship, merchantability, or fitness for a particular purpose.
All service warranties and guarantees come solely from partners.
We assume no responsibility for partner actions, omissions, delays, cancellations, or material selections.
All service issues must be resolved with partners directly.

Service Resolution

YOU ACKNOWLEDGE AND AGREE:

All service-related inquiries, complaints, and dispute resolutions must be addressed with the performing partner.
On Call Mobile Welding cannot intervene in service issues or compel partner action.
Partners handle all customer service matters, including follow-ups and adjustments.
All disputes concerning service work, charges, or warranties must be resolved with the partner.

Contact Understanding

When calling (469) 750-3803 or emailing [email protected]:

You will be referred to or work directly with a service partner.
All arrangements, terms, work scope, and payments are between you and the partner.
Partners are solely responsible for all commitments and representations.
On Call Mobile Welding is not a party to any service arrangements.

Legal Rights

YOU EXPRESSLY WAIVE:

Any right to bring claims against On Call Mobile Welding related to partner services.
Any right to hold On Call Mobile Welding liable for partner actions or omissions.
Any right to seek damages, reimbursements, or chargebacks from On Call Mobile Welding for partner work.
Any right to include On Call Mobile Welding in partner disputes.

Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any disputes regarding these Terms must be filed exclusively in the state or federal courts located in Collin County, Texas, and you consent to the jurisdiction and venue of those courts.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

On Call Mobile Welding shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost use, or business interruption, even if advised of the possibility of such damages.
In all events, our total liability for any claim arising out of or relating to these Terms shall not exceed zero dollars (USD $0.00).

Indemnification

You agree to defend, indemnify, and hold harmless On Call Mobile Welding, its owners, officers, employees, and affiliates from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) services performed by partners; (b) your breach of these Terms; (c) your negligence or misconduct; or (d) your equipment, vehicle, structure, materials, location, or requested work.

No Emergency Services; Safety

We are not a 911 or emergency response service. If you are in danger, call 911 immediately.
Service may be declined or delayed due to unsafe locations, hazardous weather, limited access, hazardous materials, hot work restrictions, or other safety concerns at the partner’s sole discretion.
You are responsible for securing your site, equipment, and materials to enable safe access for partners, including clearing flammables and providing required permissions for hot work where applicable.

Your Responsibilities

Provide accurate information about your location, equipment/vehicle, materials, and requested work.
Obtain all necessary permissions for roadside or on-site service, including from property owners, law enforcement, facility managers, or DOT when applicable.
Remove valuables and secure cargo/equipment before service begins; partners are not responsible for lost or damaged personal property not directly caused by their negligence.

Payments and Billing

All pricing, quotes, deposits, fees, materials costs, taxes, and payment methods are set solely by the partner.
You agree to pay the partner directly. Chargebacks or payment disputes must be resolved with the partner.
Trip charges, diagnostics, mobilization, waiting time, and after-hours rates may apply at the partner’s discretion.

Cancellations and Delays

Cancellation, rescheduling, and no-show fees may be charged by the partner.
ETAs are estimates only and may change due to traffic, weather, material availability, or safety concerns.

Materials and Warranties

Material selection, sourcing, and title transfer are handled by the partner.
Any material warranties are offered solely by the manufacturer or partner, if applicable.
On Call Mobile Welding provides no parts, materials, or labor warranties.

Intellectual Property

All content on our website, including trademarks, service marks, text, and images, is owned by or licensed to On Call Mobile Welding and may not be copied, reproduced, or used without prior written consent.

Privacy

By contacting us, you consent to the collection and sharing of your information with partners for the purpose of coordinating services. For details on data practices, please contact [email protected].

Force Majeure

We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including acts of God, weather, accidents, strikes, labor shortages, supply chain issues, government actions, or telecommunications failures.

Changes to Terms

We may update these Terms at any time by posting the revised version with the “Last Updated” date above. Continued use of our services after changes constitutes acceptance of the updated Terms.

Severability; No Waiver

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force. Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms at any time.

Contact Information

On Call Mobile Welding 917 J Pl Suite 2, Plano, TX 75074 Phone: (469) 750-3803 Email: [email protected]