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If we are talking about the same weld, the short little down kickers being welded the "wrong" direction with "stitch" welding, with that large of welded joint, he could have soldered it together for all the loading (compression?) it will likely ever see, even in a crash, the tubing will fail much earlier, unless he was using 3/8" wall tubing, we are really chasing our tails here. 
With all this 2 cents stuff, it might finally add up to something 
You are correct.
I was just looking at it from a certified weld inspector stand point. It would be rejected immediately by just visual alone, let alone NDT....
Were in the money now 
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