Duratrac's Terms & Conditions

1.  ACCEPTANCE. If this writing differs in any way from the terms and conditions of Buyer’s order or if the writing is construed as an acceptance or as a confirmation acting as an acceptance then Seller’s acceptance is EXPRESSLY MADE CONDITIONAL ON BUYERS ASSENT TO ANY TERMS AND CONDITIO1NS CONTAINED HEREIN THAT ARE DIFFERENT FROM OR ADDITIONAL TO THOSE CONTAINED IN BUYER’S WRITING. Further this writing shall be deemed notice of objection to such terms and conditions of Buyer. If the writing is construed as the offer, acceptance hereof is EXPRESSLY LIMITED TO THE TERMS AND CONDITIONS CONTAINED HEREIN. In any event, Buyers acceptance of the goods shall manifest Buyers assent to Sellers terms and conditions. No addition to or modification of these terms will be effective unless set forth in writing and agreed to by Seller.

2.  CONDITIONS OF SALE

a.  Minimum Billing is $100.00 Net.
b.  Orders of Less than $250.00 will be charged a $25.00 Processing Fee.
c.  Price Changes: Prices are subject to change without notice and are based upon prices in effect at time of shipment.
d.  We Reserve the Right to Round Off Quantities to the Nearest Carton.
e.  There will be a 25% charge for broken cartons.
f.  Returned Goods: No returns are to be made to DuraTrac without first obtaining a return authorization number and a freight classification code number from the Company. Returns may be subject to a 25% restocking charge, plus any transportation charges incurred.
g.  Damaged Product: Any claim for damaged or lost product(s) must be made within seven (7) days of receipt of order.
h.  Shipments: All shipments are FOB shipping point, freight prepaid for all orders over $1500 net. Under $1500, freight will be charged as a line item on invoice. DuraTrac reserves the right to ship twenty percent (20%) above purchase order quantities of non-catalog listed items built to customer’s specifications.
i.  Terms: 2% 10/Net 30 Days, unless otherwise stated. Interest on accounts overdue more than (30) days will be charged 2% per month or the highest rate permitted by law, whichever is lower. Buyer shall be liable for any collection costs or attorney’s fees incurred as a result of Buyer’s failure to comply with this agreement

3.  WARRANTY AND REMEDIES

a.  LIMITED WARRANTY. Products manufactured by DuraTrac are made to conform to all applicable codes and standards in the United States and Canada. DuraTrac’s products will be repaired or replaced at our option within three years of the date of its first installation into service. There is no warranty for products that have been reused, have been attached to an appliance that has been moved to a different location or where original fittings supplied by DuraTrac have been changed or removed. There will be no responsibility or liability accepted for any failures caused by the use of chemical products or cleaners containing chlorine and/or ammonia. DuraTrac will not be liable for incidental, consequential, indirect damages or for special circumstances caused by the failure of our product even if it has been advised of the possibility of such damages. No other warranty, expressed or implied, is made with regard to products of DuraTrac.

b.  LIMITATION OF REMEDIES. Buyer’s sole and exclusive remedy against Seller will be limited, at Seller’s option, to the repair or replacement by Seller of any nonconforming product for which claim is made by Buyer or to the issuance of a credit for such nonconforming product in accordance with these terms and conditions provided Buyer obtains a return material authorization from Seller and Seller is given a reasonable opportunity to inspect the product and confirm such nonconformity. This exclusive remedy shall not be deemed to have failed of its essential purpose so long as Seller is willing and able to repair or replace the nonconforming product and, in any event, Seller’s liability for any damages due Buyer shall be limited to the purchase price of the nonconforming products. THIS PARAGRAPH DETAILS BUYER’S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY.

c.  LIMITATIONS ON ACTIONS AND LIABILITY. The statute of limitations applicable to all claims arising under this agreement shall be one year from the date the claim accrues. SELLER WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY RESULTING FROM DELAY IN DELIVERY OF THE PRODUCTS OR FOR ANY FAILURE TO PERFORM WHICH IS DUE TO CIRCUMSTANCES BEYOND ITS CONTROL. THE MAXIMUM LIABILITY, IF ANY, OF SELLER FOR ALL DAMAGES, INCLUDING WITHOUT LIMITATION CONTRACT DAMAGES AND DAMAGES FOR INJURIES TO PERSONS OR PROPERTY, WHETHER ARISING FROM SELLER’S BREACH OF THIS AGREEMENT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT WITH RESPECT TO THE PRODUCTS, OR ANY SERVICES IN CONNECTION WITH THE PRODUCTS, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PRICE OF THE PRODUCTS. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES AND PROFITS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE RIGHT TO RECOVER DAMAGES WITHIN THE LIMITATIONS SPECIFIED IS BUYER’S EXCLUSIVE ALTERNATIVE REMEDY IN THE EVENT THAT ANY OTHER CONTRACTUAL REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

4.  CREDIT APPROVAL. Shipment and delivery of goods and performance of work shall at all times be subject to the approval of Seller’s credit department
and Seller may at any time decline to make any shipment or delivery or perform any work except upon receipt of payment or upon terms and
conditions or security satisfactory to Seller.

5.  CANCELLATION. Orders may only be cancelled with Seller’s written approval. In the event of cancellation of an order, or any part hereof, incorporating special material, parts, components, etc., Buyer shall pay: (a) the contract price of all completed items; (b) that portion of the contract price that is equal to the degree of completion of products in process, effective on the date notice of cancellation is received; (c) the cost of any materials and supplies which. Seller shall have purchased to perform and which cannot be readily resold or used for other or similar purposes; and (d) charges for cancellation of tool orders or tool removal charges.