Durham Manufacturing Minimum order is $25.00
Durham Manufacturing Disclaimer
Durham Manufacturing products shown on the website or in our catalog are subject to change without notice. Durham has made every effort to illustrate and describe products in this catalog accurately; however, illustrations and descriptions are for the sole purpose of identification and do not imply a warranty that the products are fit for a particular purpose. Durham reserves the right to correct publishing errors. Note that shipping weights are approximate and can change without notice. Durham Manufacturing products have a 1-year limited warranty. Products being returned are subject to a re-stocking fee.
1) Limited Product Warranty. The Durham Manufacturing Company warrants that its products sold to Distributor pursuant hereto, will be free from defects in workmanship and materials from their date of shipment until one (1) year thereafter, provided they are not used in any application or manner not specified or recommended by Durham Manufacturing are misused or abused or through normal wear and tear. Durham Manufacturing’s sole liability and obligation to Distributor in the event of a breach of the foregoing warranty shall be to replace the defective product or products or, in its discretion, to provide a credit in the amount of the purchase price thereof.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, DURHAM MANUFACTURING NEITHER MAKES, NOR SHALL HAVE ANY LIABILITY UNDER, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR AN INTENDED USE OR PURPOSE. NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE BY ANY REPRESENTATIVE, AGENT OR EMPLOYEE OF DURHAM MANUFACTURING WHICH IS NOT SPECIFICALLY SET FORTH HEREIN SHALL BE BINDING UPON COMPANY.
All claims for breach of the foregoing express warranty shall be made by Distributor (and no other party) in writing within thirty (30) days after discovery of the defect. The claim shall include a returned goods authorization number which may be obtained from Durham Manufacturing prior to assertion of the claim. In addition, the claim shall be accompanied by the return of the defective product or products to Durham Manufacturing, when possible. Any claim not made in compliance herewith shall be deemed to have been waived.
2) LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY BE LIABLE TO DISTRIBUTOR WITH RESPECT TO ANY SALES OF PRODUCTS, WHETHER UNDER THEORIES OF CONTRACT, TORT, INDEMNITY, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE, FOR ANY LOST PROFITS OR SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF DURHAM MANUFACTURING HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to sales of Products to Distributor.
3) Product Returns.
(a) Nonconforming Products. Products shipped to Distributor which do not conform to Distributor’s order may be returned to Durham Manufacturing within thirty (30) days of receiving the shipment for replacement or reimbursement or credit in the amount of their purchase price plus shipping costs and taxes, provided that they are accompanied by a returned goods authorization number. The request for the Return Goods Authorization must be made within fifteen (15) days of receiving the product. Products for which a warranty claim is validly made under Section 1 hereof shall be returned as specified in Section 1.
(b) Conforming Products. All conforming products (which are products other than nonconforming products as specified above, defective products returned under the provisions of Section 1, or recalled products) may be returned only with the prior approval of an authorized representative of Durham Manufacturing, as evidenced by the issuance of a returned goods authorization number by Durham Manufacturing. The request for the Return Goods Authorization must be made within fifteen (15) days of receiving the order. Durham Manufacturing will not under any circumstances accept the return of conforming products which: (i) are not returned within forty-five (45) days of receiving shipment, (ii) are custom products made to Distributor’s specifications, (iii) are damaged (other than goods which were received by Distributor in damaged condition under circumstances in which Durham Manufacturing is responsible for the damage), (iv) comprise less than a full case of products. If Durham Manufacturing accepts the return of conforming products, Durham Manufacturing reserves the right to charge, and Distributor agrees to pay, a restocking charge in an amount not in excess of twenty-five percent (25%) of the returned products’ purchase price.