Terms of Sale and Warranty Information (2023)

Terms of Sale and Warranty Information

durable co., ltd.
Conditions of sale

1.situation. To the extent not prohibited by applicable law, these terms of sale ("Terms") constitute the entire agreement between the parties. Acceptance of Buyer's order, all sales by Durável LLC ("Durável"), and Buyer's acceptance of the Products are governed by these Terms. Durável hereby rejects any terms and conditions of Buyer, including any terms and/or modifications to Buyer's order terms, unless Durável agrees to such terms in writing.
2.pay. Unless otherwise specified by Durável, payment terms are thirty days from the earlier date of shipment or invoice. If Durável determines that the buyer is in default or has exceeded his credit limit, Durável reserves the right, in its sole discretion, to demand payment prior to shipment. Overdue accounts will be charged ordinary interest at 1.5% per month (18% per tax year) from the due date. Buyer will pay all costs of collecting money owed to Durável, including reasonable attorneys' fees.
3.loan. All orders are subject to approval. Durável reserves the right, at its sole discretion, to modify, vary or withdraw the credit terms at any time without notice and to require guarantees, collateral or advance payment on any order or from any buyer.
4.deliver goods. Delivery terms are Freight on Board (FOB) Durável factory unless otherwise stated. For your convenience, Durável may prepay shipping charges which will be added to the buyer's invoice. Product orders may be partially shipped and such partial deliveries may be separately invoiced and paid for on time, regardless of subsequent shipments. Delay in shipment or delivery of any part of an order does not relieve Buyer of its obligation to accept the remainder of the order. ANY RISK OR DAMAGE TO THE PRODUCT IN TRANSIT IS AT THE BUYER'S OWN REGARDLESS OF FREIGHT COSTS, UNLESS OTHERWISE STATED. Delivery times are estimated at the time of Durável's acceptance of the buyer's order. Durável will endeavor to deliver within reasonable times, but such times are estimates only and are not guaranteed. Durável shall not be liable for any incidental, consequential or other damages arising from non-fulfillment of orders, delay in delivery of orders or errors in fulfillment of orders. The Buyer agrees that the order shall not be canceled under any circumstances except with Durável's prior written consent and only if Durável has received a full refund of all work performed, materials used and/or returnable materials specifically ordered for the Buyer's order when paying.
5.tax. In addition to the purchase price, any taxes imposed by federal, state or other governmental authorities on the sale of products and services are paid by the buyer.
6.return the goods. Product returns, exchanges or refunds will not be accepted without Durável's prior written consent. Product returns will not be accepted more than ninety days from the original shipment date. All returns will be subject to a minimum 20% restocking fee. All returns must be shipped prepaid. Durável grants credit only after the product has been tested. Damaged, opened or partially used products will not be accepted. Custom products are non-returnable.
7.ensure. Durável's standard warranty applies to all products unless otherwise agreed in writing.
8.Safety. Upon Buyer's request, Durável will provide relevant information regarding the safety and health aspects of its products, including but not limited to Material Safety Data Sheets. Buyer agrees to provide all such information to its employees, contractors, customers and anyone else who may have access to the Products. Buyer agrees that Durável is not responsible for product misuse. All responsibility for checking product conformity lies with the buyer.
9.compensation. Buyer assumes all risk and agrees to indemnify and hold Durável harmless from all claims and liabilities, including liability for any claim based on Durável's negligence or strict liability, including any claims by Buyer's agents or employees arising out of the use or possession of the Product .
10.delay. Neither party shall be liable to the other party or to any other person for any failure or delay in performance of any obligation under this Agreement (other than payment obligations) caused directly or indirectly by events beyond its reasonable control.
11.the entire agreement. Nothing here is related to these terms. These terms and conditions constitute the complete and exclusive agreement between the parties with respect to the subject matter of the contract and supersede all representations, promises and representations of Durável not hereto expressly stated.
12.government law. All orders are governed by and construed in accordance with the laws of the State of North Carolina. Any action arising under these terms will be brought in North Carolina.
13.Safety. Durável reserves a guarantee up to the invoice value for each product sold to ensure payment of the buyer's obligations. If the Buyer fails to meet its obligations, the Buyer agrees to supply the Products so that Durável may peacefully recover its title. Copies of invoices are accepted as financial statements. At Durável's request, the Buyer will manufacture any instrumentation required by Durável to improve its safety features.
14.confidential. All non-public information (“Information”) provided by Durável to Buyer is the exclusive property of Durável. The information will only be used by the buyer to install the Durável product, will be treated confidentially and returned promptly upon Durável's request. Buyer shall not disclose any information to third parties without Durável's consent. These obligations will survive cancellation, termination and/or completion of the sale.
15.intellectual property. Durável retains its intellectual property, title and interest in and to its trademarks, trade names, logos, copyrights, patents, trade secrets and other proprietary rights (“Intellectual Property Rights”). Buyer is not granted any license under Durável Intellectual Property other than the license required to use the Products or any right to use or make any representations with respect to Durável Intellectual Property. Buyer shall not disparage any Durável intellectual property rights.
16.general.
A. Assignment and Delegation: Buyer may not assign any rights or delegate any obligations without the written consent of Durável.
B. Time Limitation: Any action of any kind under this contract must be brought within one year from the date of delivery.
C. Modification and Termination: These terms and conditions may not be modified or terminated except by the express written consent of the parties. No waiver or failure to comply with this Agreement shall be deemed a waiver of future compliance, and any waived terms will remain in full force and effect. In addition to other legal remedies, if the Buyer fails to pay the amount due or becomes insolvent, assigns to creditors or appoints a designated trustee for the Buyer, or if the Buyer is purchased or sold in whole or in part.
D. Exclusive Agreement: Unless otherwise agreed in writing, this Agreement constitutes the entire agreement between Durável and Buyer and supersedes any prior agreements, representations or warranties, express or implied, with respect to the Merchandise. Buyer acknowledges that no representations, understandings, conditions or understandings are made other than as expressly stated in this Agreement

durable co., ltd.
standard warranty

As a manufacturer of goods, Durável warrants that its products conform to published specifications for a period of one year from shipment subject to the following limitations and adherence to standard tolerances for deviations, with the exception of colour, uniformity does not guarantee color shade or match to samples. If Durável determines that a product does not comply with the terms of this warranty, it will replace the product, refund the purchase price, or refund Buyer, as Buyer's sole remedy, at Buyer's option.

Durável products are intended for use by professionals in the industry. The buyer must determine the suitability of the product for site conditions.

Durável does not guarantee or warrant that:
1.Work by any person or company to install its goods;
2.Product failures caused by installers not following product instructions;
3.Product failure due to improper design by engineers or architects;
4.Product failure resulting from misuse, abuse, modification, improper storage or handling, or failure to use or clean the product as intended and in accordance with the instructions provided by Durável;
5.Product failure due to substrate defects including, but not limited to, the presence of ionic compounds or soluble salts, alkali metal silicate reactions, alkali aggregate reactions, shale blowout and other swelling aggregate and consolidation reactions.

The buyer accepts the standard specifications for Durável products. Buyer waives any claim for products sold by Durável unless Durável receives written notice within thirty days of delivery of the product that is the subject of the claim. In no event shall Durável be liable for defective goods if the inspection reveals that the goods are taxed beyond their normal capacity or that the defective condition of such goods is the result of misuse, abuse, improper installation or application, improper maintenance or repair Liability, alteration, accident or neglect during use, storage, transport or handling.

In no event will Durável be liable for loss of use or any incidental, indirect, special or consequential damages, losses or expenses in connection with a product or an order for a product. In no event will Durável's maximum liability exceed the purchase or contract price of the product found to be defective or unsuitable.

Durável's sole liability and Buyer's sole remedy for breach of the express limited warranty is replacement of the material at the original FOB location or refund of the purchase price, at Durável's option. Written notification of the claim for breach of warranty must be given to Durável within sixty days from the date of the observation and no later than one year after delivery of the product. Duravel is allowed
Reasonable opportunity to investigate complaints and inspect products. IN NO EVENT SHALL BUYER, CUSTOMER OR ANY PARTY SHALL, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER THEORY, EXCEED THE PRICE PAID BY BUYER FOR THE PARTICULAR GOODS FOR THE CLAIMED.

Durável makes no other warranties, express or implied, and all implied warranties of merchantability and fitness for a particular purpose are hereby excluded. Durável disclaims all liability, and the buyer waives any claim for any special, indirect, incidental or consequential profits or damages, or any other damages or remedies not expressly stated above, whether arising from negligence, breach of warranty, strict tort liability, or any other reason for doing so. All warranties are void if the buyer does not pay in full in accordance with Durável's payment terms.

Durável disclaims all liability, and Buyer shall defend, indemnify and hold Durável harmless (including, without limitation, costs and attorneys' fees) for any loss of person or property, damage or injury to Durável, or arising out of (a) CLAIMS ARISING OUT OF THE BUYER OR THE SERVICE, STORAGE, TRANSPORTATION, RESALE, APPLICATION, OR OTHER USE OF THE GOODS BY A THIRD PARTY OR END USER, OR IN CONNECTION WITH OTHERS
material or otherwise, or (b) any construction crew or other contractor chosen or recommended by Durável.

Any dispute or claim arising out of or relating to the Warranty, Terms and Conditions will be resolved by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and the arbitrator's decision may be submitted in any court of competent jurisdiction. The place of arbitration will be Charlotte, North Carolina.