Terms & Conditions
Please read the following terms and conditions of use for the Duct-O-Wire Web Site. Use of this site constitutes an agreement to accept the following terms and conditions of use. Duct-O-Wire reserves the right, without notice and at its sole discretion, to remove, add, or modify any content on this site, and to deny any user or users access to all or any part of this site.
1. COPYRIGHTS AND TRADEMARK INFORMATION
Duct-O-Wire trademarks and logos displayed on this site are the property of Duct-O-Wire. You are prohibited from using any trademarks or logos for any purpose, including, but not limited to use as Icons or Metatags on other pages or sites. Nothing contained in this site grants by implication, waiver, estoppel or otherwise, any right to use, copy, redistribute or reproduce any trademark displayed on this site.
1.3 Personal Use:
Duct-O-Wire authorizes you to view, copy, download, and print materials, documents and information displayed on the site, such as press releases, product catalogs, descriptions and images that are available on this Web site, subject to the following conditions:
- a)The materials and information on this Web site may not be modified.
- b)The materials and information on this Web site may be used only for personal, noncommercial, and informational purposes.
- c)The materials and information on this Web site may not be posted or distributed to any other web site or URL.
- d)Copyright, trademark and other proprietary notices may not be removed from any materials printed or downloaded from this Web site.
- e)Use of the materials on any other Web site or networked computer environment and broadcast of the materials in any media are prohibited.
1.4 Commercial Use:
Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Web site is strictly prohibited without the express, written consent of Duct-O-Wire, which may be granted or denied at Duct-O-Wire's sole and absolute discretion.
2. COMMUNICATIONS TO THE SITE.
Duct-O-Wire is committed to respecting your privacy. We understand the importance of protecting personal information and have created the following guidelines to protect your privacy and personal information. Our site may contain links to other Web sites and we are not responsible for the privacy practices or the content of such Web sites. In general, you can visit the Web site without providing any personal information, but we will need a limited amount of information, such as your name, address, company, market segment, email address and telephone number if you wish to receive company literature or promotional items, order product, or utilize any access controlled portions of the Web site. Duct-O-Wire may use the information you provide for research or to improve this site and the services and products that we offer. A sales representative or an agent of Duct-O-Wire may contact you. Only Duct-O-Wire has access to your personal information. We do not disclose your personal information to any third party, nor do we sell that information. Notwithstanding the foregoing, all communications from you to the site are and will be treated as non-proprietary and non-confidential.
2.2 Links with Other Sites:
Duct-O-Wire specifically disclaims responsibility for the content of any other site that may be linked to or from this site. By using links on the Duct-O-Wire site, if any, you acknowledge and agree that we do not control the linked sites and that if you link to another site, that constitutes leaving this site and you do so entirely at your own risk. Duct-O-Wire may, at its discretion, provide links from this site to other sites, but this is done as a convenience to you and in no way constitutes or should be interpreted as constituting an endorsement of any content, sponsor or owner of any other site. Duct-O-Wire prohibits framing of any information available on the site, caching and unauthorized hypertext links to the site. We reserve the right to disable any unauthorized links or frames.
2.3 Export Controls:
This Web site is governed by the United States export control laws and regulations prohibiting export and re-export of products and technology to certain countries and persons. By downloading or using materials on this Web site, you agree to strictly comply with all applicable export laws and regulations and to assume sole responsibility for obtaining required licenses to export or re-export products or technology and you further warrant that you are not located in or under the control of, and that you are not a national or resident of any country subject to U.S. trade embargoes, nor are you a person with whom the trade of technology has been prohibited.
3. INFORMATION DISCLAIMER AND JURISDICTION
3.1 Accuracy of Information:
Duct-O-Wire uses reasonable efforts to include accurate information on its web site, but it makes no representations as to the accuracy, timeliness or completeness of that information. The information contained in this site is without warranty, express or implied, including warranties of merchantability, satisfactory quality, fitness for a particular purpose, title or non-infringement of intellectual property.
Use of this web site constitutes an acknowledgment and agreement that, to the extent permitted by law, Duct-O-Wire has no liability for direct, indirect, incidental, punitive or consequential damages with respect to the information, services, content, or advertisements contained on or otherwise accessed through this web site, including damages related to lost profits, lost data or business interruption, arising out of the use, inability to use, or the results of use of this site, web sites linked to this site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not Duct-O-Wire is advised of the possibility of such damages. If your use of the materials or communications from this site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
3.3. Applicable Laws:
Duct-O-Wire controls this Web site (excluding linked sites) from its offices in Oconomowoc, Wisconsin. It can be accessed from all 50 states, as well as from other countries around the world. By accessing this Web site, you agree that the laws of the state of Wisconsin apply to any claims arising out of your use of this site, without regard to any conflict of laws principles, and you agree to submit to the exclusive personal jurisdiction and venue of the Superior Court of Waukesha County and the United States District Court, Milwaukee, Wisconsin.
4. TERMS OF SALE AND WARRANTY
4.1 Prices and Discounts:
All list prices or discounts are subject to change without notice. Written price quotations will be honored for a period of 30 days from the date of the written quotation unless otherwise stated.
4.2 Payment Terms:
Unless specifically stated in writing, all sales and service are NET 30 DAYS. A service charge will be incurred on past due accounts extending beyond the terms of sale described above, at a rate of 1.5% per month of the net balance extending beyond 30 days.
4.3 F.O.B Shipping Point:
Duct-O-Wire; Oconomowoc, Wisconsin, or Corona California , as determined by Duct-O-Wire, unless other shipping arrangements are agreed upon in advance.
Duct-O-Wire guarantees all manufactured items against any defects of material and/or workmanship for a period of one year from the date of shipment. Duct-O-Wire makes no other warranty, expressed or implied, as to the merchantability or fitness of the items for their intended use or as to their performance. Any statement, description or specification in Duct-O-Wire's literature is for the sole purpose of identification of items sold by Duct-O-Wire and imparts no guarantee, warranty or undertaking by Duct-O-Wire of any kind. Components and accessories not manufactured by Duct-O-Wire are not included in this warranty and are warranted separately by their respective manufacturers.
Duct-O-Wire's sole liability shall be to repair at its factory, or replace any item returned to it within one year from date of shipment, which Duct-O-Wire finds to contain defective material or workmanship. All items to be repaired or replaced shall be shipped freight pre-paid to Duct-O-Wire, Oconomowoc, Wisconsin.
Notice: Materials or items may not be returned for credit or repair without the prior written consent of Duct-O-Wire, in the form of a signed Return Goods Authorization. Any authorized return of materials or items shall be subject to a restocking charge equal to 20% of the net invoiced amount after Duct-O-Wire determines that the material or items is in good condition and may be resold without alteration or service.
Duct-O-Wire's herein assumed responsibility does not cover defects resulting from improper installation, maintenance, or improper use. Any corrective maintenance performed by anyone other than the Duct-O-Wire during the warranty period shall void the warranty. Duct-O-Wire shall not be liable for damages of any kind from any cause whatsoever beyond the price of the defective Duct-O-Wire supplied materials involved. Duct-O-Wire shall not be liable for economic loss, property damage, or other consequential damages or physical injury sustained by the purchaser or by any third party as a result of the use of any Duct-O-Wire supplied items or materials. Purchaser will indemnify and hold Duct-O-Wire harmless from any claims for damages that are hereafter made or brought for injuries or damage as a result of or arising out of Duct-O-Wire's items or materials sold to Purchaser, including claims for Duct-O-Wire's active negligence. Purchaser agrees, at its own expense, to defend any suit or action against Duct-O-Wire founded upon such claims. Duct-O-Wire neither assumes nor authorizes any other person to assume for Duct-O-Wire any other liability in connection with the sale or use of items sold by Duct-O-Wire.
4.6 Special Orders:
Special orders are subject to these additional specific terms of sale and warranty.
- a) Special order items are materials not normally stocked or manufacturing processes not normally preformed by Duct-O-Wire. These may include, but are not limited to; special assemblies, wiring or pre-wiring, component installation, configuration of assemblies, sub-assemblies or special order materials, special welding, drilling or milling of components or assemblies.
- b) All special orders require a written purchase order from the customer and Duct-O-Wire credit approval prior to procurement of materials and any manufacturing or assembly processes required.
- c) Special orders are not subject to alteration or cancellation except upon written consent of Duct-O-Wire and payment of proper cancellation or alteration charges, when deemed applicable by Duct-O-Wire.
- d) Special orders are not returnable for credit.
4.7 Engineered Control Panel Orders:
Engineered control panel orders are subject to these additional specific terms of sale and warranty.
- a) Duct-O-Wire will submit to the customer a written quotation with the provided specifications for all engineered control panels prior to accepting a purchase order.
- b) Customer drawing approval and Duct-O-Wire credit approval is required before Duct-O-Wire will proceed with parts and material procurement or assembly work.
- c) The customer shall pay for any additional charges that may be incurred due to customer change orders as incurred.
- d) A cancellation fee of 10% of the net order amount, plus all charges that may be incurred to-date of cancellation, will be applicable to all orders canceled after receipt of purchase order.