Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Conditions of Use

We want to welcome you to Duracable. DURACABLE.COM provides our services to you, subject to the following conditions. If you visit or shop within Duracable.com, you accept and agree to adhere to these conditions. Please read them carefully and contact us with any questions.

PRIVACY

Please review our Privacy Policy, which also governs your visit to our website, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit DURACABLE.COM or send e-mails to us at sales@duracable.com, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, invoices, and other communications that we provide to you electronically, satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of DURACABLE.COM or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of DURACABLE.COM, with copyright authorship for this collection by DURACABLE.COM, and protected by international copyright laws.

TRADE MARKS

Duracable trademarks may not be used in connection with any product or service that is not Duracable ’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Duracable. All other trademarks not owned by Duracable, or its subsidiaries, that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Duracable or its subsidiaries.

LICENSE AND SITE ACCESS

Duracable grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Duracable. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of DURACABLE. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DURACABLE and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing DURACABLE’s name or trademarks without the express written consent of DURACABLE. Any unauthorized use terminates the permission or license granted by DURACABLE. You may not use any logo from DURACABLE.COM or other proprietary graphic or trademark without express written permission.

YOUR MEMBERSHIP ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. DURACABLE and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.

RISK OF LOSS

All items purchased from DURACABLE are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Please refer to our Shipping & Returns policy for more details.

SHIPPING AND RETURNS POLICY

Shipping costs will vary based on material classification, weight, distance and the carrier used. Duracable will try to find the most economical way to ship your order within the time frame you give us. When the driver signs for the shipment picked up from Duracable, his signature indicates he has received all items listed on the Bill of Lading in good order and accepts the responsibility to deliver these items to you in the same good order. To guard against financial loss from damaged or lost shipments, you should take the following precautions:

1. When your shipment arrives, check to make certain all items on the Freight Bill agree with the Bill of Lading or invoice from Duracable

2. The fact that goods are damaged or the shipment is short does not, in and of itself, justify a refusal to accept the merchandise.

3. In case of shortage or damage, have the driver note the shortage or damage on the Freight Bill and sign it. Once you sign the Freight Bill without any notation of damage or loss, the transportation company is no longer liable. Any concealed damage found when thoroughly checking your shipment must be reported to the transportation company within 15 days of delivery.

4. If a claim is necessary, the transportation company normally will inspect the damage or trace the loss, provide you with a claim form and assist you in completing the form. Remember, the copy of the freight bill – with the shortage or damage noted on it and signed by the delivering carrier’s representative – is the best possible support for your claim. Although our legal liability for your shipment ceases when the transportation company signs for it at our dock, we are always willing to help you in any way possible in tracing lost shipments or assisting you with your claims when necessary.

Incorrectly Shipped or Defective Goods

If your shipment was incorrect or defective and needs to be returned to Duracable, contact your account manager immediately. Items must be returned to Duracable within 30 days of the invoice date. Be sure to provide the serial number and model number of the item and state the reason for the return in writing. You also will need a copy of your original invoice. If returning cable, include the Inventory Tag and a minimum of seven feet of cable. Please give the Invoice Number to your account manager and provide a copy in the shipment. Your account manager will provide you with a Returned Goods Authorization number (RGA). This number must be identified on the outside of the package. Items returned without an RGA on the outside of the package will be returned. After 60 days the RGA will expire and returned items received will be charged a 20% restocking fee. When returning items, if they are not properly packaged, they will be refused and returned to you and credit will be denied. If the item is packaged in the original carton, the carton must be in reusable condition. Duracable will credit reasonable shipping costs for items deemed defective by the manufacturer within the warranty period. Include a copy of the receipt from the shipping company for possible credit of freight. All unnecessary freight shipments will not be paid. No C.O.D. returns will be accepted. Goods for which credit is denied will be scrapped unless otherwise noted.

Non-Returnable Goods

The following items may not be returned: goods more than 90 days old; goods that were a special order; goods purchased that have been discontinued; goods that are unacceptable for resale; goods returned without proper documentation; goods returned without an RGA number; machines without a serial number; partial cases of goods; and goods not in the original carton or case.

PRODUCT DESCRIPTIONS

DURACABLE and its associates attempt to be as accurate as possible. However, DURACABLE does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by DURACABLE is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY: THIS SITE IS PROVIDED BY DURACABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. DURACABLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DURACABLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DURACABLE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM DURACABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DURACABLE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting DURACABLE.COM, you agree that the laws of the state of IOWA, USA, without regard to principles of conflict of laws, will govern these Conditions of Use and disputes of any sort that might arise between you and DURACABLE or its associates.

DISPUTES

Any dispute relating in any way to your visit to DURACABLE.COM or to products you purchase through DURACABLE.COM shall be submitted to confidential arbitration in IOWA, USA, except that, to the extent you have in any manner violated or threatened to violate DURACABLE’s intellectual property rights, DURACABLE may seek injunctive or other appropriate relief in any state or federal court in the state of IOWA, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to DURACABLE.COM. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time without notice. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Duracable
300 Ashworth Rd
West Des Moines, IA 50265
800.247.4081
sales@duracable.com