Terms and Conditions
By accessing this web site, or by placing an order with Idaho Implement, LLC / IdahoImplement.com / Durattach.com ("Durattach") by any means, you ("Customer") agree to be bound by these Terms and Conditions contained herein. If you do not agree to be bound by these terms and conditions, you may not access or use this web site or place an order.
These Terms and Conditions are subject to change without notice. It is your responsibility to revisit this page to view any updates.
Web Site Usage Restrictions
You may access and view the content appearing on this web site for personal, non-commercial use only. You may not download, copy or use any portion of this site without the express written permission of Durattach. You agree to use this web site only for lawful purposes.
Links to Third Party Sites
This web site contains links to other web sites that are neither controlled nor owned by Durattach. Links to other sites are provided for convenience only. Durattach accepts absolutely no responsiblity for any information that may be contained on, or your experience with, any web sites that are linked from this one. You need to make your own decisions regarding your interactions or communications with any other web site.
We welcome your comments regarding this site. However, comments, feedback, notes, messages, ideas, suggestions or other communications including emails and phone messages, transmitted to Durattach will be treated as nonconfidential and nonproprietary. All communications to Durattach become the exclusive property of Durattach and you agree that by transmitting any communication you relinquish all rights and interests in same. Durattach shall be free to reproduce, use, disclose, and distribute these communications to third parties without restriction. Durattach shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating such information. Therefore, Durattach discourages you from transmitting information that you do not wish to assign to Durattach, including confidential information or creative ideas. Furthermore, you agree that you accept all responsibility for the content of your communication and warrant that it does not violate any law, statute, ordinance or regulation or the intellectual property rights of third parties. You agree that Durattach may copy all or part of your communication in any response(s) it makes to you, or in any other manner. Furthermore, you agree that no communication made with and/or to you by Durattach may be shared or distributed to any party, other than its intended recipient, without the express written consent of Durattach, for any reason whatsoever.
All product names, logos, trademarks, as well as other marks and trade names on this web site are the properties of Durattach, or their respective owners. You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of the owner. The entire contents of this web site, including but not limited to text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information, and software (collectively, "Content") are subject to copyright, trademark, or other proprietary rights or licenses held by Durattach or by third parties who have licensed their rights to Durattach. All Content is copyrighted as a collective work under the U.S. and international copyright laws. Durattach owns, to the fullest extent allowed by law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this web site. Except as provided in this agreement, you may not distribute, publish, transmit, reuse, repost, "and frame" the Content in any manner or sell or attempt to sell the Content.
Accuracy and Content
Durattach works hard to ensure that the information provided on our web site or advertisements is accurate and up-to-date. However, due to the risk that the information may be compromised by software or procedural errors, or periodic manufacturer and distributor updates, Durattach does not guarantee the accuracy or completeness of the information provided on this web site or any advertisement. Durattach reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. Such errors are not grounds for product return. It is your sole responsibility to ensure the accuracy of product descriptions, photos, specifications, etc. and to ensure that the product will meet your need(s) and/or intended use of the product. Photos may vary and in some cases are representative of the product, and do not reflect the actual product itself. Pricing and shipping & handling rates are subject to change without notice. Durattach does not warrant the accuracy, integrity or completeness of the content provided in this web site or in any advertisement or communication, including any advice or other similar information obtained by you from us though this web site or advertisement. Durattach makes no representation that the content provided in this web site or advertisement is applicable or appropriate for use in locations outside the United States.
No Warranties; Limitation of Liability for Web Site or Any Type of Advertisement
In no event shall Durattach, its Owners, Directors, Officers, Employees, Affiliates, Successors, or Assigns or Other Representatives be liable, whether in contract, warranty, tort (including negligence-whether active, passive or imputed), product liability, strict liability, or other theory, to you, or any other person or entity for any damages (including, without limitation, any direct, indirect, incidental, special, exemplary, punitive or consequential damages) arising out of or in connection with any use of, inability to use, or results of use of, this web site, or any type of advertisement or any content on this web site, or any type of advertisement, even if Durattach or its Representative has been advised of the possibility of such damages. If you are dissatisfied with this web site or any type of advertisement and the content contained therein or these Terms and Conditions, your sole and exclusive remedy is to discontinue use of this web site or any type of Durattach advertisement. If any portion of this limitation is found to be invalid or unenforceable for any reason, then Durattach's total liability to you shall in no event exceed one United States dollar (US $1.00).
No Warranties; Limitation of Liability for Merchandise
All merchandise listed in this web site or any type of Durattach advertisement are "as is" (to the extent allowed by law) and, unless otherwise specifically noted, are without warranties of any type, express or implied. Durattach disclaims all warranties, including, but not limited to, the Implied Warranty of Merchantability and the Implied Warranty of Fitness, for a particular purpose. Durattach disclaims any liability for product defect claims that are due to product misuse, improper product selection and/or misapplication and any description, picture or other information communicated does not express or imply a warranty that the products are merchantable or fit for a particular purpose. Any liability for consequential, incidental, special, exemplary, or punitive damages is expressly disclaimed. Durattach's liability in all events is limited to, and shall not exceed, the purchase price paid for the product that gives rise to any liability. All warranties mentioned and/or referenced on this web site, relating to any product(s) are Manufacturer's Warranties, and are subject to terms and conditions of same. Durattach provides no product warranties whatsoever.
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.
Shipping - Risk of Loss
All items purchased from Durattach are made pursuant to a shipment contract with third-party vendors. This means the risk of loss and title for such items pass to you upon our delivery to the carrier. Durattach is not responsible or liable for any damage arising from shipment. It is your sole responsility to properly document, photograph, or otherwise appropriately record any damage to your item/shipment and submit a claim to the carrier for same. Furthermore, Durattach is not responsible or liable for any damage arising from shipping delays or failure to deliver an item within a certain time frame. Any reference to shipping and or delivery time-frames on the web site, or in any communication in any form from Durattach, are estimates only and are not to be construed as a guarantee that any delivery will take place at a certain date or time, or within a certain time perid. Durattach expressly denies any obligation to deliver any item or product within a certain time frame or on a certain date or time. Delivery of, or shipment of, any item that takes longer than any estimate provided by Durattach does not constitute valid grounds for return of the item. Shipping delays are relatively common due to fluctuations in seasonal demand and product production.
Shipping – Fees
Shipping fees are calculated based on the information provided by you to Durattach. The fees based on this information are charged in advance of the shipment when your order is placed. It is incumbent upon the customer to ensure the information you provide is accurate, or additional fees may result. The sole final determination of shipping fees is based on carrier classification of items being shipped and the destination address/location type provided by you. Any increase in shipping fees resulting from discrepancies between information provided by you and carrier classifications are the sole responsibility of the customer. Examples of such discrepancies include, but are not limited to, providing an incorrect delivery address or changing the delivery address once an order is placed; selecting an incorrect delivery address type (eg, selecting commercial delivery for a residential address); failing to indicate the need for a lift gate, etc. You hereby authorize Durattach to collect any said additional shipping fees by applying a charge against your original method of payment or by any other methods available.
Shipping – Address Types
Durattach can accommodate deliveries to the following address types, with or without a liftgate: Residential / Farm / Ranch; Commercial (Please note: home-based businesses do not qualify as a Commercial location. The fact that a business is being operated from a particular location does not qualify it as a Commercial address. Any business being operated from a location where people could or do live at the same address or on the premises is considered a Residential address. Commercial locations are those defined by our freight carriers as commercial sites. Typically these addresses are zoned as commercial real estate. Most commercial sites have tractor-trailer access, a loading dock or forklift on site, and regular posted business hours.); College / School / University; Construction Site; Golf Course / Resort / Hotel; Government / Municipal Facility; Military Base; Storage Facility. If you need delivery to a different address type, please contact us as we may still be able to accommodate your needs. It is your sole responsibility to ensure you select the correct address type for your delivery location, or addtional fees may result (see Shipping - Fees, above).
Durattach retains the exclusive and sole right as to whether an item may be returned, exchanged or order canceled. Durattach thus encourages customers to use caution when placing an order, as once placed the order cannot be canceled, nor the item returned or exchanged unless Durattach expressly consents. In order to obtain a refund or exchange, prior approval must be given by Durattach. Generally, Durattach will consider returns within seven (7) days of delivery. All return requests must be submitted in writing via email to email@example.com, and must include at a minimum the name on the order, order number and reason for requesting the return. In such cases as a return is approved by Durattach, refunds will be for the cost of item(s) only, less any restocking fees--see below. Shipping fees, freight charges, delivery and/or handling charges are not refundable. Customer is also responsible for any return shipping fees. In the event Durattach arranges for return shipping on the customer's behalf, return shipping fees shall be deducted from any refund provided to customer. Durattach cannot accept returns of any item(s) "drop shipped" directly from the distributor or manufacturer to you. It is your sole responsibility to determine if an item will be drop-shipped prior to placing your order. All returned item(s) will be subject to a minimum 20% and maximum 25% restocking fee of the purchase price on any item(s) returned, at Durattach's sole discretion.
The Terms and Conditions constitute the entire agreement between you and Durattach with respect to this web site or any type of advertisement. These Terms and Conditions supercede any and all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Durattach, or any representative of Durattach, with respect to this web site, products, quotes or advertising. No modification of the Terms and Conditions shall be effective unless it is authorized in writing by Durattach. If any provision of the Terms and Conditions is found to be unenforcable by law, then such provision(s) shall be construed in a manner to closely reflect, as much as possible, the intentions of Durattach, with the other provisions remaining in full force and effect. 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(s).
Choice of Law
By use of this web site or any type of Durattach advertisement, you agree that the laws of the State of Idaho, without regard to principles or conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Durattach.
Sales Tax Notice
Durattach collects Idaho state sales tax for any purchases made and/or delivered in the state of Idaho. Durattach does not collect sales or use tax for item(s) shipped to other states. However, your purchase(s) may be subject to "use tax" in other states unless exempt from taxation in those other states. It is your full and sole responsibility to be familiar with and adhere to any and all laws of your state regarding taxation on any purchase made through this web site and/or from Durattach. Your purchase may not be exempt from taxation merely because it is made over the Internet. Most states require customers to report purchases that were not taxed and pay use tax on those purchases. Contact your state tax agency for more information.