Last updated: Aug 11, 2021 12:04 PM
Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the doranmfg.com Website (the "Website") operated by Doran Manufacturing, a(n) Limited Liability Company formed in Ohio, United States ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.
We offer goods and services on this Website. The price of these goods and services is customized based on your needs, which means that we will provide you with a quote after we determine your needs. This price includes all applicable taxes and other fees.
We offer cancellations on purchases made of the goods and services offered on our Website. We offer cancellations only prior to shipment. You may cancel your order by contacting us. You will not be charged a cancellation fee if you cancel your purchase in accordance with the instructions above. We will issue you a refund of the full purchase price that you paid if you cancel your purchase.
We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will let you know immediately if we plan on cancelling your purchase.
We will issue you a refund of the full purchase price that you paid if we cancel your purchase.
We do not offer refunds on any purchases made on this Website.
We may ask you to provide an advance payment on any purchase made of the goods and services offered on our Website. An advance payment is a partial payment of the total purchase price that will help pay for our actual expenses while providing the goods and services.
We will issue you a refund of the advance payment that you made if we cancel.
We will issue you a refund of the advance payment that you made if you cancel.
WE OFFER THE FOLLOWING WARRANTIES ON PURCHASES OF GOODS:
EXCEPT AS STATED ABOVE, NO OTHER WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THE GOODS AND SERVICES DISPLAYED OR SOLD ON THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be replacement. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.
This Website features products or services that are offered via a subscription model. A subscription model requires regular payments to receive a product or service. The initial term of the subscription is Annual.
YOU MAY REVOKE YOUR SUBSCRIPTION BY CONTACTING US WITHIN 30 DAYS DAYS OF MAKING YOUR PURCHASE. IF YOU REVOKE YOUR SUBSCRIPTION, IT WILL NOT AUTOMATICALLY RENEW AND YOU WILL NOT BE CHARGED FOR THE RENEWALS. PLEASE NOTE THAT YOU WILL NO LONGER RECEIVE THE ITEMS OR SERVICES PROVIDED BY THE SUBSCRIPTION ONCE YOU REVOKE.
YOU MUST MAKE A MINIMUM PURCHASE TO QUALIFY FOR THE SUBSCRIPTION. THE MINIMUM PURCHASE REQUIRED IS AS FOLLOWS: ANNUAL PURCHASE.
You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:
THIS WEBSITE IS PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.
IN NO EVENT SHALL DORAN MANUFACTURING BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF DORAN MANUFACTURING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF DORAN MANUFACTURING. THE AGGREGATE LIABILITY OF DORAN MANUFACTURING. ARISING OUT OF OR RELATING TO THIS WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY DORAN MANUFACTURING BY YOU.
All contents of this Website are ©2021 - 2023 Doran Manufacturing or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Doran Manufacturing and are either registered trademarks, trademarks or otherwise protected intellectual property of Doran Manufacturing or third parties in the United States and/or other countries.
If you are aware of a potential infringement of our intellectual property, please contact Ross Ormsby at inforequest@doranmfg.com.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights - DMCA.” Your notice to us must include the following information:
Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.
You may submit your claim to us by contacting us at:
Doran Manufacturing
Ross Ormsby
inforequest@doranmfg.com
8668167233
4362 Glendale Milford Road, Cincinnati OH 45225
UNITED STATES
These Terms shall be governed and construed in accordance with the laws of the state of Ohio, United States, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.
Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Hamilton County, Ohio.
YOU AND DORAN MANUFACTURING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
We reserve the right to make changes to these Terms of Service at any time. We will notify you immediately of making any changes to these Terms of Service via by posting the updated terms of service to this website.
If you have any questions about our Terms of Service, please contact us at inforequest@doranmfg.com.
Acceptance of this order is expressly limited to the terms and conditions contained herein. Any additional or different terms or conditions contained in the Seller's response hereto shall be objected to by the buyer without need of further notice of objection and shall be of no effect nor in any part circumstances binding upon the buyer. Seller will have agreed to all terms and conditions contained herein if any part of the described merchandise is shipped.
1. EXTRA CHARGES: No charges of any kind including charges for boxing or cartage will be allowed unless specifically agreed to by the Buyer in writing.
2. TRANSPORTATION AND INSURANCE: Unless otherwise stated on the face of this order, goods are to be sold FOB shipping point, transportation collect. No premium transportation, insurance, or valuation costs will be allowed unless specifically authorized. Risk of loss shall be Seller's responsibility until delivery to applicable FOB point.
3. DELIVERY SCHEDULE: Unless otherwise agreed in writing, Seller shall not make material commitments or production arrangements in excess of the amount or in advance of the time necessary to meet Buyer's delivery schedule. It is Seller's responsibility to comply with this schedule, but not to anticipate Buyer's requirements. Overshipments or goods shipped to Buyer in advance of schedule may be returned to Seller at Seller's expense.
4. DELAYS IN DELIVERY: Seller will not be liable for damages or, delays in delivery due to causes beyond its reasonable control. If Seller, however, for any reason does not substantially comply with Buyer's delivery schedule, Buyer at its option may either approve a revised delivery schedule or may terminate the order without liability to Seller on account thereof.
5. REJECTIONS: If any of the goods or services are found to be defective in material or workmanship or otherwise not in conformity with the requirements of this order after delivery the Buyer in addition to any other rights which it may have, under warranties or otherwise, shall have the right to reject and return such goods or services at Seller's expense including Buyer's handling charges or require that such articles or materials be corrected or replaced promptly with satisfactory material or workmanship. Such goods are not to be replaced, however, without suitable written authorization from the Buyer. If the Buyer so rejects to goods, or if the Seller, when requested by the Buyer fails to proceed promptly with the replacement correction thereof, Buyer either may terminate this order for default or may charge Seller the cost of damages occasioned the Buyer thereby. Title to all rejected goods shall pass to Seller upon Buyer's notification to Seller of rejection and all such goods held by Buyer after such notification shall be held at Seller's risk.
6. BUYER'S PROPERTY: Unless otherwise agreed in writing, all tools, equipment, or material of every description (including drawing, specifications and technical information) furnished to Seller by Buyer or specifically paid for by Buyer, and any replacement thereof, or any materials affixed or attached thereto, shall be and remain the personal property of Buyer. Such property shall be adequately identified by Seller as property of Doran Mfg, LLC and shall be safely stored separate from Seller's property to be used only in filling Buyer's orders. Such property while in Seller's custody or control shall be held at Seller's risk, shall be kept insured by Seller or at Seller's expense in an amount equal to the replacement cost with loss payable to Buyer and shall be subject to removal at Buyer's written request, in which event Seller shall prepare such property for shipment and shall re-deliver to Buyer in the same condition as originally received by Seller reasonable wear and tear excepted, all at Seller's expense.
7. CHANGES: Buyer shall have the right to make changes in the order, but no additional charge or change in delivery schedule will be allowed unless authorized in writing by Buyer. If such changes affect delivery or the amount to be paid by Buyer, Seller shall notify Buyer immediately.
8. COMPLIANCE WITH LAWS: Seller agrees to comply with all Federal, State and Local laws, standards, rules, regulations, and directions (hereafter collectively laws) applicable to and in effect at the time of delivery of the Supplies or Services called for in the Purchase Order. Seller's failure to comply with such government laws may be cause for rejection of warranty claim by Buyer.
9. PROPRIETARY INFORMATION: Any knowledge or information concerning Seller's products, methods, or manufacturing processes with Seller may disclose to Buyer incident to the provision of the goods covered by this order shall unless otherwise specifically agreed in writing, be deemed to have been disclosed as a part of the consideration for this order and Seller agrees not to assert any claim against Buyer by reason of Buyer's use or alleged use thereof.
10. WARRANTY: In addition to any warranties provided by law, Seller warrants that the goods provided in accordance with the terms hereof shall conform in all respects to Buyer's specifications and shall be free from defects, in material and workmanship for a period of eighteen (18) months from the date of delivery to Buyer or twelve (12) months from the date Buyer delivers such goods to one of its customers, whichever occurs first.
1. Acceptance. Any order is subject to acceptance by Seller only at Seller’s home office in Cincinnati, Ohio. An acceptance is valid only if made in writing by Seller, electronically or otherwise, using Seller’s standard form of acknowledgement. Buyer is deemed to have agreed to all the terms and conditions contained herein unless Buyer objects in writing prior to Buyer’s order. Terms and conditions contained in Buyer’s order or related documents that are different from or in addition to the terms and conditions stated herein, are hereby expressly objected to by Seller and not binding upon Seller. Seller may revoke its acceptance of any order within fourteen days after the date of its acceptance.
2. Electronic Transactions. Buyer hereby agrees to conduct transactions with Seller by electronic means in accordance with Sections 1306.01-1306.23 of the Ohio Revised Code. Buyer understands that its electronic actions and communications with Seller, either directly or over Seller’s website, may have legal consequences.
If Buyer at any time wishes to no longer conduct transactions electronically with Seller, Buyer must notify Seller of this intent in writing.
3. Quotations and Proposals. Unless otherwise specified, Seller’s quotations or proposals are for information only, and are not intended as an offer. Seller reserves the right to revise all quotations or proposals including prices, delivery dates, terms, quantities or specifications, without notice to Buyer, prior to Seller’s acceptance of Buyer’s order.
4. Extension of Credit. Quotations or proposals offered by Seller do not constitute Seller’s approval of Buyer’s credit. If satisfactory credit has not been established by Buyer, Seller shall have the right to require full payment in advance, including any and all preparatory costs involved. If the financial condition or credit of Buyer at any time shall, in the judgment of Seller, not warrant shipment of goods ordered, Seller may at its option require full payment prior to shipment or refuse to ship and terminate any other outstanding orders without liability to Buyer.
5. Price. All prices quoted are in United States dollars, FCA. Cincinnati, Ohio unless otherwise specified in writing by Seller, and do not include taxes. Unless otherwise agreed to by both parties in writing, all base prices quoted cover manufacturing and shipping an entire order at one time, to a single destination, and do not cover warehousing Buyer’s stock for future shipments. Specification and/or design changes, subsequent to order placement by Buyer and acceptance by Seller, may be subject to price revisions at Seller’s sole discretion.
6. Taxes. Any taxes on the purchase of products hereunder which may be due to any political subdivision shall be paid by Buyer. It is the responsibility of Buyer to promptly make payment of such taxes to Seller or to advise Seller of any exemptions from taxes.
7. Payment. The terms of payment are United States dollars, NET cash thirty (30) days from the date of invoice, unless otherwise agreed to in writing by the parties. If full payment is not received by Seller within thirty (30) days after the invoice date, interest shall be charged to Buyer’s account at the higher of prime rate in effect from time to time as set forth in the Wall Street Journal plus two (2) percent per annum, or at eighteen (18) percent per annum. In the event Buyer defaults on its obligations hereunder, Buyer shall be liable for Seller’s costs of collections, including reasonable attorney’s fees. Seller may, at its option in order to mitigate its damages, cancel and/or sell any unshipped products should Buyer fail to fulfill the complete terms of payment. Such cancellation or sale acts only to offset Seller’s damages and does not limit Seller’s additional legal remedies.
8. Completion Date and Delivery. The completion date, or forecasted shipment date, where stated, is approximate only. Seller shall be free from any and all liability and penalty for failure to perform or for delayed delivery or shipment due directly or indirectly to causes beyond its control including, but not limited to, acts of God, acts of Buyer, war, riots, fires, explosions, flood, strikes, lockouts, injunctions, accidents, government interference, failure in production or production equipment, inability to obtain adequate fuel, power, raw material, labor, transportation facilities, or any other cause or causes beyond the reasonable control of Seller.
Release of products by Seller to a recognized common carrier or licensed trucker shall constitute “delivery” to Buyer, and Seller shall not be held liable for any delays, damage or losses incurred in transit. Shipments shall be insured for replacement cost only.
9. WARRANTY AND LIMITATION OF DAMAGES AND REMEDIES. SELLER WARRANTS ONLY THAT THE PRODUCTS BEING SOLD HEREUNDER SHALL BE FREE FROM DEFECTS IN WORKMANSHIP AND MATERIALS. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER OR NOT SELLER IS AWARE OF BUYER’S INTENDED USAGE OF THE PRODUCTS. BUYER AGREES THAT SELLER’S LIABILITY AND BUYER’S EXCLUSIVE AND SOLE REMEDY FOR BREACH OF WARRANTY SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT, OR, AT SELLER’S OPTION, REFUND OF THE BILLING PRICE OF ANY PRODUCT WHICH IS NOT IN ACCORDANCE WITH THE AGREED-UPON SPECIFICATIONS. SELLER SHALL HAVE NO LIABILITY BEYOND ITS INVOICE PRICE, NOR SHALL SELLER BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES INCURRED IN CONNECTION WITH THE PURCHASED PRODUCTS. SELLER NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME, ANY OTHER LIABILITY IN CONNECTION WITH THE PRODUCTS PURCHASED HEREUNDER.
10. Buyer’s Representations. Buyer warrants and represents that any and all products purchased from Seller shall not be used in any manner that violates any Federal or State statute or local law or ordinance.
11. Indemnification. Buyer agrees to hold Seller harmless from liability for infringement(s) of any patents, trademarks, copyrights or other intellectual property rights, and to reimburse Seller for any and all legal costs it may incur resulting with respect thereto.
12. Disputes. Any controversy arising in connection with the agreement between Seller and Buyer shall be governed by the internal laws of the State of Ohio, and any state or federal court within Ohio shall have sole jurisdiction over any litigation resulting therefrom.
13. Waivers. Waiver by Seller of a breach by Buyer of any provision hereof shall not be deemed a waiver of future compliance therewith, and such provision, as well as other provisions hereunder, shall remain in full force and effect. Seller hereby expressly reserves the right to literal compliance with the terms hereof, even if unenforced in prior transactions with Buyer.
14. Entire Agreement. Unless otherwise specifically provided by separate written agreement signed by both parties, the terms and conditions contained herein supersede all prior oral or written statements of any kind whatsoever made by the parties or their representatives. The terms and conditions contained herein constitute the entire agreement between Seller and Buyer, and no other terms or conditions shall be of any effect.
