Pursell Manufacturing Terms and Conditions:
These terms and conditions apply to the viewing, purchasing and sale of products through www.pursellmfg.com (the “site”) or our catalog. By viewing this site, placing an order or completing a purchase, you agree to be bound by and accept these terms and conditions.
Limitation of Liability: Pursell Manufacturing will not be liable for any indirect, special, incidental, or consequential damages, whether based on contract, tort, or any other legal theory, including without limitation loss of profits, loss of business, or other economic damages. Pursell Manufacturing is not responsible for delays in delivery which result from any circumstances beyond its control. Pursell Manufacturing’s aggregate liability shall not exceed the purchase price paid for any products purchased through this site, or, if no such products were purchased, ten dollars ($10.00).
Pricing and Specifications: All information regarding pricing, products and services is subject to change. Pursell Manufacturing reserves the right to make adjustments to pricing and products for reasons including, but not limited to, changing market conditions, discontinuation, unavailability, manufacturer price changes and errors in advertisements. Prices listed are net and do not include shipping charges, handling fees, taxes and/or duties or special crating requirements for export shipment. Those customers who claim exemption from taxes or duties are responsible for providing Pursell Manufacturing with the necessary documentation at the time of purchase or taxes will be added to their order for required states. Pursell Manufacturing strives to maintain prices at the lowest level. Occasionally, prices change without notice due to circumstances beyond our control.
Returns: Product is considered seasonal and generally not returnable unless defective. However, if you have unused or unopened product in saleable condition, you can call (719) 530-9096 and request authorization to return. We will only accept returns in unopened, original packaging. There is a 15% restocking fee. Customers will be responsible for shipping charges on cancelled orders and on returned product. If a product is damaged during delivery to you via a freight carrier, note the damage on the carrier’s delivery receipt, take a picture, and request an inspection report on the damaged shipment from the carrier to be forwarded to you within 10 business days. Forward the inspection report, picture(s) and original packing list to Pursell Manufacturing and we will file a claim on your behalf and immediately replace the damaged item(s) provided it is in stock. If a product is damaged during delivery to you via Fedex Ground or Express, you must note the extent of the damage on the back of the packing list. Once complete, forward the form to Pursell Manufacturing and hold the damaged materials for disposition instructions.
Warranties: Since we cannot control how product is used or treated, Pursell Manufacturing warranty is limited to product arriving in good condition. Any warranty with respect to products not produced by Pursell Manufacturing must come from the actual manufacturer. Pursell Manufacturing will pass through to customers any applicable warranties of the manufacturer to the extent permissible. Notwithstanding anything to the contrary, Pursell Manufacturing’s liability is limited to the replacement value of the products purchased from this site. Pursell Manufacturing and its affiliates hereby expressly disclaim all warranties either expressed or implied, related to products, including, without limitation, any warranty of merchantability or fitness for a particular purpose, or warranty of noninfringement. This disclaimer does not affect the terms of the manufacturer’s warranty, if any.
Payment Terms: For those customers with established Pursell Manufacturing credit, payment terms are net 30 days from the date of invoice. In addition, Pursell Manufacturing accepts all major credit cards at the time of order. COD is only available for those orders picked up at a Pursell Manufacturing warehouse.
Ownership of Materials, Trademarks and Copyright: The information contained in this site including all images, designs, photographs, text and other materials (the “contents”) are copyrights, trademarks, or other intellectual property owned or licensed by Pursell Manufacturing or its affiliates, or are the property of their respective owners. The contents of this site may not be copied, republished, downloaded, transmitted, mirrored or reproduced without the prior written permission of Pursell Manufacturing or the applicable copyright owner.
Applicable Law: This site is controlled by us from our offices within the State of Colorado, United States of America. By accessing this site, you agree that the laws of the State of Colorado, without regard to conflicts of laws principles, will apply to all matters relating to the use of this site and the purchase of products available through this site. Any litigation will be brought exclusively in Chaffee County, Colorado and customer consents to the jurisdiction of the Federal and State Courts located therein, submits to the jurisdiction thereof and waives the right to change venue.
Entire Agreement: These terms and conditions constitute the entire agreement and understanding between you, the customer, and Pursell Manufacturing concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto, including any oral statements made by Pursell Manufacturing representatives or any alternate terms supplied by you to Pursell Manufacturing unless otherwise agreed to by Pursell Manufacturing in writing. To the extent that anything in or associated with site is in conflict or inconsistent with these terms and conditions, these terms and conditions shall take precedence