Terms and Conditions

Durfold Corporation Terms & Conditions of Purchase and Sale

By submitting a Purchase Order for the purchase of products, Customer acknowledges and agrees to the following terms and conditions:

 

Acceptance of Orders
THE ACKNOWLEDGMENT IS AN ACCEPTANCE OF THE CUSTOMER’S PURCHASE ORDER ONLY FOR DURFOLD CORPORATION PRODUCTS AS SHOWN ON THE FRONT OF THE ACKNOWLEDGMENT. SUCH ACCEPTANCE IS CONDITIONAL UPON THE CUSTOMER’S CONSENT TO THE TERMS AND CONDITIONS SET FORTH IN THE DURFOLD CORPORATION QUOTE AND THE ACKNOWLEDGEMENT  AND LOCATED AT WWW.DURFOLD.COM/TOC , WHICH ARE IN LIEU OF AND REPLACE ANY AND ALL TERMS AND CONDITIONS SET FORTH ON CUSTOMER’S PURCHASE ORDER, SPECIFICATIONS, OR OTHER DOCUMENT ISSUED BY CUSTOMER. ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS OR CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY CUSTOMER EITHER BEFORE OR AFTER ISSUANCE OF THIS ACKNOWLEDGMENT ARE HEREBY OBJECTED TO BY DURFOLD CORPORATION, AND ANY SUCH DOCUMENT SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE UNDER THE ACKNOWLEDGMENT AND SHALL NOT BE BINDING IN ANY WAY ON SELLER. No waiver or amendment of any of the provisions of the acknowledgment shall be binding on Durfold Corporation unless made in a writing expressly stating that it is such a waiver or amendment and signed by an officer of Durfold Corporation.
Orders
Customer will initiate offers to purchase products by the submission of a Purchase Order to Durfold Corporation. Purchase Orders will identify the products, unit quantities, any part numbers, descriptions, fabric and wood stain specifications. All Purchase Orders are subject to Durfold Corporation’s acceptance, in its sole discretion, according to product availability and these governing Terms and Conditions.
Requirements of a Valid and Complete Purchase Order
In order to submit a valid and complete purchase order to Durfold Corporation, Customer must provide Durfold Corporation with the following information:

Sold to: Legal name, address (if Durfold Corporation is to bill the end user, provide end user purchase order made out to Durfold Corporation) and phone number.

    • Ship to: Legal name and address
    • Purchase Order Number: From the party Durfold Corporation is to bill.
    • Contact name and phone number: Person Durfold Corporation should contact with any questions regarding the order.
    • Shipping contact: Name and phone number of person to be contacted regarding shipping matters.
    • Tagging instructions.
    • Reference to special pricing agreement or master supply agreement with Durfold Corporation, if any.
    • Installation fees (if possible)
      Prices
      All prices are set forth in US dollars. All quoted prices are subject to change without notice. Prices charged are those in effect at the time of shipment and Customer agrees to pay such prices, subject to any Customer specific pricing and transaction related charges. Prices may increase before shipment in the event Durfold Corporation’s costs increase. If delivery is delayed at Buyer’s request beyond the originally scheduled delivery date, prices are subject to revision.
      Products invoiced and held by Durfold Corporation at Customer’s request will be held at Customer’s sole risk and expense above and beyond the purchase price, including but not limited to storage and handling charges.
      Taxes
      Any applicable sales, excise, use or other taxes, duties or fees which Durfold Corporation may be required to pay or collect, under any existing or future law, upon or with respect to the sale, purchase, delivery, storage, processing, use, consumption or transportation of any products covered hereby, shall be for the account of the Customer, and Customer agrees to pay such amount to Durfold Corporation upon request in addition to the quoted purchase price.
      Terms of Payment
      Subject to the approval of Customer’s credit by Durfold Corporation, standard term of payment is NET thirty (30) days from the date of invoice, and payment shall be made as follows:
      a. For Customers having an established place of business in the United States (excluding protected territories and possessions) and requesting delivery of product in the United States (excluding protected territories and possessions), Customers may pay by business check, money order, major credit card (MasterCard or Visa), or Cash on Delivery (C.O.D).
      b. For Customers requesting delivery of product to locations outside of the United States, Customers must pay by wire transfer of funds only.  A $10,000 minimum order is required for international orders. All international orders will be charged a $30 wire transfer fee. If the minimum requirement is not met, a minimum order fee will be charged the order difference. Normal terms will apply to US companies exporting to foreign countries.
      c. For Customers paying by credit card and ordering NCNR (non cancelable, nonreturnable) or non stock items, the credit card will be charged in advance.
      d. For Customers paying by business check, a $25 fee will be charged for returned checks.
      Customer will pay the total amount of each invoice from Durfold Corporation pursuant to the terms of such invoice without offset or deduction. Invoices not paid when due will bear interest to date of payment at the annual rate of eighteen (18%) percent or such lower rate as may be the maximum permitted by law. If Customer fails to make payment when due, Durfold Corporation may pursue any legal or equitable remedies, in which event Durfold Corporation will be entitled to reimbursement for costs of collection and reasonable attorneys’ fees.
      All Customer Purchase Orders are subject to ongoing credit approval by Durfold Corporation. Customer will submit such financial information as Durfold Corporation may reasonably require for determination of credit terms. Durfold Corporation may, at any time or times, suspend performance of any order or require payment in cash, security or other adequate assurance satisfactory to Durfold Corporation when, in Durfold Corporation’s opinion, the financial condition of Customer or other grounds for insecurity warrant such action. Durfold Corporation may, in its sole discretion, change theses terms of payment without notice, at any time or times, for all future transactions and require advance payment, security, payment by official bank draft or other approved payment means, as Durfold Corporation deems appropriate in its sole discretion.
      If Customer is in default of any payment, Durfold Corporation may, in its sole discretion, suspend or cancel delivery of product under any and all Purchase Orders or cancel any and all Purchase Orders, in whole or in part, and Customer shall be liable to pay Durfold Corporation for products already shipped.
      As may be authorized hereunder, payments by check are subject to collection and the date of collection will be deemed the date of payment.
      Any payment received from Customer may be applied by Durfold Corporation against any obligation owing by Customer to Durfold Corporation under this or any other contract, regardless of any statement appearing on or referring to such check, without discharging Customer’s liability for any additional amounts owing by Customer to Durfold Corporation. The acceptance by Durfold Corporation of such check will not constitute a waiver or settlement of Durfold Corporation’s right to pursue the collection of any remaining unpaid balance.
      Customer may be required to pay a deposit equal to fifty percent (50%) of the purchase price of any custom or nonstandard products identified in Customer’s purchase order.  Any such deposit shall accompany Customer’s purchase order.
      New accounts require the approval of a Durfold Corporation sales representative, credit references, and a valid tax-exempt or resale certificate (where applicable).
      Collection Costs
      In the event Customer defaults on Customer’s payment obligations to Durfold Corporation, and Durfold Corporation employs the services of an attorney or collection agency to enforce these obligations, Customer shall reimburse Durfold Corporation for all of Durfold Corporation’s actual collection costs and expenses (including actual attorneys’ fees and court costs) upon demand.
      Delivery & Title
      Title to customer shall pass to Customer upon delivery by Durfold Corporation to the carrier.  For purposes of risk of loss, all shipments are “F.O.B. Origin” and Customer acknowledges that, once Durfold Corporation delivers the product to the carrier, risk of loss shall pass to the Customer.  If you receive product that is freight damaged, the following steps must be taken:

      1. Before signing for the products or parts, make careful notation of all damages on the bill of lading or delivery receipt.
      2. Immediately file a claim with the delivery carrier. Request an inspection by the carrier agent.
      3. The claim must be filed within ten (10) days of receipt of goods.
      4. Retain all shipping cartons for inspection by the carrier agent.  For concealed damages follow steps 2 through 4.

Shipment Damage Claims
All products are packaged to comply with carrier requirements and leave Durfold Corporation’s manufacturing facility in good condition.  Customer shall be responsible to carefully inspect all products and parts upon delivery and before acceptance.  Any damage discovered upon delivery must be noted on the bill of lading.  Notification of damage discovered after delivery must be given to the carrier within ten (10) days immediately following delivery, and all damaged products must be kept at the point of delivery in its original packaging.  Durfold Corporation shall not be liable for loss or damage to products or parts that occurs in transit, and Customer’s sole remedy for any such damages shall be to seek appropriate recourse against the carrier.
Shortage Claims
Customer must report shortage claims to Durfold Corporation within two (2) days immediately following delivery.  Shortage claims reported after two (2) days will not be honored.
Freight Terms
Durfold Corporation reserves the right to select the “best way” shipment methods and means (including, but not limited to, determination of the carrier, method of shipment, and routing).  Standard delivery shall be dock-to-dock delivery and shall occur Monday through Friday, 7:00 a.m. to 3:00 p.m.  Products quoted as “Delivered Pricing” shall be “F.O.B. Origin,” and freight charges are based on shipments to the 48 U.S. contiguous states.  For shipments destined to other U.S. states or foreign territories, delivery will be made to a prearranged port.  Customer shall prepay all freight charges and any extra expenses resulting from any request by Customer for after-hours, holiday, weekend, or specific time delivery, or special carrier, shipping method, (e.g. air freight, exclusive use vehicle) packaging, and/or routing.
Requests for Specific Delivery Time(s)
Durfold Corporation considers requests for delivery times and for drop shipments to job sites, and will undertake reasonable efforts to indicate any such request(s) to product carriers.  Durfold Corporation may, in its sole discretion, extend to Customer the option of a carrier-guaranteed set delivery time at an additional cost to Customer.  Durfold Corporation’s liability for any damages incurred for any late deliveries, including labor and other expenses resulting from any such delays, shall be limited to a refund of the charge aforementioned guaranteed set delivery time.
Accessorial Fees
Customer shall be responsible for the payment of all accessorial fees, including, but not limited to, charges necessitated by any of the following:

      1. A need for special delivery equipment, including lift gates
      2. Inside delivery
      3. The absence of a loading dock
      4. Redirection or re-consignment of product
      5. Detention charges
      6. Street unloads
      7. Improper refusal of product

Storage of Product
If, following Durfold’s acknowledgement of Customer’s purchase order, Customer requests a delay in shipment for any period greater than one (1) day from the scheduled ship date, Customer shall be responsible for the payment of the following storage fees:

      1. Orders less than a full trailer (11 pallets or 24 feet or less): $5.00 per day per pallet.
      2. Full trailer: $60.00 per day per trailer.

Fuel Surcharge Fee
Durfold Corporation reserves the right to apply a fuel surcharge to Customer orders.  This surcharge may vary over time due to prevailing economic conditions.
Requirements of a Valid and Complete Purchase Order
In order to submit a valid and complete purchase order to Durfold Corporation, Customer must provide Durfold Corporation with the following information:

      1. Sold to: Legal name, address (if Durfold is to bill the end user, provide end user purchase order made out to Durfold Corporation) and phone number.
      2. Ship to: Legal name and address
      3. Purchase Order Number: From the party Durfold Corporation is to bill.
      4. Contact name and phone number: Person Durfold should contact with any questions regarding the order.
      5. Shipping Contact: Name and phone number of person to be contacted regarding shipping matters.
      6. Reference to special pricing agreement, master supply agreement, group purchasing organization (GPO) designation, if any.
      7. Installation, storage, guaranteed delivery, haul-off and any other accessorial type services with Durfold quoted fees (if applicable).
      8. Product Total (in quantity and net dollars)
      9. Model number and description
      10. All colors, stains and finishes
      11. Specials: Inquiry number
      12. Fabric: Patterns, Colors and Manufacturer’s Product Numbers
      13. Fabric alignment request (if necessary) with Durfold quoted net fee
      14. Customer’s Own Material (“COM”): Order entry code (if known), manufacturer, pattern, color, name of company ordering the COM.
      15. Any product options to include on model with net price per option.
      16. On DL Series products, designate which arm should extend out for sleeper position and whether casters are to be locking or non-locking.
      17. On RP Series products, designate whether a locking or non-locking gas cylinder is required.

Acknowledgements
Durfold Corporation sends acknowledgements on all orders.  Please read these acknowledgements and contact Durfold Corporation immediately if there is any discrepancy.  In the event of any difference or inconsistency between Durfold Corporation’s acknowledgement and the Customer’s purchase order, Durfold Corporation’s acknowledgement will control.  In the event the model number and the description differ on the purchase order, the model number will be the determining factor.  Any error or discrepancy on acknowledgement must be reported to Durfold Corporation in writing within three (3) working days of acknowledgement date.  All acknowledgements contain an estimated shipping date, but an order may ship earlier than the estimated shipping date.  If Customer desires delivery on or after a specified date, Customer must write “Do not ship for arrival before ___[date]__” on Customer purchase order.
Fax Orders
Orders may be sent to Durfold Corporation via facsimile (1-601-922-6244), if, following submission of a facsimile order to Durfold Corporation, Customer sends a confirming order, such confirming order must be marked “Confirming Order.  Original order sent via fax.”  Durfold Corporation will not be responsible for  any duplication orders caused by unmarked hard copy, duplicative confirming orders, or orders sent via facsimile more than once.
Return Policy
Customer must obtain a return material authorization number (“RMA No.”) from Durfold Corporation before returning any product eligible for return. No return of eligible products will be accepted by Durfold Corporation without a return material authorization number (RMA No.), which will be issued at Durfold Corporation’s sole discretion. Special order products may not be returned for any reason if non-defective.  All authorized returned products must be unused and re-saleable, in original shipping cartons and must be complete with all packing materials. If returned products are claimed to be defective, Customer must notify a Customer Service Representative of the nature of the defect prior to returning the product. All items not eligible for return will be returned to customer, transportation costs collect. Product returned to Durfold Corporation by Customer for no fault of Durfold Corporation may be subject to a restocking/handling fee.  Products and parts conforming to the specifications contained in Durfold Corporation’s acknowledgement to Customer may not be returned to Durfold Corporation without Durfold Corporation’s written consent, which consent may be conditioned upon, among other things, Customer’s agreement to pay re-handling and/or restocking charges and/or prepay all freight charges on return shipment.
Cancellation of Orders
Orders may not be canceled after Customer has submitted Purchase Order to Durfold Corporation.
a. Regularly Stocked Products. Customer may, without charge, cancel a Purchase Order, in whole or in part, for regularly stocked parts by written notice of cancellation to Durfold Corporation not less than sixty (60) days before Durfold Corporation’s scheduled shipment date. Any written notice of cancellation of a Purchase Order, in whole or in part, received by Durfold Corporation less than sixty (60) days before the scheduled shipment date may be refused or accepted by Durfold Corporation in its sole discretion, and if accepted, all canceled products may be subject to a restocking/handling fee.
b. Special Order Products. Customer may not cancel special order products, which include but are not limited to products not regularly stocked by Durfold Corporation, products that are subject to minimum order requirement and products that have special handling charges. All sales of special order products are sold on a final, non-cancelable, non-returnable, non-refundable basis.
Weights and Measurements
All weights, measurements and dimensions listed in Durfold Corporation’s product and part information, specifications, listings and pricing are approximate.
Limited Warranty & Limitations of Liability
Durfold Corporation warrants to Customer that the products delivered will conform substantially to the description set forth in the Purchase Order. WITH THE EXCEPTION OF THE FOREGOING WARRANTY, DURFOLD CORPORATION MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED WITH REGARD TO THE PURCHASE OF PRODUCTS, AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE PURCHASE OF PRODUCT UNDER THIS CONTRACT MAY BE BROUGHT BY CUSTOMER MORE THAN TWO YEAR’S AFTER THE CAUSE OF ACTION HAS ACCRUED.
IN NO EVENT SHALL DURFOLD CORPORATION BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (REGARDLESS OF HOW STATED) ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE USE OF ELECTRONIC MEANS TO CARRY OUT A PURCHASE TRANSACTION, OR THE PURCHASE OF ANY PRODUCT HEREUNDER, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFIT, LOSS OF PROMOTIONAL OR MANUFACTURING EXPENSE, OVERHEAD, INJURY TO REPUTATION, LOSS OF GOODWILL, LOSS OF CUSTOMERS, INJURY TO USERS, STAFF, OR ANYONE IN PROXIMITY TO THE OPERATION OF PRODUCTS, WHETHER OR NOT DURFOLD CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL CUSTOMER’S RECOVERY FROM DURFOLD CORPORATION FOR ANY CLAIM EXCEED CUSTOMER’S PURCHASE PRICE FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM IRRESPECTIVE OF THE NATURE OF THE CLAIM, WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE.

With respect to products that do not meet applicable manufacturer’s specifications, Customer’s sole remedy and Durfold Corporation’s total liability is limited to a refund of Customer’s purchase price for such products or replacement of such products; provided, however, that such products are returned, transportation charges prepaid, to Durfold Corporation along with acceptable evidence of purchase of such products from Durfold Corporation, within twenty (20) days from the date of delivery to Customer.
Product Warranties
These Terms and Conditions and Product Warranties may change from time to time.  Purchases of products from Durfold Corporation shall be subject to Durfold Corporation’s then current Terms and Conditions which can be found at:
www.durfold.com/toc
Life Support Applications
The products delivered hereunder are neither designed nor intended for use in life support or any medical support situations where operation or malfunction of the goods can result in a personal injury or loss of life. Notwithstanding anything to the contrary contained in these terms and conditions, CUSTOMER shall indemnify Durfold Corporation against, and hold Durfold Corporation harmless from, any cost, loss, damage, or other related liability (inclusive of reasonable attorney’s fees) arising from or related to the use of the products in such situations.
Force Majeure
Durfold Corporation will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control, including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, government priorities, fire, strikes, floods, epidemics, quarantine restrictions, riots, terrorists acts, fuel or energy shortage, inability to obtain necessary labor, materials, or manufacturing facilities from usual sources, failure of suppliers to meet their obligations or war. Durfold Corporation’s time for delivery or performance will be automatically extended by the period of such delay or Durfold Corporation may, at its option, cancel any order, in whole or in part, without liability by giving notice to Customer.
Sale Conveys no License
The products sold hereunder are offered for sale and are sold by Durfold Corporation subject in every case to the condition that such sale does not convey any license, expressly or by implication, estoppel or otherwise, under any patent claim with respect to which Durfold Corporation can grant licenses covering complete products, or any assembly, fabrication, method or process in which any such parts are used as components. Durfold Corporation expressly reserves all of its rights under such patent claims.
Export Controls
Customer acknowledges that the products ordered and delivered may be subject to the export control laws and regulations of the United States of America and the country in which Customer is located. Customer shall be solely responsible for the determination of and adherence to the export control laws and regulations applicable to the products ordered by Customer. Customer agrees not to export or re-export products in violation of such laws and regulations. Moreover, Customer agrees not to export products or any documentation or information related thereto (i) to any country in which the United States has embargoed or restricted the export of goods and services (including but not limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) or to any national of any such country or other person or entity, wherever located, who intends to transmit, transport or deliver products to such a country; or (ii) to any end user who has been prohibited from participating in export transactions by a governmental agency, including but not limited to any federal agency of the United States government. These restrictions may change from time to time. If Customer has any questions regarding its obligations under the export laws and regulations of the United States of America, Customer should contact the Bureau of Industry and Security, U.S. Department of Commerce. For current information and contact addresses and telephone numbers, see http://www.bxa.doc.gov/.
Indemnification
Customer agrees to indemnify and hold harmless Durfold Corporation from and against any and all claims, liabilities, damages, costs and expenses (including reasonable attorneys’ fees and litigation expenses) arising from or related to (i) the purchase, use and/or distribution of products supplied by Durfold Corporation in violation of the terms and conditions of this Agreement, (ii) the negligence or lack of due care by Customer, Customer’s customers, agents, employees, users or invitees, in whole or in part, and (iii) infringements of third party intellectual property or other proprietary rights arising from the use or distribution of supplied products by Customer, Customer’s customers, agents, employees.
Statute of Limitations
Except as specifically set forth in these Terms and Conditions, no claim arising out of or in connection with products purchased from Durfold Corporation, these Terms and Conditions, or any product warranty applicable to any Durfold Corporation product or part may be brought by Customer more than one (1) year after the cause of action on which it is based has accrued.
Governing Law
This Agreement and any product warranties applicable to the products or parts purchased by Customer from Durfold Corporation shall be construed and controlled by the laws of the State of Mississippi, without application of its conflict of laws provisions, and the applicable laws of the United States of America. Customer consents to jurisdiction and venue in the state and federal courts sitting in the State of Mississippi. The United Nations Convention on the International Sale of Goods shall not apply and its application is hereby expressly excluded.
Notification to Durfold Corporation
Except as set forth elsewhere in these Terms and Conditions, all inquiries and correspondence to Durfold Corporation should be directed to:
Durfold Corporation
Attn: Chief Executive Officer
102 Upton Drive
Jackson, MS 39209
Phone: 1-800-345-6849
Relationship of Parties
The parties to this Agreement are independent contractors and neither this Agreement, nor any terms or conditions herein, shall be construed as creating a joint venture, partnership, agency or franchise relationship.
Consent to Electronic Agreement, Records & Signatures
This Agreement or any purchase transaction (or any signature, writing, or record pertaining thereto) shall not be denied legal effect, validity, or enforcement solely because it is in electronic form and/or because an electronic signature or electronic record was used in its formation. Customer expressly consents to Durfold Corporation’s use of electronic documents and records to provide purchase transaction information. Upon reasonable request, Customer may obtain a printed copy of electronic documents and records pertaining to Customer’s purchase transaction(s) at Durfold Corporation’s cost of preparation and mailing of such copies.
Entire Agreement
This Agreement shall constitute the entire agreement between the parties with respect to the purchase of products and supercedes all prior or contemporaneous communications, both oral or written. Neither this Agreement nor any Purchase Order shall be modified except in writing signed by a duly authorized representative of each party. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same of any other provision hereof, and no waiver shall be effective unless made in writing and signed by a duly authorized representative of the waiving party.   Terms of this Agreement shall govern any group purchasing organization (GPO) member(s) that decline to designate a singular and appropriate GPO affiliation for Durfold to honor.   Customers that designate their GPO affiliation on Customer’s initial purchase order as received by Durfold Corporation will institute the terms of Agreement between Durfold Corporation and designated GPO (if applicable).  Any terms of this Agreement that are in addition to or expound on terms provided by Durfold Corporation’s agreement with GPO but are specific to GPO member shall be incorporated into governing Agreement.
Sales Associates Level of Authorization
Authorization to process a purchase order is limited to the specific terms and conditions set forth in this agreement. Durfold Corporation’s sales associates, customer support staff and all other employees do not have the authority to commit the company to any contracts or agreements beyond the scope of these terms and conditions. Any contract or agreement outside the scope of these terms and conditions must be signed and approved by an officer of Durfold Corporation to be valid.
Breach
Any one of the following acts by Customer shall constitute a breach of Customer’s obligations hereunder:

      1. Failure to make payment for any goods or services from Durfold Corporation when due;
      2. Failure to accept conforming goods or services supplied hereunder;
      3. The return of any goods delivered to Customer without the prior written consent of Durfold Corporation;
      4. The filing of a voluntary or involuntary petition in bankruptcy against Customer, the institution of any proceedings in insolvency or bankruptcy (including reorganization) against Customer, the appointment of a trustee or receiver of Customer, or an assignment for the benefit of the Customer’s creditors; or
      5. Any other act by Customer in violation of any of the provisions hereof.
  • In the event of any such breach by Customer, Durfold Corporation may, by written notice to Customer, terminate the order covered hereby or any part thereof, without any liability whatsoever. Customer shall pay all costs, including reasonable attorneys’ fees, incurred by Durfold Corporation in any action brought by Durfold Corporation to collect payments owing or otherwise enforce its rights hereunder
    Severability
    If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid and/or unenforceable, the remaining provisions shall remain in full force and effect.
    Section Headings
    The section headings used in this Agreement are for convenience only and shall not be deemed to supersede or modify any provision.