DriFlower™ Terms & Conditions
- Definitions
“Seller” means DriFlower™ LLC.
“Buyer” means Seller’s customer as described in any proposal, quotation, invoice, or order acknowledgment provided by
Seller to Buyer under these Terms & Conditions.
- Effect of Terms and Conditions
These Terms and Conditions apply to every proposal, quotation, invoice, or order acknowledgment issued by Seller to
Buyer. They supersede all prior oral or written statements or documents relating to the same subject matter. They also
supersede any terms or conditions in a Buyer’s purchase order or other communications. Seller expressly objects to any
terms not contained in these Terms & Conditions or in Seller’s written documentation.
- Prices and Taxes
All prices for products, equipment, services, and/or parts (‘Goods’) are quoted in U.S. Dollars unless otherwise stated.
Prices exclude all federal, state, municipal, or other governmental taxes and tariffs, which shall be paid by Buyer unless
Buyer provides a valid tax exemption certificate. Prices are based on costs and market conditions at the time of the
proposal, quotation, or acknowledgment and may be adjusted before invoicing if such costs or conditions change.
- Terms of Payment
Payment is due within 30 days of the invoice date, unless otherwise agreed in writing. No shipment will occur before
Seller receives complete payment, unless otherwise agreed. Orders requiring a manufacturing lead time require a 65%
down payment before production. Overdue amounts bear interest at 1.5% per month until paid in full. Buyer is
responsible for all collection costs, including reasonable attorneys’ fees. Returned checks will incur a $30 service
charge. Seller may suspend or cancel orders if Buyer is past due, financially unstable, or otherwise deemed a credit risk.
- Lead Times
Lead times are estimates only. Seller is not liable for losses due to failure to meet estimated lead times if delivery occurs
within a reasonable time under industry standards and market conditions.
- Quantity Variances
All Goods are custom, specialty metal products. Industry standard allows for quantity variances of ±10%. Seller may
invoice for and deliver quantities within this tolerance, and such orders shall be deemed fulfilled.
- Delivery
Unless otherwise stated, all shipments are F.O.B. point of origin at the Seller’s facility. Title, risk of loss, and possession
transfer to Buyer upon release to the carrier. Buyer is responsible for insurance and for filing claims with carriers for
delays, damage, or loss. Shipping costs are the Buyer’s responsibility unless otherwise stated.
- Force Majeure
Seller is not liable for delays or non-performance due to causes beyond its reasonable control, including: Acts of God,
Government actions, Strikes, lockouts, or labor disputes, Accidents, fires, or equipment breakdowns, Supply chain
disruptions or transportation issues.
- Cancellation
Once an order acknowledgment is issued, Buyer may not cancel without Seller’s written consent. Buyer must reimburse
Seller for all costs incurred, including labor, materials, and specialized design work.
- Limited Warranty
10.1 Warranty Coverage: DriFlower™ warrants to the original purchaser that its products will be free from defects in
materials and workmanship under normal use for one (1) year from the date of purchase. This limited warranty is
non-transferable and applies only to the original buyer.
10.2 Remedies: If a defect covered by this warranty arises during the warranty period, DriFlower™ will, at its option, either
repair the defective product or replace it with a new or equivalent product at no additional cost.
10.3 Coverage Includes: Defects in fabrication or structural components (aluminum or stainless steel parts), Failures in
welds, joints, or assembly under normal use, Manufacturing or workmanship errors.
10.4 Exclusions: Cosmetic damage from normal wear and tear, Damage from misuse, neglect, modifications, improper
installation, overloading, or unauthorized repair, Environmental damage or corrosion, Consumable accessories like
J-Hangers.
10.5 Warranty Claims: Contact support@DriFlower™.com with proof of purchase, photos, and a description of the issue. All
returns must be pre-authorized.
10.6 Limitations: This is the only express warranty. DriFlower™ disclaims all implied warranties to the extent permitted by
law and is not liable for incidental, consequential, or special damages.
- Limitation of Remedies and Liabilities
Buyer’s sole remedy is repair or replacement of defective Goods, or a refund if Seller cannot repair or replace. Seller is
not liable for special, incidental, consequential, or exemplary damages.
- General Conditions
No modification or waiver is valid unless in writing and signed by Seller. Neither party may assign without written
consent, except Seller may assign to a successor or asset purchaser. Governed by Oregon law; disputes in Jackson
County, Oregon. Disputes resolved by binding arbitration under AAA rules.
- Website Disclaimer
Information on the DriFlower™ website is provided “as is” without any warranty of fitness for a particular purpose.
DriFlower™ is not responsible for the accuracy, completeness, legality, or reliability of website content. Cannot guarantee
the site is virus-free.