Terms of Sale & Limited Warranty Agreement

Payment Terms

All invoices are due upon receipt unless otherwise agreed to in writing on the face of the invoice.

Late Payment

Any balance not paid by the due date will be considered overdue. Overdue balances are subject to a finance charge of 1.5% per month (18% annually), or the maximum rate permitted by law, whichever is less.

Disputed Charges

Customers must notify Norden Mfg. LLC in writing of any disputed charges within thirty (30) days of the invoice date. Failure to provide timely written notice constitutes full acceptance of the invoice as issued.

Returns & Refunds

Returns are accepted within 30 days of delivery, subject to prior written approval from Norden Mfg. LLC. Returned items must be in new, unused condition. A restocking fee may apply to any returned item not meeting this condition. Custom or special-order products are non-returnable and non-refundable.

Shipping & Risk of Loss

Unless otherwise noted in writing, all shipments are FOB Origin. Title and risk of loss transfer to the customer upon delivery to the common carrier. Shipping and freight charges are the sole responsibility of the customer unless explicitly agreed upon in writing.

Collections & Legal Fees

In the event of non-payment, the customer agrees to pay all costs incurred by Norden Mfg. LLC in collecting overdue balances, including reasonable attorney’s fees, collection agency fees, and court costs.

Limited Warranty & Limitation of Remedies

One-Year Limited Warranty

Norden Mfg. LLC warrants products to be free from defects in material and workmanship for a period of one (1) year from the date of purchase. Norden Mfg. LLC’s sole obligation under this warranty is strictly limited to the repair or replacement, at its sole discretion, of defective goods returned to our facility. This warranty does not cover damage or defects resulting from misuse, product abuse, improper installation, normal wear and tear, lack of maintenance, or unauthorized modifications. Equipment registration is available at: nordenmfg.com/warranty-registration.

EXCLUSION OF ALL OTHER WARRANTIES (UCC § 1302.29)

THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NORDEN MFG. LLC DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY & ECONOMIC LOSS DOCTRINE WAIVER

TO THE FULLEST EXTENT PERMITTED UNDER OHIO LAW, NORDEN MFG. LLC SHALL NOT BE LIABLE FOR ANY PURELY ECONOMIC LOSSES, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS EXCLUSION INCLUDES, BUT IS NOT LIMITED TO: LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF USE, DOWNTIME, REMOVAL OR REINSTALLATION COSTS, OR DAMAGE TO OTHER PROPERTY OR CROPS.

THE BUYER EXPRESSLY AGREES THAT BUYER’S EXCLUSIVE REMEDY AGAINST NORDEN MFG. LLC IS THE REPAIR OR REPLACEMENT OF DEFECTIVE GOODS AS STATED ABOVE, AND THAT THIS CONTRACT REPRESENTS THE ENTIRE ALLOCATION OF RISK BETWEEN THE PARTIES. NO TORT CLAIM, INCLUDING CLAIMS BASED ON NEGLIGENCE OR STRICT LIABILITY, MAY BE MAINTAINED FOR PURELY ECONOMIC LOSS.

Governing Law & Forum Selection

These terms shall be governed by, construed, and enforced strictly in accordance with the laws of the State of Ohio, without regard to its conflict of law principles. Any legal action arising from these terms or sales shall be brought in Trumbull County, Ohio.

Entire Agreement

These terms and the associated invoice represent the complete and exclusive agreement between Norden Mfg. LLC and the customer with respect to the subject matter hereof, superseding all prior or contemporaneous oral or written agreements, communications, or promises.