Murphy Door

MURPHY DOOR, INC. TERMS & CONDITIONS

These Terms and Conditions (these “Terms”) are a legal agreement between Murphy Door, Inc. (“Murphy Door” “we”, “us”, or “our”) and the user (“you”, “your”, “yours”, “user”). This agreement states the terms and conditions under which you may use Murphy Door’s websites (the “Site”) or purchase any products sold by Murphy Door or its affiliates (the “Products”). By clicking “I Agree,” purchasing any Products, or accessing the Site you expressly agree to, and consent to be bound by, these Terms and the Privacy Policy found here (the “Privacy Policy”). Please read these Terms and the Privacy Policy carefully before accessing and using the Site or purchasing any Products. Murphy Door may revise these Terms and the Privacy Policy at any time without notice by updating the Site. When you use the Site, please check the date that appears at the top of these Terms and review any changes since the last version. Your continued use of the Site or purchase of any Products means that you accept and agree to any revisions to these Terms and the Privacy Policy. If you do not wish to be bound by these Terms, please exit now and do not purchase any Products. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MURPHY DOOR AND GOVERNS YOUR USE OF THE SITE AND PURCHASE OF PRODUCTS DESCRIBED BELOW.

Shipping, Receiving, and Inspection of Products

You are guaranteed to receive the Products in new and undamaged condition. All  assembled doors are delivered palletized and shipped in an upright position unless the door height prohibits the door from being loaded accordingly. Unassembled doors may or may not be on a pallet depending on quantity per order and size of unit.  Please note that all of our orders are curbside delivery, and that Murphy Door is not responsible for delivering the Products to your garage, into your home, or to any place other than the curbside.  If arrangements are made with the freight company to deliver the Products to a place other than the curbside of the address you provide, you agree to be responsible for all additional charges that result.  

When you receive the Products, and sign to accept it, you acknowledge that you have had adequate opportunity to inspect the Product, and you waive any right to return the Products as damaged. If the Products are damaged in shipping you (or your agent) must list any damage on the trucking company receipt, which is labeled “proof of delivery” or “Bill Of Lading” (“BOL”). You have the right, the obligation, and responsibility to inspect the Products and to report any defect in the Products immediately to Murphy Door.  If you accept the Products from the freight company and sign the BOL without giving notice of defect to Murphy Door and annotating the BOL, the Products are considered delivered and accepted as is and Murphy Door will not be liable to you for any later claim that the Products were damaged at the time of delivery. You further acknowledge by signing for the Products without giving notice to Murphy Door of any defect, that damages to the Products will be presumed to have occurred after delivery.  By using the Site or purchasing the Products, you agree to the foregoing, and acknowledge that this policy is reasonably necessary because of the nature of the Products. 

Estimated Delivery Times

Murphy Door provides estimated delivery time for convenience only, and you agree not to rely on the delivery date, which is an estimate based upon Murphy Door’s historical delivery times and information provided by third-party shipping companies.  Murphy Door does not provide an exact date for shipping and you agree that Murphy Door will not be liable for any damages resulting from delivery occurring after an estimated delivery time. Tracking information will be provided within 24 hours from the time the Products ship. All sales are final and you will not be able to cancel any order due to delays in shipping. 

All shipments are handled by third-party shipping companies and all appointments for receiving the Products are made directly with them. Murphy Door accepts no liability for missed appointments, and makes no guarantees regarding the accuracy of third-party delivery times and professionalism. 

Order Placements

You are responsible for all communications made to Murphy Door in the ordering process, and your placement of any order is final except as otherwise provided herein. It is your responsibility to verify all measurements on your property and compare them to the dimensions listed on the Site. Murphy Door will not accept responsibility for your errors regarding any order or the measurement of any Products that meet those specifications listed on the Site. The advice of Murphy Door employees or representatives does not constitute any implied warranty of merchantability or fitness for any particular purpose.

Sale Terms

Due to the customized and specialty nature of the Products, all orders are considered special orders. You acknowledge the unique and special nature of your order and agree that after 24 hours from the date and time of your order, your order will be final and nonrefundable. Once your order is placed, you have the ability to cancel your order within 24 hours subject to a restocking fee equal to 25% of the amount of the cancelled portion of your order. By submitting a final order to Murphy Door, you agree to this provision and acknowledge that it is reasonably necessary so that Murphy Door can deliver your customized order in a timely manner to your requested specifications. All cancellations must be made via email to service@murphydoor.com.  If you cancel your order after 24 hours, no refund will be issued unless expressly agreed in writing by Murphy Door as provided herein. You acknowledge that you have read, understand and agree to all terms and conditions listed on the Site and at checkout, and the provisions of this paragraph and these Terms supersede any oral representation made by any employee, representative, or affiliate of Murphy Door during the placement of your order. Please be aware that if you cancel your order after the 24 hour cancellation window, or if you dispute any charge to your credit card in an attempt to circumvent any provision of this paragraph or these Terms, you will be responsible for the costs incurred by Murphy Door in collection of your payment, and that your failure to pay will be reported to all major credit reporting agencies pursuant to the Fair Credit Reporting Act.  Please see below under the Collection Proceedings section for details. You further acknowledge that, if you obtain any Products or access to the Site by fraud or deceit, or if you engage in a frivolous dispute of charges, you may be prosecuted under the criminal statutes of the relevant state.

Damages/ Repairs/ Claims

Although Murphy Door does all it can to insure quality product without error, there are times that mistakes or errors are made, Murphy Door reserves the right to repair and or replace the door until the door is as Murphy Door advertised functionally.  At times the best solution is to have the homeowner, homeowners contractor and or specialist repair the door.  Due to the wide variation of contractor rates globally, Murphy Door is using one standard rate  and Will NOT pay  per location.   In the case that a door needs to be repaired a trip charge will be paid at $75.00. And a 1 hour minimum at $50.00 per hour,  Although most items will fit in the 1 hour repair time frame, in the rare incident that it has multiple issues Murphy Door will pay on a per item basis with an average of 30 min per item estimated.  Ie: 1 hour for install and removal, at a rate of $48.00 per hour.  In the case minor adjustments must be made to the door, Murphy Door will go off standard book rate for repair as per Murphy Doors repair standards.  IE:  Door hinge adjustment 30 min.,  Door frame adjustment, 30 min.  Minor touch up and sanding 30 min.  Cabinet door reinstall 10 min.  Magnetic lock replacement or adjustment 30 min. If your issue is not listed please contact us directly for a book rate on repair.  Murphy Door MUST approve all repairs prior, all repairs completed with out authorization and pre-approval from Murphy Door will be declined, and will not be reimbursed.

Exchanges or Returns

Murphy Door reserves the right, in its sole discretion, to allow you to return the Products upon written agreement between you and Murphy Door, and upon the terms and conditions set forth in such written agreement, with exception of Custom Made Doors, Under no circumstance will Custom doors be considered for return or refund.    In the event such an agreement is made, Murphy Door will credit you in full minus a 25% restocking fee upon receipt of the product and a 50% restocking fee on all products over 30 days.   All electronics are to be in full working condition and in unopened packaging to qualify for any refund, in the event your product is a specialty product like an automated door system no alterations or damage to the product will be accepted for refund.   You acknowledge that it is your responsibility to repackage, or pay to repackage, the Products in exactly the same manner as the Products were packaged when you received them, including preparation for palletized shipment. All shipping and packaging expenses for return and reshipment will be your sole responsibility. It is recommended that you insure the Products for full value during shipping, as you will be responsible for any loss or damage that occurs in transit. You acknowledge that any and all such damages, upon reasonable inspection by Murphy Door, will be charged to your account by the method of payment you used to purchase the Products. If that method is insufficient, any remaining amounts will be billed directly to you and payable on receipt of invoice. 

International Shipping

Murphy Door offers express service by sea to several international countries. If you request air service, you will be responsible for the additional cost of shipping, although Murphy Door makes no guarantee that air service is offered to your country.  All quotes given by Murphy Door Representatives do not include brokerage fees or taxes. Any other requirements imposed by your local government for the importation of wood or stains or any of the Products are your responsibility to investigate.  If any issues occur in your home country due to these issues, Murphy Door will not be responsible for cancelation, return or refund.  All Products sold internationally are sold as is. All warranty claims will be handled on a case by case basis. Murphy Door does not offer refunds for international sales. Where possible, Murphy Door recommends that you complete all communications and makes necessary arrangements for pickup at one of our facilities. You acknowledge that it is your sole responsibility, and that Murphy Door will not be held liable, to know the rules and regulations of  any country outside of the United States regarding taxation, customs, the importation of commodities such as wood, or any other matter.  You are responsible to become familiar with the requirements of the country into which any Products will be imported, including but not limited to, fumigation, investigation, or inspection requirements of any foreign government.

Discounts

Murphy Door may offer discounts based on quantity orders and package pricing. By accepting any discount from Murphy Door, you understand and acknowledge that cancelling any portion of your order in a manner that brings your order below the quantity of Products required for the discount or causes the order to be ineligible for the package pricing will cause your price to be adjusted to the price after removing such discounts and/or package pricing.

Product Dimensions

All dimensions for items are posted online or are available upon request. Murphy Door does not know the size of your intended location of installation and it is your sole and complete responsibility to determine if the Products will fit in your intended location of installation. The Products are built to the measurements and specifications listed on the Site or made available to you and are not adjusted for your particular purpose. Murphy Door does not offer custom sizing or manufacture unless such specifications are confirmed in writing and you pay custom fees as a part of your initial order.  If retrofit is required, it is your responsibility to modify the wall and any openings and not the responsibility of Murphy Door. The Products are designed to fit in standard installation locations, but Murphy Door makes no guarantee that the Products will fit in your intended location of installation, regardless of the size. If you determine that the Products must be disassembled for your particular purpose, you take complete responsibility for such disassembly and for any damages that may occur as a result of disassembly.

Damage Claims

MURPHY DOOR OFFERS ABSOLUTELY NO REFUNDS ON PURCHASES. If the Products are damaged or defective beyond repair or they do not meet the specifications of your order, you must refuse delivery. Please be sure you mark damaged on the BOL and return the Products with the freight company at the time of delivery.  If no note of damage is mentioned on the BOL, no damage claim may be filed with Murphy Door, and Murphy Door will not be liable for any costs incurred.  If you refuse delivery of items in good condition that are not damaged or defective to Murphy Door, you will be responsible for all shipping charges and a restocking fee equal to 50% of the amount of returned portion of the order. If you return Products that are damaged beyond repair and correctly mark the BOL, once the claim is complete and the freight has been inspected by the freight carrier, Murphy Door will ship replacement Products of the same size and specifications. You acknowledge and agree that even damaged goods will not be refunded.  

If the Products are damaged, but you reasonably determine that they can be repaired locally, you are required to appropriately mark the BOL and immediately contact Murphy Door to request written approval of a repair estimate. Damage claims must be reported to Murphy Door via e-mail or fax with photos within 24 hours of delivery. Damage claims that are not reported in writing with photo's within 24 hours of delivery will not be honored.  Please remember that if you accept the Products and do not note the damages on the BOL and notify Murphy Door within 24 hours of delivery, no damage claim can be filed.  

Electronic Components

All electronic component warranties must be approved by Murphy Door. You acknowledge that Murphy Door will not be liable for any failure by the installer to properly install the Products.  Murphy Door will not be liable for the cost of any electrician or other contractor hired to repair or replace electric or electronic devices.  Murphy Door warranties all electrical components for one year against mechanical defects that exist upon your receipt of the Products, and not caused by you or any installer that you hire. Murphy Door offers no refunds on electrical components without exception. All warranty replacements require the customer to return the faulty Products prior to Murphy Door shipping a new item. Once the item is received and diagnosed, which takes an average of 4-6 weeks, the replacement item will be returned to customer using Murphy Door’s standard shipping procedures.

Assembly

Most Murphy Door Products are assembled at the factory. When necessary, large pieces are partially broken down into small pieces for shipping. Murphy Door does not offer installation or assembly services and is not liable for any damages resulting from your installation or assembly of the Products. Assembly is required on some Products, and you should seek competent assistance where necessary in assembling and installing the Products. Murphy Door does not guarantee that you will be able to assemble or install the Products on your own without the aid of a professional contractor. Murphy Door is not responsible for improper installation, damage to the Products, or any other damages resulting from your assembly or installation of the Products. Murphy Door is not responsible for damage to person or property due to improper assembly, use, or installation of the Products.

Storage & Delivery

 Murphy Door Inc. will gladly store any item purchased for the customer free of charge for upto 6 months, after 6 months Murphy Door will make 3 attempts to contact the customer, if customer is unreachable Murphy Door Inc reserves the right to sale your item and NO refund will be issued to the consumer.  If the customer chooses to have Murphy Door store for an additional time Murphy Door reserves the right to charge a fair price for storage of item equal to $10.00 per day and no more than $300.00 per month.  

Delivery Murphy Door will make a reasonable amount of delivery attempts if for any reason the customer is unreachable by the carrier and the carrier is forced to charge reallocation or storage fees, these fees must be paid by the consumer prior to the door being redelivered.  In the event the item is returned to the distribution centers the customer may be responsible for a new shipping charge.  

Hardware

All Murphy Door hardware has a full lifetime guarantee. You acknowledge and agree that Murphy Door may, in its sole discretion, provide a full refund minus a restocking fee of 25% on all hardware within 90 days, as long as the hardware has never been opened.  After 90 days, no refund is available.  For any refunds or returns, you will be responsible for all shipping costs. Murphy Door will process your return or refund request within 7-14 days of Murphy Door’s receipt of the written request. Upon Murphy Door’s acceptance of your refund or return request, the shipping, estimated delivery, and inspection provisions of these Terms will apply.

Changing Delivery Destination

Murphy Door will not be responsible for extra freight charges incurred if you change the delivery destination while the Product is en route. There is no guarantee that you will be able to change the delivery destination while the Product is en route. Extra freight charges may apply and will be your responsibility for any change of the delivery destination provided in your initial order.

Applicable Law

This Site is controlled by Murphy Door from its offices within the United States of America. Murphy Door makes no representation that the Site or its contents are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access this Site from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content in violation of U.S. export laws and regulations. Any action related to the Site, the content or these Terms shall be governed by Utah law and controlling U.S. federal law, without regard to conflicts of laws thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Weber County, Utah for any legal proceedings related to the Site or these Terms. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys’ fees.

Collection Proceedings

In the event that Murphy Door begins collection proceedings due to non-payment or credit card payment disputes, it will be your responsibility to pay for all collection and court proceedings, and to return the Products to Murphy Door pursuant to these Terms. If the Products are damaged by you or in transit back to Murphy Door it is your responsibility to pay for all damages.  All overdue payments shall bear interest at the lesser of the rate of eighteen percent (18%) per annum or the maximum rate permitted by applicable law, compounding monthly on the first day of each month and calculated on the basis of a 360-day year, from the date due until paid. In all collections proceedings, Murphy Door will report your failure to pay to all major credit reporting agencies in compliance with the Fair Credit Reporting Act.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER MURPHY DOOR NOR ANY AFFILIATE, EMPLOYEE, ASSOCIATE OR AGENT THEREOF SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, AND WHETHER OR NOT MURPHY DOOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPECIFICALLY, YOU RELEASE MURPHY DOOR FROM ALL LIABILITY FOR DAMAGES BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, FAILURE TO PROPERLY TAKE MEASUREMENTS OR INSTALL THE PRODUCT, LOSS OF GOOD-WILL, OR OTHER INTANGIBLE LOSSES OR BUSINESS INTERRUPTION). TO THE FULLEST EXTENT PERMITTED BY LAW, MURPHY DOOR’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100).

No Guarantee of Results

THE MURPHY DOOR GUARANTEE IS LIMITED TO THE QUALITY AND FUNCTIONALITY OF THE PRODUCTS. MURPHY DOOR AND ITS PARTNERS ARE NOT CONTRACTORS OR CONSULTANTS. MURPHY DOOR DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING THE PRODUCT, OR THE FUNCTION, EFFECTIVENESS OR TIMELINESS OF THE SITE OR SERVICES IN MEETING YOUR OBJECTIVES. MURPHY DOOR MAKES NO GUARANTEE THAT THE PRODUCT WILL FIT IN YOUR INTENDED LOCATION OF INSTALLATION OR IS APPROPRIATE FOR YOUR INTENDED USE. MURPHY DOOR IS NOT RESPONSIBLE FOR ANY DESIGN OR CONSTRUCTION DECISIONS WHATSOEVER MADE BY ANY USER.

Updated on March 15, 2016

Murphy Door reserves the right to make changes to terms at anytime.