We may change these terms from time to time without notice you. Changes will apply to any subsequent order received. Once your order has been confirmed, we will not be able to make any changes.
This site ("kelopell.com") is operated by kelopell.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under copyright laws, and is the property of kelopell.com. The collective work includes works that are licensed to kelopell.com. Copyright 2021, kelopell.com ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with kelopell.com or purchasing kelopell.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own commercial use, or to place an order with kelopell.com or to purchase kelopell.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by kelopell.com
You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Limitation of liabilitykelopell.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if kelopell.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical errorsWhile kelopell.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. kelopell.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, kelopell.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is priced incorrectly, kelopell.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
TerminationThese terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by kelopell.com without notice at any time, for any reason. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
Use of siteHarassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a kelopell.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
LinksIn an attempt to provide increased value to our visitors, kelopell.com may link to sites operated by third parties. However, even if the third party is affiliated with kelopell.com, kelopell.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of kelopell.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, kelopell.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Different pricing currenciesPricing of products sold by kelopell.com is based upon figures calculated in U.S. Dollars (US$). Prices displayed in other currencies are converted from U.S. Dollars according to the most up to date conversion rates. Due to fluctuating currency values, prices displayed in non-U.S. denominations of currency on the Site, other than on the individual product page, may not be the most current. Areas of the Site where non-U.S. denominations of currency might be inaccurate include, but are not limited to, promotional banners, promotional pages, and information on product category pages. The price displayed on an individual product page, regardless of currency denomination, is the current price you are liable to pay to kelopell.com, excluding shipping.
1. TERMS AND CONDITIONS TO GOVERN - These terms and conditions represent the final and complete agreement of the parties and no terms or conditions in any way modifying or changing the provisions stated herein shall be binding upon Our Company unless made in writing and signed and approved by an officer or other authorized person at Our Company. No modification of any of these terms shall be modified by Our Company's shipment of goods following receipt of Buyers purchase order, shipping request or similar forms containing printed terms and conditions additional to or in conflict with the terms herein. If any term, clause or provision is declared to held invalid by a court of competent jurisdiction, such declaration or holding shall not affect the validity of any other term, clause or provision herein contained.
2. ACCEPTANCE OF ORDERS - All orders are subject to written price verification by authorized Our Company personnel unless designated in writing to be firm for a specified period of time. Shipment of goods without written price verification does not constitute acceptance of the price contained in the order.
3. SUBSTITUTION - Our company reserves the right, without prior notification, to substitute an alternative product of like kind, quality and function. If the Buyer will not accept a substitute, the Buyer must specifically declare that no substitution is allowed when the buyer requests a quote, if such request for quote is made, or, if no request for quote was made, when placing an order with the Our Company.
4. PRICE - Prices quoted, including any transportation charges, are valid for 10 days unless designated as firm for a specific period pursuant to a written quote or written sales acceptance issued or verified by an officer or other authorized personnel of Our Company. A price designated as firm for a specific period may be revoked by Our Company if the revocation is in writing and is mailed to the Buyer prior to the time a written acceptance of the price is received by Our Company. All prices and deliveries are F.O.B. shipping point. Our Company reserves the right to cancel orders in the event selling prices which are lower than prices quoted are established by government regulations.
5. TRANSPORTATION - Unless otherwise provided, Our Company shall use its judgment in determining carrier and routing. In either case, Our Company shall not be liable for any delays or excessive transportation charges resulting from its selection.
6. PACKING - Unless otherwise provided, Our Company will comply only with its minimum packing standards for the method of transportation selected. The cost of all special packing, loading or bracing requested by Buyer will be paid for by Buyer. All cost of packing and shipment for Buyer's special equipment shall be paid for by Buyer.
7. PAYMENT TERMS - The discount applies only to the invoiced value of the material (not to taxes or freight charges). Our Company reserves the right to require advance payment or satisfactory security for the goods if the financial condition of Buyer so warrants as determined by Our Company. If Buyer fails to make payment in accordance with terms of this agreement or any collateral agreement, or fails to comply with any provisions hereof, Our Company may, at its option (and in addition to other remedies), cancel any unshipped portion of this order. Buyer is to remain liable for all unpaid accounts.
8. TAXES AND IMPORT/EXPORT LICENSES - Prices do not include taxes. Taxes are paid by Buyer upon invoice from Our Company unless Buyer provides a valid exemption certificate acceptable to the taxing authority or unless Our Company is forbidden by law from collection of said taxes from Buyer. Import or export licenses are to be secured by Buyer.
9. TITLE AND RISK OF LOSS - Delivery to carrier shall constitute delivery to Buyer, and thereafter risk of loss or damage shall pass to Buyer. Any claim of Buyer relative to damage during shipping or delivery should be made directly to the carrier. Any claims by Buyer against Our Company for shortage or damage occurring prior to such delivery to carrier must be made within five (5) days after receipt of the goods and accompanied by original transportation bill signed by carrier noting that carrier received the goods from Our Company in the condition claimed. Notwithstanding passage of the risk of loss to Buyer, title and right of possession to the goods sold hereunder shall remain with Our Company until all payments hereunder, including deterred payments evidenced by notes or otherwise, Interest, carrying charges, and attorneys' fees, shall have been made in cash, and Buyer agrees to do all acts necessary to perfect and maintain such right and title in Our Company.
10. RETURN OF PRODUCTS - See the "Return Policy".
11. FORCE MAJEURE - Our Company shall not be liable for failure to perform its obligations resulting directly or indirectly from or contributed to by acts of God; acts of Buyer, civil or military authority, including wage and price controls; fires; war; riot; delays in transportation; lack of or inability to obtain raw materials (including energy sources), components, labor, fuel or supplies; or other circumstances beyond Our Company's reasonable control, whether similar or dissimilar to the foregoing. If certain quantities are affected and other quantities are not, the quantities affected shall be eliminated without liability, but the agreement shall remain unaffected. Our Company may during any period of shortage due to any of said causes, allocate its supply of such raw materials among its various users thereof in any manner which kelopell Company deems fair and reasonable. In no event shall Our Company be liable for special or consequential damages for any delay for any cause.
12. REASONABLE ATTORNEY'S FEES - In the event suit or other proceedings shall be brought for the recovery of the purchase price, or any unpaid balance, or the breach by Buyer of any term herein contained, Buyer shall pay to Our Company, in addition to any damages proved by law, reasonable attorney's fees and costs of collection.
13. LIABILITY - Our Company shall not be responsible, obligated, or liable for any injury or damage resulting from an application or use of its products, either singularly or in combination with other products, arising out of acceptance of this order. Our Company shall have no liability for errors in weight or quantity delivered unless claim is made by Buyer within five (5) days after receipt of shipment and accompanied by original transportation bill signed by carrier noting that carrier received the goods from Our Company in the condition claimed. If such timely claim is made by Buyer, and the claim is deemded valid by Our Company, Our Company may fulfill its responsibility by either shipping the quantity necessary to make good the deficiency, or at Our Company 's option, crediting Buyer with the invoice price of the deficiency.
14. WARRANTY - All goods sold by Our Company are warranted to Buyer to be free from defects in material and workmanship, and manufactured in accordance with industry standards. The foregoing warranty is nonassign able and in lieu of and excludes all other warranties not expressly set forth herein, whether express or implied by operation of law or otherwise including but not limited to any implied warranties of merchantability or fitness. No agent, employee, or representative of Our Company has any authority to bind Our Company to any representation, affirmation, or warranty concerning the goods and any such representation, affirmation, or warranty shall not be deemed to have become a part of the basis of this agreement and shall be unenforceable. Any claimed defect in material or workmanship shall be deemed waived by Buyer unless submitted to Our Company in writing within five (5) days from the date the goods are received by Buyer.Our Company shall not be liable under the foregoing warranty if any loss or damage is caused by improper application or use of the goods. Our Company disclaims all liability with respect to the design of the goods and makes no warranty with respect to such design. This warranty is in lieu of and excludes all other warranties, whether express, implied, or statutory, including implied warranties of merchantability or fitness.
15. REMEDIES AND LIMITATION OF LIABILITY - Our Company shall not be liable for incidental or consequential losses, damages, or expenses arising directly or indirectly from the sale, handling or use of the goods, or from any other cause relating thereto. Our Company's liability, in any case, including for claims of breaches of warranty or negligence is exclusively limited, at Our Company's option, to the replacement of goods not complying with this agreement, the repayment of, or crediting Buyer with, an amount equal to the purchase price of such goods, or repairing or arranging for repair of the goods. If Our Company requests the return of the goods, the goods will be redelivered to Our Company in accordance with Our Company's instructions. The remedies contained in this paragraph constitute the sole recourse of Buyer against Our Company for breach of any of Our Company's obligations, whether of warranty or otherwise. As long as Our Company makes a good faith effort to rectify any breach, the remedies provided for herein shall be deemed satisfied.
16. SELECTION - Buyer represents that the goods sold hereunder are fit for their actual or intended use and that Buyer placed no reliance on Our Company's skill or judgment in selecting suitable goods or materials or in the design of suitable goods and materials. Buyer represents that the use and installation of the goods shall be made in compliance with all applicable government requirements. Buyer will defend, indemnify and hold harmless Our Company, its successors, assigns and subsidiaries from and against all costs (including attorney's fees), damages and liabilities resulting from actual or alleged claims asserted or any penalties proposed or assessed Our Company for any alleged violation of any federal, slate or local law, rule, regulation or standard, by reason of or in connection with any use of the goods delivered hereunder.
17.LANGUAGE AND CORRESPONDING TEXT -This agreement has been written in the English language and, If the event of any conflict, the different meanings or contradictory between the English-language version and any translation hereof, the English language version shall prevail.