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    TERMS OF SALE 

    Disclaimer for same-day shipping: Same day shipping applies to in-stock items and is subject to availability. Standard charges will apply. Orders must be submitted by 5:30 PM Central Time (CT) to prompt ground service for continental US, lower 48 states. International orders must be placed by 1:30 PM Central Time (CT). Offer excludes Saturday and Sunday delivery. Orders placed Saturday or Sunday will be treated as a Monday order. Orders with special considerations may require additional processing time. Kele’s shipping service is dependent on our third parties’ schedules and terms. In the event that weather conditions, a holiday or unknown circumstances delay service, Kele will not be held responsible for missed deliveries. Kele may change or alter the details of this offer at anytime. 

    Volume Incentive Discount Disclaimer: Volume incentive discounts are for online orders only. Orders must meet minimum thresholds to qualify. smart>buy and sale items are at a fixed price and do not qualify for current volume discount offer. smart>buy and sale items do not count towards the qualifying discount total in the customer's cart. Kele reserves the right to cancel discount incentive discounts at any time. 

    Promotional Discount Disclaimer: Promotional only discount is valid for a limited time only and only applies to online offers. Offer may be redeemed unlimited number of times while the offer is valid. Discount will be applied at checkout. smart>buy and sale items are at a fixed price and do not qualify for the promotional discount offer. Kele reserves the right to cancel discount incentive discounts at any time. Offer is only available to select audiences.

    Promotion Disclaimer: The sponsor of this promotion (“Promotion”) is Kele, Inc. (“Kele”), with an address of 3300 Brother Blvd, Bartlett, TN 38133. Promotion requires a purchase to be made. The promotion can be redeemed at checkout if single order meets minimum threshold, pre-tax/shipping costs as defined by the promotion offer. One (1) redemption per customer during the promotion period, or while supplies last. Orders may not be combined or retroactively collected to meet promotional threshold. If promotion includes a promotion code, it must be used during checkout to qualify. The redemption form must be completed and the rules and regulations of the promotion agreed to. . Promotion is only available to legal U.S. residents who are eighteen (18) years of age or older as of the date of entry and are residing in one (1) of U.S. states (excluding Puerto Rico, Guam, the Virgin Islands and other U.S. territories). Void where prohibited. International and Government and in some cases Educational customers of Kele (as each may be defined in Kele’s sole discretion), as well as employees of Kele, its affiliates, subsidiaries, suppliers, and the immediate family members of each are not eligible for promotion. Customers that do not adhere to these rules and specifications or that appear to be the result of fraudulent activity may be disqualified at the sole discretion of Kele. Canceled, pending, and return merchandise authorizations (RMAs) are disqualified.

    By redemption, each customer agrees to release and hold harmless Kele and its subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the Promotion and/or his/her acceptance, possession, use, or misuse of any prize award pursuant thereto or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions related to the Promotion; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries. All promotion prizes will be shipped separate from qualifying order.

    Customer agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with the Promotion, or any prizes awarded, other than those concerning the administration of the Promotion or the determination of the winner, shall be resolved individually, without resort to any form of class action; (ii) any and all disputes, claims and causes of action arising out of or connected with a Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate state court located in Tennessee; (iii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys’ fees; and (iv) under no circumstances will customer be permitted to obtain awards for, and customer hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these official rules, or the rights and obligations of customer and Kele in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Tennessee, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Tennessee.

    Return of the YETI® Promotional Disclaimer: In addition to promotional disclaimer above, YETI offer is valid for a limited time only. Offer expires September 28, 2018 or while supplies last. Kele, Inc. has the right to end or change promotion at any time. Offer may be redeemed an unlimited number of times while the offer is valid. YETI promotion excludes government and international customers. Canceled, pending and Return Merchandise Authorizations (RMAs) are disqualified.

    Kele, Inc. is not responsible for promotional items once promotional items are shipped. If more than one promo item is redeemed, it is assumed promotional items are dispersed amongst multiple contacts at your location. Multiple promotional items are meant to be awarded to a group and/or team. Limit 5 YETIs per order.

    As part of Kele, Inc.’s redemption process, a ship-to address for promotional item(s) will be requested at the end of the checkout process. If a ship-to address is not acquired at the time of checkout, an email redemption form will be sent to the customer’s email address. Promotional items will not be shipped until order has been completed and all purchased products shipped. Once qualifying order ships and ship-to address for promotional item is obtained, YETI(s) will be distributed within two weeks. 

    YETI offer is based on order total prior to Promotional Discount and Volume Incentive Discount.

    smart>buy Program Disclaimer: smart>buy pricing for products is as shown. The full invoiced amount will include taxes where applicable. Additional discounts, overrides or multiplier discounts do not apply to the listed value. Customers may order as many smart>buy priced products as needed. No limit, no minimums. Kele may change or alter the details of this program at any time.  

    Made in USA Disclaimer: Kele maintains data regarding the manufacturing locations of third party products only as reported to us by their suppliers and/or manufacturers. While we endeavor to update our database promptly when we are informed that a product’s manufacturing location has changed, we do not independently verify where products are manufactured. Therefore, this information is provided as is without guarantee as to its accuracy.

    1. SALES POLICY:

    All orders must be single release for immediate shipment to a single destination. Unless instructed otherwise, partial shipments will be made. Freight and handling fees will be added to each shipment.

    2. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE: 

    In the event of a price change, the unshipped portion of any order could be billed at the new price.

    Our minimum billing is $25.00 plus freight charges.

    3. NONSTOCK AND NONCATALOG ITEMS: 

    Products not listed in the current price list or listed as “nonstock” items are considered to be special order items and may be subject to minimum order quantities, special handling charges, and/or other conditions stipulated by our supplier.
    Shipments will be made as soon as the items are received from our supplier.

    Special order items may carry cancellation charges once an order is placed and may also be subject to a restricted return policy.

    4. SHIPPING INFORMATION:

    United States
    Options for material from stock:
    A. UPS Surface – One to six days anywhere in the continental United States
    B. Federal Express “Express Saver” – Three-day service in the continental United States
    C. UPS Blue and Federal Express Economy – Two-day service
    D. UPS Three-day Select – Three-day service anywhere in the continental United States
    E. Federal Express Standard Overnight – Delivery by 3:00 p.m. the next business day **
    F. UPS Red Label and Federal Express Priority One Overnight – Delivery by 10:30 a.m. the next business day **

    • Freight plus a handling fee of up to $5.00 will be added to each shipment..
    • Orders for in-stock items entered by 5:00 p.m. Central time will ship same day.
    • Other shipping arrangements are available. Please consult your Kele Sales Associate for special requests.
    ** Delivery times may vary in some areas. Consult your UPS or Federal Express representative for details.

    International
    Options for material from stock:
    A. Federal Express International Services
    B. UPS
    Other carriers available upon request

    • Freight plus a $10.00 handling fee will be added to each shipment.
    • Orders for in-stock items entered by 1:30 p.m. Central time will ship that day for open account customers pending original invoice requirements.
    • International shipments may be sent freight collect at consignee’s discretion. Note that all freight collect shipments require the customer’s account number with the selected forwarder. Any freight collect charges billed back to Kele will be invoiced to the customer’s Kele account.
    • Other shipping arrangements are available. Please consult your international sales contact for special requests.
    ** Delivery times may vary by country and city locations. Consult your Federal Express or UPS representative for details.

    5. FREIGHT:

    Customer is responsible for all shipping and handling charges. All domestic shipments are FOB destination. All international shipments are Ex Works. Claims for loss or damage in transit must be made with the carrier by the customer. All shipments should be unpacked and inspected immediately upon receipt. If damage does not become apparent until shipment is unpacked, customer must make a request for inspection by the carrier’s agent and file with the carrier. Any external evidence of loss or damage must be noted on the freight bill or carrier’s receipt and signed by the carrier’s agent. Failure to do this will result in the carrier’s refusal to honor the claim.

    6. PAYMENT TERMS:

    United States and Canada
    A. New accounts: prepayment by a company check or credit card (Visa, MasterCard, American Express, Discover, ACH, Wire)

     

    • A certified check or credit card is required if the total order amount is $1,000.00 or more.
    • A credit application must be submitted for open account consideration. 

    B. Established accounts: Net 30 days with a past due finance charge rate of 18% per annum.
    C. The customer is responsible for all fees associated with wires including banking fees and intermediary fees. Each performa and invoice will have a line item wire fee of $25.00 (domestic) and $50.00 (international).
    D. There is a $25.00 return check fee charge.
    E. Accounts with balances exceeding 30 days past due will be subject to credit card terms
    F. Accounts with balances exceeding 60 days past due will be subject to restricted shipments
    G. Accounts with balances exceeding 90 days past due will be subject to 3rd party collection and/or legal actions at customer’s expense.

    International
    Payment terms: Export orders are accepted on the basis of payment in advance of shipment by check in U.S. funds, wire transfer, international money order, credit card (Visa, MasterCard, or American Express, Discover) or letter of credit.
    A. Open Accounts: Will be considered upon receipt of a credit application.
    B – G (see above)
    H. Letter of Credit: Payment may be made by irrevocable confirmed L/C provided that the total invoice value of the export order is more than U.S. $10,000.00. Large multi-line L/C orders must allow for two partial shipments and be valid for a period of at least one hundred and fifty (150) days. Payments will be made in U.S. dollars. A $500 or .05% of L/C (whichever is greater) fee will be charged for L/Cs.
    I. Duties and taxes for international shipments are the responsibility of the consignee. Duties and taxes inadvertently charged to Kele will be invoiced to the customer’s Kele account.
    J. All orders invoiced for over $5,000.00 U.S. will require insurance under the obligation of the buyer.

    7. CREDITS: 


    It is Kele’s Credit Apply Policy to leave credits on account up to 60 days. Customer is to apply credits and notify dlcredit@kele.com immediately upon receipt of credit. If credit is over 60 days old, a customer refund will be issued unless requested otherwise.

    8. NEW/UNUSED RETURNS:

    Any material returned must have a return authorization number to be considered for credit. Material returned for credit is subject to:
    A) 15% restocking charge or $25.00, whichever is greater, if the product is unopened and returned within 90 days of shipment, or
    B) 25% or $35.00, whichever is greater, if opened or returned over 90 days from shipment.

    Returns resulting from errors by the seller will not be subject to these charges. Shipments not covered by a valid RMA number may be subject to refusal of delivery. New and used returned product shall be received in original packaging.

    No returns allowed on product over 180 days (six months from shipment date). Custom products are not returnable for credit. Freight or other costs incurred in restocking will be deducted from the product credit memo. Return of nonstocked items is subject to manufacturer’s acceptance. Returned material must be shipped prepaid.

    9. WARRANTY RETURNS:

    Warranty periods vary on products sold and period for each may be found under specifications on catalog page or Kele website. Any material returned must have a return authorization number. Returned material is to be shipped prepaid. Product returned may either be repaired, replaced or credited under warranty. An advance replacement may also be requested. Advance replacements will be billed for. Upon receipt, product will be returned to manufacturer for warranty evaluation. Standard lead time for warranty evaluation is 2-4 weeks from date manufacturer has received product back. Replacement/credit to be issued upon confirmation product is covered under warranty. Any product found to not be covered under warranty (customer damaged/no problem found) can either be returned to customer as is or scrapped.

    10. WARRANTY:

    Kele, seller of the products described in this catalog, believes that technical information, specifications, test results, and recommendations herein are correct, but does not guarantee their accuracy or completeness. The seller provides no warranties beyond those offered by the manufacturer. The seller will provide repaired or replacement material as directed by the manufacturer. Since the seller, Kele, does not control the use of its products, there are no express warranties that extend beyond the description contained herein. SELLER DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE. Since the seller cannot control the manner of use of its products after their sale, seller will not be responsible for any consequential or indirect damages. Since seller is only acting as a distributor of products manufactured by other companies, liability for breach of warranty claims shall be limited to the manufacturer. No manufacturer’s warranty will apply to products which are in any way altered or modified after delivery by seller. Terms of Buyer’s or User’s purchase order shall not supersede this disclaimer and no warranty, expressed or implied, other than stated herein, shall be effective unless contained in an agreement signed by an officer of Kele.

    11. CONSEQUENTIAL DAMAGES:

    The seller shall not be liable for any consequential, contingent, or incidental damages whatsoever.

    12. DISCLAIMER:

    This Catalog comprises a general overview of the products described herein. It is solely for information purposes. Users must independently evaluate the suitability of, and test each product for their application. Kele, Inc. makes no warranties or guarantees as to the accuracy or completeness of the information in this Catalog and disclaims any liability resulting from its use.

    Product dimensions in this catalog are nominal and are provided for the convenience of our customers. Kele, Inc. reserves the right to make product changes from time to time, without prior notification, which may change the dimensions shown. We therefore recommend the customer checks each product before using for customer projects or product development and specification.

    Kele, Inc.’s only obligations are those in our Standard Terms and Conditions of Sale and in no case will Kele, Inc. be liable for any incidental, indirect, or consequential damages arising from the sale, resale, use, or misuse of its products.

    No products should be used, alone, or in conjunction with others, in any product, for a safety related purpose. Kele, Inc. shall have no obligation or responsibility to approve the sale of materials by distributors to customers, it being the sole responsibility of the distributor or customer to determine if the intended use involves product safety issues.

    The customer understands and acknowledges that dangers of personal injury are inherent in the event these products are used in violation of the warning set forth herein and customer expressly and voluntarily assumes all risk for injury or death sustained in the event these products are used in violation of the warning set forth herein. Customer indemnifies and holds Kele, Inc. harmless from any claim, loss or damage resulting there from, including Kele’s reasonable attorneys fees'. The terms of this warning are incorporated by reference in all future purchase orders.

    Kele, Inc. reserves the right to change or update, without notice, any information contained in this Catalog. We may change, without notice, the design, construction, materials, processing, or specification of any products; and to discontinue or limit production or distribution of any products. For any items not manufactured by Kele or Kele Precision Manufacturing, please consult the manufacturer’s customer service line or website for the most up to date information and product details.

    13. RIGHT TO SUBSTITUTE:

    The seller reserves the right to substitute materials used in construction of equipment sold, provided said substitution does not modify the operational characteristics of the equipment sold.

    14. HOURS OF OPERATION:

    Central Time Zone: Sales Office 6:30 AM - 7:00 PM - Business Office 8:00 AM - 5:00 PM
    Fax/E-Mail/Web Orders: 24 hours a day - Orders will be acknowledged during normal hours of operation.

    Voice mail messaging is available after normal hours.

     


    THESE TERMS OF SALE MAY BE MODIFIED WITHOUT NOTICE. THE TERMS OF SALE AT THE TIME OF SALE SHALL APPLY. THE SELLER AS REFERRED TO IN THE TERMS OF SALE IS KELE, INC.

     

    For a printable PDF copy of these terms of sales, please click HERE.