Terms of Sale Policy and Returns


TERMS OF SALE
BY CLICKING ON THE “I AGREE" (OR SIMILAR BUTTON OR CHECK BOX) OR BY
PURCHASING ANY PRODUCT SOLD ON THIS WEBSITE("WEBSITE") YOU ("YOU")
AGREE TO THE FOLLOWING TERMS AND CONDITIONS ("AGREEMENT"), WHICH
APPLY TO ALL PURCHASES YOU MAKE ON THIS WEBSITE. YOU
ACKNOWLEDGE THAT YOU ARE ENTERING INTO A BINDING AGREEMENT WITH
K AND S TRADING LLC, A MICHIGAN LIMITED LIABILITY COMPANY ("US" OR
"WE"). YOU ALSO ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN
ITS ENTIRETY AND THAT YOU UNDERSTAND THE TERMS HEREOF.
Sale Authorization And Payment Terms
By providing your credit card, debit card, PayPal, bank account information or
any other billing information through our check-out process and submitting
payment, You hereby authorize us to deduct the total purchase price stated
on our Website at the time of purchase for all goods You purchase, and all
other stated shipping costs, taxes or other charges applicable to the sale from
such method of payment. You agree that we shall be authorized to charge all
such amounts immediately after You have clicked the submit button or
otherwise have authorized the payment.
Pricing Policy
We are not responsible for pricing, typographical, or other errors in any
price stated on our Website. We reserve the right to cancel any orders
arising from such errors. We also reserve the right to cancel any sale made
to You if we determine that there were inaccuracies in any product
description or information contained on this Website regarding such product.
All pricing is in United States currency (USD) unless otherwise stated. All
listed prices do not include shipping and handling charges unless otherwise
indicated. You agree to pay all charges that may be incurred by you or on your
behalf through this Website, at the actual price(s) in effect when such charges
are incurred, including without limitation all shipping and handling charges. If
a product's actual price is lower than the price stated on this Website, we
will charge the lower amount and ship the product to You. If a product's
correct price is higher than the price stated on this Website, we will notify
You via email and we will cancel your order.
Product Availability
All sales are subject to product availability and we may revise and discontinue
any product at any time without notice to You (which may affect any
information saved in any saved searches or your shopping cart). We also
reserve the right, with or without prior notice to You, to: i) limit the available
quantity of or discontinue any product; ii) bar any Website user from making
any or all transaction(s); iii) refuse to provide any Website user with any
product we sell; and iv) limit quantities on orders placed by the same user (or
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account), the same credit card, or orders that use the same billing and/or
shipping address.
If any item you've ordered is unavailable as a result of a miscalculation in our
available inventory, you will be notified as soon as possible after you have
placed your order and your purchase will be promptly refunded to you, as
your sole remedy in such instances.
Accuracy of Materials
We make every effort to describe and display our products accurately on this
Website. However, a small number of the items may be mis-priced, described
inaccurately or unavailable, and we may experience lags in uploading updates
throughout this Website or other delays beyond our control. ACCORDINGLY, WE
DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF THE INFORMATION
PROVIDED ON THIS WEBSITE RELATING TO PRODUCT PRICES, EXACT PRODUCT
FUNCTIONALITY OR PURPOSE OF USE, COLORS, SHAPES OR SIZES AS DEPICTED
ON THIS WEBSITE OR REGARDING PRODUCT AVAILABILITY. WE RESERVE THE
RIGHT TO CHANGE OR UPDATE INFORMATION AND TO CORRECT ERRORS,
INACCURACIES OR OMISSIONS AT ANY TIME WITHOUT PRIOR NOTICE.
Title to Products And Risk of Loss
Title to any products and risk of loss or damage to the products during the
shipping process shall pass to You upon delivery by us to the carrier for
shipment of any product(s) You purchase.
Shipping Policies
We ship parts as fast as possible and typically ship items the same day
payment is received when purchased before Noon EST. Typically we use US
Postal Service Priority Mail and UPS Ground for shipping methods. Expedited
Shipping Services such as UPS Next Day Air or USPS Express Mail are available
with an added cost. If Overnight or Expedited Shipping Services are needed it
is important to contact us ASAP and also provide your phone number so that
we may contact you with details or options. During Business Hours you may
call us at 269-655-5506. Many items have USA shipping cost
included in the price allowing for an easy, "no hidden cost" way of doing
business. Some larger or heavier items may have an additional shipping fee
added to market the item fairly, but this will be noted in the listing detail. We
do ship some items overseas so please contact us for shipping details including
the cost and availability for shipping to your International location. Buyers
outside of the USA will receive an invoice which includes international
shipping fees and your item will be shipped after we receive your payment.
International orders must have a phone number included to satisfy postage
requirements. Feel free to contact us with any shipping questions you may
have.
Taxes And Other Charges
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Unless otherwise indicated, You are responsible to pay any applicable sales
(use) taxes or any other similar tax required to be paid by the state in which
You reside or any custom duties or VAT taxes required to be paid by You due to
your purchase of any product(s) from this Website. If we are required to
collect any taxes at the point of sale, then all applicable taxes will be added
to the purchase price and You agree to pay the same, unless You provide us
with a valid and correct tax exemption certificate applicable to your
purchase.
RETURNS POLICY
Unless noted otherwise in the product description, items we sell are covered
under our 15 day return policy as follows: You may return any unused
product purchased on this Website within 15 days from the date of
purchase, provided the returned product(s) is undamaged and is in its
complete and original condition (including all documentation, media or all
other separate items or components included in the original shipment). Any
items You return cannot show signs of wear and/or installation or otherwise
any use or no refund will be provided whatsoever. All returns must be
shipped (postmarked) to us no later than 10 days after any request for
return is approved by us. Failure to follow the return instructions included
with the product or posted on this Website shall render any obligation by us to
refund your purchase price null and void. We will refund the purchase price of
the returned product upon receipt of your return shipment, less all shipping
and handling charges You have paid, but we reserve the right to charge a
10% restocking fee, which will be deducted from the refund amount to
cover fees and possible shipping costs charged to us relating to the return.
Unless otherwise noted during your purchase, products may be returned in an
opened box or opened packaging.
However, if any items (or components or accessories of any items) You receive
are missing, incorrect, damaged, or “breaks” upon your installation and use of
the same due to the part being inherently defective, upon our receipt and
inspection of the returned product from You, which must be done within the
15 day refund period, we will then promptly send You any missing or
replacement item(s) or component(s) at our sole cost, or we reserve the right
to instead refund the total purchase price to You with no restocking fee
deduction or other offset, including refunding your shipping and handling
costs, which such option shall be determined by us in our sole discretion. We
will provide You with a return shipping label for your return shipment of any
damaged product or any incomplete product which must be returned to us.
You agree that our correction of the same or our refund of the purchase price
and shipping and handling costs shall be your sole remedy in the event You
receive any missing, damaged, incorrect or defective items from us.
You are responsible for all risk of loss for any returned products. We shall not
be responsible for any returned products that are lost or damaged during the
return shipment. Shipping confirmation should be used with the return
shipment. We should be contacted during normal business hours at
269-655-5506 for return approval.
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Electronic Parts and Returns: It is very important to perform a successful
diagnosis before replacing parts. We encourage you to enlist trained
personnel for technical repairs as a proper diagnosis of the problem will
always save time and expense.
Excluded Items: Notwithstanding our Return Policy, the following items may
only be returned if they are damaged at the time of shipment, are incorrect
or are missing any parts or accessories included with your purchase of such
item(s) upon delivery to You: items described with "as is" or "without
warranty" in the product listing on our Website or any Circuit Boards, HVAC
Controls and any other electronic parts which have been connected by the
purchaser/end-user. These items are not covered by our return policy.
CANCELLATION POLICY
No cancellations of any existing orders shall be permitted under any
circumstances, unless otherwise stated in this Agreement.
Changes To Existing Orders
No modifications to any existing orders will be permitted other than additions
to any existing order. In the case of any requests for product additions, such
additions shall be subject to product availability and may not be able to be
shipped within the same time-frame as your original order in some cases. Any
product additions will be shipped within the time-frame stated on this
Website applicable to all shipments, measured from the date You make any
modification request.
Additional Agreements
We may provide products and/or certain services through this Website under
the terms of a separate agreement with You, such as license agreements or
support services agreements, etc. (each hereinafter referred to as an "Other
Agreement"). The terms and conditions governing your purchase and use of
specific products not related to this transaction are contained exclusively in
such Other Agreements. This Agreement shall not be deemed or construed to
alter the terms of any such Other Agreements.
Product Use
All items sold must be installed by trained, certified technicians following
all State, Local and National codes which may apply. The users of this
website agree to these terms. You may only use any products You purchase
from us for your own internal use and not for resale or sub-licensing. Any
resale or licensing or other distribution by You of any product(s) You purchase
from us is strictly prohibited. You are solely responsible for compliance with
any laws applicable to your purchase and use of any products made available
through this Website. You agree to comply with all applicable laws and
regulations of the United States and the various states. We make no
representations or warranties to You that use of any product You purchase will
be legal in your jurisdiction. Access and use of this Website from any
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jurisdictions where the products or services being provided are illegal is
strictly prohibited and we shall have no liability to You whatsoever in such
case.
Our Intellectual Property
All logos or any other trademarks, trade names or service marks and/or any
other marks or logos posted on this Website, whether marked or unmarked, is
either owned by us, an affiliate or subsidiary, or by some third party. This
includes any product names appearing on this Website whether marked or
unmarked by us. No trademarks, trade names, service marks, etc. posted on
this Website may be used without the prior written consent of the owner. We
retain all rights, ownership, title and interest in all trademarks, trade names
or service marks contained on the Website owned by us, whether or not we
have registered for or have been granted any such protections under State
and/or Federal law.
Intellectual Property Disclaimer
Any references made on this Website to any established trade names,
trademarks, service marks, product names or any other third party
intellectual property is strictly used for reference and identification purposes
only. No ownership, affiliation or sponsorship exists between us and the owner
of any referenced trademark, trade name, service mark, or with any specific
good or service referenced on this Website. We do not endorse or recommend
any services or products referenced on this Website unless otherwise expressly
stated, however they may be referenced or identified.
WARRANTY DISCLAIMER
NO MANUFACTURER PRODUCT WARRANTIES APPLY TO ANY PRODUCTS YOU
PURCHASE FROM US THROUGH THIS WEBSITE. OTHER THAN AS MAY BE
EXPRESSLY STATED IN OUR RETURN POLICY, ALL PRODUCTS ARE PROVIDED
BY US "AS IS" AND "WITH ALL FAULTS" AND YOU ASSUME THE ENTIRE RISK
ASSOCIATED WITH YOUR USE OF ANY PRODUCT(S) PURCHASED BY YOU. WE
HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS,
IMPLIED, OR STATUTORY, REGARDING YOUR USE OR THE PERFORMANCE OF
ANY PRODUCT(S) YOU PURCHASE THE SUBJECT OF THESE TERMS
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, OR
ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY
EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE,
CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE,
PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NONCOMPLIANCE
WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO
WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS
WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. ANY
WARRANTY PROVIDED BY ANY MANUFACTURER, DISTRIBUTOR OR SUPPLIER
OF ANY PRODUCT NOT MADE BY US WILL BE INCLUDED WITH THE PRODUCT.
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LIMITATION OF LIABILITY
YOU AGREE THAT WE OR ANY OF OUR OFFICERS, DIRECTORS, MANAGERS,
SHAREHOLDERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS
ITS SUCCESSOR'S AND/OR ASSIGNS, IF APPLICABLE, SHALL NOT BE LIABLE
FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR ANY OTHER
INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR
YOUR PURCHASE OF ANY PRODUCT OR SERVICE FROM THIS WEBSITE
INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS OR REVENUES, LOST
DATA OR LOST GOODWILL OR ANY OTHER DAMAGES. YOU AGREE THAT OUR
LIABILITY SHALL IN ALL CASES BE LIMITED TO THE PURCHASE PRICE OF THE
PRODUCT IN QUESTION PAID BY YOU. WE SHALL NOT BE LIABLE TO YOU AS
STATED HEREIN REGARDLESS OF THE CAUSE OF ANY SUCH DAMAGE OR THE
NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY
STATUTE, FOR ANY TORTIOUS CONDUCT (INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE AND STRICT LIABILITY) OR BY ANY OTHER LEGAL THEORY,
WHETHER OR NOT WE HAVE BEEN ADVISED OF THE SAME. ACCORDINGLY,
YOU AGREE TO WAIVE YOUR RIGHTS UNDER ANY LAWS THAT OTHERWISE
MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS INCLUDING, CALIFORNIA CIVIL
CODE SECTION 1542 IF YOU ARE A CALIFORNIA RESIDENT, OR ANY OTHER
APPLICABLE STATE LAWS.
Exceptions to Disclaimers And Limitations
Some jurisdictions do not allow the waiver of certain warranties or the
limitation of liability for certain damages. Accordingly, some of the above
warranty disclaimers and limitations of liability may not apply to You. To the
extent that we may not disclaim any implied warranty or limit its damages,
the scope and duration of any required warranties under law and the extent
of our liability shall be as limited as is allowed under any applicable laws.
Privacy Policy Consent
By entering into this Agreement, you agree to our collection, use, and
disclosure of your personal information in accordance with the Privacy and
Communications Policy contained on this Website. This includes certain
personal identifying information and billing/shipping information you provide
during the registration and/or check-out process.
Information Security Policy
We make no guarantee, warranty or representation that your name or email
address, or any other Identity Information you provide through this Website,
will remain secure at all times from any illegal or unauthorized access of the
information by third parties. We shall not, under any circumstances, be held
responsible or liable for information or transmissions that are accessed by
third parties illegally or without authorization through this Website and/or
network. We will report any unauthorized access of your information promptly
upon discovery, and we will use our best efforts to remedy any security
vulnerability that contributed to the unauthorized access.
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Miscellaneous:
A. Entire Agreement. You agree that this Agreement constitutes the complete
and exclusive agreement regarding your purchase and use of any product sold
by us and supersedes any prior communications, representations or
agreements of the parties, except any terms contained in the Website Terms
of Use, our Privacy and Communications Policy or any Other Agreement which
may relate to your purchase or licensing of any product from us, and cannot
be altered, amended, or modified except in writing executed by an
authorized representative of each party.
B. Authority. If You are accepting these terms on behalf of another person or
a company or other legal entity, You represent and warrant that You have full
authority to bind that person, company, or legal entity to these terms of sale
and otherwise have authority to enter into this Agreement.
C. Severability. If any provision of this Agreement is held by a court or other
tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal,
or unenforceable in any respect, for any reason, the validity, legality and
enforceability of the remainder of that provision, any other remaining
provisions, and of the entire Agreement shall not in any way be affected or
impaired thereby, and shall be interpreted, to the extent possible, to achieve
the purposes as originally expressed with the provision found to be invalid,
illegal or unenforceable. Each provision hereof is intended to be severable,
and the validity, legality, or enforceability of any provision of this Agreement
shall not affect the validity, legality, or enforceability of the remainder of the
Agreement.
D. Arbitration. YOU AGREE TO GIVE UP YOUR RIGHTS TO BRING ANY CLAIMS
RELATING TO THIS AGREEMENT OTHER THAN TO PROTECT YOUR
INTELLECTUAL PROPERTY AND/OR YOUR USE OF THIS WEBSITE BEFORE A
COURT OF LAW OR OTHER LEGAL TRIBUNAL AND TO RESOLVE ALL DISPUTES
OR CLAIMS EXCLUSIVELY BY ARBITRATION. Except for actions to protect
intellectual property rights and to enforce an arbitrator's decision hereunder,
any and all claims, disputes or controversies of whatever kind and nature,
whether preexisting, present or future between You and us, our agents,
employees, principals, directors, officers, shareholders, members, managers,
successors and assigns, to the extent applicable, arising from or relating to
this Agreement, its interpretation or validity, shall be resolved exclusively by
binding arbitration pursuant to the then-current rules of the American
Arbitration Association ("AAA") and shall be administered by the AAA.
Notwithstanding the foregoing, to the extent You have in any manner violated
or threatened to violate our intellectual property rights, we may seek
injunctive or other appropriate relief in state or federal court under the terms
of this Agreement.
Any arbitration proceeding shall be exclusively brought and heard in the 36th
Circuit Court, situated in Van Buren County, Paw Paw, Michigan. The arbitrator
shall be authorized to grant any relief available under law or in equity and
any award rendered shall be final and conclusive upon the parties, except
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that the arbitrator shall not be authorized to award punitive damages to
either You or us. Any judgment may be entered in any court having
jurisdiction and the arbitrator may award reasonable costs and fees, including
reasonable attorney's fees and all arbitration fees, to the prevailing party,
notwithstanding the then current rules of the AAA. YOU AGREE THAT A
WRITTEN NOTICE REQUESTING ARBITRATION MUST BE PROVIDED TO US WITHIN
ONE (1) YEAR AFTER THE ACTS OR OCCURRENCES SUPPORTING SUCH A CLAIM,
WITHOUT TOLLING FOR A FAILURE TO DISCOVER SUCH ACT OR OCCURRENCE. If
You do not send a written notice to us within the requisite one (1) year
period, You agree that any such claim (or claims) shall be waived and are
hereby released by You and You shall be forever barred from asserting such
claim (or claims) at any time after the expiration of such period.
E. Venue/Choice of Law. Any and all claims, demands, controversies or
legal proceedings arising out of or related to this Agreement and/or your
use of this Website may only be brought exclusively in the 36th Circuit
Court situated in Van Buren County, Paw Paw, Michigan, and You hereby
expressly agree to submit to the personal jurisdiction of such court and
consent to extra-territorial service of process. Further, You waive any right
to challenge the selection and choice of jurisdiction and You acknowledge
that the right of selection of jurisdiction being waived by You is a valid
part of the consideration of the sale the subject of these terms. This
Agreement shall be construed and enforced in accordance with the laws of
the state of Michigan, without regard to conflict of laws principles and
without regard to any applicable International laws, treaties or regulations
including, but not limited to, the United Nations Convention on Contracts
for the International Sale of Goods or any other uniform International
trade laws.
F. Waiver. The waiver by us of a breach of any provision of this Agreement by
You shall not operate or be construed as a waiver of any other or subsequent
breach by You.
G. Force Majeure. Except for your payment of the purchase price or fees,
neither party shall be liable for any delay or failure to perform to the extent
caused by fire, flood, explosion, war, riot, embargo, labor disputes,
compliance with any laws, regulations, orders, acts or requirements from the
government, civil or military authorities, terrorist attacks, acts of God or the
public enemy, or any act or event of any nature reasonably beyond such
party's control.
H. Prior Dealings. No course of prior dealings between the parties and no
usage of trade will be relevant to determine the meaning of or interpretation
of any provision contained in this Agreement.
I. Assignment. You may not assign, delegate or otherwise transfer all or any
part of your rights or obligations under this Agreement without prior written
consent by us. Any such attempted assignment, delegation, or transfer will be
null and void.
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J. Survival. Any provisions in these Terms which by their nature extend
beyond the termination or expiration of any sale will remain in effect until
fulfilled and will apply to both parties respective successors and permitted
assigns.
K. No Joint Venture or Partnership. Nothing in this Agreement will be
construed as creating a joint venture, partnership, agency or employment
relationship between the parties, nor will either party have the right, power
or authority to create any obligation or duty, express or implied, on behalf of
the other.