As a condition to all orders placed with Kaeco Group, Inc., Customer hereby accepts and agrees to comply with these Terms and Conditions, and agrees that such Terms and Conditions supersede those contained in any purchase order or other document regarding the subject matter hereof. These Terms and Conditions apply to all orders placed by Customer, in whatever form received by Kaeco Group, Inc., including without limitation electronic and telephone orders, and Kaeco Group, Inc.’s acceptance of such orders are limited to these Terms and Conditions. Kaeco Group, Inc. HEREBY OBJECTS TO ANY DIFFERENT OR ADDITIONAL TERMS IN BUYER’S ORDER, OR ANY OTHER DOCUMENT OR FORM TRANSMITTED ON BEHALF OF BUYER.
Kaeco Group, Inc. uses industry-standard encryption technology to keep your personal information safe. When you place an order on our site, your ordering information — including your name, address, and credit card number — is encrypted using a secure server for maximum security. Your credit card and billing information cannot be read as it travels to our ordering system. Once your purchase is authorized, we do not store your credit card information in any internal or external database. Credit-card transactions are handled by a third-party financial institution (i.e. PayPal), which receives the credit card number and other personal identifying information only to verify the credit card numbers and process transactions.
All orders placed on Kaeco Group, Inc. are shipped via UPS ground service and is included in all pricing except where noted throughout the site and/or on bulk orders. Rush deliveries are only available upon special request and specifically noted at time of order placement. An account number must be provided for Fed-Ex shipments. F.O.B. point of shipment; therefore, freight and insurance costs are the responsibility of Customer unless otherwise noted on order. Customer is responsible for designating the mode of shipment (if available), and for procuring any desired insurance. Kaeco Group, Inc. shall have the right to choose an alternate mode of shipment if the mode designated is not available or feasible. If no shipping instructions are received from Customer, Kaeco Group, Inc. will ship via “ground” transportation, insured for the full value of the goods at Customer’s expense, which charges will be added to the invoice for the goods. Only the proceeds of such insurance in excess of any amounts owed by the Customer to Kaeco Group, Inc. will be reimbursed to Customer. “Free shipping” or similar promotions do not remove the Customer’s responsibility for insuring for the full value of the goods.
If at any time Kaeco Group, Inc. believes, in its sole discretion, that the financial condition or responsibility of Customer is, or is about to become, impaired or is, or will be, inadequate to meet Customer’s obligations to Kaeco Group, Inc., Kaeco Group, Inc. reserves the right to suspend shipments, to change Customer’s credit or payment terms and to take any other appropriate steps to protect Kaeco Group, Inc.’s interests. If Customer’s credit is withdrawn, Kaeco Group, Inc., at its option, may require payment or security before accepting orders from Customer or shipping goods to Customer.
Kaeco Group, Inc. shall not be liable for any failure to deliver goods where such failure has occurred due to circumstances beyond the control of Kaeco Group, Inc..
RISK OF LOSS
Possession and risk of loss are transferred to Customer when ordered goods are placed in the possession of the carrier by Kaeco Group, Inc.. A bill of lading or other evidence of delivery to the carrier shall be conclusive proof of proper shipment by Kaeco Group, Inc. All disputes as to goods that are lost or damaged after delivery by Kaeco Group, Inc. to the carrier shall be handled directly between Customer and the carrier. Upon request, Kaeco Group, Inc. will provide documents within its possession that are necessary to substantiate a claim by Customer against the carrier. If Kaeco Group, Inc. has purchased insurance for the shipment on behalf of the Customer, upon request, Kaeco Group, Inc. will support Customer by filing any claims for lost or damaged goods. The reimbursement for such claims will be payable to Customer only if the original Kaeco Group, Inc. invoice for said goods has been paid in full.
Customer shall pay in full in United States dollars in immediately available funds for all goods shipped by Kaeco Group, Inc. in accordance with the terms of Kaeco Group, Inc.’s invoice. If payment by check is accepted by Kaeco Group, Inc., such payment shall not be considered to have been made until the check has cleared collection. Kaeco Group, Inc. does not offer a discount for anticipation. All sums not paid when due shall be subject to delinquency charges equal to the lesser of 1½ percent per month or the highest rate allowed by law, prorated on a daily basis from the date such payment is due until paid.
All purchases made on Kaeco.com are final and not eligible for return. Kaeco Group, Inc. will only accept, and give return credit for, goods authorized under SPECIAL circumstances by Kaeco Group, Inc. to be returned. All SPECIAL requests for return are to be submitted in writing to: Kaeco Group, Inc.; Attn: Customer Service, P.O. Box 89; Savannah, MO 64485. Requests for Return Authorization are to be received by COMPANY NAME within ten (10) days of shipment to Customer and should provide Kaeco Group, Inc. style number(s), original invoice number(s), quantity and unit price of goods in claim, reason for claim. Kaeco Group, Inc. reserves the right to request return of product for any claims. Absolutely no credit will be issued for goods returned 30 days or more after delivery (except for goods returned for a previously undiscovered defect in manufacturing).
Any credit claimed by Customer, including credit for returned goods, must have supporting documentation included with or sent prior to Customer’s payment. If credit documentation has not been received by Kaeco Group, Inc. within ten (10) days of the receipt by Kaeco Group, Inc. of the payment that reflects the credit, the claim will be deemed invalid and repayment will be expected in full. All credits must be used within 3 months of the date the credit was issued, or by the expiration date on the credit.
WARRANTY AND DISCLAIMER
Kaeco Group, Inc. warrants that the goods shipped pursuant to Customer’s orders (i) are free from defects in materials and workmanship; (ii) are labeled in accordance with and comply with the requirements of applicable law; and (iii) will not infringe any patent, trademark, trade name, copyright or other similar right.
EXCEPT AS SET FORTH ABOVE, KAECO GROUP, INC.’S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL WARRANTIES AS TO MERCHANTABILITY OR THE FITNESS OF THE GOODS FOR ANY PARTICULAR PURPOSE. KAECO GROUP, INC.’S NEITHER ASSUMES NOR AUTHORIZES ANY PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE OR USE OF ITS GOODS.
KAECO GROUP, INC.’S OBLIGATIONS AND ALL REMEDIES AND THE MEASURE OF DAMAGES SHALL BE LIMITED EXCLUSIVELY TO REPAIR OR REPLACEMENT OF NON-CONFORMING GOODS AT THE OPTION OF KAECO GROUP, INC. IN NO EVENT SHALL KAECO GROUP, INC. BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES OR EXPENSES (INCLUDING WITHOUT LIMITATION, TRANSPORTATION, LOST PROFITS OR DAMAGE TO PERSON OR PROPERTY), OR FOR ANY DAMAGES OR SUMS PAID BY BUYER TO THIRD PARTIES, EVEN IF KAECO GROUP, INC. HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
The amount of any present or future sales, revenue, excise or other taxes, applicable to the goods sold by Kaeco Group, Inc. to Customer shall be added to the purchase price and shall be paid by Customer, or, in lieu thereof, Customer shall provide Kaeco Group, Inc. with a tax exemption certificate acceptable to the applicable taxing authorities.
These Terms & Conditions and other documents between Kaeco Group, Inc. and Customer shall be interpreted in accordance with the applicable law of the State of Missouri and shall not be subject to or governed by the U.N. Convention on Contracts for the International Sale of Goods. If any claim or dispute should arise with respect to any matter relating to these Terms and Conditions or other documents, the claim or dispute shall be first submitted to mediation pursuant to the Commercial Mediation Rules of the American Arbitration Association. If the claim or dispute cannot be resolved by mediation, then (i) the parties assent to personal jurisdiction in the State of Missouri; (ii) the claim will be brought and tried in either the United States District Court for the District of Missouri or in the Superior Court for Missouri; and (iii) the prevailing party will be entitled to recover all reasonable attorneys’ fees and other costs incurred.
Customer shall indemnify, defend (with counsel acceptable to Kaeco Group, Inc.) and save harmless Kaeco Group, Inc. from and against any claim, cause of action, damage, loss or liability, including attorneys’ fees and costs, asserted against or incurred by Kaeco Group, Inc. by reason of, or arising out of or in connection with: (i) any breach or alleged breach of any of these Terms and Conditions, or the provisions of any order, Order Acknowledgment, or other document between Kaeco Group, Inc. and Customer; (ii) any act or omission of Customer, or the employees, agents or subcontractors of Customer, in connection with any order, Order Acknowledgment, or other document between Kaeco Group, Inc. and Customer; (iii) the use of any Kaeco Group, Inc. merchandise by Customer or any customers of Customer; or (iv) any infringement or alleged infringement of any patent, trademark, trade name, copyright and other similar right related to any name, logo, design or artwork provided by or on behalf of Customer to be incorporated into any Kaeco Group, Inc. goods. All indemnification obligations of Customer hereunder shall survive termination or cancellation of any order.
A waiver of any one or more of the conditions of these Terms and Conditions by Kaeco Group, Inc. with respect to one or more of Customer’s orders shall not constitute a waiver of or an excuse for nonperformance as to any other part of these Terms and Conditions nor shall it constitute a waiver of or excuse for nonperformance as to the same condition with respect to any future order.