SCOPE: The terms and conditions below shall control for all purchases of KENTEK products and related services ("Products") through this commerce portal, related portals owned by Kentek Corporation, and orders placed directly with Kentek by phone, fax and/or email.
SHIPPING CHARGES AND TAXES: All KENTEK prices are F.O.B. Pittsfield, New Hampshire or KENTEK's warehouse. The customer is responsible for all fees related to the shipping of product to and from the KENTEK Corporation. Where applicable, costs of shipping and insurance shall be paid and borne by customer. Customer agrees to pay all federal, state or local taxes, excise taxes, tariffs or duties taxes or to reimburse KENTEK for such taxes, which KENTEK may be required to pay. To waive a shipping and handling fee or to ship via any other method, customer must provide preferred carrier account number and shipping information at time purchase.
PAYMENT TERMS: All Product orders are shipped to CUSTOMER in accordance with the terms specified in the KENTEK Quotation or Invoice. All amounts paid to KENTEK shall be in U.S. dollars. Any invoiced amount not received within thirty (30) days of the date of invoice shall be subject to a service charge of one and one half percent (1.5%) per month (18% A.P.R.), (Or, if less, the maximum allowable by applicable law). CUSTOMER shall pay all of KENTEK's costs and expenses (including attorneys' fees) to enforce and preserve KENTEK's right. All orders from overseas customers must be prepaid in full by Visa, MasterCard, American Express or check drawn on a U.S. bank.
PURCHASE ORDERS: CUSTOMER agrees that in no event and under no circumstances shall terms set forth in purchase orders take precedence over the terms and conditions of this Statement, the terms of which may be modified only by the mutual written consent of both Parties. All orders must be accompanied by written authorization in order to process request. Please fax, mail or email the signed Purchase Order with the following information: Company name, billing and shipping address, Purchase Order Number, quantity, item numbers, total dollar amount and preferred shipping method.
100% Lifetime Guarantee: On all Kentek manufactured eyewear at the value of initial purchase with a suitable replacement. Effective on purchases as of May 18, 2006.
RETURNS AND REFUNDS: KENTEK will not refund CUSTOMER for any return of Products after thirty days of invoice date. A twenty-five percent (25%) Restocking Fee will be charged for all standard Product items returned within ninety (90) days of date of invoice. No product may be returned after ninety (90) days from date of invoice, except in cases of manufacturer's defect. Custom ordered products are not returnable. Any item being returned to KENTEK for any reason must be clearly marked with a Return Material Authorization (RMA) number issued by KENTEK. RETURNS WILL NOT BE ACCEPTED WITHOUT THIS NUMBER. Returns will not be allowed on software or paper products such as, but not limited to, books, drawings and manuals. The customer is responsible for all fees related to the shipping of product to and from the KENTEK Corporation. This applies to Return Material Authorization (RMA), all product rework requests and all product exchanges. The KENTEK Corporation is not responsible for any customs related fees including, but not limited to tariffs, duties, taxes, processing fees, import/export fees, insurance or other related shipping costs.
CANCELED ORDERS: A fifty percent (50%) cancellation fee will be charged for any order of Custom items canceled at any time after the order is placed with KENTEK. A twenty-five percent (25%) restocking fee will be charged for all other canceled orders.
LIMITED WARRANTY AND LIMITATION OF LIABILITY: Products supplied to CUSTOMER are provided "as is" except as may be modified by specific warranties applicable to each specific Product item. THE WARRANTY MADE BY THE MANUFACTURERS ARE THE ONLY WARRANTIES APPLICABLE TO THE PRODUCTS, AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BY NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE AMOUNTS PAID TO KENTEK DO NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION OF RISK BY KENTEK, AND KENTEK DISCLAIMS ANY AND ALL LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR OPERATION OR INABILITY TO USE THE PRODUCTS, OR ARISING FROM THE NEGLIGENCE OF KENTEK, EVEN IF ANY OF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. FURTHERMORE, CUSTOMER INDEMNIFIES AND AGREES TO HOLD KENTEK HARMLESS FROM SUCH CLAIMS. THIS WARRANTY GIVES CUSTOMER SPECIFIED LEGAL RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY OR MAY NOT APPLY.
RETENTION OF TITLE: Title to Products supplied to KENTEK shall be retained by KENTEK and will not pass to the CUSTOMER regardless of their completeness of affixation, until final payment is received by KENTEK.
MINIMUM ORDER: $100.00 for Net 30 Terms * *If under $100.00: Prepayment must be made by MasterCard, VISA, American Express, or COD, via money order or cashier's check.
FIRST-TIME CUSTOMER TERMS: First order must be placed by MasterCard, VISA, American Express, or COD, via money order or cashier's check. Net 30 terms may be available for second order after credit check is completed. References must be verifiable by fax.