Terms and Conditions
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TERMS AND CONDITIONS
We thank you for your order and accept same ON THE EXPRESS CONDITION THAT YOU ASSENT TO THE TERMS AND CONDITIONS SET FORTH HEREIN, INCLUDING WARRANTY, DISCLAIMER AND LIMITATION OF REMEDIES.
1. Order Acceptance Policy. All orders are subject to approval and acceptance in writing by Klein Connection, Inc. (“Klein Connection”), at Klein Connection’s offices in Cedar Rapids, Iowa, U.S.A. Your receipt of an electronic or other form of order confirmation does not signify Klein Connection’s acceptance of your order, nor does it constitute confirmation of Klein Connection’s offer to sell. Klein Connection reserves the right at any time after receipt of your order to accept or decline your order for any reason. Klein Connection further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Klein Connection upon our delivery of Products that you have ordered.
2. Entire Agreement. Acceptance of orders, whether oral or written, is based on the express condition that you agree to all of the terms and conditions contained herein. Acceptance of delivery by you will constitute your assent to these terms and conditions. These terms and conditions represent the complete agreement of the parties, and no terms or conditions in any way adding to, modifying or otherwise changing the provisions stated herein shall be binding upon Klein Connection unless made in writing and signed and approved by an officer of Klein Connection. No modification of any of these terms will be effected by Klein Connection’s shipment of goods following receipt of your purchase order, shipping request or similar forms containing printed terms and conditions conflicting or inconsistent with the terms herein.
3. Methods of Payment and Credit Card Terms. Unless otherwise indicated in writing, all prices are quoted in U.S. Dollars and payment is to be made in U.S. Dollars. All payments must be made by Visa, MasterCard. Klein Connection currently does not accept cash, checks or any other payment form. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT KLEIN CONNECTION, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. If Klein Connection does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Klein Connection or its agents. A service charge of the lesser of 1½% per month or the maximum permissible rate will be added to all uncollected amounts.
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4. Force Majeure. Klein Connection shall not be liable for delays in shipment or default in delivery for any reason of force majeure or for any cause beyond Klein Connection’s reasonable control, including, but not limited to: (a) government action, war, riots, civil commotion, embargoes or martial laws; (b) Klein Connection’s inability to obtain necessary materials from its usual sources of supply; (c) shortage of labor, raw material, production or transportation facilities or other delays in transit; (d) labor difficulty involving employees of Klein Connection or others; (e) fire, flood or other casualty; or (f) other contingencies of manufacture or shipment. In the event of any delay in Klein Connection’s performance due in whole or in part to any cause beyond Klein Connection’s reasonable control, Klein Connection shall have such additional time for performance as may be reasonably necessary under the circumstances. Acceptance by you of any goods shall constitute a waiver by you of any claim for damages on account of any delay in delivery of such goods.
5. Taxes. All taxes and excises of any nature whatsoever now or hereafter levied by governmental authority, whether federal, state or local, either directly or indirectly, upon the sale or transportation of any goods covered hereby shall be paid and borne by you.
6. Title Risk of Loss. Delivery of goods to carrier shall be deemed delivery to you, and thereupon title to such goods, and risk of loss or damage, shall be yours. Any claim by you against Klein Connection for shortage or damage occurring prior to such delivery must be made in writing within ten (10) days after receipt of shipment. Klein Connection shall retain title to the goods until it has received full payment therefor.
7. Warranty and Disclaimer. Products sold by Klein Connection shall be covered by the following warranty:
Klein Tools Warranty - Klein Tools products, manufactured and sold for commercial or industrial uses, are warranted to be free from defects in materials and workmanship for the normal life of the product, with the exception of (a) Cordomatic products (see Cordomatic warranty below), and (b) Model 63060 Ratcheting Cable Cutter, which is warranted for one year from the date of purchase. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS. At its option, Klein Tools will repair or replace, or refund the purchase price of, any product which fails to conform with this warranty under normal use and service. In no event shall Klein Tools be liable for incidental or consequential damage.
If your Klein Tools product requires repair or for information on how to exercise your rights under the terms of this warranty, please contact Klein Connection at 1-866-553-4602 (or 1-847-821-4104 for calls outside the United States).
Cordomatic Warranty - Each product carrying the Cordomatic Trademark is warranted against defects in materials and workmanship for (6) six months from date of purchase. During this warranty period these products will be repaired or replaced at Cordomatic’s option at no cost to you. This warranty does not apply if the product is repaired by unauthorized persons or has been improperly mounted, abused, mishandled or operated at a voltage and amperage exceeding that shown on the name plate or instruction manual.
If service becomes necessary for a Cordomatic reel or drop lite, return the complete unit(s) to our authorized repair station at:
Cordomatic
Repair Department
24500 Solon Road
Bedford Heights, OH 44146
1-800-400-5020
THE FOREGOING WARRANTIES ARE IN LIEU OF AND EXCLUDE 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.
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8. Limitation of Remedies. Klein Connection shall not be liable for incidental or consequential losses, damages or expenses, directly or indirectly arising from the sale, handling or use of the goods, or from any other cause with respect to the goods or this Agreement, whether such claim is based upon breach of contract, breach of warranty, strict liability in tort, negligence or any other legal theory. Klein Connection’s liability hereunder in any case is expressly limited, at Klein Connection’s election, to repair or replacement (in the form originally shipped) of goods not complying with this Agreement, or to the repayment of, or crediting you with, an amount equal to the purchase price of such goods.
Any claim by you with reference to the goods sold hereunder for any cause shall be deemed waived by you unless submitted to Klein Connection in writing within thirty (30) days from the date you discovered, or should have discovered, any claimed breach.
9. Return of Goods. All new, unused merchandise may be returned to Klein Connection for a full credit of the price of the merchandise, posted to your credit card within 30 days of receipt of returned goods. There are no exchanges through Klein Connection at any time. Klein Connection provides prepaid shipping labels for use on returns. Klein Connection is not responsible for replicating lost labels.
10. Method of Shipment. Klein Connection will use all reasonable efforts to comply with your requests as to method of shipment, but Klein Connection reserves the right to use an alternate method of transportation or route of shipment if substantial delay might otherwise occur.
11. Exclusions. All of Klein Connection’s drawings, descriptive matter, weights, dimensions, descriptions and illustrations contained in Klein Connection’s website, catalogs, price lists or advertisements are approximate only and intended merely to give a general idea of the goods described therein and shall not form part of this Agreement.
12. Fees and Charges. You shall pay applicable shipping, insurance and inspection charges and all duties, tariffs and consular fees, and any other fees, duties or charges incurred in connection with any goods ordered. You agree to indemnify, defend and hold Klein Connection or its affiliates harmless therefrom. In the event that Klein Connection pays any such amounts, you agree to reimburse the amounts so paid.
13. Governmental Approvals. Upon request by Klein Connection and not otherwise, you will apply, as appropriate, for any necessary governmental approvals or registrations, or any extension thereof, for use or sale of the goods in your country. All such applications shall be subject to Klein Connection’s prior approval and shall identify the goods as originating with Klein Connection. The goods shall be registered in the name of Klein Connection or Klein Connection’s designee. Klein Connection will provide on a confidential basis technical information and any other data at its disposal in support of such applications. Any filing fees for such applications shall be borne by Klein Connection, and, unless otherwise agreed, all other expenses in connection with such applications shall be borne by you.
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14. Foreign Corrupt Practices Act Representation. You represent and agree that you have not offered, given, promised to give or authorized giving, and will not offer, give, promise to give or authorize giving directly or indirectly, any money or anything else of value to any government official, political party, political official or candidate for political office in connection with your activities hereunder.
15. Waiver. Waiver by Klein Connection of any breach of these terms and conditions shall not be construed as a waiver of any other breach, and failure to exercise any right arising from any default hereunder shall not be deemed a waiver of such right which may be exercised at any subsequent time.
16. Severability. In the event that any one or more of these terms or conditions is held invalid, illegal or unenforceable, such provision or provisions shall be severed and the remaining terms and conditions shall remain binding and effective.
17. Non-Assignment by You. This Agreement shall be binding on the successors and assigns of the parties, but because this Agreement is personal to you, you may not assign, transfer or delegate your rights or obligations under this Agreement without Klein Connection’s prior express written consent.
18. Controlling Law. This Agreement shall be deemed to have been executed and delivered in Cedar Rapids, Iowa, U.S.A. This Agreement and all rights and obligations hereunder, including matters of construction, validity and performance, shall be governed by the internal laws of the State of Iowa, including the Uniform Commercial Code as enacted in that jurisdiction, without giving effect to the principles of conflicts of law thereof. You hereby submit to the jurisdiction of any state or federal court located in Chicago, Illinois.
19. Arbitration. Any controversy or claim arising out of or relating to this Agreement shall be determined by arbitration in accordance with the International Arbitration Rules of the American Arbitration Association by one arbitrator appointed in accordance with said Rules. The parties agree for purposes of arbitration and any other purpose in this Agreement that the substantive laws of the United States and the State of Iowa shall govern and pertain to this Agreement. Any such arbitration shall be held in Chicago, Illinois, U.S.A. unless the parties hereto agree upon some other location for arbitration. Any award of such arbitration tribunal shall be final and binding upon the parties to this Agreement and shall not be attacked by either party in any court of law and shall be enforced in any court having jurisdiction pursuant to the terms of the United Nation’s “Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958.”
20. Controlling Language. This Agreement is entered into in the English language. Should a translation of this Agreement into any other language be required or desired for any reason, it is understood that in all matters involving interpretations of this Agreement, the English text shall control.
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