Terms and Conditions of Sale

Kemset

All sales are made pursuant to these terms and conditions and all orders are received with the understanding that they are placed under these terms and conditions as set forth herein.  Kemset, KemsetUSA, KemsetUSA Inc., and kemsetusa.com hereinafter referred to as “Kemset USA”, and the company representative, person or any or either of them, or otherwise are collectively referred to as “Customer” agree to be bound by the terms and conditions hereunder, which are incorporated by reference herein.  To the extent Customer’s separate terms and conditions conflict with these terms and conditions, KemsetUSA’s terms and conditions shall apply.

  1. All products manufactured and/or supplied by KemsetUSA are made with high quality control standards to insure consistency.  All materials are carefully packed, inspected and delivered to the carrier in good condition.  Follow the printed instructions for care, mixing and application.  KemsetUSA is not responsible for and does not warrant against improper storage, handling or application. Nor does KemsetUSA warrant against any defects discovered after installation or any injury that occurs due to the use of these products.  Prior to installation, all materials must be inspected and approved by the Customer, the installer and/or other representative.  Absolutely no claims will be accepted for any reason after the material has been mixed and/or installed.  
  2. All customers must complete a Sales Agreement/Credit Application and have an account set up with KemsetUSA.  Form can be found at https://www.kemsetUSA.com/services/forms or is available upon request.
  3. Terms of payment on invoices from KemsetUSA are NET PRE-PAID unless otherwise stated on invoice.
  4. KemsetUSA’s products can be used in many different types of applications.  The use of the website, literature or other sources of information supplied by KemsetUSA including but not limited to employees, agents and other representatives are intended to provide product knowledge for the Customer to determine the suitability of the products for their particular application.  KemsetUSA does not warrantee the suitability or performance of any of its products for any particular application due to a wide variety of construction techniques that may or may not be suitable for the products.  Claims regarding incorrect quantities, defective goods, non-conformance to specifications, or any other discrepancy must be made in writing within 10 days after receipt of the goods. Failure to do so will relieve KemsetUSA of any responsibility for credit or replacement of goods.
  5. No goods can be returned without prior authorization by KemsetUSA.  In the event an item is approved in writing for return, it must be in its original, undamaged shipping container in salable condition and accompanied by a packing slip.  A restocking fee will be applied to all returned items.  
  6. Should any tax imposed by law, Government agency, and/or board, affect the goods herein, Customer agrees to pay such tax in addition to the amount of each invoice at the same time invoice becomes due and payable.
  7. Should any Customer checks be returned by their bank for any reason, customer agrees to pay $50.00 for bank/handling charges for each check returned to KemsetUSA.  Late fees may also apply.  In Consideration of forbearance to bring immediate legal action on overdue invoices, CUSTOMER agrees to pay a service charge at the rate of 1 ½ percent per month on unpaid invoices 25 days from date of said invoice(s).  CUSTOMER agrees to pay all costs and reasonable attorney fees incurred in collection of all past due invoices and accounts
  8. KemsetUSA shall not be liable for failure to deliver goods or delays in delivery of goods occasioned by causes beyond its control, including, but not limited to strikes, lockouts, fires, embargoes, war or other outbreak of hostilities, acts of God, inability to obtain shipping space, machinery breakdowns, delays by carriers or suppliers and governmental acts or regulations.
  9. Payment is due at 326 N. Avalon Blvd, Wilmington CA 90744 or other location notified by KemSet USA in writing.
  10. KEMSET USA EXTENDS NO WARRANTIES BEYOND THE DESCRIPTION OF THE GOODS ON THE INVOICES, AND MERCHANTIBILITY AND/OR ALL WARRANTIES OF FITNESS FOR A PARTICULAR USE ARE HEREBY EXCLUDED.  KemsetUSA’s liability for products sold shall be limited to replacing or issuing credit for goods at its option, provided prompt notice of any defect is given to KemsetUSA.  In the event of a claim brought against KemsetUSA, Inc., any judgement obtained shall be limited in amount, and shall not exceed the amount of products purchased and paid for.  KemsetUSA shall not be liable for loss of profits, use, business, and goodwill, delays, down time or any other consequential damage.
  11. The provisions of this Agreement reflect the entire agreement between KemsetUSA and Customer, and supersedes and overrides any prior oral or written agreement.  Any modification to these terms and condition must be in writing and signed by both parties.  If any clause of this Agreement is invalid, the remaining clauses shall survive, and this Agreement will be read as if the invalid clause had been removed.  In the event that any dispute arises under this Agreement, any such proceeding will take place in Los Angeles County, and California law will apply.  In the event of any ambiguity in the interpretation of this agreement, this agreement shall not be construed against the draftsman.
  12. The Customer acknowledges that they have read these terms and conditions and agrees to be bound by its statements as stated herein.