By clicking that you agree to the terms herein, you agree that the parties will have an enforceable contract for the sale of goods upon your completion of the "checkout" procedures, and such contract shall be governed by these terms and conditions. The buyer agrees these terms and conditions shall govern for all items purchased via this website, with each completion of "checkout" procedures constituting a separate contract, regardless of whether or not the Buyer has previously submitted to Kim Supply a verbal or physical purchase order for the same items. Kim Supply's fulfillment of Buyer's order shall not be deemed an acceptance of any previously submitted verbal or physical purchase order. Rather, each completion of "checkout" procedures shall be a new offer by Buyer, subject to these terms and conditions, and Kim Supply's fulfillment of Buyer's order is an acceptance of such offer.
Kim Supply will make every attempt to ship orders for stocked items, received by 2:00 PM CST, the same day (holidays and weekends excluded). In some scenarios, partial shipments may be made, and orders may be delayed and shipped the following day.
- All freight numbers are estimates until the goods actually ship.
- Kim Supply reserves the right to ship via a different method or carrier, assuming additional costs are not incurred by the customer.
- All items are FOB Kim Supply Warehouse, shipped at Buyer's risk and expense.
- Freight is pre-pay and chargeback. When appropriate, Kim Supply may use a LTL carrier for larger orders.
Non-stock items and back ordered items will be shipped as soon as possible and will be invoiced separately. These may contain additional freight charges.
- Return material authorization numbers must be obtained prior to returning any merchandise. Call (800) 444-2783 to obtain a RMA number.
- No returns will be accepted 60 days after receipt - excluding items for warranty consideration.
- All returned items must be in unused condition.
- All items returned after 30 days are subject to a 15% re-stocking fee.
- Special order and non-stock items are subject to a 20% re-stocking fee.
- Freight for return goods is the entire responsibility of the Buyer.
A product may carry a manufacturer's warranty. THE MANUFACTURER'S WARRANTIES, IF ANY, CONSTITUTE THE ONLY WARRANTIES OF KIM SUPPLY WITH RESPECT TO THE GOODS AND SERVICES SUPPLIED HEREUNDER, OR BY ANY SUBCONTRACTOR OR VENDOR OF KIM SUPPLY, AND ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Buyer is responsible for transportation, labor costs, and any other incidental expenses in connection with the warranty repair or replacement. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to Buyer.
All credit cards will be authorized for the sales, tax and freight amount when orders are placed. Credit cards may be charged additional freight, in situations where the freight estimate is inaccurate.
Neither Kim Supply nor any supplier or subcontractor shall be liable for any delays in delivery caused by causes beyond their control, such as acts of God, war, acts of government, government priorities or allocations, fire, flood, strike, sabotage, or delay in transportation, provided that the party affected by force majeure gives the other party notice in writing of the cause of the delay within a reasonable time after the beginning thereof.
Limitation of Liability:
- NEITHER KIM SUPPLY NOR ITS SUPPLIERS OR SUBCONTRACTORS SHALL BE LIABLE TO BUYER AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS, SERVANTS, CONTRACTORS OR ASSIGNS, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY, FOR (i) EXEMPLARY OR PUNITIVE DAMAGES (EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR WILLFUL INTENTIONAL MISCONDUCT), (ii) ANY LOSS OF USE, REVENUE OR PROFITS; (iii) COST OF CAPITAL; (iv) COST OF SUBSTITUTE USE OR PERFORMANCE; (v) SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE); OR (vi) CLAIMS BY BUYER FOR DAMAGES OF BUYER'S CUSTOMERS.
- THE BUYERS RIGHT TO RETURN ITEMS PURSUANT TO THESE TERMS AND CONDITIONS IS THE EXCLUSIVE REMEDY AVAILABLE TO THE BUYER, AND THE SUM TOTAL LIABILITY OF KIM SUPPLY TO BUYER WITH RESPECT TO THE GOODS OR SERVICES PROVIDED UNDER THIS CONTRACT, OR ANYTHING DONE IN CONNECTION WITH THIS CONTRACT, SUCH AS PERFORMANCE OR BREACH THEREOF, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), ANY OTHER LEGAL THEORY OR UNDER ANY WARRANTY OR OTHERWISE, SHALL NOT EXCEED THE CONTRACT PRICE SET FORTH IN THIS BUYER'S WEBSITE ORDER.
- IF BUYER SELLS OR OTHERWISE TRANSFERS THE PARTS IT PURCHASED OR OTHERWISE RECEIVES FROM KIM SUPPLY TO ANOTHER FOR USE IN EQUIPMENT, MACHINERY, PRODUCTS, ETC., BUYER AGREES TO INDEMNIFY AND HOLD KIM SUPPLY HARMLESS FROM ANY CLAIMS, LAWSUITS, ACTIONS, LOSSES OR LIABILITY ARISING FROM OR IN CONNECTION WITH THE USE OF SAID PARTS.
Kim Supply's suppliers may own copyrights, service marks and trademarks with respect to product description, logos, graphics, pictures, and other information contained in this website (the "Intellectual Property"). Buyer agrees not to make any unauthorized use of any Intellectual Property.
With respect to the items Buyer is purchasing pursuant to this contract, Buyer represents to Kim Supply that Buyer is not legally or contractually prohibited from purchasing the particular product or products, or purchasing the same from Kim Supply ("Legal Prohibitions").
Buyer agrees that it will defend, indemnify and hold Kim Supply harmless from any and all losses, demands, claims, damages, liabilities, judgments, actions, costs or related expenses (including, without limitation, interest, penalties and reasonable attorneys fees) arising out of or resulting from any claims, demands or actions asserted by a third party for unauthorized use, in any way, of the Intellectual Property, or violation of any Legal Prohibitions.
This contract shall be governed by the laws of the state of Missouri. Buyer submits to jurisdiction in Missouri, and Buyer agrees that any litigation or dispute resolution with respect to items governed by this contract, must be brought and heard in Jackson County, Missouri.
By using the Kim Supply website, you expressly agree that use of the Kim Supply website is at your sole risk. The Kim Supply website is provided on an "AS IS" and "as available" basis. Neither Kim Supply nor its affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the Kim Supply website will be uninterrupted, error-free or available in the future. Neither Kim Supply nor its Associates warrant the accuracy, integrity or completeness of the content provided on the Kim Supply website.
Under no circumstances shall Kim Supply or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the Kim Supply website, including but not limited to reliance by you on any information obtained from the Kim Supply website that results in mistakes, omissions, interruptions, or corruption of operation or services, or any failure of performance. The foregoing sentence shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Kim Supply has been advised of or should have knowledge of the possibility of such damages. Buyer hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the Kim Supply website. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to Buyer.
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Kim Supply reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Kim Supply will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with return policy above.