Terms of Sale
Kestrel Industrial (Kestrel) stands behind every product we sell and is dedicated to providing unsurpassed service and support to our customers. The suppliers and manufacturers we represent are the very best in the business and offer the brands you know and trust. All products are of the highest quality and are guaranteed against defects in workmanship or materials. If you receive a product that does not perform as advertised, please call our Customer Service Department at 1-800-264-9768 so we can take immediate action to resolve any concern you may have regarding your purchase. You have our pledge that we will do our best to ensure your complete satisfaction. Notwithstanding anything stated in this paragraph, all guarantees of KESTREL are subject only to and limited by the terms of the LIMITED WARRANTY set forth below.
Promo codes are used in appreciation of business to our clients and to increase their savings. The following terms and conditions apply:
You may be included in mail sent US post office or by email. You always have the right to opt out and unsubscribe. Any email or offer without an expiration date will be in effect for three days only including the date of the mailer being sent. Maximum savings if unstated, is $500.00. Offers are valid only for one shipment to one location. We reserve the right to amend or change this policy at any time. Kestrel Industrial, Inc., its agents, officers’ employees and contractors under no circumstance shall be liable for damages that may result from any errors or omissions which would make the offer invalid and void. Void where prohibited by law.
The identity of each Purchaser must be fully disclosed at the time an order is accepted by KESTREL. Possession of, or access to, a KESTREL catalog, literature, or website(s) does not constitute the right to purchase from KESTREL. KESTREL reserves the right to correct publishing errors. ANY AND ALL PRICES herein are subject to change without notice. Placement of an order shall be deemed as acceptance of these Terms.
MODIFICATION OF TERMS
All customer orders to purchase KESTREL products are subject to acceptance by KESTREL. KESTREL's acceptance of any order is conditioned upon the customer's assent to all terms and conditions applicable to the transaction. No additions or modifications of terms and conditions by customer shall be binding upon KESTREL unless agreed to by KESTREL in writing. If a purchase order or other correspondence contains terms and conditions proposed by the customer that are contrary to the applicable terms and conditions herein, KESTREL's acceptance of any such order shall not be construed as assent to any of the terms and conditions proposed to the customer, and will not constitute a waiver by KESTREL of any of the terms and conditions pursuant to which this agreement is made. Unless different terms are otherwise specifically agreed to in writing by KESTREL, the terms set forth herein will govern all orders accepted by KESTREL.
All published prices are in U.S. Dollars and must be paid in U.S. Dollars and do not include freight, handling fees, or taxes and/or duties. In the event of a publishing error, KESTREL reserves the right to charge the correct price. KESTREL works diligently with our suppliers to maintain pricing, but they are subject to change according to market conditions and pricing of market sensitive commodities. Prices on large quantities or for other items not found on our website or other publications are available by request. Please contact our Product Specialists for a quotation on these items.
Customers are responsible for all applicable taxes or for providing a valid sales tax exemption certificate. State and local sales tax will be applied to items sold to customers in the state of Florida unless sales tax exemption certification has been provided.
KESTREL accepts cash, checks, money orders, wire transfers, and/or Visa, MasterCard, American Express and Discovery credit cards. For registered customers that have established credit with KESTREL, payment terms are net 30 days from the date of invoice. Other credit terms or conditions may apply as required for approval by the KESTREL Credit Department. Anticipation and cash discounts are not allowed. KESTREL shall have the right of set-off and deduction for any sums owed. If a customer fails to make payment within thirty (30) days, KESTREL may defer shipments until such payment is made, or may at its option, cancel all or any part of the unshipped order. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
Customer agrees that any credit balances issued will be applied within on (1) year of its issuance. IF NOT APPLIED OR REQUESTED WITHIN ONE (1) YEAR, ANY BALANCE REMAINING WILL BE SUBJECT TO CANCELLATION, AND KESTREL SHALL HAVE NO FURTHER LIABILITY.
SHOPPING CART FREIGHT MISCALCULATIONS
Kestrel Industrial does it's best to obtain correct freight quotes. However, we are not responsible for miscalculations and will alert buyer in the event of same. At that time the buyer may elect to cancel without penalty.
FREIGHT IS PREPAID AND ADDED TO CUSTOMER'S INVOICE ON ALL ORDERS, unless otherwise stated, to the customer's place of business anywhere in the contiguous United States, using the routing of our choice. C.O.D. shipments are not permitted. Other terms and conditions may apply for freight collect, export orders, hazardous materials, special handling or shipments outside the contiguous United States. Any extra charge incurred for additional services, such as customer's carrier or special handling at the destination, must be paid by the customer. Title and risk of loss pass to the customer upon tender of shipment to the carrier. If product is damaged in transit, customer must file a claim with the carrier. Please note the damage on the delivery receipt and obtain and inspection report from the carrier immediately. Then contact KESTREL at 1-800-264-9768.
INSPECTION AND ACCEPTANCE
Claims for damage, shortage or errors in shipping must be reported within one (1) business day following delivery to the customer. Customer shall have five (5) business days from the date customer receives any products to inspect such products and services for defects and nonconformance which are not due to damage, shortage or errors in shipping and notify KESTREL, of any defects, nonconformance or rejection of such products. Claims for shortages or other errors must be made in writing to KESTREL within five (5) business days after receipt of shipment, and failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by the customer. After such acceptance, customer shall have no right to reject the products for any reason or to revoke acceptance. Customer hereby agrees that such five (5) business day period is a reasonable amount of time for such inspection and revocation. Customer shall have no right to order any change or modification to any product or services previously ordered by customer or its representatives or cancel any order without KESTREL's written consent and payment to KESTREL of all charges, expenses, commissions and reasonable profits owed to or incurred by KESTREL. Specially fabricated, custom or built-to-order products may not be canceled or returned, and no refund will be made. The sole and exclusive remedy for merchandise alleged to be defective in workmanship or material will be the replacement of the merchandise subject to the manufacturer's inspection and warranty and subject to the terms of the LIMITED WARRANTY set forth below.
KESTREL'S SOLE AND EXCLUSIVE WARRANTY, IF ANY, IS THAT PROVIDED BY THE PRODUCT'S MANUFACTURER. KESTREL MAKES NO EXPRESSED OR IMPLIED WARRANTIES. KESTREL HEREBY DISCLAIMS ANY IMPLIED WARRANTIES, WHETHER IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE OR USE. NO WARRANTY WILL APPLY IF ANY PRODUCTS ARE IN ANY WAY ALTERED OR MODIFIED AFTER DELIVERY BY THE CUSTOMER.UNDER NO CIRCUMSTANCES, AND IN NO EVENT, WILL KESTREL BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE OR ANY OTHER LOSS, DAMAGE, COST OF REPAIRS OR INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, OR LIQUIDATED DAMAGES OF ANY KIND, WHETHER BASED UPON WARRANTY, CONTRACT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION ARISING IN CONNECTION WITH THE DESIGN, MANUFACTURE, SALE, TRANSPORTATION, INSTALLATION, USE OR REPAIR OF THE PRODUCTS SOLD BY KESTREL. CUSTOMER HEREBY ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, AND IN NO EVENT, SHALL KESTREL'S LIABILITY, IF ANY, EXCEED THE NET SALES PRICE OF THE DEFECTIVE PRODUCT(S); NO ADDITIONAL ALLOWANCE SHALL BE MADE FOR THE LABOR OR EXPENSE OF REPAIRING OR REPLACING DEFECTIVE PRODUCTS OR WORKMANSHIP OR DAMAGE RESULTING FROM THE SAME. KESTREL'S SOLE LIABILITY SHALL BE LIMITED TO REPAIR, REPLACEMENT, CREDIT OR REFUND, AT KESTREL'S OPTION, OF PRODUCTS RETURNED TO KESTREL PURSUANT TO OUR INSTRUCTIONS. KESTREL MAKES NO WARRANTIES TO THOSE DEFINED AS CONSUMERS IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENT ACT.
KESTREL does not guarantee that our products meet all applicable requirements in each state or locality with varying codes and regulations governing sales, construction, installation, and/or use of products for certain purposes. The customer assumes responsibility for compliance with such safety standards and regulations in those localities in which the products will be shipped, sold and used. Before purchase and use of a product, please review the product application, national and local codes and regulations to be sure that the product, installation and use will comply. The customer, at its own expense, is responsible for applying for and obtaining any permits and inspections required for the installation and/or use of our products. Any recommendations made by KESTREL concerning compliance, use, design, operation or application of the products shall not be construed as representations or warranties, expressed or implied and shall not impose any liability upon KESTREL. Products sold under these Domestic Sales Terms are for ultimate sale and use within the United States of America only. If Customer purchases the products for export, Customer assumes sole responsibility for compliance with any safety or similar regulation in the country or local of exportation, as well as compliance with any U.S. export regulations in effect at the time of such exportation.
OSHA Hazardous Substance
Material Safety Data Sheets (MSDS) for OSHA defined hazardous substances are prepared and supplied by manufacturers. The information and recommendations contained on the MSDS are believed by KESTREL to be accurate. KESTREL, however, makes no warranties with respect to the accuracy of the information or the suitability of the recommendations. Customer is solely responsible for any reliance on or use of any information, and for use or application of any product. KESTREL disclaims any and all liability to any user.
Manufacturers Warranties & Sales Literature
Most of the products supplied to KESTREL are warranted to the final consumer by their manufacturer and copies of such warranties are available from the manufacturer. As a service, KESTREL will obtain copies of consumer warranties from the warrantor and will furnish them free of charge to customers who request them. Address requests to: Kestrel Industrial, Inc., 6561 Palmer Park Circle Suite A, Sarasota, FL 34238 USA. Requests must include the KESTREL order number and the manufacturer's model number of each product for which a copy of the warranty is requested. KESTREL may also furnish sales brochures and other literature of the manufacturer. KESTREL assumes no responsibility for the content of such warranties or sales literature by performing this service.
KESTREL shall not be responsible for any losses or damages sustained by the customer or any other person as a result of improper installation or misapplication of the products. The customer shall defend, indemnify and hold harmless KESTREL and its owners, agents and employees against any loss, damage, claim, suit, liability, judgment or expense (including, without limitation, attorney's fees) arising out of or in connection with any injury, disease or death of persons (including, without limitation, KESTREL's owners, employees and agents) or damage to or loss of any property or the environment, or violation of any applicable laws or regulations resulting from or in connection with the sale, transportation, installation, use, or repair of the products by the customer or of the information, designs, services or other work supplied to the customer, whether caused by the concurrent and/or contributory negligence of customer, KESTREL, or any of their owners, agents, employees or suppliers. The obligations, indemnities and covenants contained in this paragraph shall survive the consummation or termination of this transaction.
All product returns must be authorized by KESTREL. If you would like to return a product, please contact Customer Service at 1-800-474-7294 for return instructions. Products that are stocked by KESTREL may be returned within 30 days for credit, exchange or refund. The customer is responsible for shipping costs both ways and a restocking charge of 20% will be applied. Returns after 30 days from ship date will not be accepted. A customer may only return a product provided it is in new condition, suitable for resale in its undamaged original packaging and with all its original parts and it has not been used, installed, modified, rebuilt, reconditioned, repaired, altered or damaged. Any product that is returned not in this condition, the customer will be charged a deduction for the cost of putting the product in a salable condition. Non-stock items may be returned only if the manufacturer will accept the return. Specially fabricated, custom or built-to-order products may not be returned, and no refund will be made. KESTREL reserves the right to refuse any return not in compliance with the above. Products cannot be shipped back without authorization from KESTREL and any products returned unauthorized will cause your credit to be delayed or denied. Please return all products freight prepaid as no COD or Freight Collect shipments will be accepted.
Trademarks & Copyrights/Intellectual Property Rights
Customer acknowledges that they have no right, title or interest in the trademarks or copyrights in the products, or any other intellectual property rights of KESTREL or the manufacturer in the products, including but not limited to any patents, and customer covenants that it will take no action to register or otherwise interfere with such rights, and that it will not copy, reverse engineer or otherwise infringe on any such intellectual property rights.
Governing Law & Limitations/Venue
The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. These terms and conditions shall be construed, interpreted and performed exclusively according to the laws, excluding conflict of law rules, of the State of Florida, United States of America. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen. Venue for any legal proceedings under this Agreement shall be in Sarasota County, Florida or if in any U.S. Court sitting in Sarasota County. Customer irrevocably agrees to the jurisdiction of such courts and hereby waives its right to the jurisdiction of any other court to which Customer may otherwise be entitled by virtue of Customer's place of residence or otherwise.
Actions by KESTREL for nonpayment by the customer of the purchase price of products sold by KESTREL, or for redress of other breaches by the customer of the Terms and Conditions of Sale may be brought by KESTREL, at its option, before any judicial court of competent jurisdiction in Sarasota County. Customer irrevocably agrees to the jurisdiction of such courts and hereby waives its right to the jurisdiction of any other court to which Customer may otherwise be entitled by virtue of Customer's place of residence or otherwise. At KESTREL's option, disputes between the Customer and KESTREL, including all claims for non-performance by KESTREL, shall be finally settled by binding arbitration in the State of Florida, USA under the Rules of the American Arbitration Association applying these Terms and Conditions and consistent provisions of the internal laws (except conflict of law rules) of the State of Florida, USA.
KESTREL shall not be liable for any delay in or impairment of performance resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war risks, shortages, inability to procure or ship product or obtain permits and licenses, supplies or raw materials, or any other circumstances or causes beyond the control of KESTREL in the conduct of its business.
Sales on open account may be approved, in KESTREL's sole discretion, on a case-by-case basis. On any sales on open account, the Customer hereby grants to KESTREL a priority lien, purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to KESTREL. Customer agrees to file any financing statements or other appropriate document with its governmental authorities to assure the validity, priority, and enforceability of the lien. Customer represents that any products purchased on open account terms will be maintained within the Continental United States at all times while the account is unpaid.
Customer shall not assign any order or any interest therein without the written consent of KESTREL. Any actual or attempted assignment without KESTREL's prior written consent shall entitle KESTREL to cancel such order upon notice to customer without liability to KESTREL.
Customer's purchase hereunder does not create any agency agreement between KESTREL and Customer. If Customer is purchasing any of the KESTREL Products for resale, Customer is not authorized to make any representations on behalf of KESTREL or that are binding on KESTREL. KESTREL assumes no liability for any of Customer's resale activity.
If any provision of these Terms and Conditions of Sale shall be deemed invalid or unenforceable by a court of competent jurisdiction, such invalid or unenforceable term shall not affect the validity and enforceability of any other legal provisions hereof. The invalid or unenforceable term shall be redefined, or a new enforceable term provided such that the intent of KESTREL and customer in agreeing to the provisions of these Terms and Conditions shall be enforceable to the fullest extent of the applicable laws.
No Third-Party Benefit
The provisions stated above are for the sole benefit of the parties hereto, confer no rights, benefits or claims upon any person or entity not a party here to.
Compliance with U.S. Law
Customer acknowledges that it is responsible for use of the KESTREL products in compliance with U.S. law. Customer further acknowledges that it has purchased the KESTREL products under the domestic terms of sale. Any exportation of the products is entirely at the Customer's risk and must be done in compliance with all U.S. laws applicable to such exportation. Customer agrees to indemnify and hold KESTREL harmless for any fine, costs of investigation, legal defense and other losses that KESTREL may incur by reason of Customer's failure to comply with applicable export laws and regulations, regardless of whether Customer advises KESTREL after the effective purchase of KESTREL products of Customer's intent to export such products.
The terms and conditions in KESTREL's forms, acknowledgments, quotations, invoices, websites, and catalog sales terms and conditions are incorporated here