Terms & Conditions
New Customer Registration
Kelleysupply.com registration is fast and easy! Simply
follow these steps to register.
1. Click on the "Register" button.(upper left column, highlighted in
green under submit button)
2. Click on Join Now link in box.
3. Enter your personal information on the registration screen by clicking or
tabbing through the fields.
4. Fill out all fields completely.
5. Once you have completed the registration form, click the "Submit"
button to complete the registration process.
6. You will receive an e-mail with your registration confirmation and customer
account number.
Pricing
Price quotes on special order items or large quantities are
available upon request. Prices are in effect at the time of shipment
unless otherwise quoted. All prices are subject to applicable sales, use,
and excise taxes to be paid by the buyer. Prices and items are subject to
change without notice. Kelley Supply, Inc. reserves the right to limit
purchase quantities, and/or suggest possible substitutions. Kelley
Supply, Inc. is not responsible for printing or typographical errors.
Terms
For purchasers with established credit, terms are Net 30 Days
from date of shipment. If credit is not established, a credit card is
required for orders. Kelley Supply accepts Master Card, VISA, American Express
and Discover Card. Cash or anticipation discounts are not allowed. All
payments must be made in US dollars. Past due accounts will be levied a charge
of 1.5% per month unless other payment arrangements are made. Kelley Supply
reserves the right to refuse to sell to any individual or company.
Modification of Terms
Kelley Supply, Inc.'s acceptance of any order is subject to
Purchaser's assent to all of the terms and conditions set forth in Kelley
Supply, Inc.'s acknowledgement. Purchaser's assent to these terms and
conditions shall be presumed from Purchaser's receipt of Kelley Supply, Inc.'s
acknowledgement or from Purchaser's acceptance of all or any part of the goods
or services ordered. All other contrary terms and conditions are
expressly rejected and no addition or modification of terms and conditions
shall be binding upon Kelley Supply, Inc., unless agreed to by Kelley Supply,
Inc. in writing.
Sales Tax
Kelley Supply, Inc. is required to charge state and local tax to
purchasers within our delivery area (WI, MN, IA, IL) on items for which a sales
tax exemption certification has not been provided. When ordering, please
indicate clearly which items are tax exempt.
Order Confirmation
Upon receiving your order, we will send you e-mail verification
within one business day. If immediate assistance is required please
contact one of Kelley's customer service representatives at 1-800-782-8573.
Product Information & Availability
Kelley Supply, Inc.'s ability to keep product information
accurate and up-to-date is limited by manufacturers and other industry sources
ability to provide product information. Therefore, Kelley Supply, Inc.
makes no warranties, express or implied, as to the accuracy of the catalog. All
products listed in this catalog are available subject to the supply on hand or
availability of supply to Kelley Supply. Sources and specifications may
be changed when necessary. In some instances, the products listed may be
temporarily out of stock. If there is a delay with your order, we will
inform you immediately via e-mail or phone of its status. Your order will
be shipped immediately and any backordered items will follow.
Order Inquiries
If you have any questions concerning your order, do not hesitate
to call us toll free at 1-800-782-8573 or email us at info@kelleysupply.com.
You can also check the status of your order online once you log in. We
promise to provide you with helpful and courteous answers.
Shipping/Freight
Any special shipping instructions need to be requested when
placing the order. Otherwise, Kelley Supply, Inc. will choose the best
shipment method for the order. Any customer orders within our regularly
scheduled area may be sent by Kelley Supply trucks and are subject to fuel
surcharges dictated by fuel prices. Those orders outside this service
area will be sent by best method. Unless otherwise requested, orders are
shipped FOB Colby, WI or direct through the control of Kelley Supply,
Inc. Weight, distance, and carrier determine shipping and handling
charges. Temperature sensitive products may also require additional shipping
and handling charges. In order to avoid long periods with varying
temperatures over the weekends, products are shipping in the beginning of the
week. If it is necessary to deliver a product when the risk of these
extreme temperatures is high, Kelley Supply, Inc. places products in special insulated
containers or will use a specialized carrier. These additional charges will be
billed to the customer. Shipping weights shown are approximate and intended
only for the customer's convenience. Actual shipping weights may vary.
Hazardous Materials
Special charges apply when shipping hazardous materials.
The DOT regulates and other carriers restrict the shipment of some hazardous
materials. Therefore, it is necessary to contact us to help determine the
best and most cost effective shipping method when ordering these types of
products.
OSHA Hazardous Substances and California Preposition 65 Product
Information
Material Safety Data Sheets (MSDS) for OSHA defined hazardous
substances and a list of products known to the State of California to cause
cancer or reproductive harm are available through Kelley Supply, Inc., P.O. Box
100, Abbotsford, WI 54405. The information and recommendations contained on the
MSDS supplied by the manufacturer are considered to be accurate and
reliable. Kelley Supply, Inc., however, makes no warranty with respect to
the accuracy or reliability of the information or the suitability of the
recommendations. Kelley Supply, Inc. disclaims any and all liability to
any user thereof.
Damaged Product
At Kelley Supply, Inc., great care is taken when packaging
orders. Our Shipping Department will make every effort to assure that
your order is carefully packed for shipment. If, however, a product is
damaged or lost in transit, contact Kelley Supply, Inc. immediately at
1-800-782-8573. If your order does sustain damage in transit, it is
considered the responsibility of the carrier. Be sure to inspect your
order upon delivery have the driver sign the delivery slip noting any damage
upon arrival. If concealed damaged is noted later, call the carrier
immediately for an inspection report. If our delivery truck was the
carrier, notify our office immediately. In all instances, the buyer
originates all claims against the carrier. Contact Kelley Supply, Inc. within
five days of receiving the product if parts are discovered missing or damaged
after the package is opened.
Credit Returns
All returns are subject to Kelley Supply, Inc. approval.
Restrictions and/or restocking charges may apply to all returns. Due to FDA
regulations, return of food ingredients or hazardous material are subject to
approval.
In the event of order error, contact us immediately with an
explanation of the problem and sales order or invoice number. Upon
approval, our office will then give you an RMA number and instructions for
return shipment or have you hold for pickup by our truck or sales rep. If
you are not completely satisfied with your purchase from Kelley Supply, Inc.,
it may be returned upon approval within 60 days. Some restrictions may
apply.
Special Order Items
Items specially ordered for a customer may be returned for
credit only with the consent of our suppliers and any suppliers’ restocking
charges will apply.
Cancellation
Any cancellation must be approved by Kelley Supply, Inc. and may
be subject to restocking fees and other charges.
Credit Balance
Purchaser agrees that any credit balances issued will be applied
within one (1) year of its issuance. If not applied or requested within
one (1) year, any balance remaining will be subject to cancellation and Kelley
Supply, Inc. shall have no further liability.
Force Majeure
Kelley Supply, Inc. 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 Kelley Supply, Inc. in the conduct of its
business.
Terms of Access and Use of Website
All access to and use of this website is governed by Kelley
Supply’s outlined terms. Entering into this web site indicates that you
have reviewed and have agreed to be bound by these terms.
Disclaimer
All information provided on this website is subject to change without
notice. While efforts have been made to make this website helpful and
accurate, due to the open nature of this website and the potential for errors
in the storage and transmission of digital information, kelleysupply.com does
not warrant the accuracy of information obtained from this website. All
materials posted on this site are “as is” and without warranties expressed or
implied. Kelleysupply.com disclaims all warranties including the implied
warranty of merchantability and fitness for a particular purpose.
Kelleysupplly.com does not warrant that functions contained on this site will be
uninterrupted or error-free, that defects will be corrected, or that this site
or server are free of viruses or other harmful components.
Kelleysupply.com does not warrant or represent the use of the materials on this
site in terms of their correctness, accuracy, reliability, or otherwise.
Access and Use of Information
Access to this website is limited to viewing the linked web pages solely for
legitimate business purposes in order to access the information provided by
kelleysupply.com at this website. Any access or attempt to access other
areas of the kelleysupply.com computer system or other information contained on
the system for any purposes is strictly prohibited. You may not use any
information contained on this website other than in connection with a legitimate
business purpose.
Cross Reference Information
Product cross-reference comparisons do not imply that all products compared are
available, or in the case of functional equivalency, that performance and other
characteristics are perfectly comparable. For critical applications,
review specifications prior to purchase.
Hypertext Links
This site may be linked to other sites that are not maintained by
kelleysupply.com. Kelleysupply.com is not responsible for the content of
those sites. The inclusion of any line to such sites does not imply
endorsement, sponsorship, or recommendation of the site by
kelleysupply.com. Kelleysupply.com disclaims any liability for links: (1)
from another web site to kelleysupply.com and (2) to another web site from kelleysupply.com.
Copyright & Trademarks
This website contains many kelleysupply.com and third-party trademarks and
service marks. All materials contained on this site are subject to the
ownership rights of kelleysupply.com and its supplier partners. Kelleysupply.com
hereby authorizes you to make a single copy of the content herein for your use
in learning about, evaluating, or acquiring kelleysupply.com services or
products. You agree that any copy made must include kelleysupply.com
copyright notice. No other permission is granted to you to print, copy,
reproduce, distribute, transmit, upload, download, store, display in public,
alter, or modify the content contained on this site. All marks are the
property of their respective companies. All rights in the intellectual
property contained in this website, including copyright, trademarks, trade
secret and patent rights, are reserved. Purchaser acknowledges that it
has no right, title, or interest in the trademarks or copyrights of the
products and Purchaser covenants that it will take no action to register or
otherwise interfere with such rights
Dispute Resolution
Actions by Kelley Supply, Inc. for nonpayment by the Purchaser of the purchase
price of products sold by Kelley Supply, Inc. or for redress of other breaches
by the Purchaser of the Terms and Conditions of Sale may be brought by Kelley
Supply, Inc. at its option, before any judicial court of competent
jurisdiction. At Kelley Supply, Inc.'s option, disputes between the
Purchaser and Kelley Supply, Inc., including all claims for non-performance by
Kelley Supply, Inc., shall be finally settled by arbitration in the County of
Marathon, Wisconsin under the Rules of the American Arbitration
Association. Rules with respect to matters not regulated by them shall
incorporate the UNCITRAL arbitration rules by one or more arbitrators appointed
in accordance with said rules applying these Terms and Conditions and
consistent provisions of the internal laws (except conflict of law rules) of
the state of Wisconsin, USA.
Limited Warranty
All products sold are warranted by Kelley Supply, Inc. only to Purchasers for
resale or for use in business or original equipment manufacture, against
defects in workmanship or materials under normal use from Kelley Supply, Inc.,
unless otherwise stated. Any part, which is determined by Kelley Supply,
Inc. to be defective in material or workmanship and returned to Kelly Supply,
Inc., shipping costs prepaid, will be, as the exclusive remedy, repaired or
replaced at Kelley Supply, Inc.'s option.
Warranty Disclaimer
No warranty or affirmation of fact, express or implied, other than as set forth
in the limited warranty statement above is made or authorized by Kelley Supply,
Inc. Kelley Supply, Inc. disclaims any liability for product defect
claims that are due to product misuse, improper product selection or
misapplication, and any description does not express or imply a warranty that
the products are merchantable or fit for a particular purpose.
Limitation or Liability
Any liability for consequential and incidental damages is expressly
disclaimed. Kelley Supply, Inc.’s liability in all events is limited to
and shall not exceed the purchase price paid.
Prompt Disposition
Kelley Supply, Inc. will make a good faith effort for prompt correction or
other adjustment with respect to any product, which proves to be defective
within warranty period. Before returning any product, write or call
Kelley Supply, Inc., giving the date and number of original invoice and
describing defect. Title and risk of loss pass to Purchaser on delivery
to the common carrier.
Product Suitability
Many states and localities have codes and regulations governing sales,
construction, installation, and/or use of products for certain purposes, which
may vary from those in neighboring areas. While Kelley Supply, Inc.
attempts to assure that its products comply with such codes, it cannot
guarantee compliance and cannot be responsible for how the product is installed
or used. Before purchase and use of a product, please review the product
application, national and local codes and regulations, and be sure that the product
installation and use will comply with them.
No Warranties to Consumers
Kelley Supply, Inc. makes no warranties to those defined as consumers in the
Magnuson-Moss Warranty-Federal Trade Commission Improvement Act.
Manufacturer’s Warranties and Sales Literature
The manufacturer warrants most of the products supplied by Kelley Supply, Inc.
to the final consumer; copies of such warranties are supplied with the product
or are available from the manufacturer. As a service, Kelley Supply, Inc.
will obtain copies of consumer warranties from the warrantor and will furnish
them free of charge to Purchasers who request them. Address requests to
Kelley Supply, Inc., P.O. Box 100, Abbotsford, WI 54405. Requests must
include the Kelley Supply, Inc. order number and the manufacturer's model
number of each product for which a copy of the warranty is requested.
Kelley Supply, Inc. may also furnish sales brochures and other literature from
the manufacturer. Kelley Supply, Inc. assumes no responsibility for the
content of such warranties or sales literature by performing this service.
Security Interest
On any sales on an open account, Purchaser hereby grants to Kelley Supply, Inc.
a prior lien, purchase money security interest, and/or chattel mortgage in the
products and any accounts receivable or cash from resales thereof until full
payment is made to Kelley Supply, Inc. Purchaser agrees to file any
financing statements or other appropriate document with its governmental
authorities to assure the validity, priority, and enforceability of the
lien. Purchaser agrees to the inform Kelley Supply, Inc. immediately if
it intends to use any import financing or has or will be granting a lien or
security interest on its inventory to any third party.
Assignment
Purchaser shall not assign any order or any interest therein without the
written consent of Kelley Supply, Inc. Any actual or attempted assignment
without Kelley Supply, Inc.'s prior written consent shall entitle Kelley
Supply, Inc. to cancel such order upon notice to Purchaser without liability to
Kelley Supply, Inc.
Complete Agreement
The terms and conditions in Kelley Supply, Inc.'s website Terms of Access
& Use of Website, forms, acknowledgements, quotations, invoices, and
catalog sales terms and conditions, are incorporated herein by reference and
constitute the entire and exclusive agreement between Purchaser and Kelley
Supply, Inc.
Independent Contractor
Kelley Supply, Inc. and Purchaser are independent contractors. Purchaser
is not authorized to and shall not make any representations on behalf of which
are binding upon Kelley Supply, Inc.
Separability
If any provision of these Terms of Purchase shall be deemed illegal or not
enforceable, such illegality or unenforceability shall not affect the validity
and enforceability of any other legal provisions hereof which together shall
then be construed as if such illegal and unenforceable provision or provisions
had not been inserted herein, unless such illegality or unenforceability shall
destroy the underlying business purpose of these Terms of Purchase.
Choice of Law
This offer and any agreement of sale resulting from the acceptance hereof shall
be governed by and construed with the laws of the state of Wisconsin. Any
dispute or claim arising from this sale shall be filed and reviewed in a court
located in Marathon County, Wisconsin.
Governing Law - Limitations
These Terms and Conditions shall be construed, interpreted, and performed
exclusively according to the laws, excluding conflict of law rules, of the
State of Wisconsin, 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. The provisions of the Uniform Commercial Code, as adopted by
the State of Wisconsin and not the United Nations Convention on Contracts for
the International Sale of Goods, shall apply.
Security
Online security is of the utmost importance to us. For that reason, we
are taking every precaution necessary to build a site that ensures secure online
ordering and payment processing. We are employing state-of-the art technology to provide that security. In
addition, we promise to update our site as necessary to meet our growing needs.
Questions on Terms and Conditions
Questions regarding any of the Terms and Conditions outlined on
kelleysupply.com should be directed to: info@kelleysupply.com or Kelley Supply, Inc.,
P.O. Box 100, Abbotsford, WI 54405.
