US Continental Shipping Only Call Us at 1-800-782-8573

Terms and Conditions

Click For Summarized Legal Document

 

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.

Questions Regarding Terms of Access

Questions regarding kelleysupply.com's Terms of Access should be directed to: This email address is being protected from spambots. You need JavaScript enabled to view it. or Kelley Supply, Inc., P.O. Box 100, Abbotsford, WI 54405.

 

Terms of Use
Terms of Access

Please review the kelleysupply.com web site Terms of Access. All access to and use of this website is governed by these terms. Entering into this web site indicates that you have reviewed the web site Terms of Access and have agreed to be bound by these terms.

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.

Privacy

Please refer to the Kelley Supply, Inc. Privacy Policy.

Web 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.

User Security

Kelley Supply, Inc. strives to make shopping online a safe and secure experience. Our secure server encrypts all payment information that you transmit to us while using our site. This includes your user name, password, and credit card information. The encryption process takes all of your personal information and converts it into a code that is securely transmitted over the Internet. Click here to request an application for Kelley Supply, Inc. credit.

 

Legal Terms
Kelley Guarantee

Kelley Supply guarantees all items listed in our catalog free from defects when they leave our hands. Our sole liability is to accept the return of defective items and refund the purchase price. We shall not be liable for any loss or damage, directly or indirectly, caused by the use of an item. No liability will be accepted for catalog clerical or printing errors. All items are warranted only to the extent of our suppliers’ express warranties to us.

Toll Free: 1-800-782-8573

Fax: 1-800-338-0754

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.

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 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.

Complete Agreement

The terms and conditions in Kelley Supply, Inc.'s website Terms of Access, 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.

Trademarks & Copyrights

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.

Trademarks

This website contains many kelleysupply.com and third-party trademarks and service marks. 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. Access to this website does not constitute a right to copy or use any of the intellectual property of kelleysupply.com or its suppliers.

Copyright

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.

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.

Product Information

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.

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.

While efforts have been made to ensure the accuracy of this web site, due to its open nature, Kelley Supply, Inc. does not warrant its accuracy.

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.

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 Purchase
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 for one year after the date of purchase 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

Their manufacturer warrants most of the products supplied to 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.

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.

 

Order Terms
Customer Service

Kelley Supply, Inc. goes above and beyond to satisfy our customers. This is the only way to service a market that is constantly changing. Our product specialists, friendly sales staff, and highly trained customer service representatives are readily available to answer questions and provide solutions for your business needs.

We have recently become available online and welcome your inquiries and feedback. Does our site meet your needs and where can we improve? In return, you can expect a fast friendly reply from our knowledgeable staff. We promise that this website will uphold Kelley's 50+ year tradition of total customer satisfaction.

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.

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 This email address is being protected from spambots. You need JavaScript enabled to view it.. You can also check the status of your order online once you log in. We promise to provide you with helpful and courteous answers.

Order Cancellations

Any cancellation must be approved by Kelley Supply, Inc. and may be subject to restocking fees and other charges.

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.

Order Tracking

The status of an order can easily be tracked by calling a Kelley representative at 1-800-782-8573.

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.

Credit Returns

In the event of order error, contact us immediately with an explanation of the problem and sales order or invoice number. 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. 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.

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.

Prices

Price quotes on special order items are available upon request. Prices are in effect at the time of shipment unless otherwise quoted. All prices are FOB our shipping point unless delivered to your door by our truck on a regular route. All prices are subject to applicable sales, use, and excise taxes to be paid by the buyer. When shipping via our trucks, a fuel surcharge may be added. This surcharge is determined by the current fuel prices.

Pricing Policy

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.

Product Availability

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.

Product Availability/Backorder

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.

Product Concerns

If you are not completely satisfied with your purchase from Kelley Supply, Inc., it may be returned upon approval within 60 days. There will be a restocking charge on all items. Simply fill out the Product Concern form by clicking here or call 1-800-236-9515 to arrange an exchange or credit refund to your account. Some restrictions may apply.

Shipping

Any customer orders within our regularly scheduled area are sent by our delivery trucks. Those orders outside this service area will be sent by best method.

Freight Policy

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. Unless otherwise requested, orders are shipped FOB Colby, WI or direct through the control of Kelley Supply, Inc. Orders may also be delivered on one of Kelley's regularly scheduled routes in a five-state area. Weight, distance, and carrier determine shipping and handling charges.

Special charges apply when shipping hazardous materials. The DOT 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.

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.

At Kelley Supply, Inc., great care is taken when packaging orders. If, however, a product is damaged or lost in transit, contact Kelley Supply, Inc. immediately at 1-800-782-8573. It is necessary to have the carrier sign the delivery slip indicating that the product is damaged upon arrival. Contact Kelley Supply, Inc. within five days of receiving the product if parts are discovered missing or damaged after the package is opened.

Shipping weights shown are approximate and intended only for the customer's convenience. Actual shipping weights may vary.

Damaged Product

Our Shipping Department will make every effort to assure that your order is carefully packed for shipment. However, if your order does sustain damage in transit, it is considered the responsibility of the carrier. Be sure to inspect your order upon delivery and have the driver sign a copy of the freight bill or sales order with any damage noted. 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.

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.

 

Domestic Orders
Wholesale Only

Identification required from all Purchasers. Possession of our wholesale catalog does not constitute the right to purchase from Kelley Supply, Inc.

Quotations

Quotations (Quotes) on large quantities are available upon request. Contact your Kelley Supply, Inc. Sales Representative or Kelley Supply, Inc. directly.

Sales Tax

Kelley Supply, Inc. is required to charge state and local tax on items for which a sales tax exemption certification has not been provided. When ordering, please indicate clearly which items are tax exempt.

Payment Terms

For Purchasers with established credit, terms are net 30 days from date of shipment. If credit is not established, please include payment with order or purchase through Visa, American Express, MasterCard, or Discover Card. Cash or anticipation discounts are not allowed. All payments must be U.S. dollars.

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) and Safety Data Sheets (SDS) 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.

 

Account Information
New User Registration
  1. Click on the "Register" button. (Left column, under submit button, highlighted in green).
  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.
Update Account Information

You can update your account information under My Account.Scroll to the field(s) you would like to change, and enter the new information. When you have completed all your changes, click on the Modify button. Any changes to your registration information will be saved in our system and be used for all future orders.

Accessing Purchase History

Individual accounts can access statistical information on purchasing activity during for the previous 12 months. You can access your Purchase History under My Account.

 

Credit Terms
Payment and Credit 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 Inc. 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. All credit extended by Kelley Supply Inc. to the customer, and its credit limit, is at the sole discretion of Kelley Supply, Inc. and may be reduced or revoked by Kelley Supply Inc. at any time, for any reason. If the customer fails to make payment within 30 days of shipment and suitable arrangements have not been made, Kelley Supply Inc. reserves the right to defer shipment of any order, require cash in advance or cancel said order until payment due has been satisfied. Kelley Supply Inc. reserves the right to refuse to sell to any individual or company.

Credit Cards and Taxes

For your convenience, Kelley Supply, Inc. accepts Master Card, Visa, American Express, or Discover. When registering, you must provide the following information:

  • Type of credit card
  • Account Number
  • Expiration date
  • Authorized Signature Name

Sales tax and/or shipping will be charged where applicable.

Sales Tax

Sales tax is assessed as accurately as possible in the states where we are registered to collect and remit the tax – WI, MN, IA, IL, CA and SD currently. It is the responsibility of the customer to remit any sales tax due on transactions when not assessed by Kelley Supply, Inc. When ordering, please indicate clearly which items are tax exempt.