Terms and Conditions
Notice to Customers: If Customer is not signed into a service contract, and protected from price increases then the sole terms and conditions applicable to all sales by KJH Manufacturing (the Company), to you (the Customer) are as follows.
Pricing and Product: All pricing is USA dollars. All prices, container options, formulations and product availability are subject to change without notice.
Order Acceptance: All orders, including those held by the Company for pending shipment, are subject to acceptance at our Richmond, VA office. Prices of product will be those in effect on date of shipment. The Company may defer shipments or at its option, cancel all or part of unshipped order(s).
Payment Terms: All sales are credit card, advance check or money order unless credit terms have been established. Credit terms for established customers are net (30) days from date of shipment. At the Company’s option, export orders may be subject to special export payment terms and conditions. In the event the customer fails to fulfill the terms of payment, or in case the Company shall have any doubt at any time as to the customer’s financial responsibility, the Company may decline to make further deliveries except upon receipt of cash or satisfactory security. Past due balances are subject to a late payment charge of 1 1/2% per month, or the maximum amount permitted by applicable law whichever is greater. Customer shall reimburse the Company for all taxes, excise or other charges, which the Company may be required to pay to any government (foreign, national, state or local) upon the sale, production or transportation of the products sold hereunder. Customer shall pay all reasonable costs, fees (including attorney’s fees) and expenses incurred by the Company in collecting monies due or to become due hereunder. Handling fee of $15.00 will be charged for all orders under $45.00 in product value, however, this excludes dispensers. If the Company’s invoice(s) are paid by the Customer using a credit card, the credit card processing fee of 3.5% will be added to the invoice value submitted to the Customer, and collected by the Company.
Waiver, Choice of Law and 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. The Company, it’s personnel and Customer do hereby agree to settle any dispute or claim, other than the payment of monies due the Company by Customer, through mediation and waive trial by jury in any action, proceeding, or counterclaim brought by either of the parties hereto against each other on any matters whatsoever arising out of or in any way with the sale or use of the Company’s products The laws of the Commonwealth of Virginia, excluding conflict of laws shall govern all transactions, and venue shall be in the Commonwealth of Virginia, as the Company in its sole discretion determines.
Web Site Orders / Electronic Data Interchange (EDI): If the Company and customer have mutually agreed to use the Web Site / Electronic Data Interchange (EDI) system to facilitate sale transaction, customer agrees: that it will not contest (i) any contract of sale resulting from a Web Site / EDI transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of Web Site / EDI records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. The Company will use proper security procedures to protect Web Site / EDI records from improper access. The business records maintained by the Company regarding Web Site / EDI purchases made by the customer shall be controlling.
Assignment: Customer shall not assign an order or any interest therein without the prior written consent of the Company. Any actual or attempted assignment without the Company's prior written consent shall entitle the Company to cancel such order upon notice to customer.
Product Allocations: During periods of unusual sales demand the Company reserves the right to allocate shipment quantities of our brands to all customers. Such allocations will be based on all orders (including pending orders), will bear a relationship to each customer’s average shipment, and will apply on a proportionally equal basis to all customers.
Order Cancellations: Any cancellation must be approved by the Company, and may be subject to a 15% restocking charge and other charges.
Freight Policy: Unless otherwise stated, freight and shipping fees will be charged for shipments to a customer's place of business anywhere in the contiguous United States, using a carrier of the Company's choice. Other terms apply to Alaska, Hawaii, Puerto Rico and export orders. The customer must pay any extra charges incurred for additional services, such as customer's carrier or special handling by the carrier.
We offer assistance to customers in tracing delayed shipments.
Insurance: There is no insurance on the Company’s merchandise in transit (other than coverage normally maintained by the carrier) unless the customer makes written request for additional coverage and agrees to pay the cost thereof.
Loss or Damage, Claims and Product Returns: Title and risk of loss or damage for all products supplied by the Company are F.O.B. Company’s origin warehouse; the point at which products were tendered to carrier and accepted in good apparent order by the carrier, which proves damage occurred while in the possession of the carrier. At the time of delivery it is the customer's responsibility to note any loss or damage apparent and concealed on your copy and on the carrier’s copy of the delivery receipt retains products and shipping containers and call carrier immediately for an inspection and file a claim with the carrier.
No claims of any nature will be considered unless made in writing within 10 days after receipt of goods. Your satisfaction is guaranteed. If for any reason you are not completely satisfied with our company’s products, return the unused portion to our Richmond, VA office or to a Company representative within 10 days of receipt for a full refund, less cost of shipping. All product returns must be issued a return merchandise authorization number (RMA) prior to returning product, or they will be refused at the door. For RMA numbers, call the office do not e-mail. Product returns are subject to a 15% restocking fee and other charges.
Limitation of Liability: Any liability for consequential and incidental damages is expressly disclaimed. The Company’s liability in all events is limited to and shall not exceed the purchase price paid. It is expressly understood that the Company assumes no obligation or liability for advice given for the use of its products or for results obtained, all such advise being given and accepted is at the customer’s risk.
Returnable Containers: The Company believes in being kind to the Earth. Therefore whenever possible the Company recycles 5 gallon pails, 15, 30 and 55-gallon reusable drums to minimize landfill waste for intrastate shipments. Customers may be advised by the Company at the time of sale that all returnable containers used in connection with delivery of products shall remain the property of the Company. Such containers shall be used by the Customer only for the reasonable storage of original contents and shall be returned empty and in good condition within 90 days from date of original shipment. If not returned within ninety (90) day limit, or damaged while in possession of the Customer (as determined by the Company), then the Company has the right to collect damages equal to the Company's list price in effect at the time of shipment for a comparable container. Only capped, empty containers in good condition with original labeling will be accepted for return.
Force Majeure: The Company will not be responsible or liable for any loss or damage occurring by reason of any delay in performance or non-performance, including, but not limited to, acts of God, fire, flood, war, government action foreign or domestic, accident, explosion, labor trouble, inability to obtain material, labor, equipment or transportation facilities, breakage in machinery or apparatus, or any other cause beyond Company’s reasonable control. If by reason of any of the above, the Company is delayed in making any delivery hereunder, such delay will be excused and delivery suspended during the continuance of and to the extent of such cause: provided that if the total demand for the Company’s products cannot than be supplied by the Company. Delivery will be made and taken as soon as possible after the removal or termination of such cause, provided that, if such delay exceeds ninety days (90), the obligations of the Company and Customer hereunder to make and take delivery will be terminated without liability, but the terms and conditions of sale shall otherwise remain unaffected.
Performance Guarantee: Orders fulfilled by Company within fourteen days of Company formally acknowledging receipt of Customers order are not considered late. Company will do its best to notify the Customer whenever product delays may go beyond fourteen days. Company is not liable to Customer in any way for inbound product delays, or raw materials that are unavailable to the Company due to supplier’s procurement schedules or delays, back orders, stock outs or circumstances beyond the Company’s control.
No Third Party Benefit: It will be entirely Customer’s responsibility and risk, and under no circumstances will any loss be paid by the Company should Customer extend credit to any of our manufactures representatives prior to taking delivery of merchandise, whether by cash loan, sale or delivery of merchandise on credit or any other form of credit, or should Customer cash checks other than this Company’s checks without requesting and receiving specific authorization in writing or by facsimile from our Richmond, VA office.
Minimum Age Requirement: You must be 18 years of age or older to accept this Agreement and order from the Company's web-site, or have permission from your guardian to do so.
Only officers of the Company have the authority to alter any circular, letter or price list issued by the Company.
By placing an order via the Company's web site you have agreed to allow the Company or its agent the permission to e-mail you promotional offers. You also understand that if you do not want to be included in these promotional offers you can remove yourself at the time of receiving a promotional offer.