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Return, Warranty, and liability Policy

Return, Warranty, and Liability Policy

KelanC Products, LLC
Effective Date: February 28, 2022

1. Acceptance of Terms

This Return, Warranty, and Liability Policy governs all sales of equipment, machinery, parts, and accessories sold by KelanC Products, LLC (“KelanC”).

By purchasing equipment or products from KelanC Products, LLC, the purchaser (“Customer”) agrees to be bound by the terms of this policy.

These terms apply to all quotations, invoices, purchase orders, and transactions unless otherwise agreed to in writing by KelanC Products, LLC.

2. KelanC Products, LLC is Not the Manufacturer

KelanC Products, LLC operates solely as a reseller and distributor of equipment manufactured by third-party manufacturers.

KelanC:

  • Does not manufacture the machinery it sells

  • Does not design or produce the equipment

  • Does not provide independent product warranties

All equipment sold by KelanC is subject solely to the manufacturer’s warranty, if any.

3. Custom-Built or Special-Order Equipment – No Returns

Many machines sold by KelanC Products, LLC are custom-built, built-to-order, or special-order equipment produced by the manufacturer according to customer specifications.

Accordingly:

  • All machinery sales are final

  • Custom-built or special-order equipment is non-returnable and non-refundable

  • Orders submitted to the manufacturer cannot be cancelled once production has begun

Customers are responsible for confirming that all specifications, features, and capabilities meet their requirements prior to purchase.

4. Inspection of Shipments and Freight Claims

Customers must inspect all shipments immediately upon delivery.

Any of the following must be reported within seventy-two (72) hours of delivery:

  • Shipping damage

  • Missing items

  • Visible product defects

Claims must include:

  • Written notice to KelanC Products, LLC

  • Photographs of the damage

  • Retention of all packaging materials

Failure to report issues within 72 hours constitutes acceptance of the shipment as delivered.

Freight Carrier Responsibility

Damage occurring during shipping is the responsibility of the freight carrier. Customers agree to cooperate with freight carriers and manufacturers in resolving freight damage claims.

5. Manufacturer Warranty Only

All machinery and equipment sold by KelanC Products, LLC are covered only by the manufacturer’s warranty, if any.

KelanC Products, LLC:

  • Makes no independent warranties

  • Provides no guarantee of performance

  • Is not responsible for manufacturer defects

All warranty claims, repair requests, and replacement requests must be submitted directly to the manufacturer according to their warranty procedures.

KelanC may assist in communicating with the manufacturer as a courtesy but does not control warranty approvals or outcomes.

6. Defective Accessories and Non-Custom Components

Accessories or non-custom components may be returned only if defective under the following conditions:

  • The defect must be reported within fourteen (14) days of delivery

  • A Return Merchandise Authorization (RMA) must be issued

  • The item must not show signs of misuse or modification

Upon verification of the defect, the manufacturer may:

  • Repair the item

  • Replace the item

  • Issue manufacturer credit

Shipping charges may apply unless the manufacturer determines the item is defective.

7. Return Authorization Requirement

No product may be returned without a Return Merchandise Authorization (RMA) issued by KelanC Products, LLC.

Unauthorized returns may be refused or returned at the customer’s expense.

8. Disclaimer of Warranties

To the fullest extent permitted by law, KelanC Products, LLC disclaims all warranties, whether express or implied, including but not limited to:

  • Implied warranties of merchantability

  • Fitness for a particular purpose

  • Non-infringement

  • Performance guarantees

Any warranty that may exist is provided solely by the manufacturer.

9. Limitation of Liability

To the maximum extent permitted by law, KelanC Products, LLC shall not be liable for any indirect, incidental, consequential, or special damages, including but not limited to:

  • Loss of profits

  • Loss of production

  • Equipment downtime

  • Business interruption

  • Labor or installation costs

  • Loss of business opportunities

In all cases, KelanC’s total liability shall not exceed the purchase price of the product sold.

10. Indemnification and Hold Harmless

Customer agrees to defend, indemnify, and hold harmless KelanC Products, LLC, its owners, officers, employees, agents, and affiliates from any and all claims, damages, lawsuits, liabilities, costs, and expenses, including attorney’s fees, arising from or related to:

  • The use, operation, installation, or maintenance of equipment

  • Product defects or failures

  • Manufacturer design or manufacturing defects

  • Improper installation or misuse by the customer

  • Third-party claims related to the equipment

All product liability claims must be directed solely to the manufacturer.

11. Governing Law

This policy and all transactions with KelanC Products, LLC shall be governed by and interpreted according to the laws of the State of Minnesota, without regard to conflict-of-law principles.

12. Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to any purchase from KelanC Products, LLC shall be resolved through binding arbitration conducted in the State of Minnesota in accordance with the rules of the American Arbitration Association (AAA).

The parties waive the right to pursue claims through a jury trial or class action lawsuit.

13. Attorney Fees

In the event KelanC Products, LLC must take legal action to enforce this policy or defend against claims related to equipment sold, the prevailing party shall be entitled to recover reasonable attorney’s fees, court costs, and related expenses.

14. Policy Modifications

KelanC Products, LLC reserves the right to modify or update this policy at any time. The version in effect on the date of purchase shall govern that transaction.

15. Customer Acknowledgement

By placing an order, submitting payment, or accepting delivery of equipment, the Customer acknowledges that they have read, understood, and agreed to the terms of this Return, Warranty, and Liability Policy.