Terms & Conditions

Terms and Conditions of Sale

KelanC Products, LLC
Effective Date: February 28, 2022

1. Acceptance of Terms

These Terms and Conditions of Sale (“Terms”) apply to all quotations, invoices, orders, and sales of equipment, machinery, parts, and accessories by KelanC Products, LLC (“KelanC”).

By placing an order, submitting payment, or accepting delivery of products from KelanC Products, LLC, the purchaser (“Customer”) agrees to be bound by these Terms.

Any additional or conflicting terms proposed by the Customer shall not apply unless expressly agreed to in writing by KelanC Products, LLC.

2. KelanC Products, LLC is a Distributor

KelanC Products, LLC is a reseller and distributor of equipment manufactured by third parties.

KelanC:

Does not manufacture the equipment it sells
Does not design or engineer the equipment
Does not provide independent product warranties

All equipment is manufactured by third-party manufacturers and is subject only to the manufacturer’s warranty, if any.

3. Quotations and Pricing

All quotations are valid for 30 days unless otherwise stated in writing.

Prices are subject to change due to:

Manufacturer price adjustments
Material cost changes
Shipping or freight increases
Currency fluctuations

Orders are not considered accepted until confirmed by KelanC Products, LLC.

4. Payment Terms

Payment terms will be stated on the invoice or quotation.

Unless otherwise agreed in writing:

Payment is due prior to shipment
Orders may require deposit or full prepayment

KelanC Products, LLC reserves the right to suspend production or shipment for unpaid balances.

Late payments may incur:

Interest of 1.5% per month (or the maximum allowed by law)
Collection costs and attorney fees

5. Custom or Special-Order Equipment

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

Accordingly:

Custom or special-order equipment cannot be cancelled once submitted to the manufacturer
All such orders are non-refundable and non-returnable

Customers are responsible for confirming all specifications prior to ordering.

6. Shipping and Delivery

Shipping dates are estimates only and are not guaranteed.

KelanC Products, LLC shall not be liable for delays caused by:

Manufacturer production schedules
Freight carriers
Supply chain disruptions
Customs or import delays
Events beyond reasonable control

Title and risk of loss transfer to the Customer upon shipment from the manufacturer or warehouse.

7. Inspection Upon Delivery

Customers must inspect shipments immediately upon receipt.

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

Shipping damage
Missing items
Visible defects

Failure to report such issues within the required time frame will constitute acceptance of the shipment.

8. Manufacturer Warranty

All equipment sold by KelanC Products, LLC is covered solely by the manufacturer’s warranty, if any.

KelanC Products, LLC:

Does not provide independent warranties
Does not guarantee product performance
Is not responsible for manufacturing defects

All warranty claims must be directed to the manufacturer according to their warranty policies.

KelanC may assist in communicating with the manufacturer but is not responsible for warranty decisions.

9. Returns

Returns are governed by the KelanC Products, LLC Return, Warranty, and Liability Policy dated February 28, 2022, which is incorporated into these Terms by reference.

Machinery and custom-built equipment are not returnable.

Defective accessories may be returned within 14 days only with prior authorization.

10. Limitation of Liability

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

Loss of profits
Loss of production
Equipment downtime
Business interruption
Labor costs
Installation or removal costs

KelanC’s total liability for any claim shall not exceed the purchase price of the product sold.

11. Indemnification

Customer agrees to defend, indemnify, and hold harmless KelanC Products, LLC, its owners, employees, officers, and affiliates from any claims, damages, losses, or lawsuits arising from:

Use or operation of equipment
Installation or maintenance of equipment
Manufacturer defects
Customer misuse or modification of equipment

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

12. Governing Law

These Terms and all transactions with KelanC Products, LLC shall be governed by the laws of the State of Minnesota, without regard to conflict-of-law rules.

13. Arbitration

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

Both parties waive the right to pursue disputes through jury trials or class action lawsuits.

14. Attorney Fees

If KelanC Products, LLC must take legal action to enforce these Terms or defend against claims relating to products sold, the prevailing party shall be entitled to recover reasonable attorney’s fees, court costs, and related expenses.

15. Force Majeure

KelanC Products, LLC shall not be liable for failure or delay in performance caused by events beyond its reasonable control, including but not limited to:

Natural disasters
Labor disputes
Supply chain disruptions
Government actions
War or terrorism
Transportation failures

16. Policy Updates

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

17. Customer Acknowledgement

By placing an order, making payment, or accepting delivery of equipment from KelanC Products, LLC, the Customer acknowledges that they have read, understood, and agreed to these Terms and Conditions of Sale.