KelanC Products, LLC
Effective Date: February 28, 2022
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.