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Terms and Conditions
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT
INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS
LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT
CONTAINS A BINDING ARBITRATION CLAUSE.
NOTE: These Terms and Conditions of Sale apply to direct or indirect purchases
made from KRS Corporation, LLC by phone, the Internet, by purchase orders sent
to, or direct from KRS. “KRS” refers to KRS Corporation, LLC, and “you” refer to you
as the user or buyer or products produced or sold by KRS.
These terms and conditions ("Agreement") apply to your purchase of products
and/or services and support ("Product") sold by KRS Corporation, LLC, including its
affiliates or subsidiaries. By placing your order for Product, you accept and are
bound to the terms and conditions of this Agreement. If you do not wish to be
subject to these terms and conditions, you must promptly cancel your order before it
goes into production. If you return your purchase within 21 days, we'll refund your
purchase price minus shipping, handling, and up to a 15% restocking fee. You may
also be responsible for the cost of the return shipping back to KRS. THIS
AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE PURCHASE
AGREEMENT WITH KRS, IN WHICH CASE THE SEPARATE AGREEMENT SHALL
GOVERN; OR (II) OTHER KRS TERMS AND CONDITIONS APPLY TO THE
TRANSACTION.
1. Other Documents. This Agreement may NOT be altered, supplemented, or
amended by the use of any other document(s) unless otherwise agreed to in a
written agreement signed by both you and KRS. If you do not receive an invoice or
acknowledgement in the mail, via e-mail, or with your Product, information about
your purchase may be obtained by contacting your sales representative.
2. Trademarks; Copyrights. The "KRS" name and the names of KRS's
Products and Services (collectively, "Names”) solely for the purpose of accurately
identifying the KRS Products and Services. You may not use the Names for any
purpose, and may not use any other KRS trademarks, service marks, or copyrighted
works. You agree to change or correct, at your own expense, any materials or
activity that KRS decides is inaccurate, objectionable or misleading, or a misuse of
the Names, trademarks, service marks, logos, or copyrighted works. You are
prohibited from using KRS's logos, referring to yourself as an authorized reseller of
KRS, or creating the impression that KRS is affiliated with you other. You may not
claim or imply that you and KRS are legal partners or that KRS has sponsored,
authorized, approved, or endorsed your business or any offer or marketing,
advertising, or promotion thereof in any manner. You may not register or use any
domain name or business name containing or confusingly similar to any name or
mark of KRS's. You will clearly and prominently identify yourself in all your offers and
advertising, marketing, and promotional materials. You understand and agree that
KRS is not associated with ANY other company or any other company’s products. All
trademarks and copyrights are the property of their respective owners.
3. Intellectual Property Ownership. All right, title and interest in the
intellectual property rights in KRS Products and Services, including technology and
trade secrets embodied therein and any custom developments created or provided
in connection with or related to this Agreement, and any derivative works thereof,
shall belong solely and exclusively to KRS or its licensors, and you shall have no
rights whatsoever in any of the foregoing other than the rights set forth in this
Agreement. Nothing in this Agreement or otherwise will be deemed to grant to you
an ownership interest in the intellectual property rights in KRS Products and
Services, in whole or in part.
4. Payment Terms; Orders; Quotes; Interest. Terms of payment are within
KRS's sole discretion, and unless otherwise agreed to by KRS, payment must be
received by KRS prior to KRS's acceptance of an order. Payment for the products
will be made by credit card, wire transfer, or some other prearranged payment
method unless credit terms have been agreed to by KRS. Invoices are due and
payable within the time period noted on your invoice, measured from the date of the
invoice. KRS may invoice parts of an order separately. Your order is subject to
cancellation by KRS, in KRS's sole discretion. Unless you and KRS have agreed to a
different discount, KRS's standard pricing policy for KRS-branded systems, which
include both hardware and services in one discounted price, allocates the discount
off list price applicable to the service portion of the system to be equal to the overall
calculated percentage discount off list price on the entire system. KRS is not
responsible for pricing, typographical, or other errors in any offer by KRS and
reserves the right to cancel any orders arising from such errors. Invoices must be
paid within 30 days of the invoice date. For all but consumer purchases, KRS
reserves the right to charge you a late penalty charge of 1.5% per month applied
against undisputed overdue amounts or the maximum rate permitted by law
whichever is less. Every 30 days thereafter, you will continue to be charged an
additional late penalty charge.
5. Shipping Charges; Taxes; Title; Risk of Loss. Shipping and handling are
additional unless otherwise expressly indicated at the time of sale. Title to products
passes from KRS to Customer upon shipment to Customer. Loss or damage that
occurs during shipping by a carrier selected by KRS is KRS's responsibility. Loss or
damage that occurs during shipping by a carrier selected by you is your
responsibility. You must notify KRS within 21 days of the date of your invoice or
acknowledgement if you believe any part of your purchase is missing, wrong or
damaged. Unless you provide KRS with a valid and correct tax exemption certificate
applicable to your purchase of Product and the Product ship-to location, you are
responsible for sales and other taxes associated with the order. Shipping and
delivery dates are estimates only.
6. Warranties. THE LIMITED WARRANTIES APPLICABLE TO KRS-BRANDED
HARDWARE PRODUCT CAN BE FOUND AT www.KRScorporation.com/warranty OR
IN THE DOCUMENTATION KRS PROVIDES WITH KRS-BRANDED PRODUCT. KRS
MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, OR NON-KRS BRANDED
PRODUCT, SERVICE, MAINTENANCE OR SUPPORT. SUCH PRODUCT,
SOFTWARE, SERVICE, MAINTENANCE OR SUPPORT IS PROVIDED BY KRS "AS
IS" AND ANY THIRD-PARTY WARRANTIES, SERVICES, MAINTENANCE AND
SUPPORT ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER,
NOT BY KRS. KRS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED
IN KRS'S APPLICABLE KRS-BRANDED WARRANTY OR SERVICE DESCRIPTION IN
EFFECT ON THE DATE OF THE INVOICE, PACKING SLIP OR
ACKNOWLEDGEMENT. KRS-BRANDED WARRANTIES AND SERVICES ARE
EFFECTIVE ON PAYMENT IN FULL, AND KRS IS NOT OBLIGATED TO HONOR
ANY WARRANTY OR PROVIDE SERVICE UNTIL KRS RECEIVES PAYMENT IN
FULL. KRS MAY REQUEST CANCELLATION OF THIRD-PARTY-BRANDED
SOFTWARE LICENSES, SERVICES, MAINTENANCE OR SUPPORT IF KRS DOES
NOT RECEIVE PAYMENT. IF YOU PURCHASE THIRD-PARTY-BRANDED
PRODUCT, SERVICES, MAINTENANCE, OR SUPPORT, ADDITIONAL THIRD-
PARTY TERMS AND CONDITIONS MAY APPLY. ALL PRODUCTS FROM KRS
COME WITH A 90 day WARRANTY UNLESS YOU PURCHASED ADDITIONAL
COVERAGE AS STATED ON YOUR INVOICE. KRS at its sole choice will repair,
replace, or refund the purchase price of any failed product that is within 90 days of
purchase and falls within the terms of the Service and Support as described within
this document.
7. Software. All software and or firmware that may be embedded in products of
KRS provided are subject to a license agreement and you agree that you will be
bound by such license agreement in addition to these terms. Title to software
remains with the applicable licensor(s).
8. Return Policies; Exchanges. You must contact us directly before you
attempt to return Product to obtain a Return Material Authorization Number for you
to include with your return. You must return Product to us in their original or
equivalent packaging. You are responsible for risk of loss, shipping and handling
fees for returning or exchanging Product. Additional fees, including up to a 15%
restocking fee, may apply. If you fail to follow the return or exchange instructions
and policies provided by KRS, KRS is not responsible for Product that is lost,
damaged, modified or otherwise processed for disposal or resale. At KRS's
discretion, credit for partial returns may be less than invoice or individual component
prices due to bundled or promotional pricing.
9. Changed or Discontinued Product. KRS's policy is one of ongoing
update and revision. KRS may revise and discontinue Product at any time without
notice to you and this may affect information saved in your online "cart" or ligature
you may have prior to product updates or revisions. KRS will ship Product that has
the functionality and performance of the Product ordered, but changes between
what is shipped and what is described in a specification sheet or catalog are
possible. Parts used in repairing or servicing Product may be new, equivalent-to-
new, or reconditioned. Discontinued products may not be available at the time of
shipment, you agree that you will not receive unavailable products and that you will
not be charged for undelivered products and you accept that you may not be able to
order those items in the future.
10. Service and Support. This applies to all customers, including Small,
Medium and Large Business and the Public Sector customers. In addition to these
terms and conditions, KRS and/or your third-party service provider may provide
such service and support to you in accordance with term and conditions of KRS or
as otherwise delivered to you. KRS and/or your third-party service provider may in
their discretion revise their general and optional service and support programs and
the terms and conditions that govern them without prior notice to you. Your
purchase of services is pursuant to this Agreement and the terms and conditions of
KRS Service Descriptions, if applicable, published online at the time of your
purchase. KRS has no obligation to provide service or support until KRS has
received full payment for the Product or service/support contract you purchased.
KRS is not obligated to provide third-party branded service or support, or service or
support for any products or services that you purchased through a third-party and
not KRS. It is your responsibility to backup all existing data, software, and programs
before receiving services or support (including telephone support). KRS and/or your
third-party service provider will have no liability for loss or recovery of data,
programs or loss of use of system(s) arising out of the services or support or any
act or omission, including negligence, by KRS or your-third-party service provider.
KRS and/or your third-party service provider are not permitted by law to copy
pirated or copyrighted materials or to copy or handle illegal data. Prior to KRS
and/or your third-party service provider providing service or support, you represent
that your system(s) does not contain illegal files or data. You also represent that you
own the copyright or have a license to make copies to all files on your system and
do not have any data that would cause KRS or your third-party service provider to
be liable for copyright infringement if such data was copied by KRS and/or your third-
party service provider. Parts used in repairing or servicing Product(s) may be new,
equivalent-to-new or reconditioned.
11. Limitation of Liability. KRS DOES NOT ACCEPT LIABILITY BEYOND THE
REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY
FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF
BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE
PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED
HEREIN, KRS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL,
INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT
FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, KRS IS NOT
LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE
AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING
ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET
FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR
ESSENTIAL PURPOSE.
12. Not For Resale or Export. You agree to comply with all applicable laws
and regulations of the various states and of the United States. You agree and
represent that you are buying only for your own internal use only, and not for resale,
export or that you are purchasing on behalf of another entity. You agree that you will
be responsible and liable for ANY and or all expenses resulting in your violation of
this agreement. You agree that you are not purchasing products for deceptive
reasons and you will be responsible and liable for ANY and or all expenses resulting
in your violation of this agreement including ALL related KRS attorney fees.
13. Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY
SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER
IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR
FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON
LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND KRS arising from or
relating to this agreement, its interpretation, or the breach, termination or validity
thereof, the relationships which result from this agreement, KRS's advertising, or
any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF
KANSAS, WITHOUT REGARD TO CONFLICTS OF LAW. Dispute Resolution and
Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN
CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR
FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON
LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND
KRS, its agents, employees, principals, successors, assigns, affiliates (collectively
for purposes of this paragraph, "KRS") arising from or relating to this Agreement, its
interpretation, or the breach, termination or validity thereof, the relationships which
result from this Agreement (including, to the full extent permitted by applicable law,
relationships with third parties who are not signatories to this Agreement), KRS's
advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND
FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN
ARBITRATION ASSOCIATION (AAA) or JAMS and conducted in the state of Kansas.
Arbitration proceedings shall be governed by this provision and the applicable
procedures of the selected arbitration administrator, including any applicable
procedures for consumer-related disputes, in effect at the time the claim is filed.
Consumer claimants (individuals whose transaction is intended for personal family or
household use) may elect to pursue their claims in small-claims court rather than
arbitration. The arbitration or small-claims court proceeding will be limited solely to
the dispute or controversy between customer and KRS. In any dispute, NEITHER
CUSTOMER NOR KRS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS
BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A
REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL
CAPACITY. The individual (non-class) nature of this dispute provision goes to the
essence of the parties' dispute resolution agreement, and if found unenforceable,
the entire arbitration and dispute resolution provision shall not be enforced. The
arbitrator shall be empowered to grant whatever relief would be available in court
under law or in equity. This transaction shall be governed by the Federal Arbitration
Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and
binding on each of the parties, and may be entered as a judgment in any court of
competent jurisdiction. KRS will not be responsible for paying any individual
consumer's arbitration fees. If any customer prevails on any claim that affords the
prevailing party attorneys' fees, or if there is a written agreement providing for fees,
the Arbitrator may award reasonable fees to the prevailing party, under the
standards for fee shifting provided by law. YOU ACKNOWLEDGE THAT YOU ARE
GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY
OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH
RESPECT TO SUCH A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU
WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY ALSO BE
UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. For information on AAA or
JAMS, contact the following: American Arbitration Association, 335 Madison
Avenue, 10th Floor, New York, NY 10017, www.adr.org; JAMS, 45 Broadway, New
York, NY 10005, (800) 352-5267, www.jamsadr.com.
Term of Use Revisions
KRS may at any time revise these Terms and Conditions by updating this
information. By using this KRS Corporation, LLC website or purchasing products
from KRS Corporation, LLC, you agree to be bound by these Terms and Conditions
and any such revisions and should therefore periodically visit www.krscorporation.
com to determine the then current Terms of Use to which you are bound.
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT
INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS
LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT
CONTAINS A BINDING ARBITRATION CLAUSE.
NOTE: These Terms and Conditions of Sale apply to direct or indirect purchases
made from KRS Corporation, LLC by phone, the Internet, by purchase orders sent
to, or direct from KRS. “KRS” refers to KRS Corporation, LLC, and “you” refer to you
as the user or buyer or products produced or sold by KRS.
These terms and conditions ("Agreement") apply to your purchase of products
and/or services and support ("Product") sold by KRS Corporation, LLC, including its
affiliates or subsidiaries. By placing your order for Product, you accept and are
bound to the terms and conditions of this Agreement. If you do not wish to be
subject to these terms and conditions, you must promptly cancel your order before it
goes into production. If you return your purchase within 21 days, we'll refund your
purchase price minus shipping, handling, and up to a 15% restocking fee. You may
also be responsible for the cost of the return shipping back to KRS. THIS
AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE PURCHASE
AGREEMENT WITH KRS, IN WHICH CASE THE SEPARATE AGREEMENT SHALL
GOVERN; OR (II) OTHER KRS TERMS AND CONDITIONS APPLY TO THE
TRANSACTION.
1. Other Documents. This Agreement may NOT be altered, supplemented, or
amended by the use of any other document(s) unless otherwise agreed to in a
written agreement signed by both you and KRS. If you do not receive an invoice or
acknowledgement in the mail, via e-mail, or with your Product, information about
your purchase may be obtained by contacting your sales representative.
2. Trademarks; Copyrights. The "KRS" name and the names of KRS's
Products and Services (collectively, "Names”) solely for the purpose of accurately
identifying the KRS Products and Services. You may not use the Names for any
purpose, and may not use any other KRS trademarks, service marks, or copyrighted
works. You agree to change or correct, at your own expense, any materials or
activity that KRS decides is inaccurate, objectionable or misleading, or a misuse of
the Names, trademarks, service marks, logos, or copyrighted works. You are
prohibited from using KRS's logos, referring to yourself as an authorized reseller of
KRS, or creating the impression that KRS is affiliated with you other. You may not
claim or imply that you and KRS are legal partners or that KRS has sponsored,
authorized, approved, or endorsed your business or any offer or marketing,
advertising, or promotion thereof in any manner. You may not register or use any
domain name or business name containing or confusingly similar to any name or
mark of KRS's. You will clearly and prominently identify yourself in all your offers and
advertising, marketing, and promotional materials. You understand and agree that
KRS is not associated with ANY other company or any other company’s products. All
trademarks and copyrights are the property of their respective owners.
3. Intellectual Property Ownership. All right, title and interest in the
intellectual property rights in KRS Products and Services, including technology and
trade secrets embodied therein and any custom developments created or provided
in connection with or related to this Agreement, and any derivative works thereof,
shall belong solely and exclusively to KRS or its licensors, and you shall have no
rights whatsoever in any of the foregoing other than the rights set forth in this
Agreement. Nothing in this Agreement or otherwise will be deemed to grant to you
an ownership interest in the intellectual property rights in KRS Products and
Services, in whole or in part.
4. Payment Terms; Orders; Quotes; Interest. Terms of payment are within
KRS's sole discretion, and unless otherwise agreed to by KRS, payment must be
received by KRS prior to KRS's acceptance of an order. Payment for the products
will be made by credit card, wire transfer, or some other prearranged payment
method unless credit terms have been agreed to by KRS. Invoices are due and
payable within the time period noted on your invoice, measured from the date of the
invoice. KRS may invoice parts of an order separately. Your order is subject to
cancellation by KRS, in KRS's sole discretion. Unless you and KRS have agreed to a
different discount, KRS's standard pricing policy for KRS-branded systems, which
include both hardware and services in one discounted price, allocates the discount
off list price applicable to the service portion of the system to be equal to the overall
calculated percentage discount off list price on the entire system. KRS is not
responsible for pricing, typographical, or other errors in any offer by KRS and
reserves the right to cancel any orders arising from such errors. Invoices must be
paid within 30 days of the invoice date. For all but consumer purchases, KRS
reserves the right to charge you a late penalty charge of 1.5% per month applied
against undisputed overdue amounts or the maximum rate permitted by law
whichever is less. Every 30 days thereafter, you will continue to be charged an
additional late penalty charge.
5. Shipping Charges; Taxes; Title; Risk of Loss. Shipping and handling are
additional unless otherwise expressly indicated at the time of sale. Title to products
passes from KRS to Customer upon shipment to Customer. Loss or damage that
occurs during shipping by a carrier selected by KRS is KRS's responsibility. Loss or
damage that occurs during shipping by a carrier selected by you is your
responsibility. You must notify KRS within 21 days of the date of your invoice or
acknowledgement if you believe any part of your purchase is missing, wrong or
damaged. Unless you provide KRS with a valid and correct tax exemption certificate
applicable to your purchase of Product and the Product ship-to location, you are
responsible for sales and other taxes associated with the order. Shipping and
delivery dates are estimates only.
6. Warranties. THE LIMITED WARRANTIES APPLICABLE TO KRS-BRANDED
HARDWARE PRODUCT CAN BE FOUND AT www.KRScorporation.com/warranty OR
IN THE DOCUMENTATION KRS PROVIDES WITH KRS-BRANDED PRODUCT. KRS
MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, OR NON-KRS BRANDED
PRODUCT, SERVICE, MAINTENANCE OR SUPPORT. SUCH PRODUCT,
SOFTWARE, SERVICE, MAINTENANCE OR SUPPORT IS PROVIDED BY KRS "AS
IS" AND ANY THIRD-PARTY WARRANTIES, SERVICES, MAINTENANCE AND
SUPPORT ARE PROVIDED BY THE ORIGINAL MANUFACTURER OR SUPPLIER,
NOT BY KRS. KRS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED
IN KRS'S APPLICABLE KRS-BRANDED WARRANTY OR SERVICE DESCRIPTION IN
EFFECT ON THE DATE OF THE INVOICE, PACKING SLIP OR
ACKNOWLEDGEMENT. KRS-BRANDED WARRANTIES AND SERVICES ARE
EFFECTIVE ON PAYMENT IN FULL, AND KRS IS NOT OBLIGATED TO HONOR
ANY WARRANTY OR PROVIDE SERVICE UNTIL KRS RECEIVES PAYMENT IN
FULL. KRS MAY REQUEST CANCELLATION OF THIRD-PARTY-BRANDED
SOFTWARE LICENSES, SERVICES, MAINTENANCE OR SUPPORT IF KRS DOES
NOT RECEIVE PAYMENT. IF YOU PURCHASE THIRD-PARTY-BRANDED
PRODUCT, SERVICES, MAINTENANCE, OR SUPPORT, ADDITIONAL THIRD-
PARTY TERMS AND CONDITIONS MAY APPLY. ALL PRODUCTS FROM KRS
COME WITH A 90 day WARRANTY UNLESS YOU PURCHASED ADDITIONAL
COVERAGE AS STATED ON YOUR INVOICE. KRS at its sole choice will repair,
replace, or refund the purchase price of any failed product that is within 90 days of
purchase and falls within the terms of the Service and Support as described within
this document.
7. Software. All software and or firmware that may be embedded in products of
KRS provided are subject to a license agreement and you agree that you will be
bound by such license agreement in addition to these terms. Title to software
remains with the applicable licensor(s).
8. Return Policies; Exchanges. You must contact us directly before you
attempt to return Product to obtain a Return Material Authorization Number for you
to include with your return. You must return Product to us in their original or
equivalent packaging. You are responsible for risk of loss, shipping and handling
fees for returning or exchanging Product. Additional fees, including up to a 15%
restocking fee, may apply. If you fail to follow the return or exchange instructions
and policies provided by KRS, KRS is not responsible for Product that is lost,
damaged, modified or otherwise processed for disposal or resale. At KRS's
discretion, credit for partial returns may be less than invoice or individual component
prices due to bundled or promotional pricing.
9. Changed or Discontinued Product. KRS's policy is one of ongoing
update and revision. KRS may revise and discontinue Product at any time without
notice to you and this may affect information saved in your online "cart" or ligature
you may have prior to product updates or revisions. KRS will ship Product that has
the functionality and performance of the Product ordered, but changes between
what is shipped and what is described in a specification sheet or catalog are
possible. Parts used in repairing or servicing Product may be new, equivalent-to-
new, or reconditioned. Discontinued products may not be available at the time of
shipment, you agree that you will not receive unavailable products and that you will
not be charged for undelivered products and you accept that you may not be able to
order those items in the future.
10. Service and Support. This applies to all customers, including Small,
Medium and Large Business and the Public Sector customers. In addition to these
terms and conditions, KRS and/or your third-party service provider may provide
such service and support to you in accordance with term and conditions of KRS or
as otherwise delivered to you. KRS and/or your third-party service provider may in
their discretion revise their general and optional service and support programs and
the terms and conditions that govern them without prior notice to you. Your
purchase of services is pursuant to this Agreement and the terms and conditions of
KRS Service Descriptions, if applicable, published online at the time of your
purchase. KRS has no obligation to provide service or support until KRS has
received full payment for the Product or service/support contract you purchased.
KRS is not obligated to provide third-party branded service or support, or service or
support for any products or services that you purchased through a third-party and
not KRS. It is your responsibility to backup all existing data, software, and programs
before receiving services or support (including telephone support). KRS and/or your
third-party service provider will have no liability for loss or recovery of data,
programs or loss of use of system(s) arising out of the services or support or any
act or omission, including negligence, by KRS or your-third-party service provider.
KRS and/or your third-party service provider are not permitted by law to copy
pirated or copyrighted materials or to copy or handle illegal data. Prior to KRS
and/or your third-party service provider providing service or support, you represent
that your system(s) does not contain illegal files or data. You also represent that you
own the copyright or have a license to make copies to all files on your system and
do not have any data that would cause KRS or your third-party service provider to
be liable for copyright infringement if such data was copied by KRS and/or your third-
party service provider. Parts used in repairing or servicing Product(s) may be new,
equivalent-to-new or reconditioned.
11. Limitation of Liability. KRS DOES NOT ACCEPT LIABILITY BEYOND THE
REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY
FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF
BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE
PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED
HEREIN, KRS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL,
INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT
FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, KRS IS NOT
LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE
AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING
ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET
FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR
ESSENTIAL PURPOSE.
12. Not For Resale or Export. You agree to comply with all applicable laws
and regulations of the various states and of the United States. You agree and
represent that you are buying only for your own internal use only, and not for resale,
export or that you are purchasing on behalf of another entity. You agree that you will
be responsible and liable for ANY and or all expenses resulting in your violation of
this agreement. You agree that you are not purchasing products for deceptive
reasons and you will be responsible and liable for ANY and or all expenses resulting
in your violation of this agreement including ALL related KRS attorney fees.
13. Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY
SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER
IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR
FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON
LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND KRS arising from or
relating to this agreement, its interpretation, or the breach, termination or validity
thereof, the relationships which result from this agreement, KRS's advertising, or
any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF
KANSAS, WITHOUT REGARD TO CONFLICTS OF LAW. Dispute Resolution and
Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN
CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR
FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON
LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND
KRS, its agents, employees, principals, successors, assigns, affiliates (collectively
for purposes of this paragraph, "KRS") arising from or relating to this Agreement, its
interpretation, or the breach, termination or validity thereof, the relationships which
result from this Agreement (including, to the full extent permitted by applicable law,
relationships with third parties who are not signatories to this Agreement), KRS's
advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND
FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN
ARBITRATION ASSOCIATION (AAA) or JAMS and conducted in the state of Kansas.
Arbitration proceedings shall be governed by this provision and the applicable
procedures of the selected arbitration administrator, including any applicable
procedures for consumer-related disputes, in effect at the time the claim is filed.
Consumer claimants (individuals whose transaction is intended for personal family or
household use) may elect to pursue their claims in small-claims court rather than
arbitration. The arbitration or small-claims court proceeding will be limited solely to
the dispute or controversy between customer and KRS. In any dispute, NEITHER
CUSTOMER NOR KRS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS
BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A
REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL
CAPACITY. The individual (non-class) nature of this dispute provision goes to the
essence of the parties' dispute resolution agreement, and if found unenforceable,
the entire arbitration and dispute resolution provision shall not be enforced. The
arbitrator shall be empowered to grant whatever relief would be available in court
under law or in equity. This transaction shall be governed by the Federal Arbitration
Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and
binding on each of the parties, and may be entered as a judgment in any court of
competent jurisdiction. KRS will not be responsible for paying any individual
consumer's arbitration fees. If any customer prevails on any claim that affords the
prevailing party attorneys' fees, or if there is a written agreement providing for fees,
the Arbitrator may award reasonable fees to the prevailing party, under the
standards for fee shifting provided by law. YOU ACKNOWLEDGE THAT YOU ARE
GIVING UP YOUR RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY
OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH
RESPECT TO SUCH A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU
WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, MAY ALSO BE
UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. For information on AAA or
JAMS, contact the following: American Arbitration Association, 335 Madison
Avenue, 10th Floor, New York, NY 10017, www.adr.org; JAMS, 45 Broadway, New
York, NY 10005, (800) 352-5267, www.jamsadr.com.
Term of Use Revisions
KRS may at any time revise these Terms and Conditions by updating this
information. By using this KRS Corporation, LLC website or purchasing products
from KRS Corporation, LLC, you agree to be bound by these Terms and Conditions
and any such revisions and should therefore periodically visit www.krscorporation.
com to determine the then current Terms of Use to which you are bound.