DISCLAIMER OF WARRANTIES/LIMITATION OF REMEDIES

KELLETT PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, ON TIRES SOLD THROUGH THE INTERNET OR KELLETT’S WEBSITE. CUSTOMER IS LIMITED TO WARRANTY, IF ANY, PROVIDED BY THE TIRE MANUFACTURER. KELLETT PROVIDES NO WARRANTY IN EXCESS OF THAT PROVIDED BY THE APPLICABLE MANUFACTURER, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER ASSUMES ALL RISK AND RESPONSIBILITY ACCURATELY TO TRANSMIT ORDERS TO KELLETT.

SPECIAL PROVISIONS GOVERNING SERVICE AND REPAIRS

KELLETT OFFERS REPAIR AND VEHICLE SERVICE THROUGH ITS WEBSITE. KELLETT OFFERS A LIMITED WARRANTY ON LABOR AND INSTALLED PARTS, PROVIDED THAT : (1) REPAIR OR VEHICLE SERVICE IS BOOKED AND PAID FOR THROUGH KELLETT’S WEBSITE; AND (2) CLAIMS AGAINST THE LIMITED WARRANTY OFFERED HEREIN ARE MADE, WITH ACTUAL NOTICE TO KELLETT, WITHIN 30 DAYS OF COMPLETION OF THE REPAIR, SERVICE OR INSTALLATION UNDER CONSIDERATION. CUSTOMER ACKNOWLEDGES THAT THE WARRANTY
HEREUNDER IS IN LIEU OF ANY OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SPECIFICALLY AGREES TO WAIVE THE RIGHT TO DISPUTE OR REQUEST A CHARGEBACK OF ANY PAYMENT
MADE FOR SERVICE OR REPAIRS TO WHICH THIS WARRANTY APPLIES.

LIMITATION OF REMEDIES – APPLICABLE TO SALES, SERVICE AND REPAIRS

REMEDIES AVAILABLE TO CUSTOMER RELATED TO ANY PRODUCT SOLD THROUGH THE INTERNET OR KELLETT’S WEBSITE ARE LIMITED TO THE PURCHASE PRICE OF THE PRODUCT SOLD. ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THE USE OF ANY PRODUCT SOLD THROUGH THE INTERNET OR KELLETT’S WEBSITE FOR CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, ECONOMIC LOSSES OR ANY OTHER INCIDENTAL DAMAGES, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE ARE HEREBY EXPRESSLY EXCLUDED. ALL CLAIMS ARISING FROM OR RELATING TO ANY PRODUCT SOLD THROUGH THE INTERNET OR KELLETT’S WEBSITE BY KELLETT SHALL BE RESOLVED IN ACCORDANCE WITH THE SUBSTANTIVE LAW OF THE STATE OF SOUTH CAROLINA, EXCLUSIVE OF ANY RULES REGARDING CONFLICT OF LAWS. CUSTOMER AGREES THAT THE SOLE AND EXCLUSIVE VENUE FOR RESOLUTION OF ANY DISPUTES SHALL BE THE COURT OF COMMON PLEAS OF GREENVILLE COUNTY, SOUTH CAROLINA, AND CUSTOMER WAIVES RIGHTS TO VENUE IN ANY OTHER FORUM. IF ANY PROVISION OF THIS DISCLAIMER OF WARRANTIES OR LIMITATION OF REMEDIES IS ADJUDICATED INVALID, THAT PROVISION SHALL BE SO DEEMED WITHOUT AFFECTING THE VALIDITY OF ANY OTHER PROVISION OF THIS DISCLAIMER OF WARRANTIES AND LIMITATION OF REMEDIES.

TERMS OF SERVICE

PAYMENT FOR MERCHANDISE PURCHASED THROUGH THE INTERNET OR KELLETT’S WEBSITE IS DUE AT TIME OF PLACEMENT OF THE ORDER. PAYMENT FOR REPAIRS OR SERVICE IS DUE AT THE TIME OF COMPLETION OF SERVICE, AND CUSTOMER AUTHORIZES KELLETT TO PROCESS PAYMENT IN FULL FOR REPAIRS OR SERVICE UPON COMPLETION OF THE CONTRACTED SCOPE OF REPAIRS OR SERVICE, IRRESPECTIVE OF WHETHER CUSTOMER RECLAIMS VEHICLE IMMEDIATELY UPON BEING NOTIFIED OF ITS AVAILABILITY FOR PICKUP. RECEIPTS AND WORK ORDERS WILL BE FORWARDED VIA ELECTRONIC MAIL, UNLESS REQUEST IS MADE FOR POSTING OF PAPERCOPIES.

RETURNS/REFUNDS/EXCHANGES

PARTS INSTALLED BY KELLETT MAY BE RETURNED FOR EXCHANGE WITHIN 30 DAYS OF INSTALLATION. TIRES MAY BE RETURNED, AT CUSTOMER’S SOLE EXPENSE, FOR EXCHANGE ONLY, WITHIN 30 DAYS OF PURCHASE. KELLETT RESERVES THE RIGHT TO REFUSE ANY SHIPMENT CONTAINING PARTS OR TIRES PURCHASED MORE THAN 30 DAYS BEFORE SHIPMENT TO KELLETT. NO C.O.D. SHIPMENTS ACCEPTED. KELLETT DOES NOT OFFER REFUNDS ON INTERNET SALES; PARTS OR TIRES RETURNED WITH A REQUEST FOR REFUND WILL BE EXCHANGED FOR A SUITABLE OR NON-DEFECTIVE PART AND RETURNED TO CUSTOMER. TO RETURN ANY PART, A RETURN AUTHORIZATION NUMBER MUST FIRST BE OBTAINED, VIA ELECTRONIC MAIL TO This e-mail address is being protected from spambots. You need JavaScript enabled to view it . NO CREDITS FOR RETURNED PARTS WILL BE ISSUED WITHOUT A VALID RETURN AUTHORIZATION NUMBER.

NON-WAIVER OF LIMITATIONS

KELLETT RESERVES THE RIGHT TO VARY THE TERMS ABOVE AS NECESSARY WITHIN THE SOLE DISCRETION OF KELLETT. NO VARIANCE OF ANY TERM ABOVE SHALL BE DEEMED TO CREATE A COURSE OF DEALING BETWEEN KELLETT AND CUSTOMER, AND KELLETT SPECIFICALLY RESERVES THE RIGHT TO ENFORCE THE TERMS ABOVE WITH RESPECT TO ANY SUBSEQUENT TRANSACTIONS.

 
© 2009 Kellett and Sons. All rights reserved. Website by Starmedia Communications.
Employment | Legal | Privacy Policy