Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.



Copyright

The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of KempCo Specialties. The collective work includes works that are licensed to KempCo Specialties. Copyright ©2018, KempCo Specialties ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with KempCo Specialties or purchasing KempCo Specialties products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with KempCo Specialties or to purchase KempCo Specialties products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by KempCo Specialties. You further agree not to change or delete any proprietary notices from materials downloaded from the site.



Trademarks

All trademarks, service marks and trade names of KempCo Specialties used in the site are trademarks or registered trademarks of KempCo Specialties



Shipping & Delivery

Orders are usually processed and shipped within 1-2 business days (this excludes U.S. Postal Holidays and Weekends), via USPS and UPS Mail Services. Shipping options are available to choose from at checkout.

Domestic Shipping

KempCo Specialties ships merchandise within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands.

All domestic shipments will include tracking. A confirmation email will be sent to the email address provided at checkout, which will include the tracking number for the package. Please allow up to 48 hours for tracking information to show up in the carrier's system.

International Shipping

KempCo Specialties ships merchandise to Canada and Mexico, and most other international locations, excluding: Afghanistan, Angola, Bolivia, Congo (Democratic Republic of), Congo (Republic of), Côte d'Ivoire (Ivory Coast), Iraq, Liberia, Nigeria, Paraguay, Russian Federation, Sierra Leone, Somalia, and Venezuela.

All international shipments will be insured, which will be included in your total cost of product(s) plus shipping and handling charges.

All international shipments will include tracking. A confirmation email will be sent to the email address provided at checkout, which will include the tracking number for the package. Please allow up to 48 hours for tracking information to show up in the carrier's system. Please Note: International tracking may or may not show complete tracking details, depending on destination country.

Customs and import duties may be applied to International orders when the shipment reaches its destination country. Such charges and/or fees are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.

Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. KempCo Specialties is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices. The shipping exclusion list, above, does not guarantee that the buyer's country of destination will not have restrictions on any KempCo Specialties products, should it not be listed. It is solely for stating countries by which KempCo Specialties cannot ship to, due to insurance capabilities and possible other international issues.



Return Policy

We have a standard 30-day Return Policy. If you have made a purchase and would like to return it, please Contact Us within 30 days of purchase to receive your Return Merchandise Authorization number (RMA#), and directions with an approved return address.

No goods will be accepted for return after 30 days. All returns must be standard stock.

There are no returns on Special or Custom Orders. Additionally, there are no returns on items made of the following materials: Natural Kynar (NK), Natural Polypropylene (NP), Polypropylene (PP), and High-Density Polyethylene (HDPE).

Over-heated Hydrogen Generators, or products damaged due to misuse or neglect, are not eligible for return or refund.

Upon issuance of the RMA#, returned items must be postmarked within 5 days. Buyer shall assume all costs of return shipping1. All items are subject to a 15% restocking fee. Any approved return item postmarked more than 5 days from the date of RMA# issuance, may be subject to up to a 20% restocking fee.

Any refund due will be processed within 5 business days of receipt of returned item(s) to the approved return address. Refunds shall be in the amount of the purchase price, less shipping2 and any applicable fees3. Refunds may take some time to appear back in your account.

All returned items will be inspected upon receiving, before issuance of any refund. Buyer may be required to provide additional information including, but not limited to, detailed descriptions and/or pictures, to determine return eligibility. If items were damaged in transit, we will require photographic evidence of exterior package condition, as well as the condition of contents, for submission of any eligible shipping insurance claims.

1 With the exception of approved items returned due to a manufacturing defect or shipping error.
2 Original purchase shipping cost, paid by the buyer, is not eligible for a refund.
3 Applicable fees can include but are not limited to, Restocking Fees, and any postal carrier surcharges incurred by KempCo Specialties for receiving returned items.



Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, KempCo Specialties disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. KempCo Specialties does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. KempCo Specialties does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.



Limitation of Liability

KempCo Specialties shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if KempCo Specialties has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.



Typographical Errors

In the event that a KempCo Specialties product is mistakenly listed at an incorrect price, KempCo Specialties reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. KempCo Specialties reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, KempCo Specialties shall issue a credit to your credit card account in the amount of the incorrect price.



Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by KempCo Specialties without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.



Notice

KempCo Specialties may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to KempCo Specialties.



Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of KempCo Specialties products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of KempCo Specialties products) must be commenced within one (1) year after the claim or cause of action arises. KempCo Specialties's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. KempCo Specialties may assign its rights and duties under this Agreement to any party at any time without notice to you.



Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a KempCo Specialties or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.



Participation Disclaimer

KempCo Specialties does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, KempCo Specialties is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, KempCo Specialties reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to KempCo Specialties in its sole discretion.



Indemnification

You agree to indemnify, defend, and hold harmless KempCo Specialties, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.



Third-Party Links

In an attempt to provide increased value to our visitors, KempCo Specialties may link to sites operated by third parties. However, even if the third party is affiliated with KempCo Specialties, KempCo Specialties has no control over these linked sites, all of which have separate privacy and data collection practices, independent of KempCo Specialties. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, KempCo Specialties seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).