Terms and Conditions for Kemp USA

Introduction

These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, Kemp USA accessible at KempUSA.com.

These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.

Ordering

Kemp USA is a manufacturer that only accepts orders from registered distributors who resell. To submit an order or become a registered distributor, please email our account management team at [email protected]. If we do not confirm your order within 48 hours, please contact us to ensure we received it.

Shipping

Our corporate office and warehouse is conveniently located in Charlotte, North Carolina. Typical lead time for order fulfillment is 1-2 business days. If a preferred shipping agent is not specified on the order, then we will use FedEx Ground. Unfortunately, FedEx is unable to fulfill orders in which the destination address contains a post office box or a military installation. As always, Kemp USA does not charge a drop ship fee.

Returns

Kemp USA is a wholesaler with an added free drop shipping program, however we do not function as a 3PL fulfillment center. Therefore, approved returns will be accepted for new, unused, resellable products in the original packaging within 30 days of receipt. Shipping charges will need to be covered at the customer’s expense. A 15% restocking fee will incur for orders over $1,000. If the product has a defect or has been mis-shipped proper documentation must be accompanied with the approval request. Buyers remorse returns will not be accepted. Please download full policy here in PDF format.

Damages & Claims

We make every effort to properly package all orders. Please note that any damage or shortage of product must be reported to our Customer Service department within 5 business days of receipt of shipment. We may request pictures and/or written documentation of the damaged product for claim purposes. The receiver must hold on to the damaged product for carrier inspection or pick up. If receiving a pallet, it is the receiver's responsibility to make sure the driver is not released until all cartons are counted and examined. Please immediately notify the driver of any damage or missing pieces and make sure you receive a copy of the notation.

Warranty

Kemp USA warranties all of our products for one (1) year, from the date of receipt, against manufacturer defects. This limited liability warranty will not cover misuse, abuse, negelect, or normal wear and tear.

Payment Terms & Conditions

All new customers begin on a prepay basis, unless otherwise negotiated. Please remit check payments to:

Kemp USA

1900 Bancroft St

Charlotte, NC 28206

Kemp USA reserves the right to use a third party collection agency to recover payments on accounts that are 30 days or more overdue. Accounts not paid within terms are subject to a 1% monthly finance charge. All images provided by Kemp USA arefor the sole purpose of promoting and selling the Kemp USA brand. Any other use of the images provided by Kemp USA will not be authorized and can result in a permanently deactivated account.

Intellectual Property Rights

Other than the content you own, under these Terms, Kemp USA and/or its licensors own all the intellectual property rights and materials contained in this Website. You are granted limited license only for purposes of viewing the material contained on this Website.

Restrictions

You are specifically restricted from all of the following:

• publishing any Website material in any other media;
• selling, sublicensing and/or otherwise commercializing any Website material;
• publicly performing and/or showing any Website material;
• using this Website in any way that is or may be damaging to this Website;
• using this Website in any way that impacts user access to this Website;
• using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
• engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
• using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and Kemp USA may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Kemp USA a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party's rights. Kemp USA reserves the right to remove any of Your Content from this Website at any time without notice.

No warranties

This Website is provided “as is,” with all faults, and Kemp USA express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

Limitation of liability

In no event shall Kemp USA, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.  Kemp USA, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Indemnification

You hereby indemnify to the fullest extent Kemp USA from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

Kemp USA is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Assignment

Kemp USA is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between Kemp USA and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of North Carolina, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Country for the resolution of any disputes.