Conditions of Use

Terms and Conditions

This website www.kpaulindustrial.com (the “Site”) is being made available to you free-of-charge. The terms "you", "your", and "yours" refer to anyone accessing, viewing, browsing, visiting or using the Site.  The terms "KpaulIndustrial”, “Kpaul", "we", "us", and "our" refer to kpaulindustrial.com, KPaul Properties LLC, KPaul, Inc., its affiliates and subsidiaries.  We reserve the right to change the nature of this relationship at any time and to revise these Terms and Conditions as we see fit.  As such, you should check these Terms and Conditions periodically.  Changes will not apply to any orders we have already accepted unless required by law.  If you violate any of these Terms and Conditions you will have your access canceled and you may be permanently banned from accessing, viewing, browsing and using the Site.  Your accessing, viewing, browsing and/or using the Site after we post changes to these Terms and Conditions constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them. The date these Terms and Conditions were last updated. Can be found at the bottom of this page.

 

Entering the Site will constitute your acceptance of these Terms and Conditions.  If you do not agree to abide by these terms, please do not enter the Site.

About Us

This Site is operated by KPaul Properties, LLC and its subsidiaries.  Our company is incorporated in Indiana and our principal place of business is located at 5825 W. 74th Street Indianapolis, IN 46241, USA.

Copyrights This Site and the materials within it are copyrighted by the owners of this site.

Use License kpaulindustrial.com grants you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site.

Trademarks The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of kpaulindustrial.com and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. We aggressively enforce intellectual property rights to the fullest extent of the law.

Product Orders Kpaulindustrial.com offers products manufactured by third parties.  While we will use our best efforts to fulfill all orders, kpaulindustrial.com cannot guarantee the availability of any particular product displayed on this Site.  We reserve the right to discontinue the sale of any product listed on this Site at any time without notice.

The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.

While our goal is a 100% error-free Site, we do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. kpaulindustrial.com reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).

Links to Third Party Sites This Site may contain links to Sites owned or operated by parties other than Kpaulindustrial.com or its affiliates.  Such links are provided for your reference only. Kpaulindustrial.com does not control outside Sites and is not responsible for their content. Inclusion of links to an outside Site does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does inclusion of the links imply that any party is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site.

THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF KPAUL PROPERTIES LLC OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

NO WARRANTIES; EXCLUSION OF LIABILITY KPAULINDUSTRIAL.COM AND ITS AFFILIATES MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.KPAULINDUSTRIAL.COM AND ITS AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND -NON-INFRINGEMENT. NEITHER KPAULINDUSTRIAL.COM NOR ANY OF ITS AFFILIATES SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER KPAULINDUSTRIAL.COM, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

Prices and Availability of Products

Shipping Policy

International shipping costs will vary. Final shipping costs cannot be included in check-out price, but will be sent to the customer for confirmation prior to charging and shipment. PayPal is not an acceptable payment for international orders.

Price Policy

Prices and availability of products on the Site are subject to change without notice.  Errors will be corrected when discovered.  Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced. We will normally verify prices as part of our standard procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you.  If a product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.

Freight Policy

Delivery methods will include air or ground via UPS or FedEx, depending on the goods ordered and the location of buyer.  Timing from placement of order until shipment will typically not exceed 3 weeks.
Prices stated are F.O.B. origin, freight prepaid to destination specified in the order.  Receipts for shipping and handling charges will not be furnished.  COD shipments are not permitted.  Other terms and conditions may apply for other than standard ground delivery ("Other Freight Services"), including without limitation, expedited same day delivery, air freight, freight collect, export orders, hazardous materials, customer's carrier, shipments outside the contiguous U.S. or other special handling by the carrier.  Any charges incurred for Other Freight Services must be paid by customer.  Fuel surcharges may be applied.  Title and risk of loss pass to customer upon tender of shipment to the carrier.  If the product is damaged in transit, customer's only recourse is to file a claim with the carrier.

Payment and Credit Terms Kpaulindustrial.com accepts Visa, MasterCard, and American Express.  For customers with established credit, payment terms are net thirty (30) days from the date of shipment or pick-up.  All credit extended by Kpaulindustrial.com to customer and the limits of such credit, is at our sole discretion, and may be reduced or revoked at any time, for any reason.  KPaul Industrial reserves the right to charge a service fee for late payments at the rate of one and one-half percent (1-1/2%) of the amount due for each month or portion thereof that the amount due remains unpaid, or such amount as may be permitted under applicable law.  Anticipation and cash discounts are not allowed.  Export orders are subject to special export payment terms and conditions.  All payments must be made in U.S. dollars. Kpaulindustrial.com shall have the right of set-off and deduction for any sums owed by customer. 
Customer agrees to assume responsibility for, and customer hereby unconditionally guarantees payment of, as provided herein, all purchases made by customer, its subsidiaries and affiliates.  Each of customer’s subsidiaries and affiliates purchasing from Kpaulindustrial.com will be jointly and severally liable for purchases with customer, and customer is also acting as agent for such subsidiaries and affiliates.  
Independent Contractors Kpaulindustrial.com and customer are independent parties and not principal and agent.  Nothing contained in these terms and conditions shall be construed to create a partnership, dealership, reseller, agency, employment or joint venture relationship.  Customer will not have the right to bind or otherwise obligate Kpaulindustrial.com or any of its affiliated entities in any manner, nor will customer represent to anyone that it has the right to do so.

Force Majeure Kpaulindustrial.com shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of Kpaulindustrial.com  in the conduct of its business.
Assignment Customer shall not assign any order, or any interest therein, without the prior written consent.

Waiver, Choice of Law and Venue The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent non-performance of any such term or condition by the other party.  All transactions shall be governed by the laws of the State of Indiana, excluding its conflict of law rules, and venue shall either be in the state courts in Marion County, Indiana or the federal courts for the Southern District of Indiana.
Severability If any portion of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall be severed from these terms and conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.
Modification of Terms Kpaulindustrial.com’s acceptance of any order is subject to customer's assent to all of the terms and conditions set forth herein.  Customer’s assent to these terms and conditions shall be presumed from customer’s receipt of or from customer’s acceptance of all or any part of the products ordered.  No additions or modifications of these terms and conditions by customer shall be binding upon Kpaulindustrial.com or its affiliated entities unless agreed to in writing

Complete Agreement These terms and conditions, all terms on the website, and pricing and terms of payment and shipment on the website constitute the entire agreement between Kpaulindustrial.com and the customer.