Policies & Warranties
KOCH INDUSTRIES, INC. WILL ACCEPT THE RETURN OF PRODUCT FOR CREDIT ONLY AND UPON PRESENTMENT BY THE ORIGINAL CUSTOMER OF A VALID RECEIPT WHEN THE CUSTOMER HAS BEEN OFFICIALLY AUTHORIZED IN WRITING BY KOCH INDUSTRIES, INC.’S CUSTOMER SERVICE DEPARTMENT.
All returned items will be subject to inspection, must be of current design and finish and must be in a resaleable condition upon receipt at the return location designated by Koch Industries, Inc. Special Order Items, items not normally carried in stock or specially packaged items, are non-returnable. Only full packs in the original packaging are returnable. Items price-ticketed or otherwise marked are also non-returnable. Koch Industries, Inc. reserves the right to establish a minimum dollar return amount and to decline a requested Returned Goods Authorization for any reason, in its sole discretion, at any time, with or without notice. Proof of purchase by original customer must be established on all returned items. Koch Industries, Inc. may reject returns not received by Koch Industries, Inc. within Ninety (90) days after Koch Industries, Inc.’s original invoice date for the items to be returned. The price shown on the Request for Return must coincide with the original invoice price. Koch Industries, Inc.’s Order Number and Invoice Number are to be furnished at the time of all requests for return to expedite the processing of Return Goods Authorization forms. Upon proper authorization, all returns must be shipped to the designated location, freight prepaid and allowed, FOB destination. Collect shipments of returned items may be rejected by Koch Industries, Inc. at Koch Industries, Inc.’s sole discretion. The Returned Goods Authorization shall be valid for Thirty (30) days from date of issue. A 20% restocking charge shall apply to all returned merchandise in addition to any out-bound freight costs. Each return shipment of items received by Koch Industries, Inc. that is not within the strict guidelines of this policy (e.g., non-Koch items and/or items not in resaleable condition) may be subject to a minimum $50 handling/inspection charge, in addition to out-bound freight charges.
In addition to the terms and conditions of the Koch Industries, Inc. Limited Warranty provided below, Koch Industries, Inc. assumes no responsibility for the use or misapplication of any of its products. Products are provided with the express understanding that the purchaser or user, are thoroughly familiar with the correct application and use.
Koch Industries, Inc. warrants to the original purchaser (“You” or “Customer”) that its products will not be defective at the time of shipment by Koch Industries, Inc. If You believe You have a warranty claim, You must notify Koch Industries, Inc. of the defect within Ten (10) days after the alleged defect is discovered or should have been discovered with reasonable diligence, request a Return of Goods Authorization from Koch Industries, Inc.’s Customer Service Department and return the products to Koch Industries, Inc., freight and insurance prepaid, along with proof of purchase and a description of the claimed defect. Defective product must be received by Koch Industries, Inc. within Ninety (90) days after Koch Industries, Inc.’s original invoice date for the product to be properly returned by You. The products may be inspected, and if found defective, shall (at Koch Industries, Inc.’s sole option) be repaired, replaced or the purchase price refunded. Return freight within the United States on products covered by this Limited Warranty will be returned at no charge to You at your return address unless You specify otherwise in writing. If warranty coverage is not applicable, the products will be returned to You at your expense, and You may be subject to a minimum $50 handling/inspection charge. THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY IS, AT KOCH INDUSTRIES INC.’S SOLE OPTION, PRODUCT REPLACEMENT, REPAIR OR REFUND OF THE PURCHASE PRICE. NO WARRANTY OTHER THAN THIS LIMITED WARRANTY IS MADE, AND THE PRODUCTS ARE OTHERWISE SOLD ON AN “AS-IS” BASIS WITH NO OTHER EXPRESS OR IMPLIED WARRANTIES. ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, MERCHANTIBLE QUALITY, SATISFACTORY QUALITY, DURABILITY, OR OTHERWISE ARISING FROM A STATUTE AND/OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT OF THE LAW. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF SUCH REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, GUARANTEES, CONDITIONS OR LIABILITY FOR THEIR BREACH.
A. THE ABOVE EXCLUSIVE LIMITED REMEDY shall not be deemed to have failed of its essential purpose so long as Koch Industries, Inc. is willing and able to replace or repair defects in the manner prescribed in the Limited Warranty. IF THIS EXCLUSIVE REMEDY is, for whatever reason, DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, the liability of Koch Industries, Inc. shall not exceed the price of the product(s) upon which such liability is based, whether arising out of contract, negligence, strict tort, or under any warranty, or other legal theory. The Limitation of Liability Section is agreed to by Purchaser/Customer as part of the consideration for the low price of the product(s).
B. TIME LIMITATIONS ON COMMENCING LEGAL ACTION: Where allowed by law, any action for damages whether based on breach of contract, breach of warranty, tort, strict liability, or any other action otherwise arising out of the sale of any product(s), or the Limited Warranty, MUST BE COMMENCED WITHIN ONE (1) YEAR FROM DATE THE RIGHT, CLAIM, DEMAND, OR CAUSE OF ACTION SHALL FIRST ACCRUE, OR BE FOREVER BARRED BY WAIVER.
C. JURISDICTION: Purchaser agrees to submit to the jurisdiction of the state of Minnesota, and any lawsuit pertaining to this Limited Warranty, shall be venued only in a court of competent jurisdiction of the State of Minnesota. Purchaser agrees that the Secretary of State for the State of Minnesota will automatically be its agent for service of process with respect to such lawsuit, and that service of process upon the Secretary of State shall be deemed to be proper service of process upon Purchaser. Minnesota law shall govern any and all disputes hereunder, without regard to conflict and/or choice of law principles. Both/all parties hereby expressly and forever waive their right(s) to a jury trial in any lawsuit, if any rights they may possess.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KOCH INDUSTRIES, INC. OR ITS SUPPLIERS BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES OR INJURY, LOSS OF BUSINESS PROFITS, ADMINISTRATIVE COSTS, PROFESSIONAL FEES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS CAUSED BY DEFECT, FAILURE OR OTHERWISE, WHETHER ARISING UNDER WARRANTY, CONTRACT, NEGLIGENCE OR OTHERWISE, INCLUDING IF KOCH INDUSTRIES, INC. AND/OR ITS SUPPLIERS HAS OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KOCH INDUSTRIES, INC.’S LIABILITY UNDER ANY CAUSE OF ACTION RELATING TO ANY PRODUCT EXCEED THE PURCHASE PRICE OF SUCH PRODUCT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVER LIMITATION MAY NOT APPLY TO YOU.
The terms set forth in the sections above are agreed upon allocations of risk and cost of the product(s) based on the terms of each sale of product by Koch Industries, Inc. Such terms constitute the entire agreement of the parties with respect to this subject matter, are deemed accepted upon any product order placed with Koch Industries, Inc. and shall prevail over any contrary, additional or different terms not agreed to by an executive of Koch Industries, Inc. in a signed, non-preprinted document. Should any provision of the foregoing Koch Industries, Inc. Return Policy, Limited Warranty and/or Limitation of Liability are held to be invalid, inoperative or unenforceable, such circumstances shall not affect the validity or enforceability of any other provision of the foregoing Koch Industries, Inc. Return Policy, Limited Warranty and/or Limitation of Liability. The balance of the foregoing Koch Industries, Inc. Return Policy, Limited Warranty and/or Limitation of Liability not so affected shall remain in full force and effect, and such invalid, inoperative or unenforceable provision shall be reformed so that it is valid, operative and enforceable, to the maximum extent permitted by law.
This Limited Warranty is governed by and construed in accordance with the laws of Minnesota, U.S.A., except for any body of law governing conflicts of law. The parties to this Limited Warranty (together the “Parties” and individually a “Party”) agree that the United Nations Convention on Contracts for the International Sale of Goods is hereby specifically excluded in its entirety from application to the Limited Warranty.
All disagreements and disputes arising out of or in connection with this Limited Warranty shall be fully and finally settled by arbitration. The decision of the arbitrator shall be final and binding upon the Parties (save in the case of manifest error). The award of the arbitrator shall be made in writing and set forth the reasons for the decision. Unless otherwise prohibited by law in Customer’s jurisdiction, the arbitration shall be: (i) held in Minneapolis, Minnesota, U.S.A.; (ii) conducted under Minnesota law; (iii) conducted in the English language; (iv) settled under the Commercial Rules of the American Arbitration Association; and (v) heard by one arbitrator appointed in accordance with said Rules. No dispute between the Parties, or involving any person or entity except You, the single individual Customer claiming hereunder, may be joined or combined together with any other customers or claimants or Parties, without the prior written consent of Koch Industries, Inc.