[Kennco Manufacturing, Inc. | PO Box 1149 | Ruskin,
FL  33575 | 813-645-2591 or 800-645-2591 | Fax: 813-645-7801 | E-Mail: kenncomfg@aol.com]

Terms and Conditions of Sale

Price and Payment — Prices printed or quoted by Kennco do not include applicable sales or governmental imposed taxes. They are the amount to be paid by the purchaser in U.S. funds to Kennco at a time and location specified by Kennco. Unless there is a separate document permitting payment on account for goods purchased, payment in full for the entire shipment of goods is required before the purchaser receives them. Payment may be via check, MasterCard, Visa, or bank transfer. Payment is considered complete when the funds paid are collected in full at Kennco’s bank. Quotations are valid for 30 days only from the date on the signed page.

Title to Goods — Title to or ownership of goods occurs when they have been paid for, and when they have been loaded onto the truck for transportation to the purchaser. In the event that a shipment is COD (Collect on Delivery), title passes to the purchaser at the time payment is made.

Applicable Law — The laws of the state of Florida will prevail over any actions arising from an offer to sell.

Transportation — The customer is responsible to pay for transportation costs. In the event that Kennco has quoted transportation of the product to the customer using Kennco’s truck, that fee will be the transport cost. In the event that others provide transportation, the actual fees they charge will be the cost the customer will pay. Kennco may, in good faith, attempt to secure the best transportation service for customers at customer request, but is not liable in any way for insurance for damaged merchandise, actual cost of merchandise, or delays caused by outside transport companies.

Offer and Acceptance — Offers to sell are only valid if the value of the product is less than $29,000.00 and the offer is signed by an authorized agent for Kennco, OR if the value is greater than $29,000.00 and the offer is signed by the President, Vice President or Treasurer of the company. Once an offer is accepted, the buyer is bound to make payment and accept delivery afterwards. In the event that the buyer wishes to cancel any part of an order, the buyer will be required to pay for work produced prior to the time of cancellation. Typographical errors, or obvious errors in price, will be corrected at the earliest date noticed, and neither the customer nor Kennco will be responsible for unreasonable performance resulting therefrom.

Intended Use — The customer is responsible to determine the best-intended use of products described herein. IN THE EVENT OF ANY MISUNDERSTANDING BETWEEN KENNCO AND THE CUSTOMER, KENNCO’S ONLY OBLIGATION TO THE CUSTOMER WILL BE TO PROVIDE PRODUCT AT THE PRICES QUOTED. Kennco does not offer any product to perform at any standard rate or minimum level of customer satisfaction, or to be usable with a particular tractor horsepower. The customer assumes liability for all profits and costs he may incur as a result of using these products. The customer assumes all liability for rates of application of plastic, chemicals, fertilizer or human labor while using these products and holds Kennco harmless from all claims of lost profits or economic losses or environmental consequence as a result of using products provided herein described. The customer agrees that he either is currently trained in the use of these products or will secure sufficient training at his own expense.

Remedy — In the event of component failure, the customer understands that Kennco will provide an earnest good faith effort to replace defective manufactured components supplied to the customer by Kennco. Unless the failure is of a catastrophic nature requiring the immediate attention of Kennco specialists, the customer agrees to replace defective components without consideration for labor or downtime or nuisance or loss of product use. In the event of any other failure on the part of Kennco to provide satisfactory service to the customer, the customer agrees to first attempt to secure reasonable satisfaction from Kennco before pursuing any other course.

Product Safety — The customer understands that proper and safe use of the products described herein is the sole responsibility of the customer. The customer may request additional literature, warning placards or operation manuals, to the extent that they exist, at no charge from Kennco so long as the customer owns the product.

Warranty

Kennco equipment is warranted to be free from manufacturing defects for one year, with certain limitations.

If new equipment has an obvious defect in labor or materials, Kennco will replace or repair the defective components.

After the equipment has been used, any component part manufactured by Kennco is warranted to be free from defects for a period of one year. Component parts made by other manufacturers (such as pumps, engines, or batteries) carry the original manufacturer’s warranty. Kennco will assist you in making warranty claims, if necessary.

Kennco is not responsible for product failures due to misuse, neglect, or wear and tear. It is the purchaser’s responsibility to perform appropriate preventative maintenance to avoid premature failure or breakage.

Kennco pays shipping costs for warranty replacement parts. Labor or travel costs associated with installation of warranty replacement parts are NOT covered. In most cases, the customer will be asked to return the defective part to Kennco so that the problem can be thoroughly understood.

Kennco specifically denies liability for losses or incidental damages related to our products.

It is the purchaser’s responsibility to train machine operators and to instruct them in appropriate safety practices. It is the purchaser’s responsibility to keep guards and protective devices on the equipment at all times and to ensure that all warning guards and labels remain attached and legible. Kennco will provide replacement labels upon request at no charge.

Because usage, environmental, and soil conditions can substantially affect equipment performance, Kennco does not warranty any general performance, satisfaction, or profit claims, including statements that a particular tractor horsepower is sufficient for operation of a Kennco product.

If Kennco states that a product will perform certain specific functions in unit/time or unit/acre (such as gallons per hour or pounds per acre), that functionality is warranted. If a customer believes that a specific performance claim is not being met, Kennco will examine the equipment. If the equipment is not capable of performing as specified, Kennco will correct the problem under warranty. If the equipment performs as specified, or is not performing correctly due to actions of the customer, the customer is liable for Kennco’s cost to inspect and repair the equipment.

Customers with warranty claims should contact Kennco’s sales department as soon as the defect is discovered so that the problem can be corrected as quickly as possible.

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Copyright © Kennco Manufacturing, Inc., 2008         Last Update: January 13, 2003