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WISHLIST
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.
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.
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.
Approved returns will be accepted for new, unused, resellable products in the original packaging within 30 days of order receipt. Shipping charges will need to be covered at the customer’s expense. A 15% restocking fee will incur for all orders. 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.
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.
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.
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.
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.
You are specifically restricted from all of the following:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
You have most likely seen the following warning on products purchased from us or other manufacturers, suppliers, and retailers.
This warning is required by a California law passed in 1986, formally known as the California Safe Drinking Water and Toxic Enforcement Act of 1986, or more commonly as "Proposition 65."
It is important to understand that this warning does not mean our products will necessarily cause cancer or reproductive harm. Furthermore, a Proposition 65 warning does not indicate that a product is in violation of any product-safety standards or requirements. The California government has clarified that “the fact that a product bears a Proposition 65 warning does not mean by itself that the product is unsafe.” The government also notes, “You could think of Proposition 65 more as a ‘right to know’ law than a pure product safety law” (see oehha.ca.gov).
While we believe our products are not harmful when used as designed, we provide this warning to comply with this specific California law, and for liability purposes.
Proposition 65 is a broad piece of legislation that applies to any company operating in California, selling products in California, or manufacturing products that may be sold in or brought into the state. It mandates that the Governor of California maintain and publish a list of chemicals known to cause cancer, birth defects, and/or other reproductive harm.
This list must be updated annually and currently includes over 900 chemicals. These include a wide variety of substances found in many everyday items, such as dyes, solvents, drugs, food additives, by-products of certain processes, pesticides, and tobacco products. The primary purpose of Proposition 65 is to ensure that the public is informed about their potential exposure to these chemicals.
Proposition 65 requires warnings to be placed on any product, packaging, or accompanying literature that contains, or may contain, any of the chemicals the California Air Resources Board considers harmful. As noted, many of the elements listed under Proposition 65 have been routinely used in everyday consumer items for years without any documented harm.
Under the law, a warning must be given if a listed chemical is merely present in a product, unless a business can demonstrate that the exposure it causes poses "no significant risk."
A Proposition 65 warning generally means a business has taken one of two paths:
Our Approach: Kemp USA has chosen to provide a warning based on our knowledge that one or more listed chemicals are present, without attempting to evaluate the exact level of exposure (especially since not all listed chemicals even have established exposure limit requirements). With Kemp USA products, actual exposure may be negligible or well within the “no significant risk” range. However, out of an abundance of caution, we have elected to provide the Proposition 65 warning as a “catch-all” blanket warning.
The financial penalties for not complying with Proposition 65 are substantial. Because of these potential penalties, and because there is no penalty for providing an unnecessary warning, Kemp USA —along with many other manufacturers —has elected to provide the Proposition 65 notice out of an abundance of caution to avoid potential liability.
Our products are sold nationwide. It would be extremely difficult and costly to track and determine exactly which products will ultimately be sold or brought into California. Therefore, to guarantee compliance with Proposition 65 requirements, we have decided to include these warnings on all our products, regardless of their origin or where they are purchased.
As an authorized retailer or reseller of Kemp USA products, you bear the legal responsibility of ensuring compliance with California's Proposition 65 regulations for your own sales channels. Under state law, you are required to clearly communicate and display the Prop 65 warning label to any of your customers located in, or shipping to, the State of California prior to the completion of their purchase.
