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Terms and Conditions

By placing an order with Kernel Software, Inc., you agree to the following terms and conditions:

Pricing

The prices listed on this website are updated daily and are subject to change without notice.  While we take great care to ensure the accuracy of these prices, we cannot be held liable for any pricing errors.  The special, discounted prices listed on our eStore are good only for orders placed via eStore, e-mail, fax, or printed purchase order.

Availability

Product availability varies moment by moment and is not guaranteed. Kernel Software, Inc. cannot be held liable for delayed shipments.  You will be notified of any backorders as soon as possible.  Also, see Backorders.

Payment Terms

We accept purchase orders with net terms only from US commercial customers, government agencies, and educational institutions with a clear credit history or with approved credit terms.

Commercial and residential customers without net terms or a credit card must prepay via check or electronic funds transfer.  Contact us via e-mail for instructions on electronic funds transfers.  We accept Discover/Novus, MasterCard, and Visa credit cards.

If you intend to pay via credit card, the billing address on your order must match your credit card billing address and your shipping address.  If these addresses do not match, your order might be delayed or denied.  Please contact us for more information.  Also, see Shipping.

Credit card orders from international customers may take up to four business days or more for address verification.  Your credit card company will be contacted to verify your billing address.  Your order will be shipped only to your verified credit card billing address.  Your credit card company must be willing to contact you to confirm that you placed your order.

Shipping Cost

Shipping costs might include handling charges for small orders.  Costs are estimated based on the manufacturer's reported product weights, so we cannot guarantee the actual shipping cost.  Your billed shipping cost will depend on the actual size and weight of your shipment, the carrier service level you select, and the number of warehouses required to fulfill your order.

Customers picking up their orders at our location will be charged for shipping from the nearest warehouse to our location.  Credit-card, net-terms, and prepaid orders may be drop-shipped directly to your location with the shipping cost added to your order.   Unless specified, your order will ship from the nearest warehouse via ground freight.   Larger domestic orders might qualify for free ground shipping.

Shipping costs are standard rates for the carrier and service level you select.  If your order cannot be fulfilled from a single warehouse, your order might be shipped from multiple locations.  Such orders will incur slightly higher shipping costs.  If you are concerned about shipping costs on your order, please contact us via e-mail for product availability and a shipping estimate before placing your order.

Handling Fees

Please note that handling charges are automatically included in your estimated shipping cost.  Your invoice will show exact handling and freight costs.

Domestic Orders: Orders under $600.00 will be charged a $5 handling fee.  This fee is included in the estimated shipping cost.

International Orders: All international orders will be charged a minimum $25 export handling fee.  Import duties are the responsibility of the purchaser.  See the special instructions on our website for entering addresses for international orders.

Taxes

Residents of Wisconsin are charged appropriate state and county sales tax.  Residents of California, Massachusetts, and Tennessee are charged a portion of their state sales tax.  Residents of Washington are charged the Washington Gross Receipts Tax fee of 0.484 percent.  Residents of other states and countries are responsible for payment of their state and local taxes, if any.

Product Support

Kernel Software, Inc. provides limited product support.  Please contact the product's  manufacturer directly by telephone or by visiting their website.  If you do not know how to contact the manufacturer or the manufacturer does not fulfill your support request, please e-mail us for assistance.

Warranties

All products are supplied with their manufacturer's standard warranty.  No other warranties are express or implied.  Kernel Software, Inc. cannot be held liable for the performance of any manufacturer, product, or carrier.  For a complete legal statement, please see below.

Return Policy

No product may be returned without first obtaining a return authorization from Kernel Software, Inc.  Products returned without a return authorization will be refused.  Contact us via e-mail for a return authorization.  Do not ship COD; all COD shipments will be refused.

Certain defective products may be returned for credit within thirty days of shipment.  All defective products may be returned for replacement or repair at the manufacturer's discretion within the standard warranty period.  Non-defective products might not be able to be returned after they are opened.  Unopened products returned within 30 days of purchase might be assessed a 20% restocking fee.

If you suspect you either ordered or received the wrong product or if you simply want to return your order, do not open the retail packaging.  Software may not be returned after it is opened.

Your purchase price of products returned in original condition will be refunded via the same method of payment as selected on your order.  Shipping and handling charges are non-refundable for returns of non-defective items.

Cancellations

You may cancel your order without penalty for any reason at any time prior to shipment. Once your order ships, it is subject to the Return Policy.  Do not refuse your shipment without prior consent from us.  Certain refusals may result in the loss of your order with no credit given, a 20% restocking fee, or no refund on handling and shipping.

Order Acknowledgements

Acknowledgment of your order is made via e-mail, unless fax or US mail is requested. Order acknowledgements are sent business day afternoons, so you might not receive your order acknowledgement until the following business day.

Backorders

Item statuses are posted to your order on line.  Please visit our store to review your order's progress at any time.  We will automatically obtain estimated shipping dates for all backordered items and post those dates to your order.  Sometimes this takes a few days, so please be patient.

Hours of Operation

Our normal business hours are 9 AM to 6 PM except weekends and holidays.

Legal Statement

Exclusive Terms: All sales by Kernel Software, Inc. ("KSI") of its or any other manufacturer’s products ("Products") are governed exclusively by these terms and conditions, and acceptance hereof is expressly limited to these terms and conditions. Acceptance of Buyer’s purchase order is expressly made conditional upon Buyer’s assent to these terms and conditions. Any terms proposed by Buyer which add to, vary from, or conflict with these terms and conditions are hereby objected to and shall be void. If these terms and conditions differ in any way from the terms and conditions of Buyer’s purchase order, then this acknowledgement shall constitute a "counter-offer" and shall not be an acceptance of Buyer’s purchase order. Any conduct by Buyer that recognizes the existence of a contract or the acceptance by Buyer of any Products shall constitute Buyer’s acceptance of these terms and conditions.

Price and Delivery: Price and delivery terms are FOB origin unless stated otherwise on the invoice. Handling fees may be charged based on order size, complexity, or shipping method. Upon delivery of the Products to the carrier at the FOB point, title and risk of loss and damage to the Products shall pass to the Buyer. All prices are subject to change without notice. Prices will be those in effect at the time of shipment. KSI may make delivery in installments and receive payments for each installment. KSI will select a carrier and mode of shipment unless Buyer provides different instructions. All delivery dates are estimated. KSI shall not be liable for any direct, indirect, incidental, consequential, or other damages for KSI’s failure to fill, or delay or error in filling any order, or for any delay in delivery. Cancellation of order or return is subject to a charge of 20% of the total order amount. Within 10 days following delivery, any defective or non-conforming Products may be returned to KSI for repair or replacement pursuant to the Warranty section hereof, which shall be Buyer’s exclusive remedy for any delivery of defective or non-conforming Products.

Payment, Taxes, and Duties: Payment terms are stated on the invoice. KSI reserves the right to ship COD or freight-collect to Buyer. All overdue amounts shall bear a finance charge of one and one-half percent (1.5%) per month, or the maximum rate permitted by applicable law, whichever is less, until paid in full. $25.00 will be charged for checks returned for insufficient funds. Finance charges shall accrue on a daily basis. The prices for the Products do not include sales, use, property, value-added, or other taxes or charges not based on KSI’s net income, all of which shall be paid by Buyer. Where applicable, Buyer will provide KSI with an exemption certificate in form and substance satisfactory to the relevant taxing authorities.

Warranty: KSI does not warrant to Buyer that any Products sold, including software, will be free from defects in material and workmanship. All Products sold to Buyer by KSI are covered exclusively by the Product manufacturer’s warranty, if one exists. This warranty does not extend to any damage, defect, or malfunction caused by any abuse, misuse, unauthorized modification, abnormal or improper environmental conditions, damage during shipment, accident, or natural disaster. No employee or other person is authorized to expand or change this warranty and any such oral or written statement or representation will not bind KSI.

The above warranty is the only warranty of any kind provided by KSI, whether express or implied, and KSI expressly disclaims the implied warranties of merchantability and of fitness for particular purpose. All software is provided "as is" and without warranties of any kind. Please refer to the license agreement of the licenser of such software which exclusively governs all terms and conditions of the software’s use.

Exclusive Remedy: In the case of KSI’s breach of the above warranty (or any other duty, if any, with respect to the quality or performance of any Product), Buyer’s exclusive remedy, and KSI’s sole liability therefor, shall be, at KSI’s option, the repair or replacement, of any defective Product or return of the purchase price, less deduction for depreciation, damage, or obsolescence. A product repaired or replaced under this warranty will be warranted only for the remainder of the warranty period. Any return shall be to: Kernel Software, Inc., 308 Grand Avenue, Wausau, WI, 54403-6289. Before returning a Product, Buyer shall first obtain from KSI a return merchandise authorization number (RMA). Buyer shall attach a test report to each Product to be returned and ship the Product, freight prepaid, in its original shipping container, with the RMA clearly marked on the outside of the packaging. Buyer shall enclose the complete accessories such as documentation, cables, and software. Buyer shall bear the risk of loss or damage to the product during such shipment. Repair parts and replacement Product will be either reconditioned or new. If a Product is found not to be defective or the defect not covered by the warranty, Buyer will be responsible for the reasonable and necessary costs of KSI’s testing and repair at KSI’s then current rates. KSI accepts no liability with respect to any software or data contained in any Product or part returned to KSI for repair or replacement.

Buyer agrees that each of the liability limitations contained in the Limitation of Liability section shall remain in effect even if an exclusive remedy is determined to fail of its essential purpose.

Limitation of Liability: Under no circumstances shall KSI be liable for any special, indirect, incidental, punitive, or consequential damages, including, without limitation, lost profits, lost goodwill, and loss or impairment of data, software, or other goods, and whether arising out of breach of any express or implied warranty, breach of contract, tort (including negligence), strict product liability, or otherwise, even if advised of the possibility of such damage or if such damage could have reasonably been foreseen, except only in case of personal injury where and to the extent applicable law requires such liability.

Not withstanding any other provision hereof, in no event shall KSI’s total liability relating to or in connection with any Products whether based on contract, warranty, tort (including negligence), strict Product liability or otherwise, exceed the actual amount paid to KSI by Buyer for the Product(s) giving rise to the liability. In no event shall KSI be liable for the costs of procurement of substitute good or services.

Force Major: KSI shall not be liable for any failure to perform or delay in performing any of its obligations when such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, any natural catastrophe, fire, war, riot or civil unrest, strike, lockout or other labor disturbance, late or non-delivery by suppliers, shortage or unavailability of materials, components, or transportation facilities, assertion by a third party of an infringement claim, or any act, refusal to act, regulations, order, or intervention of any government authority.

Security Interest: Buyer hereby grants KSI a security interest in all Products delivered to Buyer thereunder and, upon KSI’s request, Buyer shall execute and deliver such financing statement or other documents as may be necessary to perfect such security interest.

General Provisions: These terms and conditions shall be governed by the laws of the State of Wisconsin, excluding conflict of law rules and principles. No delay or failure by KSI to enforce any of its rights shall be considered a waiver thereof. If any provision is held invalid or unenforceable, such provision shall be modified to minimum extent necessary to make it valid and enforceable, and the other provisions shall not be affected thereby. This agreement may only be amended by a document signed by both parties. KSI reserves the right to modify these terms and conditions with respect to future orders at any time.