Terms & Conditions

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Written by Sarah Musselman
Monday, 08 February 2010 10:09

KLEERBLUE/SBD Terms & Conditions
The use of the KleerBlue.com web site (this "Web site") and the sale of products and services offered on this Web site are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies and terms and conditions of sale appearing on this Web site under "Terms and Conditions". Your use of this Web site in any manner, whether browsing, activating an account with us or making a purchase, constitutes your acknowledgment that you have read the Terms and Conditions and that you agree to follow and be bound by them. KLEERBLUE/SBD, Inc. reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Therefore, we recommend that you please read them carefully each time you use this Web site.

USAGE RESTRICTIONS
You may access and view the Content (as defined below) appearing on this Web site for personal, non-commercial use only. You may download and/or copy certain portions of the Content for personal, non-commercial use only, provided that you (a) retain all copyright, trademark or other proprietary notices contained on the Content, (b) do not modify or alter the Content in any way and (c) do not make the Content available to any third party. KLEERBLUE/SBD, Inc. reserves complete title and full intellectual property rights in any Content that you download from this Web site.

You agree to use this Web site only for lawful purposes. The following activities are strictly prohibited: (i) misrepresenting the identity of a user; (ii) tampering with this Web site; and (iii) conducting fraudulent activities.

PROPRIETARY RIGHTS
The KLEERBLUE/SBD, Inc. logos and trademarks, as well as other marks, trade names, trademarks and logos on this Web site, are the properties of their respective owners. You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of the owner.

The entire contents of this Web site, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information and software (collectively, "Content") are subject to copyright, trademark, or other proprietary rights or licenses held by KLEERBLUE/SBD, Inc. or a KLEERBLUE/SBD, Inc. affiliate or by third parties who have licensed their rights to KLEERBLUE/SBD, Inc. Except as provided above, you may not make copy, modify or create derivative works of the Content. In addition, you may not distribute, publish, transmit, reuse, repost, "and frame" the Content in any manner or sell or attempt to sell the Content.

Submissions to www.KleerBlue.com and Affiliated Servers Any remarks, suggestions, ideas, messages and data submitted by you to KLEERBLUE/SBD, Inc. through this Web site or other KLEERBLUE/SBD, Inc.-affiliated web sites (collectively, the "Messages") shall be and remain the exclusive property of KLEERBLUE/SBD, Inc. Therefore, KLEERBLUE/SBD, Inc. discourages you from submitting Messages that you do not wish to assign to KLEERBLUE/SBD, Inc., including confidential information or any original creative materials such as product ideas or original works. You represent and warrant to KLEERBLUE/SBD, Inc., and accept responsibility for, the accuracy, appropriateness and legality of the Messages. Your submission of such Messages shall constitute an assignment to KLEERBLUE/SBD, Inc. of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the Messages. KLEERBLUE/SBD, Inc. is entitled to use, copy modify, disclose, distribute and make derivative use of any of the Messages for any purpose without restriction or compensation in any way to you.

MODIFICATION OF CONTENT
KLEERBLUE/SBD, Inc. attempts to ensure that the Content on this Web site is complete and current. As indicated in the DISCLAIMERS set forth below, KLEERBLUE/SBD, Inc. does not guarantee that the information contained on this Web site will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. KLEERBLUE/SBD, Inc. reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Further, KLEERBLUE/SBD, Inc. reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, KLEERBLUE/SBD, Inc. shall promptly issue a credit to your credit card. If you are otherwise unsatisfied with your purchase, you may return it to KLEERBLUE/SBD, Inc. in accordance with our Return/Cancellation Policy.

DISCLAIMERS
ALL CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ADVICE THAT MAY BE GIVEN TO YOU OVER THIS WEBSITE, ARE PROVIDED "AS IS" AND ALL USE OF THIS WEBSITE IS AT YOUR OWN RISK. KLEERBLUE/SBD, INC. DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF KLEERBLUE/SBD, INC., WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS WEBSITE AND ANY CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT KLEERBLUE/SBD, INC. DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS. KLEERBLUE/SBD, INC. DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS WEBSITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS WEBSITE. KLEERBLUE/SBD, INC. DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.

KLEERBLUE/SBD, Inc. reserves the right to refuse or cancel any orders placed for products and/or services for which the sale or use of such products and/or services in your state is restricted or prohibited.

To properly serve all customers, KLEERBLUE/SBD, Inc. reserves the right to limit quantities KLEERBLUE/SBD, Inc. further reserves the right to cancel multiple orders of this item purchased by the same KleerBlue.com user and/or shipped to the same delivery address.

KLEERBLUE/SBD, Inc. may display advertising prints for products sold through this Web site. KLEERBLUE/SBD, Inc. attempts to display the colors of the products shown on this Web site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of color depends, in part, upon the type of computer monitor used by you.

LIMITATION OF LIABILITY
IN NO EVENT SHALL KLEERBLUE/SBD, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEB SITE OR ANY CONTENT ON THIS WEB SITE, EVEN IF KLEERBLUE/SBD, INC. OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEB SITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEB SITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN KLEERBLUE/SBD, INC. TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

ENFORCEMENT
By accessing and using this Web site, you agree that your access and use of this Web site is subject to the Terms and Conditions, and all applicable laws, as governed by the laws of the State of Indiana, without giving effect to any principles or conflicts of laws.

Links to Third Party Web sites
This Web site may contain links to other sites that are neither owned nor operated by KLEERBLUE/SBD, Inc. (although some such sites may have an affiliation with KLEERBLUE/SBD, Inc.) (collectively, "Third Party Sites"). Such links are provided for your convenience only. KLEERBLUE/SBD, Inc. makes no representations whatsoever about any Third Party Sites which you may access through this Web site, as KLEERBLUE/SBD, Inc. has no control over the content appearing on such Third Party Sites. Moreover, a link to a Third Party Site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content on, or the use of, such Third Party Site. No rights to use or copy the information on this Web site or the Third Party Site is granted or implied. Please Note: The privacy policies applicable to Third party Sites may differ significantly from KLEERBLUE/SBD, Inc. Privacy Policy. You are encouraged to review the applicable privacy policies of such Third Party Sites.

MISCELLANEOUS
The Terms and Conditions constitute the entire agreement between you and KLEERBLUE/SBD, Inc. with respect to this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and KLEERBLUE/SBD, Inc. with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by KLEERBLUE/SBD, Inc. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.

KLEERBLUE/SBD Privacy Policy

Because we value our customers and the trust that you place in KLEERBLUE/SBD, we want to make sure that you understand what information we gather about you when you visit this Web site, how we use that information, and the safeguards we have in place to protect that information.

We will update this Privacy Policy statement if elements of our policy materially change. If you are concerned about how your personal information is used, please visit our Web site often for this and other important announcements from KleerBlue.com.

How does KleerBlue.com ensure that your information is secure?
KleerBlue.com will maintain practices and procedures designed to ensure the security, integrity and confidentiality of customer information. We restrict and limit access to customer information only to those employees who need it to carry out their business functions, and educate our employees about safeguarding customer information and preventing its unauthorized access, disclosure, or use. When you use a credit card to make a purchase at KleerBlue.com, we use Secure Socket Layer encryption (SSL) to encrypt your personal information, including your credit card number, before it travels over the Internet. SSL technology is the industry standard for secure online transactions. Making a credit card purchase online at KleerBlue.com is just as safe as making a credit card purchase over the telephone. But if you would prefer to use the phone, just call 1-800-320-2122, and one of our customer service associates will gladly take your order. KleerBlue.com will monitor and adopt, as appropriate, new technological improvements that are designed to aid in ensuring the accuracy and security of customer information.

What type of information does KleerBlue.com collect online?
General Browsing: KleerBlue.com gathers navigational information about where visitors go on our Web site and information about the technical efficiencies of our Web site and services (i.e., time to connect to our Web site, time to download pages, etc.). This information allows us to see which areas of our Web site are most visited and helps us better understand our visitors' experiences at KleerBlue.com. With the navigational information, we can improve the quality of our Web site by recognizing and delivering more of the features, areas and services our visitors prefer. In the process of gathering navigational information, non-personally identifiable information (for example, domain type, browser version, service provider and IP address) may be collected.

Collection of Personal Information: We may ask you to voluntarily provide information in a few circumstances. When you purchase items from KleerBlue.com, we will ask you to voluntarily provide certain personally identifiable information, such as, your name, address, telephone number, e-mail address, and credit card number. We need this information to process and fulfill your order and notify you of order status. Other examples of when we may ask you to voluntarily provide personally identifiable information include if you choose to use or participate in one our various services, promotions, programs, surveys, or clubs, we may collect additional information. From your transactions and other interactions with us, we obtain information concerning the specific produces or services you purchase or use.

To ensure compliance with federal law, KleerBlue.com does not maintain information provided by children under the age of 13.

Does KleerBlue.com Use Cookies and other technology?
A "cookie" is a small data file stored by your web browser on your computer's hard drive. Cookies assign a unique identification to your computer. This allows us to recognize who you are when you arrive at our site by associating the identification numbers in the cookie with other information you as a customer have provided us.

In order to register on or order products from our site, your browser must be set to accept cookies. We use cookies to track the items you place in your shopping cart and pages you visit. You must enable cookies on your web browser for KleerBlue.com to function correctly. Cookies allow us to understand how you clicked to our site and what pages you click on during your visit to our site. Cookies assist us in tracking which of our features you like best. They also enable us to customize our content according to your preferences.

If you are concerned about information contained in your KleerBlue.com cookie, you may delete the file(s) at the end of each browser session. View your browser's help file for more information on cookies. The only personal information our cookie can contain is information you supply yourself. Our cookies cannot read data from your computer.

How does KleerBlue.com use the information collected online?
The information we collect online is added to the KleerBlue.com database and is primarily used to deliver services and information about our products to you. In addition, we may also use the information you provide at this Web site to allow you to access the member portions of our Web site, or to enable you to receive other membership benefits. We use the information we collect for various purposes, including:

to complete your purchase transactions;
to provide the services you request;
to send you our catalogs and other offerings through the mail;
to contact you about the status of your orders; to identify your product and service preferences, so that you can be informed of new or additional products, services, and promotions that might be of interest to you;
to improve our merchandise selections, customer service, and overall customer shopping experience.
If you do not wish to receive e-mails about special offers, new products, contests and other promotions from KleerBlue.com, or if you do not wish to receive other marketing materials from us by regular mail, please call us at 1-800-320-2122.

In certain circumstances, KleerBlue.com may share your customer information with trusted service providers that need access to your information to provide operational or other support services. To ensure the confidentiality and security of your information, service providers must agree to safeguard your information in strict compliance with the policy.

We also may provide information to regulatory authorities and law enforcement officials in accordance with applicable law or when we otherwise believe in good faith that the law requires it.

INTERNATIONAL VISITORS
If you are visiting KleerBlue.com from a location outside of the U.S., your connection will be through and to servers located in the U.S. All information you receive from KleerBlue.com will be created on servers located in the U.S. and all information about you will be maintained in Web servers and internal systems located within the U.S.

LINKS
For your convenience, our Web site may contain links to other Web sites. KleerBlue.com is not responsible for the privacy practices, advertising, products or the content of such Web sites. None of the links that appear on KleerBlue.com should be deemed to imply that KleerBlue.com endorses or has any affiliation with the linked Web sites.

SECURITY STATEMENT
KleerBlue.com has implemented the following security measures to protect the information we have collected at our Web site: we store your personal information in databases that use firewall protection; we limit access to your personal information to select employees and third party service providers with a valid business need for the information; and we hold our employees and third party service providers responsible for upholding our privacy standards. We use industry standard Secure Socket layer software (SSL) to encrypt your personal and credit card information during the order checkout process.

You can tell that you are in secure mode by the following:
• the “http” in the web address will be replaced by “https”
• depending on the browser, you will see either a padlock (Microsoft Internet Explorer, AOL, Netscape Communicator) or a solid key (Netscape Navigator) in the lower section of the browser window. Most browsers also offer additional security alerts as well.

If you still don't want to use your credit card on the Internet, no problem. Just call 1-800-320-2122 and one of our Customer Service representatives will gladly take your order over the phone.

Applicability:
This Privacy Policy applies only to the information collected online by KLEERBLUE/SBD, Inc.

Contact Us:
If you have additional questions or would like more information on this topic, please feel free to contact us by phone at 1-800-320-2122 or by mail at:
Customer Service
KLEERBLUE/SBD, Inc.
2515 Charleston Place
Fort Wayne, IN 46808

ORDERING METHODS
1. Order On-line: Using a Credit Card with our Secure On-line Catalog. This Catalog includes the entire line of KLEERBLUE/SBD, Inc. products, many items not found in our current printed catalog and Service/Repair parts for your equipment. Prior to ordering you may discuss any questions with a Customer Support agent. You may order any item shown on our web site through our Secure On-line ordering system.

2. Telephone Orders: USA & Canadian Customers Call Toll Free at 1-800-320-2122.Customer Service Representatives are available 8:00 am to 5:00 pm Monday through Friday (Eastern Standard Time).

3. FAX Orders: 1-260-484-9230, 365 days a years, 24 hours a day.

4. International Orders: Please phone us at 260-484-0382 FAX to 260-484-9230

5. Mail Orders: Send your order to us with Check, Money Order or Credit Card Number and Expiration date. (Do not send cash) Our Ordering Address is...
KLEERBLUE/SBD, Inc.
2515 Charleston Place
Fort Wayne, IN 46808
Attention: Customer Service Department

Available Shipping Methods
All shipping available on-line is ground service.

Ground Services Offered
KLEERBLUE/SBD offers 2 choices of Ground Service. Your order should arrive within 7-10 business days from the time of shipment.

United Parcel Service - We must have a street address for this service. You will receive your items within 5-7 days.
Common Carrier - We need the street address for this service. Freight charges may not be known at the time for shipment. Next-Day or 2-Day Service If you’re in a hurry we offer Next-Day and 2-Day delivery service for an additional charge Note: Flammables and Hazardous materials cannot be shipped
Next-Day, 2-Day or outside the USA. This includes spray cans, paints and adhesives.

Freight/Truck Shipments for Oversized and Heavy Orders
Some of the items we offer have special shipping charges due to their heavy weight and/or large size. Generally, these orders are delivered by a common carrier and are not available for Next-Day or 2-Day delivery service. For these shipments we must have a daytime telephone number for the Freight Company to contact you for delivery arrangements.
Note: The freight company is only responsible for delivery to the tail of the truck. We highly recommend that you make arrangements to have at least 2 people to unload freight delivered by truck.

Call Customer Service at 1-800-320-2122 for detailed information and to place expedited orders.

Orders to Destinations Outside the USA
We serve customers outside the USA, but currently those orders cannot be placed online. Please call 260-484-0382 e-mail us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it about shipping charges and delivery times at which time we can place your order.

RETURNING MERCHANDISE
In the event your merchandise is damaged during its delivery, complete the following steps.
Retain all packing material, cartons, and products form the delivery in the condition they were received.
Contact the delivery carrier and request an inspection within 15 days from receipt.
Call our Customer Service Department at 1-800-320-2122 for further assistance.

Returns Process
Goods may be returned with Seller’s written permission. If authorized for return, transportation charges must be prepaid by Buyer unless otherwise noted by Seller in the authorization to return goods. All goods authorized for return are subject to Seller’s inspection and acceptance, and a handling charge equal to 15% of the purchase price of the goods will be assessed, unless otherwise noted in Seller’s authorization to return said goods.

Returns must have your full name, address, and account number as well as the R.M.A. (Return Merchandise Authorization) Number given to you by our Customer Service Representative. Please call 1-800-320-2122.

We recommend that you ship using an insured method. (i.e. Fed-X Ground, UPS or Insured Parcel Post) We cannot replace or refund items that have been lost by the returning carrier. Refunds will be credited to the original payment method as quickly as possible after receipt of the return. If the item you are returning is too large or heavy to ship by Fed-X Ground, UPS or Insured Parcel Post, please contact us for advice prior to returning that item.

Also, we ask that you include with the item...

A copy of the original invoice and order number.
The full name and address of the person who placed the order.
Your instructions.
We would appreciate knowing why you are returning the item. Listening to our Customers helps use maintain our high quality standards and service.

CANCELLATION PROCESS
Orders are processed immediately. Once an order has been processed, we are unable to cancel the order. However, once you receive the merchandise, you can simply return it by following the instructions above. To find out if your order has been processed, you can check your order online or contact customer service.

If you provided an email address at the time of purchase, you would have been sent a confirmation message that contained a link to check the status of your order. To check on-line, click on that link provided. Orders with a status of "Shipped" cannot be cancelled. When the status changes from Processing to Shipped it means that the delivery company has taken possession of the merchandise.

To contact Customer Service call 1-800-320-2122.

SALES TAX CHARGES
Why we charge Sales Tax: Because of our direct selling activities, we are required by State laws to collect sales tax according to the applicable rate in the area where the delivery is made. For example; Indiana residents have a 6% sales tax added to their orders. All pricing is US dollars and taxes are calculated automatically.

PRODUCT IDEA SUBMISSION POLICY
KLEERBLUE/SBD welcomes your product ideas or suggestions. Our staff is constantly working on new product development and product enhancements. Unless otherwise agreed to in writing all suggestions and product ideas submitted to KLEERBLUE/SBD become the property of KLEERBLUE/SBD. No compensation is paid for product ideas or suggestions.

OTHER IMPORTANT INFORMATION

The prices listed on the KLEERBLUE/SBD, Inc. website are subject to change without notice. The information presented at the KLEERBLUE/SBD, Inc. website does not constitute an offer to sell the items described at the listed prices.

The information is presented without prejudice to the rights of KLEERBLUE/SBD, Inc. to alter or modify sales terms including specifications and price.

No information or statements set forth on the KLEERBLUE/SBD, Inc. website constitute or create a contract of sale or warranty of the goods described.

No part of this electronic publication may be reproduced or retransmitted without written permission of KLEERBLUE/SBD, Inc. Any use or sale for profit is strictly prohibited. Personal Injury or property damage may result if used with non-KLEERBLUE/SBD brand machinery. Personal injury or property damage may result if used with non-KLEERBLUE/SBD brand service parts, accessories, or brand products are mounted on or used with KLEERBLUE/SBD brand equipment.

In the event of either of the above actions, KLEERBLUE/SBD disclaims all liability & excludes all warranties of merchantability & fitness for particular purpose. If your order has not been previously acknowledged, this shall constitute an acknowledgement and the following terms and conditions shall apply:

Buyer’s order is accepted and shipped on the condition that the terms and conditions set forth herein and/or any special attachments hereto shall apply and shall constitute the entire agreement between the parties. Said terms and conditions may not be varied, and no modification or addition to them shall be of any force or effect, unless made by or specifically accepted by the Seller in writing. Acceptance of Buyer’s orders which contain conditions of purchase printed thereon will not be binding upon Seller unless specifically agreed to in writing by Seller. If any conflict exists between the terms and conditions herein set forth and those in Buyer’s order, the terms and conditions herein stated shall govern.

All quotations, orders, shipment dates, and/or agreements are contingent upon strikes, lockout, work stoppages, war, riot, terrorism, availability of materials, fire, accident, natural disasters, or any other cause beyond Seller’s control. Seller shall have no liability for any delay, failure to deliver, loss or damage, which might result therefrom.

Time for delivery shall not be the essence of the agreement. Seller will make best efforts to meet stated shipment or delivery dates, but shall not be liable for any loss or damages resulting from delay, howsoever caused or occasioned.
All orders are subject to a minimum net invoice billing of $5.00 exclusive of non-product charges such as postage or freight, taxes, etc., unless stated to the contrary on the face hereof. Net 15 days from invoice date.

Catalog prices are subject to change without notice. In the event that deliveries are deferred or delayed by the Buyer, the Seller reserves the right to make such deliveries at the price or prices in effect on the day of shipment, irrespective of the price or prices originally acknowledged or stated hereon.

Unless stated to the contrary on the face hereof, all goods furnished hereunder will be shipped F.O.B point of shipment, and title and risk in the goods shall pass to the Buyer upon Seller’s delivery to the carrier at point of shipment.

Typographical and/or mathematical errors made by Seller in quotation, acknowledgments or invoices are subject to correction. To be allowable, any claim of error in quantity shipped shall be made by the Buyer in writing, within 10 days after receipt of the goods.

No goods may be returned without Seller’s written permission. If authorized for return, transportation charges must be prepaid by Buyer unless otherwise noted by Seller in the authorization to return goods. All goods authorized for return are subject to Seller’s inspection and acceptance, and a handling charge equal to 15% of the purchase price of the goods will be assessed, unless otherwise noted in Seller’s authorization to return said goods.

No cancellation, suspension, or variation of an order, accepted by the Seller shall be valid unless agreed to by seller in writing. In the event of such agreement, Seller reserves the right to assess cancellation or other charges to indemnify against all loss, including the profit on any part of an order that is canceled.

Buyer hereby agrees to indemnify and hold Seller safe and harmless against all loss or liability, either direct or indirect, and including all attorney fees for or on account of any claims, demands or suits for actual or alleged infringement of any letters of patent, copyrights or trademarks, either domestic or foreign, arising from the manufacture and/or sale of goods herein in accordance with patterns, designs, specifications, drawings, or directions or technical information of data furnished to Seller by the Buyer.

Quotations and all the terms and conditions above set forth, and any agreement or sale, between Buyer and Seller, shall be governed by and construed in accordance with the Laws of the State of Indiana.

Fair Labor Standards Act, KLEERBLUE/SBD certifies that products furnished hereunder have been or will be produced in compliance with the Fair Labor Standards Act, as amended, and regulations and orders of the United States Department of Labor issued thereunder. KLEERBLUE/SBD agrees that this statement may be considered as the written assurance contemplated by said act.

Tools, etc. Unless otherwise expressly provided, KLEERBLUE/SBD shall retain title to and possession of any models, patterns, dies, molds, jigs, fixtures, and tools made for or obtained for the furnishing of this order.

Buyers acceptance of any order based on this invoice shall evidence the acceptance by the Buyer of the terms and conditions of the face and reverse side of this invoice. By accepting the goods, the Buyer agrees to be bound thereby, notwithstanding any adverse or conflicting terms or conditions on Buyer’s purchase order. Any exceptions or changes must be in writing and signed by KLEERBLUE/SBD.

Orders are reviewed prior to final acceptance and shipment. We reserve the right to refuse any order. Promotional sales and other offers may not be combined, however you will always receive the best discount available for your order.