Terms of service

WARRANTY AND LIMITATION OF LIABILITY

TERMS AND CONDITIONS

KDN Products LLC (“KDN” or “we” or “our” or “us”) provides this limited warranty to the original purchaser only (“you” or “your”) of those products and accessories offered by KDN (the “KDN Product”).  This limited warranty expressly terminates automatically upon transfer of the KDN Product by the original purchaser.

WHAT IS COVERED

KDN warrants to you that the KDN Product, when operated in accordance with the applicable Operating Instructions and/or Owner’s Manual, and subject to the exclusions below, will be free of defects in materials and workmanship for a period of twelve (12) months from the date of purchase (the “Warranty Period”), unless otherwise specified by KDN in writing.

WHAT IS NOT COVERED - WARRANTY EXCLUSIONS

This limited warranty does not extend to and expressly excludes:

• Normal wear and tear expected to occur during the normal course of use, including without limitation, cosmetic damage, scratches, dents or comparable and reasonably expected losses or damages.

• Loss or damage resulting from conditions beyond KDN’s control including without limitation, misuse, accident, abuse, neglect, negligence (other than KDN’s), unrelated mechanical or electrical activities, or modifications or alterations made by anyone other than KDN.

• Loss or damage resulting from your failure to use the KDN Product in compliance with the applicable Operating Instructions and/or Owner’s Manual.

Any improper use of the KDN Product shall void the warranty.

WHAT WE WILL DO TO CORRECT PROBLEMS

If a claim is covered under this limited warranty, KDN will at KDN’s sole option, (a) repair the defective portion of the KDN Product; (b) replace the entire KDN Product, or (c) issue a refund equal to the purchase price paid for the KDN Product or a credit to be used toward the purchase of a new KDN Product.  THE SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THIS LIMITED WARRANTY SHALL BE LIMITED TO REPAIR, CORRECTION OR REPLACEMENT OF THE KDN PRODUCT, OR REFUND OR CREDIT OF THE PURCHASE PRICE.

  

NO OTHER EXPRESS WARRANTY APPLIES

This limited warranty is the sole and exclusive warranty provided to original purchasers of a KDN Product purchased through KDN directly or through one of our authorized sellers.  This limited warranty is exclusive and makes no other warranties with respect to description or quality of the KDN Product.  No affirmation of fact or promise made by KDN, by words or action, shall constitute a warranty.  If any model or sample was shown to you, the model or sample was used merely to illustrate the general type and quality of the KDN Product and not to represent that the KDN Product would necessarily be of that type or nature. No KDN agent, employee, dealer, or representative or any third party is authorized to alter this limited warranty or bind KDN to any affirmation, representation or warranty concerning the KDN Product unless such alteration, affirmation, representation or warranty is specifically incorporated by written agreement. The terms of this limited warranty shall not be modified by the original owner, or their respective successors or assigns.

HOW TO CONTACT US

If you discover a non-compliance with your KDN Product that you believe is covered under this limited warranty, you must contact us within the Warranty Period by emailing: support@kdnproducts.com.  Alternatively, you may contact KDN in writing at the address provided below.  The KDN product must be shipped by owner to the address provided below, postage prepared and insured freight (optional).  

KDN Products LLC

3118 Captain Cade Road

Broussard, LA 70518

  In order for a warranty claim to be processed, a copy of the original sales receipt must be provided to KDN.  KDN will determine, in its sole and absolute discretion whether the claim is covered or subject to the limitations or exclusions described in this limited warranty. You may be asked to contact KDN’s local dealer for further instructions on how to obtain the remedies available to you under this limited warranty.  Repairs or modifications made to the KDN Product by anyone other than KDN will nullify this limited warranty. Coverage under this limited warranty is conditioned at all times upon the original purchaser’s compliance with these required notification and repair procedures.

LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KDN BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING ANY ECONOMIC LOSS, WHETHER RESULTING FROM NONPERFORMANCE, USE, MISUSE OR INABILITY TO USE ANY KDN PRODUCT OR KDN’S NEGLIGENCE.  KDN SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY DELAY IN PERFORMANCE AND IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, KDN PRODUCT LIMITED WARRANTY INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY,OTHER TORT OR OTHERWISE), SHALL KDN’S LIABILITY TO YOU EXCEED THE PRICE PAID BY YOU FOR THE KDN PRODUCT.  The term “consequential damages” shall include, but not be limited to, loss of anticipated profits, business interruption, loss of use or revenue, cost of capital or loss or damage to property or equipment. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE THAT MAY ARISE IN CONNECTION WITH THE SALE OF ANY KDN PRODUCT SHALL BE LIMITED IN DURATION TO THE WARRANTY PERIOD. WE DISCLAIM ALL OTHER IMPLIED WARRANTIES, UNLESS WE ARE PROHIBITED BY LAW FROM DOING SO, IN WHICH CASE ALL SUCH IMPLIED WARRANTIES SHALL EXPIRE AT THE EARLIEST TIME PERMITTED BY APPLICABLE LAW. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state or province to province.

CHANGING THESE TERMS AND CONDITIONS 

We may change the terms of, or add new terms to, these Terms and Conditions at any time, with or without notice, subject to applicable law.  Any notice given by us shall be deemed given when deposited in the United States mail, postage prepaid, addressed to you at the latest address shown on our records or when such notice is posted on our website. The most up-to-date Terms and Conditions may always be found at www.kdnproducts.com.

Assignment and Waiver: We may assign these Terms and Conditions to a third party at any time without notice to you. However, if we assign these Terms and Conditions, the terms will remain substantially and materially the same unless you are notified. Neither our failure to exercise any of our rights under these Terms and Conditions nor our delay in enforcing or exercising any of our rights shall constitute a waiver of such rights. If we waive any right under these Terms and Conditions on one occasion, such waiver shall not operate as a waiver as to any other occasion.

ARBITRATION

Agreement to Arbitrate Disputes:  This Arbitration Provision sets forth the circumstances and procedures under which Claims (defined below) that arise between you and KDN will be resolved through binding arbitration. This means that neither you nor we will have the right to litigate that Claim in court or have a jury trial on that Claim. Other rights that you would have in court also may not be available or may be limited in arbitration, including your right to appeal and your ability to participate in a class action. Nothing in this provision precludes you from filing and pursuing your individual Claim in a small claims court in your state or municipality, so long as that Claim is pending only in that court.

Definitions:  As used in this Arbitration Provision, the term “Claim” shall mean and include any claim, dispute or controversy of every kind and nature, whether based in law or equity, between you and KDN arising from or relating to any KDN Product or these Terms and Conditions, as well as any related or prior agreement that you may have had with us or the relationships resulting from any of the above agreements (“Agreements”), including the validity, enforceability or scope of this Arbitration Provision or the Agreements.  As used in this Arbitration Provision, “you” and “KDN” also include any corporate parent or wholly or majority owned subsidiaries, affiliates, any licensees, predecessors, successors, assigns, any purchaser of any accounts, all agents, employees, directors and representatives of any of the foregoing, and any third party using or providing any product, service or benefit in connection with any KDN Product.

Initiation of Arbitration Proceeding/Selection of Administrator:  Any Claim shall be resolved, upon the election by you or us, by arbitration pursuant to this Arbitration Provision and the code of procedures of the national arbitration organization to which the Claim is referred in effect at the time the Claim is filed (the “Code”), except to the extent the Code conflicts with this Agreement. Claims shall be referred to either JAMS (“JAMS”) or the American Arbitration Association (“AAA”), as selected by the party electing to use arbitration. If a selection by KDN of either of these organizations is unacceptable to you, you shall have the right within 30 days after you receive notice of our election to select the other organization listed to serve as arbitration administrator. For a copy of the procedures, to file a Claim or for other information about these organizations, contact (1) JAMS at 1920 Main Street, Suite 300, Irvine, CA, 92614; www.jamsadr.com or (2) AAA at 335 Madison Avenue, New York, NY 10017, www.adr.org. In addition to the arbitration organizations listed above, Claims may be referred to any other arbitration organization that is mutually agreed upon in writing by you and us, or to an arbitration organization or arbitrator(s) appointed pursuant to section 5 of the Federal Arbitration Act, 9 U.S.C. sections 1-16, provided that any such arbitration organization and arbitrator(s) will enforce the terms of the Restrictions on Arbitration provision set forth below.

Class Action Waiver and Other Restrictions:  Arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to Claims between you and KDN alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Terms and Conditions (including the “Continuation” provision below), and without waiving either party’s right of appeal, if any portion of this “Class Action Waiver and Other Restrictions” provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall not apply.

Arbitration Procedures:  This Arbitration Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. Sections 1-16, as it may be amended (“FAA”), and the applicable Code. The arbitrator shall apply applicable substantive law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law. Federal or state rules of civil procedure or evidence shall not apply. Written requests to expand the scope of discovery rest within the arbitrator’s sole discretion and shall be determined pursuant to the applicable Code. The arbitrator shall take reasonable steps to preserve the privacy of individuals, and of business matters. Judgment upon the written arbitral award may be entered in any court having jurisdiction. Subject to the right of appeal under the FAA, the arbitrator’s written decision will be final and binding unless you or we take an appeal from the award by making a dated, written request to the arbitration organization within 30 days from the date of entry of the written arbitral award. A three-arbitrator panel administered by the same arbitration organization shall consider anew any aspect of the award objected to by the appellant, conduct an arbitration pursuant to its Code and issue its decision within 120 days of the date of the appellant’s written notice. The panel’s majority vote decision shall be final and binding.

Location of Arbitration/Payment of Fees:  The arbitration shall take place in Lafayette, Louisiana. Irrespective of who prevails in arbitration, you will only be responsible for paying your share, if any, of the arbitration fees required by the applicable Code.  At your written request, we will consider in good faith making a temporary advance of all or part of your share of the arbitration fees. Waivers also may be available from the JAMS or AAA.

Continuation: This Arbitration Provision shall survive use of any KDN Product, as well as voluntary payment in full of any shortages, and any bankruptcy by you or us. If any portion of this Arbitration Provision, except the “Class Action Waiver and Other Restrictions” provision above, is deemed invalid or unenforceable for any reason, it shall not invalidate the remaining portions of this Arbitration Provision, these Terms and Conditions or any predecessor agreement you may have had with us, each of which shall be enforceable regardless of such invalidity.

APPLICABLE LAW

These Terms and Conditions, and all questions about their legality, enforceability and interpretation, are governed by the laws of the State of Louisiana, USA (without regard to internal principles of conflicts of law).

YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS

By using a KDN Product, you agree to be bound by these Terms and Conditions in their entirety. Should you wish not to be bound by these Terms and Conditions in their entirety, you must, prior to using the KDN Product, request and obtain a refund of the value of the KDN Product by contacting KDN.

If you have any questions, you may reach out to KDN by e-mail at support@kdnproducts.com.

THIS PRODUCT IS VERY SHARP. 

USE WITH CARE. 

KEEP OUT OF REACH OF CHILDREN.

*NOTE: We reserve the right to make any design and/or material modifications without prior notice.

*KDN reserves the right to change without prior notice any data and information presented or contained in this piece, including but not limited to product warranty, services, patents/trademarks, and technical information.

*All trademarks and patents are the property of KDN Products LLC.  Notice: one or more trademarks and patents may apply.