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Website Terms of Use and Conditions of Order


This Website Terms of Use and Conditions of Order Agreement (“Agreement”) is made by and between Katadyn North America, Inc. and its subsidiaries, parent company, and affiliates, (“Katadyn,” “us,” “we” and “our”) and you (“you,” “your,” or “user”). This Agreement contains the terms and conditions that govern your use of any website that displays, links, or refers to this Agreement (such websites referred to herein collectively and individually as “website,” or “this website”).

BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE WEBSITE’S FORMS OR ONLINE STORE (COLLECTIVELY “SERVICES”), YOU AGREE, ON YOUR OWN BEHALF PERSONALLY, AND ON BEHALF OF ANY ENTITY FOR WHICH YOU ARE AN AGENT OR YOU APPEAR TO REPRESENT, THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.

KATADYN RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN KATADYN’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPER-LINK LOCATED ON THE KATADYN WEBSITE.

 

TERMS OF USE

1.              ACCESS TO THIS SITE

To access this website or some of the resources it offers, including contacting Katadyn, you may be asked to provide certain registration details or other information such as your name, e-mail address, and other credentials. It is a condition of your use of this website that all the information you provide on this website will be correct, current, and complete. If Katadyn believes the information you provide is not correct, current, or complete, Katadyn has the right to refuse you access to this website or any of its resources, and to block, terminate, or suspend your access at any time.

2.              RESTRICTIONS ON USE

You may use this website for purposes expressly permitted by this website. As a condition of your use of Katadyn’s website, you warrant to Katadyn that you will not use the website for any purpose that is unlawful or prohibited by any part of this Agreement. For example, you may not (and may not authorize any party to) (i) co-brand this website, or (ii) frame this website, without the express prior written permission of an authorized representative of Katadyn. For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this website or content accessible within this website. You agree to cooperate with Katadyn in causing any unauthorized co-branding or framing immediately to cease. Competitors and third party aggregators may not connect “deep links” to the website, i.e., create links to this website that bypass the home page or other parts of the website without the prior written permission of Katadyn.

In addition, you may not use Katadyn’s website in any manner which could disable, overburden, damage, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website. You may not use scrapers, bots, spiders, or other automated tools to collect or index the content of the website without Katadyn’s express prior written permission. You may not attempt to probe, scan or test the vulnerability of the website or any system to which it is connected or attempt to breach any security measures. Your use of the website is strictly for your personal, non-commercial use only.

3.              PROPRIETARY INFORMATION

The material and content accessible from this website, and any other website owned, operated, licensed, or otherwise controlled by Katadyn, including without limitation any text, photos, videos, audio, scripts, software, markup language, or other content whether perceptible or not to a human (the “Content”) is the proprietary information of Katadyn or the party that provided or licensed the Content to Katadyn, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, displayed, performed, licensed, modified, or transmitted in any way without the prior written consent of Katadyn. Modification or use of the Content except as expressly provided in this Agreement violates Katadyn’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this website.

4.              ADDITIONAL USE LIMITATION

You may not modify, translate, decompile, disassemble, reverse engineer, alter, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Content, software, products, or services obtained from or otherwise connected to Katadyn’s website.

5.              HYPER-LINKS

This website may be hyper-linked to other websites which are not maintained by, or related to, Katadyn and may contain information about products or services that are not related to or endorsed by Katadyn. Hyper-links to such websites and information are provided as a service to you and are not sponsored by or affiliated with this website or Katadyn. Katadyn may not have reviewed any or all of such websites and information and is not responsible for the content of those websites or the descriptions of their products and services. Katadyn is not responsible for webcasting or any other form of transmission received from any hyper-linked website. Hyper-links are to be accessed at your own risk and information contained therein is relied upon at your own risk, and Katadyn makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the websites hyper-linked to this website or the information regarding or relating to their products and services. Katadyn provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party website or information does not necessarily imply endorsement by Katadyn of that website, its products or services, or any association with its operators.

6.              SUBMISSIONS

You hereby grant to Katadyn a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, use, sell, offer to sell and import all content, remarks, inventions, suggestions, ideas, graphics, or other information communicated to Katadyn by you through this website (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You further agree that Katadyn may use your name, likeness, pseudonym, avatar, or other information related to your identity and provided to Katadyn through the website in conjunction and in relation to your Submission. Katadyn will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Katadyn operations.

You warrant and represent that you own or otherwise control all of the rights to any Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission and grant the license you provide in accordance with this Agreement, and that the Submission will not violate any law or the rights, including without limitation the intellectual property rights, of any person or entity.

7.              DISCLAIMERS

You understand that Katadyn cannot and does not guarantee or warrant that the website or its Content, or any other files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for any reconstruction of any lost data. Katadyn does not assume any responsibility or risk for your use of the website, its Content, or the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Katadyn. Except as set forth in this Agreement itself, nothing on this website constitutes a guarantee, warranty, or promise of any type. All product sales are pursuant to separate, written agreements or, if ordered through Katadyn’s online store, the Conditions of Order as set forth in this Agreement. The Content should not be relied upon by you or any other party for personal, medical, or legal decisions and you should consult an appropriate professional for specific advice tailored to your situation.

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. KATADYN DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT RELATED TO THIS WEBSITE AND THE CONTENT. KATADYN DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KATADYN DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND KATADYN MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT KATADYN, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. KATADYN MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

DISCLAIMERS AND WARRANTIES RELATED TO PRODUCTS PURCHASED THROUGH KATADYN’S ONLINE STORE ARE SET FORTH IN THE CONDITIONS OF ORDER.

All of the information in this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this website, and Katadyn does not undertake any obligation to update such information after it is posted or to remove such information from this website if it is not, or is no longer accurate or complete.

Like most websites, this website is accessible worldwide. However, not all products or services offered by Katadyn are available to all persons or in all geographic locations. Katadyn reserves the right to limit the provision of its products to any person, geographic area, or jurisdiction and to limit the quantities of any products or services that it provides. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content, and online conduct. This website and the products sold therein is provided only for those located in in the United States of America. If you are not located in the United States of America, you must instead visit the appropriate Katadyn website for your region.

Katadyn attempts to display as accurately as possible the colors and images of the products shown on the website. However, because the colors and image rendering you see will depend on many factors, including your monitor or printer, Katadyn cannot guarantee that the color and image you see matches the product look including color.

8.              LIMITATION ON LIABILITY

KATADYN, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF KATADYN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN RELATION TO OR REGARDING THIS WEBSITE OR ITS CONTENT. IF NO LIABILITY IS NOT ALLOWED UNDER THE APPLICABLE LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF KATADYN AND ITS SUBSIDIARIES, AFFILIATES, PARENT CORPORATIONS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE MINIMUM AMOUNT ALLOWED BY LAW.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

LIMITATIONS OF LIABILITY RELATED TO PRODUCTS PURCHASED THROUGH KATADYN’S ONLINE STORE ARE SET FORTH IN THE CONDITIONS OF ORDER.

Any cause of action against Katadyn, its  SUBSIDIARIES, AFFILIATES, PARENT CORPORATIONS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS with respect to the website or its Content must be instituted within one (1) year from the date on which the claim arose.

9.              TERMINATION OR RESTRICTION OF ACCESS

Katadyn reserves the right, in its sole discretion, to terminate your access to any or all of Katadyn’s websites or any portion thereof at any time, without notice.

10.           INDEMNITY

You will indemnify and hold Katadyn, its subsidiaries, affiliates, parent company, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you, including any use of Content other than as expressly authorized in this Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, settlements, expenses, and attorney’s fees of the Indemnified Parties in relation to your breach. You will also indemnify, including any all resulting loss, damages, judgments, awards, costs, settlements, expenses, and attorney’s fees of the Indemnified Parties, and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your breach of this Agreement or use of the website and its Content.

11.           TRADEMARKS AND COPYRIGHTS

Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of Katadyn or the party that provided the trademarks, services marks, logos, and copyrighted works to Katadyn. Katadyn and any party that provided trademarks, service marks, logos, and copyrighted works to Katadyn retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this website. Products sold by Katadyn may also be subject to patent rights.

All Content is: Copyright © 2015 Katadyn North America, Inc., All rights reserved.

12.           SECURITY

Any passwords used for this website including, without limitation, any customer profiles used in relation to the online store are for individual use only. You will be responsible for the security of your password (if any). Katadyn will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Katadyn considers insecure, Katadyn will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Katadyn reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents. Katadyn reserves the right to investigate suspected violations of this Agreement.

Katadyn reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction Katadyn to disclose the identity of anyone using the website, or publishing or otherwise making available of using any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS KATADYN FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY KATADYN DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER KATADYN OR LAW ENFORCEMENT AUTHORITIES.

13.           MISCELLANEOUS

The laws of the State of Minnesota shall apply to this Agreement, without regard to any conflict of laws provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods, the United Nations Convention on the Limitation Period in the International Sale of Goods, and the Uniform Computer Information Transactions Act, and any implementations thereof in various jurisdictions and any subsequent revisions thereto, shall not apply to these Terms of Use. Any controversy or claim arising out of or relating to these Terms of Use or your use of the website or the Content (a “Dispute”) shall be settled by arbitration under the rules provided by the American Arbitration Association (AAA), and you hereby waive any right you may otherwise have to a jury trial. A single arbitrator shall preside over any arbitration, and such arbitrator shall, in his or her sole discretion, determine the arbitrability of any alleged Dispute. Any arbitration shall be conducted in Minneapolis, Minnesota. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Judgment on an award rendered by an arbitrator may be entered in any state or federal court within or without the State of Minnesota. Notwithstanding the foregoing, in lieu of or addition to any other remedies available to Katadyn, Katadyn may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of Katadyn’s or any third party’s intellectual property or proprietary rights. You hereby irrevocably consent to non-exclusive jurisdiction and venue of the State and Federal courts of the State of Minnesota with respect to any such injunctive or other relief. You further acknowledge that Katadyn’s rights in its intellectual property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.

If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable, shall be modified by the arbitrator or, where an action in court is allowed as stated in this Section 13 of the Agreement, court of competent jurisdiction to reflect to the maximum extent possible the original intention of the parties as dictated by the original wording, and will not affect the validity and enforceability of any remaining provisions.

No waiver by Katadyn of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of Katadyn.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Katadyn as a result of this agreement or use of Katadyn’s websites.

This Agreement constitutes the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Katadyn with respect to the website or the Content.

 

Katadyn may revise this Agreement at any time by updating this posting.

Last Modified: August 1, 2015

 

CONDITIONS OF ORDER

All orders placed with Katadyn, including those made through any webstore that is operated on behalf of Katadyn by another entity, are subject to the terms of these Conditions of Order. Any purported change submitted by a purchaser in any additional documentation is hereby expressly rejected. Purchases made through any webstore to which these terms apply must be located in the United States of America. If you are located in another country, please visit the appropriate Katadyn website and webstore for your region. These Conditions of Order are in addition to any terms and conditions provided by any third party webstore.

  1. Order Validation and Acceptance. When you place an order, we may verify your method of payment, shipping address and/or tax exempt identification number, if any, before processing your order. Your placement of an order with Katadyn is an acceptance of Katadyn’s offer to sell our Products (those “Products” being those sold through this website and any website to which these terms are attached and including those branded as Katadyn, Optimus, AlpineAire Foods, or Spectra Watermakers), subject to availability and pursuant to the terms contained in these Conditions of Order. Katadyn, at its discretion, may complete your order by processing your payment and shipping the Product, or may, for any reason, decline to complete your order or any part of your order. No order shall be considered completed until the Product has been shipped. If Katadyn declines to complete your order, Katadyn will attempt to notify you using the email address or other contact information you have provided with your order. Delivery and/or shipment dates provided in connection with any order are estimates only and do not represent fixed or guaranteed delivery dates.
  2. Quantity Limitations. Katadyn may limit or cancel quantities available for purchase on any order on any basis, and to alter the availability or duration of any special offers at any time. Katadyn may reject any order, or any part of an order.
  3. Electronic Communication. When you place an order via the website, you are required to provide a valid email address, which we may use to communicate with you regarding the status of your order, advise you regarding shipment of backordered products, and to provide you with any other notices, disclosures or other communications relating to your order. You agree that Katadyn will not be responsible for any damage you incur, or information you do not receive, as a result of your failure to provide and maintain a valid email address or as a result of any failure of your email system, spam filters, or other impediments to your receipt of our communications outside of the reasonable control of Katadyn.
  4. Pricing and Product Information. Katadyn makes every effort to provide current and accurate information relating to the Products and prices, but does not guarantee the currency or accuracy of any such information. Information relating to Products is subject to change without notice. Prices are subject to change at any time prior to Katadyn’s completion of your order. In the event we discover a material error in the description or availability of a Product that affects your outstanding order with Katadyn, or an error in pricing, we will notify you of the corrected version, and you may choose to accept the corrected version, or cancel the order. If you choose to cancel the order, and your credit card has already been charged for a purchase, Katadyn will issue a credit to your credit card in the amount of the charge. All prices are in U.S. dollars.
  5. Payment. Katadyn offers the following payment methods: We offer MasterCard, VISA, American Express, and Discover. All payments must be made in U.S. dollars.
  6. Shipping Charges. Except as otherwise provided on the website, (1) shipping or freight charges and insurance will be paid by the customer, (2) all sales are made FOB Katadyn’s warehouse in Minneapolis, Minnesota USA, and (3) shipping or freight charges from Katadyn’s warehouse in Minneapolis, Minnesota USA are prepaid and added to the invoice.
  7. Handling Charge. There is no minimum order or handling fee.
  8. Taxes. Except as otherwise provided on the website, prices shown do not include any federal, state or local taxes, or any other taxes or charges imposed by any government authority, including, without limitation, sales, use, excise, value-added or similar taxes. Where applicable, such taxes and charges shall be billed as a separate item and paid by you. Orders are accepted with the understanding that such taxes and charges shall be added, as required by law. Katadyn charges sales tax unless you have a valid sales tax exemption certificate on file with Katadyn. Katadyn will not refund tax amounts collected in the event a valid sales tax certificate is not provided. If you provide a certificate that is not accepted for any reason by any governmental or regulatory authority, and Katadyn is required to pay tax on your purchase, you will reimburse Katadyn for the amount of such tax, and Katadyn’s reasonable expenses incurred in connection with the payment and collection of such tax.
  9. Dishonored and Late Payments. You shall pay to Katadyn all costs incurred by Katadyn in collecting on any dishonored payment or on any past due amount from you, including all court costs, collection costs, and attorney’s fees. If a payment method you give us for payment is dishonored or for any reason by the bank or other institution on which it is drawn, you agree to pay Katadyn $30.00 as a service charge (if the payment cannot be redeposited) pursuant to Minnesota Statutes § 604.113.
  10. Out of Stock. If a Product you order is out of stock at time of order placement, you may elect to have it shipped on a subsequent shipment. Except as otherwise provided on the website, additional shipping charges will apply to each shipment. Backorders will be held based on your request.
  11. Export Compliance. In addition to the United States and its territories, Katadyn accepts international orders through other forums. Some Products may not be available for shipment outside the United States. All orders of international origin or destination are subject to export control laws, restrictions, regulations and orders of the United States. You agree to comply with all applicable export control laws, restrictions, regulations and orders of the United States or applicable foreign agencies or authorities. You shall not, directly or indirectly, sell, export, transfer, transship, assign, use, or dispose of Products in a manner which may result in any non-compliance with applicable export control laws, restrictions, regulations, and orders of the United States or applicable foreign agencies or authorities. You are responsible for obtaining any license or other official authorizations that may be required to export, re-export or import Products. Diversion contrary to U.S. law is prohibited.
  12. Freight Damage. If you receive merchandise that has been damaged in transit, it is important to keep the shipping carton, packing material and parts intact. Please contact a Katadyn Customer Service representative immediately to initiate a claim. Contact us at email: cs@katadyn.com or telephone: (800) 755-6701
  13. Return Policy. In most cases, Katadyn will accept merchandise returns subject to the terms outlined in this Section 13 and will replace the Product or refund your money at your option.

To facilitate processing of returned merchandise:

               Please contact a Customer Service representative to obtain an RMA (Returned Merchandise Authorization) number prior to returning a Product(s).

               For all returns not relating to Katadyn warranties, returns must be made within 30 days of date of invoice, be accompanied by the original invoice number, include a brief explanation of the reason for the return, and be in the original packaging and in resalable condition.

               Return freight charge must be prepaid. Sorry, C.O.D. returns cannot be accepted.

               Products returned solely due to customer error may be subject to a restocking charge.

·               Returns relating to Katadyn warranties are subject to the terms and conditions of the applicable warranty.

By returning any product to Katadyn, you represent and warrant that the returned product was purchased from Katadyn, is not counterfeit or otherwise non-conforming. You also agree that Katadyn may test any returned product to determine whether such product is counterfeit, non-conforming, or otherwise violates these Conditions of Order. In the event Katadyn determines, in its sole discretion, that any returned product is counterfeit, non-conforming, or otherwise violates these Conditions of Order, Katadyn may (i) report such problem to any applicable governmental or regulatory agency or any other applicable third party; (ii) quarantine such product for further testing or other analysis; and/or (iii) take such other actions as may be required or permitted under applicable law.

  1. No Use as Critical Components. Products sold by Katadyn are not authorized for use in certain applications including, but not limited to human implant, nuclear, or or for any use or application in which the failure of a single component could create a situation in which property damage, personal injury, or death is likely to occur, unless an authorized officer of the manufacturer has signed an agreement specifically governing such use. YOU AGREE TO INDEMNIFY AND DEFEND KATADYN AGAINST ALL DAMAGES, COSTS, AND EXPENSES THAT MAY BE INCURRED, INCLUDING WITHOUT LIMITATION, ATTORNEY FEES AND COSTS RELATING TO ANY LAWSUIT OR THREATENED LAWSUIT ARISING OUT OF THE USE OF PRODUCTS IN UNAUTHORIZED APPLICATIONS.
  2. Product Warranty.  You will find information about Katadyn’s warranty for its products in the product manuals for each product which are downloadable on the product detail page for each product.  You agree to the terms of any such warranty when you order Katadyn products.   
  3. Force Majeure. Katadyn will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. Katadyn’s time for delivery or performance will be extended by the period of such delay or Katadyn may, at its option, cancel any order or remaining part thereof, without liability, by giving notice to you.
  4. Applicable Law; Dispute Resolution; Limitation on Actions. The laws of the State of Minnesota shall apply to these Conditions of Order, without regard to any conflict of laws provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods, the United Nations Convention on the Limitation Period in the International Sale of Goods, and the Uniform Computer Information Transactions Act, and any implementations thereof in various jurisdictions and any subsequent revisions thereto, shall not apply to these Conditions of Order. Any controversy or claim arising out of or relating to the Conditions of Order or your purchase or use of Products (a “Dispute”) shall be settled by arbitration under the rules provided by the American Arbitration Association (AAA), and you hereby waive any right you may otherwise have to a jury trial. A single arbitrator shall preside over any arbitration, and such arbitrator shall, in his or her sole discretion, determine the arbitrability of any alleged Dispute. Any arbitration shall be conducted in Minneapolis, Minnesota. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Order will be joined to an arbitration involving any other party subject to these Conditions of Order, whether through class arbitration proceedings or otherwise. Judgment on an award rendered by an arbitrator may be entered in any state or federal court within or without the State of Minnesota. Notwithstanding the foregoing, in lieu of or addition to any other remedies available to Katadyn, Katadyn may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of Katadyn’s or any third party’s intellectual property or proprietary rights. You hereby irrevocably consent to non-exclusive jurisdiction and venue of the State and Federal courts of the State of Minnesota with respect to any such injunctive or other relief. You further acknowledge that Katadyn’s rights in its intellectual property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages. Any Dispute must be instituted within one (1) year from the date of purchase or provision of the Product at issue except for a Dispute based on breach of warranty which must be instituted within ninety (90) days of the date Katadyn denies a warranty claim under Section 15 of these Conditions of Order.
  5. General Provisions. These Conditions of Order constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Katadyn of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of the Conditions of Order are determined by a court of competent jurisdiction or arbitrator with jurisdiction over a Dispute  to be invalid or unenforceable, it will not impact any other provision of the Conditions of Order, all of which will remain in full force and effect, and such court or arbitrator shall have the authority, if possible, to revise any invalid or unenforceable provision to most accurately reflect the intent of the parties as shown by the original wording of that provision while rendering it valid and enforceable. No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of Katadyn. These Conditions of Order and the subject matter that they cover including without limitation the purchase of Products do not create any joint venture, partnership, employment, or agency relationship between you and Katadyn or its suppliers. The obligations, rights, terms and conditions hereof will be binding upon and inure solely to the benefit of the parties hereto and their permitted respective successors and assigns.
  6. Changes to the Conditions of Order. Katadyn reserves the right to change the terms of these Conditions of Order without notice. You are responsible for reviewing these Conditions of Order prior to your purchasing of Products, and your purchasing of Products after any changes to these Conditions of Order acknowledges your agreement to the then current Conditions of Order. In the event that a change or update is made to these Conditions of Order, the “Date of Last Modification” will be updated accordingly. As part of the registration process to become a registered user of certain functionality on the website, as a default, you elect to receive e-mails that Katadyn may in its discretion send notifying you of changes to this Conditions of Order and/or other Katadyn policies. You may elect not to receive these e-mails by opting out of this default. Notwithstanding any provision of these Conditions of Order to the contrary, Katadyn may make changes to these Conditions of Order in its sole discretion and such changes shall be binding on you and Katadyn.

 

Date of Last Modification: August 1, 2015

© 2015 Katadyn North America, Inc. All rights reserved.

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