Kendon Terms & Conditions
Terms and Conditions
United States Site and Pricing
Kendon administers this Site from California, United States of America and this Site is only intended for viewing in the United States. All materials and information contained on this Site apply to the United States market only. Kendon makes no representation that this Site is appropriate or available for use outside of the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with applicable laws and regulations. You agree to comply with all export and re-export laws, restrictions and regulations of your government in connection with your use of the Site.
All pricing on this Site is in U.S. dollars and the vehicles, parts and accessories described are offered for sale in the U.S. only. Kendon makes reasonable efforts to make their products available to countries other than the U.S. Sales into countries other than the U.S. are handled by Kendon authorized agents in that country only. This Site in no way constitutes an offer to buy or sell vehicles from Kendon or to provide financing or leasing. Kendon makes reasonable efforts to ensure that the pricing and product information contained on this Site is accurate. Prices, product specifications and all other information shown on this Site are for informational purposes only, are subject to change at any time without obligation or prior notification, may vary from region to region, and may not be completely up to date or accurate.
Most pricing refers to MSRP. Unless otherwise indicated, MSRP is the manufacturer suggested retail price and excludes destination and delivery charges, any applicable taxes, any applicable fees, such as title and registration, or environmental charges or fees, any industry specific fees, any applicable consumer rebates or incentives, and the cost of any dealer added options. Optional equipment is not included unless specifically indicated. Any calculation of any price, tax, incentive, lease or finance terms is for your reference only, is an estimate, and may not be completely accurate. Individual dealers set the actual transaction price. Contact your selected authorized dealer for the actual price of any part, accessory or vehicle and any applicable terms and conditions that may apply.
The promotional programs and/or incentives offered on this Site are only available in the United States and may be limited to particular states and subject to restrictions and/or qualifications, as disclosed by the program.
Shipping, Handling and Returns
All products are shipped FOB (Freight On Board) Anaheim, California. Kendon does not guarantee shipping and/or transit times. Customer is responsible for all freight charges. Kendon does not accept returns without an RGA (Return Goods Authorization) number. Customer is responsible for return freight. Returns may be subject to 20% restocking fee.
Depiction of Vehicles, Parts and Accessories
Vehicles, parts and accessories shown on this Site are for general illustration only. Vehicles, parts and accessories shown are typically a sample product only of the similar model year. Details of a selected vehicle, part or accessory may vary from the product shown depending on the features you choose. Vehicle, part and accessory availability may be limited.
Third Party Information
Copyright 2013, Kendon Industries, Inc. All rights reserved. This Site, including all content and materials, is protected by worldwide copyright laws and treaty provisions whether or not a copyright notice is present on the materials. All text, images, graphics, animation, videos, music, sounds and other materials on this Site are subject to the copyrights and other intellectual property rights of Kendon and its licensors. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the materials. Except as expressly provided herein, Kendon does not grant any expressed or implied rights to you under any patents, trademarks or copyrights.
Subject to your continued compliance with these terms and conditions, Kendon grants you a non-exclusive, non-transferrable, limited right to access, use, display and listen to this Site and the information, sounds, images and text ("Materials") there on. You agree not to interrupt or attempt to interrupt the operation of this Site in any way. You agree not to dispute Kendon's claims of ownership or validity of its rights in the materials on this Site.
Kendon authorizes you to view and download the materials on this Site only for your personal, non-commercial use. Kendon may suspend or terminate this authorization at any time for any reason without prior notification. This authorization is not a transfer of title in the materials and copies of the materials and is subject to the following restrictions:
- You must retain, on all copies of materials downloaded, all copyright, trademark and other proprietary notices contained in the materials;
- You may not modify the materials in any way or reproduce or publicly display, perform, distribute, or otherwise use them for any public or commercial purpose;
- You must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use.
Linking, Crawling and Archiving
If you would like to place a link to this Site, you must comply with the following guidelines:
- Do not incorporate any content, in part or in full, from this Site into your website (e.g., by in-lining, framing or creating other browser or border environments around the website content). You may only link to, not replicate, the Site content;
- You may not use any Kendon trademarks, logos, designs or service marks in your links;
- You may not create the appearance of a relationship or affiliation with Kendon; and
- Your site may not contain offensive, distasteful, illegal or inappropriate content.
If you would like to use a web crawler or other search tool to gather information or content from this Site, you must comply with the provisions of the robots.txt file of the site and you may not circumvent CAPTCHA or other security measures.
Other Conditions and Restrictions
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL(S) TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE SUBMISSION PROCESS, OR OTHERWISE UNDERMINE KENDON'S LEGITIMATE BUSINESS OPERATIONS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, KENDON RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
This Site is intended as a resource and discussion forum for people interested in Kendon's product line, projects and/or initiatives. If you would like to address warranty or customer service questions or concerns or products sold by Kendon, please contact Kendon at 714-630-7144 or 800-847-8618 in the United States during normal business hours.
The Kendon name and all trademarks and logos displayed on this Site are owned or used under license by Kendon. These trademarks include, but are not limited to, product brand names, product model names, slogans, and logos and emblems (e.g., Kendon, Stand-Up™, MotoLift™). The unauthorized use of any trademark displayed on this Site is strictly prohibited.
Changes to the Site
Kendon reserves the right to change, modify, suspend, discontinue or permanently cancel this Site's operation or portions thereof without any prior notice to you, including but not limited to product specifications or prices, at any time and from time to time without notice and without incurring any obligations. Your use of this Site after any changes are posted will be considered acceptance of such changes.
Indemnity and Hold Harmless
By using this Site you agree that you will defend, indemnify and hold harmless Kendon and its partners and affiliates, respective distributors, dealers, dealer associations and advertising and promotions agencies, together with their respective employees, agents, directors, officers and shareholders, from and against any and all the liabilities, claims, damages and expenses (including reasonable attorneys' fees and costs) arising out of your use of this Site, your breach or alleged breach of these Terms and Conditions, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. Kendon reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with Kendon's defense of such claim.
If you believe that any content on this Site infringes your copyright rights, please contact Kendon at:
United States of America
Toll-Free Telephone: 800-392-3673
Available 7:00 am - 5:00 pm Pacific Standard Time (PST)
Monday - Friday
Kendon Industries, Inc.
3711 East La Palma Avenue
Anaheim, CA 92806
Kendon may at any time, without prior notification, revise the Terms and Conditions by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms and Conditions from time to time. NOTE THAT THESE TERMS AND CONDITIONS APPLY ONLY TO THIS SITE, OTHER WEBSITES PROVIDED BY KENDON OR ITS AFFILIATES MAY HAVE DIFFERENT TERMS AND CONDITIONS THAT APPLY TO THE USE OF THOSE SITES. YOU ARE RESPONSIBLE FOR READING AND UNDERSTANDING THE TERMS AND CONDITIONS OF THOSE SITES.
This Site and all the information it contains is provided for information purposes only on an "as is" basis and could include technical, typographical or other errors. In certain areas, the information provided may represent an opinion or judgment. Kendon, information providers and their agents make no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of the Site, the information, materials, content, availability, and products. To the extent permitted by applicable law, Kendon disclaims all warranties, expressed or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Kendon is not responsible for the content of any Site linked to this Site and is not directly or indirectly implying any approval, endorsement or affiliation with any linked Site.
YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, KENDON'S DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, AFFILIATES, PARTNERS, SHAREHOLDERS, AGENTS AND REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. KENDON, ITS INFORMATION PROVIDERS AND THEIR AGENTS, MAKE NO WARRANTIES OR REPRESENTATION ABOUT THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. KENDON DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND KENDON WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
NEITHER KENDON, INFORMATION PROVIDERS OR THEIR AGENTS ARE PROVIDING ANY LEGAL, TAX, MEDICAL, COUNSELING, ACCOUNTING, INVESTMENT, FINANCIAL OR ANY OTHER PROFESSIONAL SERVICES OR ADVICE.
These Terms and Conditions together with any additional terms to which you agree when using the particular elements of this Site constitute the entire agreement regarding the Site and any products or services, and supersede all prior or contemporaneous communications, whether electronic, oral or written between you and Kendon with respect to the Site or the products or services provided on this Site. The Site is operated and/or administered from Kendon's offices in the United States of America. These Terms and Conditions are governed by, and construed in accordance with, the laws of the State of California, regardless of principles of conflicts of laws that may require the application of the laws of another jurisdiction. If a court determines that any term or condition in these Terms and Conditions is illegal or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in force and effect.
Kendon's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. All lawsuits arising from or relating to these Terms and Conditions shall be brought in Federal or State courts located in Orange County, California, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
Effective Date: March 19, 2013