Kolnex logo QUALITY ELECTRIC POWERED GOLF TROLLEYS - GOLF CADDIES
Terms and Conditions of Sale - Warranty - Export

 

TERMS & CONDITIONS OF SALE

THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM KOLNEX (Shoshone Inn Corp). PLEASE READ IT CAREFULLY. NO OTHER TERMS APPLY. BY SUBMITTING YOUR ORDER YOU ARE AGREEING TO THESE TERMS

DEFINITIONS

"Product" shall mean any item offered for sale or licensing on any website published by this company under the various trading names and styles used - including but not limited to Kolnex – Morgan River - Golf Sportif

ENTIRE AGREEMENT

The terms and conditions herein may NOT be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend these terms and conditions or to enter an order for Product(s) which is subject to additional or altered terms and conditions shall be null and void.

DEALERS

The terms and conditions herein apply in full to sales of product as a result of orders placed by dealers, whether that product is delivered to the premises of that dealer or direct to their customer. This specifically applies to warranty and to the return policy clauses.


ORDER ACCEPTANCE

All orders of Products placed by you with Kolnex shall be subject to acceptance by Kolnex. Notwithstanding any order confirmation or acknowledgement or other communications sent by Kolnex – under any trading name - your order shall not be deemed accepted by Kolnex until shipment of the products ordered. Your submission of your order shall constitute your full acceptance of these terms and conditions. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT SUBMIT AN ORDER.

PAYMENT TERMS – PRICE CONFIRMATION

Unless otherwise indicated, the purchase price of Products will be billed, and credit card payments processed in full at the time of order placement. In cases where a particular product is known by Kolnex in advance to be back-ordered for an extended period the credit card payment is Authorized but not Captured. The Capture process is then deferred until the date of shipment. Kolnex accepts Master Card, Visa, American Express and Discover. Kolnex does not accept cash, COD, purchase orders, or personal checks. Kolnex payment terms are subject to change without notice at the sole discretion of Kolnex. For web orders, we confirm the price of a Product as part of our order processing procedures. Prices of product will be as shown on our website, and will those that are current and applicable on that day only. The price of the same product can change without notice, to either a higher or a lower price; Kolnex is not responsible for the effects of such changes and no guarantees apply in this respect.  In the unlikely event that a price stated on a Kolnex Web site for either Product or Shipping, Tax, or any other costs is incorrect, then the following applies: If a Product's correct price is lower than our stated price, we charge the lower price and ship you the Product. If a Product's correct total price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

PRODUCT

Manufacturers continually update and revise Products. Advice of such changes is usually displayed on our website product pages, however smaller changes may not be so noted. Kolnex may revise and/or discontinue Products at any time. Changes in products shipped and products described on Kolnex websites and/or directs sales materials (ads, catalogs, specification sheets etc.) are possible. Kolnex Products are new unless specified as refurbished.

RETURNS POLICY

Returns for any other reason than faulty manufacture can only apply to Product that is in brand-new condition, completely unused, still packed in its original packing, and returned, BY PRIOR AGREEMENT by Kolnex, within 10 days of receipt. Costs for warranty service work and parts will be the responsibility of Kolnex and be handled under the warranty. If a return is pre-agreed by Kolnex (and the manufacturer if applicable), an RMA number will be issued, together with the correct return address. The product can then be returned in original condition, in the original packaging, carriage paid and insured for the full purchase cost, by UPS or Federal Express, or any carrier that can provide the sender with signed Proof of Delivery. After inspection and testing and found to be in "as-new" condition, the buyer will be credited at the original invoiced price less a 22% restocking charge and the cost of original shipping and handling - this being the actual cost involved not any smaller amount such as a contribution paid under special offer terms. This charge is necessary towards the cost of handling, checking, testing, repacking, and restocking at the manufacturer or their logistics company, and credit card processing charges on both the original debit charge and possibly on any subsequent refund payment. Orders for spare parts ordered for product which is out of warranty are final and the parts are not returnable.

All sales of Refurbished items are FINAL - no returns are possible under any circumstances.

SHIPPING AND HANDLING – RISK OF LOSS

Product prices do not usually include shipping and handling. Kolnex will use its discretion in selecting a reputable carrier and appropriate means of shipment - this will usually be either UPS or United States Mail for smaller items. Even in cases where Kolnex pays for the shipping, the risk of loss or damage to Products in transit is yours. In the event of Product damage or loss during transit, it is your responsibility to file a claim with the carrier.

SHIPPING - ACCEPTANCE OF DELIVERIES - ORDER CANCELLATION

Once product has been shipped by either Kolnex or any one of its suppliers, including but not exclusively, Powakaddy USA, Powakaddy UK, Lectronic Kaddy, ATV Solutions, Agogos Golf, Pacific Rim Golf Corp., Nikon, Leica, Bushnell, Sonocaddie, Altex, that product must be accepted by you, the customer. Under no circumstances can you the customer refuse to accept such delivery from the carrier company used by Kolnex or its suppliers. This is irrespective of any delay in such delivery caused by the carriers. In the event that a customer does refuse to accept the delivery of product then they will be responsible for both the outgoing and return charges from the carrier involved, and for the restocking costs as in "RETURNS POLICY" above. In the event that product is ordered from Kolnex and is subsequently cancelled by the customer before the credit card transaction is cleared by Authorize.net and processed by Nova, then Kolnex will make every effort to void the transaction and so avoid the two sets of processing charges levied by Evalon, the credit card processing company. If this is possible then there will be no charges applicable and there have been no transaction so no credit will be applicable. Since there is a cut-off time each day, it is important that such cancellations be received well before that cut-off time to make this voiding process possible. In the event that Kolnex does not receive sufficient notice and the transaction has already been processed then there will be two sets of processing charges from Evalon (the original charge and the larger refund charge) which will be debited to Kolnex and will have to be paid by the customer. These amounts will be deducted from the original payment when credit is made.

LIMITATION OF LIABILITY

THE LIABILITY OF BOTH YOURSELF – THE BUYER - AND KOLNEX SHALL BE LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER YOU OR KOLNEX BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE , OR OTHERWISE. NEITHER YOU NOR KOLNEX SHALL HAVE ANY LIABILITY TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.

TAXES

Prices do not include any sales, local or other similar taxes. Where applicable, taxes will be shown on and added to your invoice. All such taxes shall be paid by you, or in lieu thereof, you must provide Kolnex with an appropriate tax exemption certificate.

RESALE AND RENTAL AND COMMERCIAL USE

You certify and agree that you are purchasing Product(s) for your own internal use only, and not for resale, rental, or commercial use. You shall not remove components from Product for resale.

TITLE

Title to Product(s) other than software passes from Kolnex to you upon shipment. Title to software shall remain with the applicable licensor(s).

GOVERNING LAW – WAIVER OF JURY TRIAL

This Agreement and all purchases hereunder shall be governed by and construed under the law of the state of California , without regard to conflicts of laws rules. You agree that the courts of California shall have exclusive jurisdiction over the parties for all disputes. Venue shall lie exclusively and only in either (i) Tulare County , State of California ; or (ii) the Southern District of California of the United States District Court. THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THIS AGREEMENT OR YOUR ORDER.

HEADINGS

The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.

CRITICAL COMPONENTS

The Products are not authorized for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others.

FORCE MAJEUR

Kolnex shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of Kolnex or it's manufacturers, either in the United States or abroad. Quantities are subject to availability. In the event of shortage, Kolnex may allocate sales and deliveries in its sole discretion.

WAIVER – INVALIDITY

Failure of Kolnex or its manufacturers to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of this Agreement is deemed by a court to be unenforceable, the remainder shall stay in effect.

ENTIRE AGREEMENT

These terms and conditions constitute the entire and exclusive agreement between you and Kolnex concerning the Products and your purchase hereunder and supersedes any and all statements or other agreements, whether oral or written, between you and Kolnex.

WARRANTY

LIMITED WARRANTIES

With respect to all products sold Kolnex MAKES NO WARRANTIES EXCEPT THOSE PROVIDED BY THE INDIVIDUAL MANUFACTURER OF THE PRODUCT ITEM CONCERNED. Such Products are sold by Kolnex AS IS. However the third party manufacturer or supplier of these Products may offer its own warranties, and you agree to look solely to such manufacturer or supplier for any warranty related claims. These warranties are not transferable.

KOLNEX EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT. ALL SALES OF SPARE PART COMPONENTS AND OF RERURBISHED ITEMS ARE FINAL - NO REFUNDS CAN APPLY UNDER ANY CIRCUMSTANCES.

Any warranty covering products sold by Kolnex for any product is the warranty offered by the manufacturer of that product - including but not exclusively Powakaddy USA, Powakaddy UK, Lectronic Kaddy, Agogos Golf, Bushnell, Leica, Nikon, Sonocaddie, Altex, Pacific Rim Golf Corp. Honest Mechanical Manufacturing Co. Ltd. Luckcome Technologies, Linix Corporation, and all battery manufacturers. During the manufacturer's warranty period the warranty covers only manufacturing defects in the product itself. During this period all such defects will be taken care of by the manufacturer including electrical and mechanical items. The manufacturer reserves the right to repair or replace the item component or the whole product. In cases where defective components are to be shipped out by Kolnex, and these components are available in current inventory at the service department, these will be dispatched within 7 working days; in cases where these components are not in inventory, or are back-ordered from the component manufacturer, they will be dispatched as soon as supplies are received from that manufacturer.

Items manufacturer will not pay for :

  • Shipping cost, standard or expedited, for warranty and replacement parts
  • Service calls to a residence or place of business
  • Repairs when product is used for other than normal golf course use
  • Damage, failures, or operating difficulties resulting from accident, alteration, careless handling, misuse, fire, flood, immersion in water, acts of God, improper maintenance, use of products or components not approved by the manufacturer
  • Replacement parts or repair labor costs for units operated, or exported to, outside of the United States or Canada
  • Pickup and delivery of product
  • Repairs to parts or components or systems resulting from unauthorized modifications made to the product

Exceptions to the above manufacturer's warranty periods apply to all batteries. The warranty from the battery manufacturer is for 90-days. In all cases any shipping costs related to replacement batteries are the responsibility of the retail customer and will be charged by Kolnex.

Warranty periods vary on different items, but are on golf trolleys sold as being new, and not refurbished, is covered by a period of 1-year, with the coverage commencement date always commencing at the date of placement of the order concerned. Subsequent supply by Kolnex of any replacement product does not alter this commencement date. Exceptions to this would be orders received for back-ordered items, when the commencement date may have been deferred at the discretion of the manufacturer (and/or Kolnex) and this has been specifically agreed in writing with the customer. This policy is strictly maintained due to the necessity for a specific known commencement date (usually defined by the order placement date or a copy of the retail purchase receipt). Warranty period on Refurbished product will typically vary from no coverage to 30-days, All sales of spare part components and refurbished carts are FINAL - no refunds of any sort can apply.

The cost of shipping and handling on replacement components shipped out by Kolnex will always be the responsibility of the end user customer, and will be charged by Kolnex to that customer. During the period of the warranty the cost of the replacement component part(s) will be borne by Kolnex and/or the component manufacturer.

Product can only be returned direct to the manufacturer for service by making prior arrangement with them.

In all cases requiring the return to the manufacturers of parts or of the whole product it is the responsibility of the purchaser to pack and return the item in question - freight paid - to the manufacturer. Unless the items has been the subject of damage the manufacturer will replace or repair the item and pay for the return shipment to the purchaser.

Whilst the likelihood of your product having to be returned for service or exchange is small, in the event that this becomes necessary you will need the original packing for safe transit. For this reason you should retain his original packing.

In all cases requiring service - during the warranty period or after that period - the buyer should take direct contact with Kolnex for contact information to the manufacturer of the product. You will be asked for the serial number of the product, and the date of purchase.

Please take careful note of the clause above relating to the remedial actions offered by the manufacturer - either repair or replacement of the product. Under no circumstance will there be any cash refunds made by Kolnex to buyers in a case of problems or dissatisfaction with a product from any manufacturer.

ITEMS EXPORTED

Please note that any offer of "Free Warranty Shipment" clause above does not apply to shipments made to Alaska , Hawaii , Canada , or to any other international export orders, or to any item personally exported to another country by the customer.

Spare parts - whether under warranty or not - can be shipped to customers in countries outside of the US (including Canada ) however the freight will be payable by the customer - plus a small charge to cover export handling costs.

PRODUCT DESCRIPTIONS

This warranty, and its terms, applies irrespective of which product is purchased, or of the product description, model number, or packing names used, either on this or other websites, or on the product(s) itself (for instance – Powakaddy USA, Powakaddy UK, Honest Mechanical Manufacturing Co. Ltd., Kolnex, Morgan River, Sonocaddy, Altex, Bushnell, Nikon, Leica, OptiLogic, Pacific Rim Golf, Lectronic Kaddy.