Terms of Sale

  1. Payment of all invoices are due on the 10th day of the month following the month in which the invoice is dated. If an invoice is not timely paid in full when due, interest shall accrue on such invoice at the maximum rate allowed by law.
  2. No express or implied warranty is made by Key Refrigeration Supply. Key Refrigeration Supply hereby disclaims any express or implied warranties of merchantability, fitness for a particular purpose or noninfringement of intellectual property rights. Key Refrigeration Supply also disclaims any liability for claims arising out of product misuse, improper product selection, improper installation, product modification, misrepair or misapplication. Any liability for consequential, incidental, special, exemplary or punitive damages is expressly disclaimed to the extent allowed by law. Key Refrigeration Supply’s liability in any event shall be limited to the sale price for the product that gives rise to liability.
  3. Applicant hereby agrees to defend, indemnify and hold harmless Key Refrigeration Supply and its officers, members and employees from any claims, liability, damages and any other losses or expenses, including reasonable attorney fees, incurred by virtue of any claim asserted by any third party resulting from the installation or attempted installation of any product sold to applicant.
  4. In the event that any dispute between Key Refrigeration Supply and Applicant arises, Applicant hereby agrees to pay all of Key Refrigeration Supply’s costs incurred with respect to such dispute, including its reasonable attorney fees.
  5. In the event that a dispute arises between Applicant and Key Refrigeration Supply relating in any way to the sale of a product, the parties agree that any legal action brought in connection with such dispute shall be brought in the District Court of Johnson County, Kansas. The parties hereby submit to the jurisdiction of the District Court of Johnson County, Kansas.
  6. The substantive law of Kansas, without regard to its choice of law rules, shall govern all issues between Applicant and Key Refrigeration Supply relating in any way to the sale of a product.