Terms of service
Seller: WellKept Supply LLC, a Kentucky limited liability company ("WellKept," "we," "us"), 7659 Mall Road #1115, Florence, KY 41042 · (859) 534-9715 · sales@wellkeptsupply.com
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Who these terms apply to. "Consumer" means an individual buying primarily for personal, family or household use. "Business buyer" means anyone buying for business, institutional, governmental or professional use, including any order placed with a company name, tax-exempt or resale certificate, PO, or business account. Where these terms treat consumers differently, the consumer provisions apply only to consumers. Nothing in these terms limits rights that a consumer has under laws that can't be waived by contract.
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US-only sales. We sell and ship to addresses in the United States only, including Alaska, Hawaii and APO/FPO/DPO military addresses (see Shipping Policy for exclusions).
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Orders and acceptance. Your order is an offer to buy. An order confirmation email confirms we received it, not that we accepted it. We accept an order when we ship it (or, for quote-only items, when we confirm the quote in writing and charge you). We may decline or cancel any order, including for suspected fraud, export or address restrictions, or unavailability, and we'll refund any amount charged.
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Business and professional use. Products are spill control, safety and facility supplies. The buyer is responsible for choosing products suitable for their fluids, site and regulatory obligations, and for following the manufacturer's instructions and Safety Data Sheets. This includes chemical compatibility (e.g., oil-only vs. universal vs. hazmat absorbents), capacity, training workers, inspecting and restocking kits, and lawful disposal of used materials.
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No compliance guarantee. Product information and the Spill Kit Finder are general guidance. Buying a product does not by itself make a facility compliant with EPA (including 40 CFR 112 / SPCC), OSHA or other rules. Facilities remain responsible for their own plans and compliance. The Spill Kit Finder, product descriptions, blog content and customer-service answers are general information, not engineering, environmental, safety or legal advice. They don't replace a site assessment, a Professional Engineer's SPCC plan certification where required, or your own qualified safety staff. We don't guarantee that any product will contain, absorb or prevent any particular spill, release, injury, fine or regulatory finding, and WE ARE NOT RESPONSIBLE FOR THE OUTCOME OF ANY SPILL OR FOR YOUR COMPLIANCE WITH EPA, OSHA, DOT, STATE OR LOCAL REQUIREMENTS.
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Pricing and availability. Prices, availability and lead times can change. WellKept Supply is a distributor. Some items ship directly from the manufacturer, and lead times vary by product. We may cancel or correct an order affected by a pricing or listing error before it ships, with a full refund. Quote-only and freight prices are confirmed in writing before you're charged. This applies even after we've sent an order confirmation. If the correct price is higher, we'll ask whether you want to proceed at the correct price or cancel for a full refund. We won't charge more than the price you agreed to without your consent. Quotes are valid for 30 days from the quote date unless the quote says otherwise. Prices and quotes bind us only when stated in our written quote or order confirmation. Statements in chat, email or automated replies don't change a price or these Terms.
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Taxes. Prices don't include sales or use tax, which we collect where required by law based on the ship-to address. Tax-exempt and resale buyers must provide a valid, complete exemption or resale certificate before the order is placed. Business buyers are responsible for any use tax due where we don't collect tax.
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Business accounts. Net terms, POs and credit limits for business buyers are available only under a separate written credit application and terms approved in writing by WellKept's Member. Unless agreed in writing, payment is due at order. Terms in a buyer's purchase order that add to or conflict with these Terms don't apply unless we agree in writing.
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Shipping, freight, returns. Governed by our Shipping Policy and Refund & Returns Policy, which are part of these terms. We don't ship to civilian PO boxes; please give a street address. Military APO, FPO and DPO addresses are the only exception. Orders with a PO box ship-to address will be held until you give a street address, or cancelled and refunded.
Title and risk of loss. Business buyers: sales are shipment contracts, F.O.B. shipping point; title and risk of loss pass to you when the goods are delivered to the carrier at the shipping origin. If we pay the freight on a business shipment (for example, a shipment correcting our error, or a replacement), we carry the risk until delivery on that shipment. We do not currently offer free shipping, and there is no minimum order. Shipping is shown at checkout as a single shipping amount (see the Shipping Policy). For business buyers, risk on those shipments always passes to you at handoff to the carrier. You file any freight claim; we'll provide documents, coordinate with the shipping origin and carrier, and pass through any recovery when we receive it, but we don't otherwise replace or refund goods damaged or lost in transit on business orders. Consumers: risk of loss passes to you on delivery to your ship-to address. We handle transit-damage claims with the shipping origin and carrier and replace or refund (your choice) once the claim is resolved, and no later than 30 days after your report. Replacement shipments we send are at our risk. We act immediately for a total loss, a lost or undelivered shipment, or needed safety equipment, as stated in our Shipping Policy. Defective and wrong items are covered for all buyers. Details and the business-buyer definition are in our Shipping Policy.
Returns. Returns require a WellKept RMA and are shipped to the return address given in the RMA. WellKept doesn't accept returns at its own mailing address. Return eligibility, window, restocking fees and return freight vary by product and are shown on the product page before purchase. Return window: eligible items can be returned within 15 days of the delivery date shown in carrier tracking (a shorter window or non-returnable status, where it applies, is shown on the product page). Every return needs an RMA, requested by email or our contact form with the order number, items, quantity, reason and photos for defects. We normally reply within 2 business days with the RMA number, return address and instructions, and the item must ship within 7 days after the RMA is issued. Items must be unused, unopened, in original packaging and resalable. If you return a non-defective item or cancel after shipment, you pay return shipping, and a restocking fee of 26% of the returned items' price is deducted from your refund. Items priced $35.00 or less are final sale: they can't be returned or refunded except for quality, defect, warranty, damage-in-transit or wrong-item issues, and final sale status is shown on the product page and in the cart before purchase. Shipping charges are never refunded, and you pay shipping on any return, except for a proven defective or wrong item, where we refund the original shipping charge and cover return shipping. Refunds are issued only after the return facility accepts the item, and items that don't pass inspection aren't eligible for a refund: we'll tell you why in writing, with photos on request, and offer to send them back at your cost, and tracked delivery plus our written inspection result determine whether a refund is due. Items that are defective or wrong, and items damaged in transit on consumer orders, carry no fee, and we pay the return freight (transit damage on business orders follows the risk-of-loss terms above). Orders cancelled before shipment get a full refund. Items labelled "Non-returnable" on the product page (certain brands and product lines, returnable only for defects or warranty issues), opened or used absorbents and kits, custom, made-to-order, discontinued and clearance items, freight and "Quote only" items, products that are regulated hazardous materials or chemicals (see the product's SDS), and items past 15 days can't be returned. Full details are in our Refund & Returns Policy.
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Product information. Specifications, images and capacities come from manufacturers. Confirm critical specifications with the manufacturer's documentation. Absorbency and capacity figures are manufacturer test ratings. Real-world performance varies with fluid type, temperature and use.
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Manufacturer warranties. Any warranty is provided by the manufacturer. We pass through to you any warranty the manufacturer provides, and we'll help with claims. WellKept Supply LLC doesn't provide its own written warranty.
DISCLAIMER OF WARRANTIES. EXCEPT FOR ANY MANUFACTURER WARRANTY PASSED THROUGH TO YOU, AND TO THE FULLEST EXTENT PERMITTED BY LAW, PRODUCTS ARE SOLD "AS IS," AND WELLKEPT SUPPLY LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF NON-INFRINGEMENT. FOR BUSINESS BUYERS, THIS DISCLAIMER IS INTENDED TO BE CONSPICUOUS AND TO EXCLUDE THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE UNDER KRS 355.2-316 (UCC 2-316). FOR CONSUMERS, THIS DISCLAIMER APPLIES ONLY TO THE EXTENT PERMITTED BY LAW. SOME STATES DON'T ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY STATE.
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Use of our website. Use our website only for lawful purposes. Don't scrape, harvest or copy its content by automated means, interfere with its operation or security, or misuse it (including placing fraudulent orders or using another person's payment method). The website's content, text, images, logos and trademarks belong to WellKept or its licensors, and you may not copy, reproduce or reuse them without our written permission. We may refuse or cancel orders, and restrict access, for misuse of the website. We may correct errors in pricing, descriptions or other content at any time, including after an order is placed (see Pricing and availability above).
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Privacy. We handle personal information as described in our Privacy Policy.
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LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW: (a) WELLKEPT SUPPLY LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DOWNTIME, CLEANUP OR REMEDIATION COSTS, FINES OR PENALTIES, OR THIRD-PARTY CLAIMS, ARISING FROM ANY PRODUCT, ORDER, DELAY OR USE OF OUR WEBSITE OR SPILL KIT FINDER; AND (b) OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO AN ORDER WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM. THESE LIMITS DON'T APPLY TO (i) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, (ii) OUR FRAUD OR WILLFUL MISCONDUCT, OR (iii) ANY LIABILITY THAT CAN'T BE LIMITED UNDER APPLICABLE LAW, INCLUDING CONSUMER RIGHTS THAT CAN'T BE WAIVED. SOME STATES DON'T ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO CONSUMERS.
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Business buyer indemnity. A business buyer will defend and indemnify WellKept Supply LLC against third-party claims, fines and costs arising from the buyer's selection, misuse, improper storage or installation, failure to train or inspect, or improper disposal of products, or the buyer's breach of these Terms, except to the extent caused by our negligence or willful misconduct.
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California Proposition 65. Some products may contain chemicals known to the State of California to cause cancer or reproductive harm. Where a manufacturer provides a Proposition 65 warning, we display it on the product page before purchase. For more information: www.P65Warnings.ca.gov.
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Force majeure. We're not liable for delays or failures caused by events beyond our reasonable control, including carrier, manufacturer or supply-chain disruptions, weather, labor actions, shortages or government action. Your rights to cancel delayed items under the Shipping Policy still apply.
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Governing law and jurisdiction. These Terms and any dispute relating to them or to any order are governed by the laws of the Commonwealth of Kentucky, and the courts of Kentucky have jurisdiction over any such dispute. Nothing in this section takes away rights you have under the consumer-protection laws of your state.
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Changes; severability; entire agreement. We may update these Terms for future orders by posting a new version with an effective date. The version in effect when you place an order applies to that order. If any provision is unenforceable, the rest remains in effect. These Terms, the Shipping Policy, the Refund & Returns Policy and the Privacy Policy are the entire agreement for website orders, unless a separate signed agreement applies.
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Contact. sales@wellkeptsupply.com · (859) 534-9715 · Monday to Friday, 9 AM to 5 PM Eastern Time · WellKept Supply, 7659 Mall Road #1115, Florence, KY 41042 (correspondence only; not a returns address)