Conditions of Use


Terms of Service

Overview

This website is operated by Kadee® Quality Products Co.. Throughout the site, the terms “we”, “us” and “our” refer to Kadee Quality Products Co.. Kadee Quality Products Co. offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Authorization

I authorize Kadee Quality Products Co. to charge the agreed amount listed on my online order to the payment method provided herein. I agree that I will pay for this purchase in accordance with the issuing bank or cardholder agreement. If additional charges are going to be authorized a new form will have to be completed. I certify that all information provided on the registration & order form is complete and accurate.

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least 18 years of age and mentally able to be bound by a legal contract. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services & possible legal action against you depending on severity.

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time. Our store is hosted on InMotion Hosting Server. They provide us with an online e-commerce platform that allows us to sell our products and services to you. You understand that your content (not including credit card information), will be transferred by printed copy to our internal network server and entered manually. Credit card information is always encrypted during transfer over networks, then deleted so it is not stored. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Products or Services (if applicable)

We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 4 - Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our online store. You agree to promptly update your account and other information, including your email address and phone number, so that we can complete your transactions and contact you as needed.

Section 5 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 6 - Third-Party Links

Certain content, products, and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Section 7 - User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Section 8 - Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy. Our store is hosted on InMotion Hosting Server. They provide us with an online e-commerce platform that allows us to sell our products and services to you.

Section 9 - Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 10 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 11 - Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Kadee Quality Products Co., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 12 - Indemnification

You agree to indemnify, defend and hold harmless Kadee Quality Products Co. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 13 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 14 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 15 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or with respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 16 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 673 Avenue C White City Oregon USA 97503.

Section 17 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 18 - Contact Information

Questions about the Terms of Service should be sent to us at mail@kadee.com.

Section 19 - Sales and Shipping Policy Details

Pricing and product availability are subject to change without notice.

  • Shipping Consolidators

    • Kadee doesn't ship retail orders to freight forwarders/shipping consolidators without prior account approval.
  • Shipping Options and Insurance

    • We offer calculated quotes on our online shopping cart for USPS and UPS.
    • Kadee Quality Products Co. corporately recommends the purchase of shipping insurance and states herein specifically that we are not responsible for loss or damage to any shipments after they leave our warehouse. You must purchase optional USPS or UPS shipping insurance to guarantee completed delivery or replacement options if the package does not arrive. (No form of USPS or UPS shipping insurance is available for UK, GB, IE, or ZA.)
    • Most orders placed before 12:00 PM PST Monday - Thursday or before 9:00 AM PST Friday usually ship the same business day. Orders received after 12:00 PM PST Monday - Thursday or 9:00 AM PST Friday usually will be shipped the following business day.
    • Kadee® is not responsible for shipping services transit times. Transit times are provided by the carrier, excluding weekends and holidays, and may vary with package destination, customs, and weather, particularly during peak periods.
  • USPS (United States Postal Service) Shipping

    • Domestic
      • Ground Advantage - (Least Reliable, Limited-Tracking) (Typically 2–5 business days, Alaska, Hawaii, and offshore destinations may receive slower service) Optional insurance available. Use at Your Own Risk... No Delivery Guarantee
      • Priority Mail - (Limited-Tracking) (Typically 1-3 Days) Optional insurance available.
    • International
      • First-Class Package International Service™ - (Least Reliable, Limited-Tracking, tracking isn’t available for all international locations) USPS does not guarantee delivery dates or times (Typically 2-6 weeks depending on the destination; Customs clearance can take days or weeks depending on the destination), Optional insurance is available, for most countries. Use at Your Own Risk... No Delivery Guarantee
      • Priority Mail International® - (Limited-Tracking, tracking isn’t available for all international locations) (Typically takes 6 to 10 Days - For many major markets. However, in some countries, delivery may take up to four weeks or longer, and Customs clearance can take days or weeks depending on the destination.) Optional insurance is available, for most countries.
  • UPS (United Postal Service) Shipping

    • Domestic
      • Ground - (Tracking) (1 to 7 Days depending on location)
      • 3 Day Select - (Tracking) (Delivery by the end of the third business day)
      • 2nd Day Air - (Tracking) (Delivery by the end of the second business day)
      • Next Day Air Saver (Tracking) ( Delivery by end of next business day)
    • International
      • Worldwide Express - (Tracking) (1 to 3 Days depending on location)
      • Worldwide Expedited - (Tracking) (2 to 5 Days depending on location)
  • Retail Customer Ordering

    No Minimums. No COD’S!!! Customers will be charged a handling fee & all shipping fees. All customers are responsible for all insurance, taxes, duties, or customs fees. All orders must be placed using our website ordering portal at https://www.kadee.com.

  • Domestic Dealer Terms
    Minimum $100.00 net. No discounts will be applied to orders below $100 Net. All orders will be charged shipping & handling fees. Regular surface shipping within the USA is included with a minimum $100.00 net purchase. No COD’S !!! No Drop shipping. Dealers are responsible for all insurance, taxes, duties, or customs fees.
    Payment by Visa, MasterCard, Discover, American Express, PayPal, Company Check, Cashiers Check, or Money Order in US Dollars prior to sending the fulfilled order. A returned check fee of $25 will be charged and accrued interest until paid in full. Kadee® RC products are at second-tier pricing. Registered Dealers must operate out of a commercially zoned brick-and-mortar storefront with posted business hours, selling model railroad equipment directly to the public from the storefront location, and are restricted when selling Kadee products online through their registered domain name. Dealers must re-register if they relocate or change business operations. Dealers must stay in compliance to maintain Dealer status

  • Foreign Dealer Terms
    Minimum $100.00 net. No discounts will be applied to orders below $100 Net. All orders will be charged all shipping & handling fees. No COD’S !!! No Drop shipping. Dealers are responsible for all insurance, taxes, duties, or customs fees.
    Payment by Visa, MasterCard, Discover, American Express, PayPal, Cashiers Check, or Money Order in US Dollars prior to sending the fulfilled order. Kadee® RC products are at second-tier pricing. Registered Dealers must operate out of a commercially zoned brick-and-mortar storefront with posted business hours, selling model railroad equipment directly to the public from the storefront location, and are restricted when selling Kadee products online through their registered domain name. Dealers must re-register if they relocate or change business operations. Dealers must stay in compliance to maintain Dealer status

    Dealer Ordering:
    All orders must be placed using our website's ordering portal by the dealer at https://www.kadee.com.
    Dealer Discount is applied to the online account once signed up online & we have validated Dealer status. Dealer Discounts are visible when you are logged in to your Dealer online account. $2500 international package cap.

  • Distributor Terms
    Minimum $500.00 Net. No discounts will be applied to orders below $500 Net. All orders will be charged all shipping & handling fees. No COD’S !!! No Drop shipping. A minimum level of volume must be agreed to & maintained to remain a distributor. Distributors may not sell Kadee products directly to end consumers. DISTRIBUTORS PAY ALL INSURANCE AND SHIPPING REGARDLESS OF LOCATION AND ARE RESPONSIBLE FOR ALL TAXES, DUTIES, OR CUSTOM FEES.

    Terms for distributor with an established open account:
    The invoice net amount is due in 30 days. After 31 days, the account becomes past due and a $5.00 late fee & 2% interest. No shipments will be made to past-due accounts! A returned check fee of $25 will be charged and accrued interest until paid in full.

    Terms for distributor not on open account:
    Payment by Visa, MasterCard, Discover, American Express, PayPal, Company Check, Cashiers Check, or Money Order prior to sending the fulfilled order. A returned check fee of $25 will be charged and accrued interest until paid in full.

    Distributor Ordering:
    All orders must be placed using our website's ordering portal by the distributor at https://www.kadee.com with a purchase order number &/or purchaser's name in the comment field at checkout.
    Distributor Discount is applied to the online account once signed up online & we have validated the Distributor status. Distributor Discounts are visible when you are logged in to your Distributor online account. $2500 international package cap.

  • Manufacturer Terms
    Minimum $300.00 Net. No discounts will be applied to orders below $300 Net. All orders will be charged all shipping & handling fees. No COD’S !!! No Drop shipping. Registered Manufacturers must have manufacturing facilities, run magazine ads, and package products. Manufacturers agree not to sell Kadee items as retail items. Manufacturers must stay in compliance to maintain Manufacturers status.
    Please contact Alan Vezzani for current prices. Bulk pricing is subject to change due to variable material & handling costs. OEM sales of Kadee® products are subject to management's discretion, as all products manufactured by Kadee® are not available for bulk sale. OEM prices are NET, and no further discounts are taken.

    Payment by Debit or Credit Visa, MasterCard, Discover, American Express, PayPal, Company Check, Cashiers Check, or Money Order in US Dollars prior to sending the fulfilled order. A returned check fee of $25 will be charged and accrued interest until paid in full. MANUFACTURERS PAY ALL INSURANCE AND SHIPPING REGARDLESS OF LOCATION AND ARE RESPONSIBLE FOR ALL TAXES, DUTIES, OR CUSTOM FEES.

    Manufacturer Ordering:
    All retail product orders must be placed using our website ordering portal by the manufacturer at https://www.kadee.com with a purchase order number &/or purchaser's name in the comment field at checkout. All bulk orders must be in written form with a purchase order number &/or purchaser's name either faxed, e-mailed to Kadee®, or noted in the comment field at checkout using our online ordering portal.
    Manufacturer Discount is applied to the online account once signed up online & we have validated Manufacturer status. Manufacturer Discounts are visible (on retail products only) when you are logged in to your Manufacturer online account. $2500 international package cap.

  • E-Tailer Terms
    Minimum $150.00 Net. No discounts will be applied to orders below $150 Net. All orders will be charged all shipping & handling fees. No COD’S !!! No Drop shipping.
    Registered E-Tailers must have an internet-only storefront, a registered domain name of your store, with a secure shopping cart on the website selling model railroad equipment to the public, and are restricted when selling Kadee products online through their registered domain name. E-Tailers must re-register if their domain name or business operations change. E-Tailers must stay in compliance to maintain E-Tailer status. Payment by Debit or Credit Visa, MasterCard, Discover, American Express, PayPal, Company Check, Cashiers Check, or Money Order in US Dollars prior to sending the fulfilled order. A returned check fee of $25 will be charged and accrued interest until paid in full. E-TAILERS PAY ALL INSURANCE AND SHIPPING REGARDLESS OF LOCATION AND ARE RESPONSIBLE FOR ALL TAXES, DUTIES, OR CUSTOM FEES.

    E-Tailer Ordering:
    All orders must be placed using our website's ordering portal by the e-tailer at https://www.kadee.com.
    E-Tailer Discount is applied to the online account once signed up online & we have validated E-Tailer status. E-Tailer Discounts are visible when you are logged in to your E-Tailer online account. $2500 international package cap.

Section 20 - Disclaimer of Language Translation

Automated language translation may miss the context, the full meaning may be lost, or words may be inaccurately translated. As a result, Kadee® cannot guarantee the accuracy of the converted text. Anyone relying on information obtained from auto language translation services does so at their own risk. Kadee® disclaims and will not accept any liability for damages or losses of any kind caused by the use of the auto language translation services. Where there is any question, the "US English" version is always the authoritative version of the website.