Terms And Conditions

PRIVACY POLICY top

Last Revised: May 2, 2016

Kent Automotive, a division of Lawson Products, Inc. (Ontario), (“Kent Automotive”) recognizes the importance of your right to privacy. We are committed to maintaining the privacy and security of any Personal Information we collect about you. It is an important aspect of the way Kent Automotive conducts its business.

The purpose of this Privacy Policy is to describe to you the types of information we gather, when and why we collect it, how we use this information, how you can access and update your information and when we share it with third parties.

This Privacy Policy applies to the Personal Information of all individuals, except employees or potential employees. For employees or persons who seek to be employed, such information is covered by the Kent Automotive’s Code of Conduct which can be obtained by contacting our Privacy Officer at info@kent-automotive.com.

Your privacy matters to us, so please do take the time to get to know our practices – and if you have any questions, please contact our Privacy Officer at info@kent-automotive.com.

Privacy Policy Effective for Canada

It is the policy of Kent Automotive to comply with the privacy legislation within each jurisdiction in which we operate. Sometimes the privacy legislation and/or an individual's right to privacy are different from one jurisdiction to another. This Privacy Policy covers only those activities that are subject to the provisions of Canada's federal and provincial privacy laws, as applicable.

This Privacy Policy has a limited scope and application. Consequently, the rights and obligations contained in this Privacy Policy may not be available to all individuals or in all jurisdictions.

What Personal Information do We Collect and When?

"Personal Information" is any information that is about you or could be used to identify you, such as your name, telephone number(s), address(es), credit card number and expiry date, email address, pages viewed on our website, your purchasing history and any other personally identifiable information that you choose to provide to Kent Automotive. We do not collect your birth date or age.

We collect Personal Information about you when you voluntarily provide it over the telephone, when you speak to a sales representative, when you subscribe to our mailing list, when you make enquiries by email, when you submit information or make a purchase or enquiry on our website www.kent-automotive.ca or through a sales representative, or when you browse our website through the use of Cookies (defined below).

How We Collect Your Personal Information and for what Purpose?

On the Phone

When you call us by telephone to request information, you may choose to provide us with your name, email address, mailing address or telephone numbers, for the purposes of receiving information from Kent Automotive and communications in written and electronic email form regarding Kent Automotive’s products and services, such as responses to enquiries, letters, news, updates and invitations. This Personal Information may be transferred outside Canada to our United States affiliate, Lawson Products, Inc., and will continue to be subject to this Privacy Policy. We will not disclose this Personal Information to any other third parties except as outlined in this Privacy Policy. Subject to our data retention policy and legal obligations, this Personal Information will be stored by us until such time as you wish to unsubscribe from our contact list.

If you wish to unsubscribe from further communications at any time you may do so by contacting us by e-mail at info@kent-automotive.com.

At Time of Purchase

When you complete a purchase on the telephone, with a sales representative, or online on our website, we may collect your name, email address, mailing address(es), telephone numbers, payment card numbers and expiry dates and purchase history for the purposes of processing and completing your purchase transaction, processing and collecting your payment, fulfilling our legal obligations, communicating with you regarding orders, delivery and product repairs, understanding your preferences so that we may serve you better and improve upon our operational efficiencies, to recommend particular products or services to meet your needs and desires and to keep you informed of special promotions, product offerings and events at Kent Automotive. We permit you to use a credit card to pay for products. We accept Visa, MasterCard and American Express using a PCI-compliant process. We use a third party service provider to process your credit card payment.

Your name, contact information and purchase history may be transferred outside Canada to our United States affiliate, Lawson Products, Inc., and will continue to be subject to this Privacy Policy. We will not disclose this Personal Information to any other third parties except as outlined in this Privacy Policy. Your name, contact information and purchase information will be stored by Kent Automotive for so long as is reasonably necessary to fulfill our business and legal obligations pertaining to your transactions and our data retention requirements.

Website

When you visit our website you agree to the Website Terms of Use which includes this Privacy Policy. When you open an account or fill out an electronic form to subscribe to receive information from Kent Automotive, you may choose to provide us with your name, email address, mailing address(es) or telephone number(s), for the purposes of receiving information from us in written and electronic email form regarding Kent Automotive’s products and services, such as letters, news, updates, invitations and promotions. This Personal Information may be transferred outside Canada to our United States affiliate, Lawson Products, Inc., and will continue to be subject to this Privacy Policy. We will not disclose this Personal Information to any other third parties except as outlined in this Privacy Policy. Subject to our data retention policy and legal obligations, this Personal Information will be stored by us until such time as you wish to unsubscribe from our contact list.

Cookies

When you browse our website, small data files known as "Cookies" will be sent to your browser and stored on your computer's hard-drive, unless you have disabled Cookies. We use Cookies to facilitate site-navigation, to customize the information that appears on www.kent-automotive.ca, to track your use of our website and preferences, to keep track of items in your online shopping cart and to complete purchases. Most browsers accept Cookies automatically, but can also be configured not to do so or to indicate when a Cookie is being sent. We recommend that you do not disable your browser from accepting Cookies, as it will prevent you from moving freely from page to page and from taking advantage of all of the features of the website. If you disable Cookies, our website may not work correctly and you will not be able to complete online purchases. Our Cookies do not contain any personally identifying information other than your IP address, unique identifiers to track user behavior, domain used to access our website, your server location, the pages on our website that you visited, your preferences and purchasing history with Kent Automotive. We use this Personal Information collected by Cookies for the purposes of monitoring our website's performance and traffic (such as number of visits, average time spent, page views), improving your website experience, to allow you to access certain areas of our website, and to maintain, protect, upgrade and improve our website. We do not sell your Personal Information. This Personal Information may be transferred outside Canada to our United States affiliate, Lawson Products, Inc., and will continue to be subject to this Privacy Policy. We will not disclose this Personal Information to any other third parties except as outlined in this Privacy Policy. Subject to our data retention policy and legal obligations, this Personal Information will be stored by us and our United States affiliate, Lawson Products, Inc., until such time as you delete your Cookies.

Links

Our website may contain links to other third party websites. Kent Automotive has no control over the content, policies or actions of those websites. The use of any information you may provide to third parties on other websites, or which such parties may otherwise collect on other websites, is not governed by this Privacy Policy. You should carefully review the privacy policies of any third party websites and contact the operators of those websites if you have any questions about their collection, use, storage or disclosure of your information. Kent Automotive cannot be responsible for how such third party websites, or their affiliates or agents, collect, use, store or disclose your Personal Information.

Email and Telephone Enquiries

When you send us an email enquiry or make a telephone enquiry, you may choose to provide us with your name, email address, mailing addresses or telephone numbers, for the purposes of our administering and responding to your enquiry and contacting you with recommendations for particular products or services to meet your needs and desires. This Personal Information may be transferred outside Canada to our United States affiliate, Lawson Products, Inc., and will continue to be subject to this Privacy Policy. We will not disclose this Personal Information to any other third parties except as outlined in this Privacy Policy. Subject to our data retention policy and legal obligations, this Personal Information will be stored by us and our United States affiliate, Lawson Products, Inc., until such time as you wish to unsubscribe from our contact list.

When may Kent Automotive disclose Personal Information?

Kent Automotive treats the Personal Information of its customers with the strictest confidentiality. We will never sell, trade, rent or lease your Personal Information to any other organization. We will only transfer or disclose Personal Information as required by law, to Service Providers (defined below); to our affiliates; as described in this Privacy Policy; or as you may consent. We may collect, use, store or disclose your Personal Information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.

Transfer of your Personal Information Outside Canada

Kent Automotive is a division of Lawson Products, Inc. (Ontario) which is a subsidiary of Lawson Products, Inc. (a holding company incorporated in Delaware) and an affiliate of Lawson Products, Inc. (a corporation incorporated in Illinois). As part of its routine operations, Kent Automotive will transfer your Personal Information to Lawson Products, Inc. (the Illinois corporation) to assist managing customer relationships or to inform you of other products which we believe may be of interest to you. Our Service Providers (defined below) provide services in relation to the data outside of Canada. If you would like information on this, please contact the Privacy Officer.

Your Personal Information will be processed in the United States and will be stored in servers on Kent Automotive’s behalf that are hosted in the United States. Your Personal Information may be subject to the laws of the United States which may have different data protection laws than Canada. Under the laws of the United States, in certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in the United States may be entitled to access your Personal Information. By providing us with any Personal Information, you acknowledge that it will be transferred outside Canada and you consent to the transfer of your Personal Information to servers located in the United States.

Service Providers

Kent Automotive uses trusted third parties to act on our behalf to assist us to manage our customer relationships by performing such functions as sales, processing credit card payments, and managing our website and our information technology systems and databases ("Service Providers"). We may share your Personal Information with our employees and Service Providers who require such information to assist us with performing our obligations and managing our relationship with you. When we retain Service Providers, contractual or other appropriate means are used to ensure compliance by such third parties with this Privacy Policy and Canadian privacy laws including implementing security measures to protect your Personal Information and that the Service Provider will not use, store or disclose the Personal Information you provided to Kent Automotive for any other purpose.

Other Disclosures

Kent Automotive also may disclose Personal Information about you in order to: protect or enforce the legal rights, privacy or safety of our employees, agents, and contractors; protect the safety and security of visitors to our website; protect against fraud or other illegal activity, unauthorized resale or for risk management purposes; collect debts; respond to inquiries or requests from government or public authorities in any country in which we operate, including the United States, permit us to pursue available remedies or limit the damages that we may sustain; enforce our Terms of Use or the terms and conditions applicable to any contest, promotion or program; or comply with applicable laws or legal process.

In the unlikely event of a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of the business, assets or stock of Lawson Products, Inc. (Ontario), your Personal Information may be among the transferred business assets and may be disclosed to other parties to the transaction. We may disclose your Personal Information to any potential purchaser of our business subject to ensuring that they comply with the terms of this Privacy Policy and are bound by duties of confidentiality and agree to return or delete and Personal Information if the transaction is not completed or notify you if the transaction is completed.

Consent

It is important to us that we collect, use or disclose your Personal Information where we have your consent to do so. Depending on the sensitivity of the Personal Information, your consent may be implied, deemed (using an opt-out mechanism) or express. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from your action or inaction.

By choosing to provide us with your Personal Information, Kent Automotive will assume your consent to its collection, use or disclosure of your Personal Information in accordance with the purposes outlined in this Privacy Policy and as may be further outlined at the time of collection.

When you purchase an item, you consent to the collection, use and disclosure of your Personal Information for purposes related to that transaction and as set out in this Privacy Policy and for any other purposes identified to you at the relevant time.

As a general rule, Kent Automotive collects Personal Information directly from you. In those circumstances where any Personal Information about you is collected by, or received from, a third party (e.g. as part of an investigation), we will ensure we have your consent before we receive this information from such sources (such consent may be given directly by you, or implied from your actions) or we will take reasonable steps to ensure that such third parties have represented to us that they have a right to disclose that information to us.

Where permitted or required by applicable law or regulatory requirements, we may use, collect, store and disclose information about you without your knowledge or consent.

We assume that, unless you advise us otherwise, by providing us with your Personal Information directly, and if you decide to use the Website, which is governed by the Website Terms of Use posted on the website, you consent to the collection, use and the disclosure of your Personal Information by Kent Automotive on the terms described in this Privacy Policy.

Additionally, at the time you provide your contact information, you will be given the opportunity to expressly consent to receiving information electronically by email at the email address(es) which you have provided to Kent Automotive, concerning any Kent Automotive products or services, promotions, newsletters, updates or other customer related materials. All communication to you by email will include an option for you to unsubscribe and withdraw your consent to receive electronic communications at any time.

You may also withdraw or vary your consent to the collection, use and disclosure of your Personal Information at any time, subject to Kent Automotive's legal or contractual restrictions, by contacting our Privacy Officer using the contact information set out below. All communications with respect to such withdrawal or variation of consent should be in writing and sent to info@kent-automotive.com. In some circumstances, if you choose not to provide Personal Information, or if you request a change or withdrawal of consent, our ability to provide products or services to you may be severely limited or made impossible.

Security and Retention

Kent Automotive endeavors to maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of the Personal Information in question. These safeguards are designed to prevent your Personal Information from loss and unauthorized access, copying, use, modification or disclosure. Please be aware, however, that no data transmission over the Internet is 100% secure and any information disclosed online can potentially be collected and used by persons other than the intended recipient and may be subject to data corruption, interception and delays.

The security of your Personal Information is important to us, so please advise the Privacy Officer immediately should you become aware of any incident involving the loss or unauthorized access to or disclosure of Personal Information that is in our custody or control.

Personal Information will be retained only for so long as is reasonably necessary for the fulfillment of the purposes for which it was collected, or as required by law and Kent Automotives’ record keeping policies. All destruction or removal of Personal Information from our records is done securely in accordance with Kent Automotive’s record keeping policies with due regard to the sensitivity of the information concerned. We may retain for archival, record keeping, risk management and fraud prevention purposes, copies of communications with you through the Kent Automotive’s website, by email, over the phone or in person, and any response to questions or comments sent to you by us.

Accuracy

Kent Automotive will make reasonable efforts to ensure that Personal Information of individuals is as accurate, complete and up-to-date as is necessary for the purposes for which it is to be used, but we also rely on you to provide us with any changes to your Personal Information, and in particular to your contact information.

Access and Changes to your Personal Information

You may ask Kent Automotive to correct, update or delete (subject to our data retention requirements) any information you have provided to us by contacting the Privacy Officer at info@kent-automotive.com. If applicable, you should be sure to provide Kent Automotive with any updates and changes to your information, including any changes to your postal or e-mail address to ensure that your orders are shipped to the correct address and that we can contact you about your order if necessary.

Your request should be in writing. Kent Automotive will respond promptly and will implement any unsubscribe request within 10 business days, or otherwise be in contact with you within 30 days, of receiving your request. It will amend any inaccuracy or incompleteness of Personal Information as required. Any unsatisfied requests shall be recorded by us. Specific requests for information can be directed to the info@kent-automotive.com, and the information will be released within a reasonable time at minimal or no cost to you, depending on the nature of your request. If you have a sensory disability, we will work with you to provide you access to your Personal Information in an alternative format.

Kent Automotive may not be able to provide you with access to your Personal Information in certain circumstances. There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the Personal Information that we hold about you. In addition, the Personal Information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices.

In the event that we cannot provide you with access to your Personal Information, we will endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions.

Inquiries or Concerns

You may contact us with any questions, complaints, concerns or suggestions with respect to any potential inaccuracies in the Personal Information you provided to Kent Automotive, or about our compliance with this Privacy Policy or applicable privacy legislation, including with respect to the transfer and storage of Personal Information outside Canada. Kent Automotive is committed to providing the highest quality of service, and so, considers all requests serious and will investigate any complaints or concerns thoroughly. Please contact the Privacy Officer at the address below.

If you are not satisfied with the response of our Privacy Officer, your complaint can be escalated further. Contact us for more information about the appropriate Privacy Commission you may choose to contact.

Changes and Updates to Policy

This Privacy Policy reflects Kent Automotive’s current business practices, and may be changed or updated at any time without notice, effective immediately upon revision. You should periodically check our website to remain informed about the most current Privacy Policy. The Privacy Policy posted at any time shall be deemed to be the Privacy Policy then in effect.

From time to time, we may make changes to this Privacy Policy to reflect changes in Kent Automotive’s legal or regulatory obligations or in the manner in which we deal with your Personal Information. We will post any revised version of this Privacy Policy on our website and we encourage you to refer back to it on a regular basis.

Privacy Officer

Kent Automotive, in its commitment to privacy, has appointed a qualified member of our team as Privacy Officer. The Privacy Officer is available to offer more information on our practices and policy, to ensure compliance and rectify any complaints. To communicate with the Privacy Officer, please see the contact information below.

Contact Us

If you have any questions, comments or concerns about privacy at Kent Automotive or to withdraw your consent for the use of your Personal Information please contact our Privacy Officer:

Neil E. Jenkins

Executive Vice President, Secretary, General Counsel,

and Chief Compliance Officer

Lawson Products, Inc.

8770 W. Bryn Mawr Ave. - Suite 900

Chicago, IL 60631

Direct: 773.304.5208

Email: neil.jenkins@lawsonproducts.com

Interpretation of this Privacy Policy

Any interpretation associated with this Privacy Policy will be made by our Privacy Officer. This Privacy Policy includes examples but is not intended to be restricted in its application to such examples, therefore where the word "including" is used, it shall mean "including without limitation".

This Privacy Policy does not create or confer upon any individual any rights, or impose upon Kent Automotive any obligations outside of, or in addition to, any rights or obligations imposed by Canada's federal and provincial privacy laws, as applicable. Should there be, in a specific case, any inconsistency between this Privacy Policy and Canada's federal and provincial privacy laws, as applicable, this Privacy Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws.


This Privacy Policy was last updated May 2016.


WEBSITE TERMS OF USE top

Last Revised: May 2, 2016

Thank you for visiting this website (“Site”). By using this Site, you agree to these Terms of Use which govern your use of any website owned by Kent Automotive, a division of Lawson Products, Inc. (Ontario) (“Kent Automotive”).

Your Consent to Our Privacy Policy: By agreeing to these Terms of Use, you agree to the terms of our Privacy Policy (located at www.kent-automotive.ca) which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

Ownership of this Site and its Content: This Site, including all its content, is protected under applicable intellectual property and other laws, including without limitation the laws of Canada and other countries. All content and intellectual property rights therein are the property of Kent Automotive or the material is the property of a third party and is protected pursuant to applicable copyright and trademark laws. You do not acquire ownership rights to any content viewed through this website. Except as otherwise provided herein, none of this content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

You are hereby granted, subject to these Terms of Use, a limited, non-exclusive, non-transferable license to view the screens and materials on this Site and to print only a limited number of copies of such screens and materials as is needed for your own non-commercial use in order to make a purchasing decision and to use the eCommerce functionality of the Site to make purchases subject to the Terms and Conditions of Sale (located at www.kent-automotive.ca) which is expressly incorporated herein.

This Site contains trademarks, service marks, trade dress, logos, product and service names, and graphics (collectively, “Trademarks”) that are owned by Kent Automotive or by third parties. You are not authorized to display copy or use the Trademarks in any manner without the prior written permission of the rights owner.

Your Account: To access the Site or some of its resources, you may be asked to provide certain registration details. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with or use the Site, including any interactive features, are governed by our Privacy Policy.

If you are provided with or create a user name, password or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify Kent Automotive immediately of any unauthorized access to or use of your user name or password or any other breach of security.

You certify, represent and warrant that all purchases made by employees/agents of your organization utilizing your Kent Automotive account number are authorized purchases of your organization and are governed by Kent Automotive’s Terms of Sale.

Kent Automotive has the right to disable any user name, password or other identifier whether chosen by you or provided by us at any time in our sole discretion for any or no reason, including if, in Lawson Product’s opinion, you have violated any of these Terms of Use.

Submissions: You agree that all product reviews, ratings, remarks, suggestions, ideas, graphics or other information communicated to Kent Automotive through this website (“Submissions”) shall be the property of Kent Automotive. You hereby irrevocably transfer, assign and convey to Kent Automotive all right, title and interest in any Submissions. Kent Automotive will not be required to treat any Submissions as confidential and will not be liable for any similarities of your Submissions to any future business operations of Kent Automotive. Without limitation, Kent Automotive will have exclusive ownership of all present and future existing rights to the Submissions of every kind and nature. You represent and warrant that you own or have all rights in and to your Submissions and have the right to assign them to Kent Automotive, and that all of your Submissions comply with these Terms of Use.

Prohibited Uses: You agree not to:

  • Use this Site in any manner that could disable, overburden, damage or impair the Site or interfere with any other party’s use of the Site including their ability to engage in real time activities through the Site
  • Use any robot, spider or other automatic device process or means to access the Site for any purpose including monitoring or copying any of the material on the Site
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent
  • Use any device, software or routine that interferes with the proper working of the web
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the web or the server on which the Site is hosted
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack
  • Attempt to interfere with the proper working of the Site
  • Use the Site to fraudulently misrepresent yourself as a bona fide purchaser

Disclaimer of Warranties: Although Kent Automotive has attempted to provide accurate information on the Site, Kent Automotive assumes no responsibility for the accuracy of the information. Kent Automotive may change products or services at any time without notice. YOUR USE OF THIS SITE AND ITS CONTENT IS AT YOUR OWN RISK. ALL INFORMATION PROVIDED ON THIS SITE IS PROVIDED “AS IS”AND “AS AVAILABLE”. KENT AUTOMOTIVE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, NEITHER KENT AUTOMOTIVE NOR ANY PERSON ASSOCIATED WITH KENT AUTOMOTIVE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE OR THAT THE SITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability: IN NO EVENT WILL KENT AUTOMOTIVE, ITS SUBSIDIARIES, AFFILATES OR THEIR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE, ANY WEBSITES LINKED TO IT OR ANY CONTENT ON THE SITE. KENT AUTOMOTIVE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR DAMAGES RESULTING FROM USE OR RELIANCE ON THE INFORMATION PRESENTED EVEN IF KENT AUTOMOTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH JURISDICTIONS. OUR LIABILITY IS LIMTIED TO THE FULLEST EXTENT OF THE LAW.)

Indemnity: You agree to indemnify, defend (with counsel acceptable to us), and hold Kent Automotive, its subsidiaries, and affiliates, and their respective officers, agents, partners, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any material that you post using this Site causes us to be liable to another. Kent Automotive reserves the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

Links to Third-Party Websites: This Site may provide links to other websites operated by third parties. Because Kent Automotive has no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Kent Automotive shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms of Use do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.

Modification and Discontinuation: We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently, this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof), with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.

Waiver: Our failure at any time to require performance of any provision of these Terms of Use or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Kent Automotive of any breach of any provision of these Terms of Use or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms of Use.

Severability: If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of these Terms of Use will remain in full force and effect.

Governing Law, Jurisdiction and Venue: These Terms of Use will be governed under the laws of the State of Illinois without regard to its conflicts of law provisions.

Entire Agreement: These Terms of Use, the Privacy Policy, the Terms of Sale and all other terms and conditions posted on this website, or to which you agree as part of any program, promotion, or special feature administered by Kent Automotive through this website constitute the sole and entire agreement between you and Kent Automotive with respect to the website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral with respect to the website.

Contact Us: If you have any questions about this website or these Terms of Use, please contact us at our email address: info@kent-automotive.com

TERMS AND CONDITIONS OF SALE top

Last Revised: January 24, 2017

Welcome to Kent Automotive, a division of Lawson Products, Inc. (Ontario), (“Kent Automotive”). Thank-you for doing business with us. The following Terms and Conditions of Sale apply to all purchases and sales. Your purchase means you have accepted our Terms and Conditions of Sale in effect as of the date of purchase. Please read these Terms and Conditions of Sale carefully. Any other terms and conditions contained in any customer purchase order are not binding unless expressly agreed to by an officer of Kent Automotive in a separate document. We reserve the right to impose purchase restrictions or limits at any time and to accept or reject any order. Kent Automotive limits the sale of the products offered here to use by businesses and government entities. We do not sell to consumers.

Kent Automotive’s Terms of Website Use and Privacy Policy can be found at www.kent-automotive.ca and are hereby incorporated by reference.

Our catalog constitutes an original work. The catalog and the selections and arrangements of data therein compiled by Kent Automotive are protected works and compilations under the U.S Copyright Act. All rights in Kent Automotive catalogs are reserved by Kent Automotive.

PRICING AND OTHER CHARGES

Product Pricing: Prices listed are wholesale and are effective upon publication (or immediately when displayed on our website) and are subject to change without notice. All prices are quoted in Canadian dollars. We reserve the right to pass on any surcharges.

Other Charges: All orders are subject to applicable shipping, freight, taxes and processing charges. Shipping charges for ground service on all stocking orders are determined by using a flat rate table. This simplified table approach gives Kent Automotive the ability to quote freight at the time of the order. Flat table charges are intended to approximate average cost to process and ship a package. In some cases, shipping charges may be less than or greater than Kent Automotive' actual cost to process and ship. There are no additional charges for split shipments on stocking orders. Shipping charges for non-stocking orders and premium shipping services will be subject to additional charges. Carriers may impose surcharges, which vary by carrier and may change at the carrier's discretion. Kent Automotive will pass on surcharges to the customer. Freight rates and surcharges may vary by geographic location. This freight policy may change in the future.

Minimum Order: $50 (Canadian dollars). You may be charged the minimum $50 on any order with a merchandise value of $50 or less.

PAYMENT TERMS

Standard Terms: For open account customers with established credit, standard terms are 1% ten (10) days, net thirty (30) days from date of invoice. If an open account customer fails to make full payment within thirty (30) days from date of invoice, Kent Automotive may defer any further shipments or other orders, or cancel any portion of an unshipped order. Kent Automotive further reserves the right to charge interest on overdue invoices at the rate of 18% per annum (1.5% monthly) or at the highest rate available under applicable law. All payments must be made in Canadian dollars. It is understood and agreed that you will pay, to the extent permitted under law, all reasonable costs and expenses, including attorney's fees, collection agency fees and court costs incurred by us in connection with any collection action for payment of the amounts due herein. Kent Automotive has the right of set-off and deduction for any amounts owed by customer to us.

Authorized Payment Methods: Kent Automotive makes available certain payment methods through which you can provide payment information to us when you pay for your order (“Authorized Payment Methods”). Our Authorized Payment Methods are: providing payment information by telephone, providing payment information through our website checkout page, and providing payment information through a customer initiated electronic fund transfer. Kent Automotive has implemented physical, technological and administrative safeguards to protect the information that you provide using one of these Authorized Payment Methods. If you do not use an Authorized Payment Method, and you submit payment information through some other method (such as via email or fax), then the safeguards provided by our Authorized Payment Method will not protect your payment information, and you provide such information at your own risk. We accept checks, C.O.D. and most major credit cards. We do not accept cash.

Security Interest: Customer hereby grants to Kent Automotive a first priority purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to Kent Automotive. Customer agrees to file, or permit Kent Automotive to file, any financing statements or other appropriate documents with governmental authorities to perfect the validity, priority, and enforceability of Kent Automotive' lien or security interest.

DELIVERY: All orders are shipped F.O.B. from Kent Automotive’s distribution facility or manufacturer's facility for drop shipments. Title and risk of loss pass to customer on delivery to the common carrier or upon customer pickup. Kent Automotive uses various carriers for different regions. Other terms and conditions may apply for other than standard ground delivery (“Other Freight Services”), including, without limitation, expedited same day delivery, air freight, freight collect, export orders, hazardous materials, customer’s carrier, shipments outside Canada or other special handling by the carrier. Any charges incurred for Other Freight Services must be paid by customer.

WARRANTIES

Limited Warranty: ALL PRODUCTS SOLD ARE WARRANTED BY KENT AUTOMOTIVE TO CUSTOMERS SOLELY FOR USE IN BUSINESS OR GOVERNMENT. KENT AUTOMOTIVE WARRANTS PRODUCTS AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF ONE (1) YEAR AFTER THE DATE OF PURCHASE FROM US, UNLESS OTHERWISE STATED. IF A PRODUCT IS ACCEPTED FOR RETURN UNDER THIS ONE YEAR LIMITED WARRANTY POLICY, WE MAY, AT OUR OPTION: (I) REPAIR; (ii) REPLACE; OR (iii) REFUND THE AMOUNT PAID BY CUSTOMER FOR THE PRODUCT. SUCH REPAIR, REPLACEMENT, OR REFUND OF AMOUNTS PAID BY CUSTOMER FOR THE PRODUCT SHALL BE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FROM KENT AUTOMOTIVE.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY: EXCEPT AS SET FORTH HEREIN, KENT AUTOMOTIVE MAKES NO WARRANTIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED WITH RESPECT TO THE PRODUCTS OR SERVICES PROVIDED BY KENT AUTOMOTIVE. KENT AUTOMOTIVE DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANSHIP, QUALITY, DURABILITY, SUITABILITY, OR NON-INFRINGEMENT. KENT AUTOMOTIVE ALSO DISCLAIMS LIABILITY FOR PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION OR PRODUCT MODIFICATION. KENT AUTOMOTIVE’ OBLIGATION IS LIMITED ONLY TO REPLACEMENT OF DEFECTIVE PARTS OR, AT OUR SOLE OPTION, TO REFUND THE PURCHASE PRICE OF PRODUCTS OR SERVICES. IN NO EVENT SHALL KENT AUTOMOTIVE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THE PURCHASE OF PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED OPPORTUNITY OR PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Kent Automotive is also not responsible for computer, internet or electronic interruptions, strikes, labor slowdowns, war, terrorism, riots, extreme weather conditions, natural disasters or any other forces beyond our reasonable control.

Catalog Errors: Although all information in Kent Automotive catalogs has been carefully checked for accuracy, errors and omissions occasionally occur and therefore are subject to correction. We regret any inconvenience.

RETURN POLICY

If you are not satisfied with a product, please contact us. We will promptly provide an exchange or refund (subject to quality assurance) for products returned (except for custom and hazardous materials) within ninety days of shipment that are in original packaging, in standard package quantity, in resalable condition and with proof of purchase from Kent Automotive. To return merchandise, you must request a Return Merchandise Authorization (“RMA”) from our Customer Service Department which is subject to our approval. Some merchandise is excluded from return. Exclusions include, but are not limited to, discontinued items, partial assortments, safety items, first aid items, consumable items, hazardous materials (including but not limited to lithium batteries, and flammable or corrosive substances) and specially ordered or custom made materials. Restocking fees may apply for items returned that are not in the standard package quantity, original packaging or in resalable condition or that have not been assigned a RMA. Customers are required to inspect all hazardous materials deliveries prior to acceptance of delivery. Once hazardous materials or non-hazardous materials that can become hazardous waste (e.g. broken light bulbs, leaking products) are accepted for delivery by you, Kent Automotive is unable to take these items back. Shipping hazardous materials without authorization, using a Kent Automotive prepaid return shipping label, can subject you to civil or even criminal penalties and fines by the appropriate federal agencies including the US Department of Transportation.

ENVIRONMENTAL AND SAFETY

Compliance with Laws: Many provinces and localities have codes and regulations governing sale, offering for sale, distribution, construction, installation and use of products for certain purposes and/or containing certain regulated substances, which may vary from those in neighboring areas. Kent Automotive relies upon information provided by its manufacturers and suppliers to ensure that the products are compliant with the laws of the jurisdiction into which the product is shipped. The information provided by the manufacturer/supplier as to the ability of the product to be sold or distributed in any particular jurisdiction is believed by Kent Automotive to be accurate, however, Kent Automotive shall not be responsible for how products are used or installed or for the product's conformance to national, regional, provincial, or local codes or regulations. Customer has the sole responsibility for compliance with all applicable codes, regulations and laws regarding the purchase, use or installation of the products.

The following are examples (but not a complete list) of prohibitions that may apply:

VOC (Volatile Organic Compounds) Limits: Kent Automotive may be prohibited from offering certain products due to restrictions or requirements of various federal, provincial, local and other authorities having jurisdiction in these matters. VOC restrictions may change without notice. Customers should consult the regulations applicable to these products to ensure compliance. Kent Automotive relies on the manufacturer regarding the VOC content of their products and makes no representation or warranties regarding the information provided by the manufacturer.

Mercury Containing Products: Some products may contain mercury and may, therefore, be subject to federal, provincial, or local regulations regarding their purchase, use, handling and/or disposal. Customers should consult the regulations applicable to their operations regarding these products. Kent Automotive relies on the manufacturer regarding the mercury content of their products and makes no representations or warranties regarding the information provided by the manufacturer.

Lead Containing Products: Some products may contain lead and Kent Automotive may, therefore, be prohibited from offering, stocking or shipping them to/from certain jurisdictions due to applicable restrictions. Customers should consult the regulations applicable to their operations regarding these products. Kent Automotive relies on the manufacturer regarding the lead content of their products and makes no representations or warranties regarding the information provided by the manufacturer.

Handling and Disposal: Numerous federal, provincial, and local codes, regulations and laws may apply to the disposal of products. Customer is solely responsible for proper handling and disposal of purchased items and should review and ensure compliance with all such codes, regulations and laws.

EXPORT CONTROLS

Kent Automotive’s products and services are subject to Canadian and U.S. export control laws, regulations and administrative policies. Customer acknowledges that it is familiar with such laws and regulations and it agrees to abide by them in all respects. Diversion of products and/or services contrary to Canadian or U.S. law is prohibited. Customer understands that a license, written approval or other authorization may be required from the Bureau of Industry and Security of the U.S. Department of Commerce, the Directorate of Defense Trade Controls of the U.S. Department of State or other U.S. government agency prior to the export or reexport of these items from the United States. Customer further understands that it is unlawful to export, reexport or transfer, or to attempt to export, reexport or transfer these items to individuals or entities on the List of Debarred Parties, Denied Persons List, Specially Designated Nationals List, Entity List, Unverified List or Nonproliferation Sanctions List, as well as sales or transfers to embargoed countries. It is the customer's responsibility to be aware of these lists and embargoes.

MISCELLANEOUS

Independent Contractors: Kent Automotive and Customer are independent contractors and not principal and agent. Nothing contained in these terms and conditions shall be construed to create a partnership, dealership, reseller, agency, employment or joint venture relationship. Customer will not have the right to bind or otherwise obligate Kent Automotive in any manner, nor will Customer represent to anyone that it has the right to do so.

Assignment: Customer shall not assign any order, or any interest therein, without the prior written consent of Kent Automotive. Any actual or attempted assignment without our prior written consent shall entitle us to cancel your order upon notice.

Electronic Commerce: If Kent Automotive and Customer mutually agree to use an Electronic Data interchange ("EDI") system to facilitate purchase and sale transactions, Customer agrees that it will not contest: (i) any contract of sale resulting from an EDI transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of EDI records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. Kent Automotive and Customer will negotiate and agree on technical standards and methods to use in making EDI purchases, and will use reasonable security procedures to protect EDI records from improper access. In the event of a conflict, the business records maintained by Kent Automotive regarding EDI purchases made by Customer shall be deemed to be conclusive.

Intellectual Property

Customer shall have no right to copy or use any of the intellectual property of Kent Automotive or its suppliers without Lawson Product’s permission. All materials contained in Kent Automotive Catalogs and Kent Automotive's website are subject to the ownership rights of Kent Automotive and its suppliers.

Performance of Services

In conjunction with Customer's purchase of products, Kent Automotive may perform certain services for Customer off-site or on Customer's premises such as delivering, inventory management, or putting-away product (collectively, the "Services"). Customer will hold harmless and indemnify Kent Automotive, its officers, directors, employees, agents, subcontractors or representatives from and against any and all claims, including bodily injury, death, or damage to personal property, and all other losses, liabilities, obligations, demands, actions and expenses, whether direct or indirect, known or unknown, absolute or contingent, related to performance of Services for Customer (including without limitation, settlement costs, attorneys' fees, and any and all other expenses for defending any actions or threatened actions).

Waiver

Our failure at any time to require performance of any provision of these Terms and Conditions of Sale or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Kent Automotive of any breach of any provision of these Terms and Conditions of Sale or any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms and Conditions of Sale.

Severability: If any provision of these Terms and Conditions of Sale are held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms and Conditions of Sale will remain in full force and effect.

Governing Law, Jurisdiction and Venue: These Terms and Conditions of Sale will be governed under the laws of the State of Illinois without regard to its conflicts of law provisions.