The J. K. Kalb Company., Inc.
Effective Date: January 1, 2022
1. Introduction and Acceptance of Terms
These Terms and Conditions (“Terms”) govern all business transactions, products, and services provided by The J. K. Kalb Company., Inc. (“Company,” “we,” “our,” or “us”) to its customers.
By purchasing products or services from the Company, submitting a purchase order, entering into an agreement, or otherwise doing business with the Company, the customer agrees to be bound by these Terms.
2. Company Information
The J. K. Kalb Company., Inc.
PO Box 4101
Corpus Christi, Texas 78469
United States
Website: www.jkkalb.com
3. Business‑to‑Business Transactions
The Company primarily conducts business on a business‑to‑business (“B2B”) basis. These Terms are intended to apply to commercial and industrial customers.
4. Limited Consumer Transactions
From time to time, the Company may engage in isolated, over‑the‑counter or walk‑in sales to individual consumers for standard, off‑the‑shelf products (“Consumer Sales”).
Consumer Sales are limited strictly to product sales only and do not include professional services, installation, calibration, consulting, on‑site services, or technical advice.
To the extent required by applicable consumer protection laws, certain statutory consumer rights and warranties may apply to Consumer Sales that do not apply to business‑to‑business transactions. In all other respects, the Company disclaims liability to the fullest extent permitted by law.
5. Products and Services
Products and services are provided as agreed upon in written quotations, proposals, purchase orders, service agreements, or other written agreements between the Company and the customer.
Any terms contained in customer documents that conflict with these Terms are rejected unless expressly agreed to in writing by an authorized representative of the Company.
6. Warranties and Disclaimers
Company Services
The Company warrants that services will be performed in a professional and workmanlike manner consistent with generally accepted industry standards.
Manufacturer Products
Where the Company distributes, resells, or supplies products manufactured by third parties, such products are not manufactured by the Company and are subject solely to the warranties, if any, provided by the manufacturer. Any applicable manufacturer warranties are passed through to the customer to the extent permitted.
The Company disclaims all liability for defects in materials, workmanship, design, labeling, or performance attributable to the manufacturer.
Disclaimer of Other Warranties
EXCEPT AS EXPRESSLY STATED IN WRITING, THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. All products and services are provided “AS IS” and “AS AVAILABLE” to the fullest extent permitted by law.
7. Indemnification
The Company shall indemnify and hold harmless the customer from third‑party claims for bodily injury or tangible property damage to the extent caused by the negligent acts or omissions of the Company while performing services on the customer’s premises.
The Company shall have no obligation to indemnify claims arising from the customer’s negligence or willful misconduct, conditions at the customer’s facility not caused by the Company, manufacturer products, or the customer’s operation, use, or modification of equipment or systems.
All indemnification obligations are subject to and limited by the Limitation of Liability set forth herein.
8. Limitation of Liability
To the maximum extent permitted by law, the total cumulative liability of the Company for all claims arising out of or relating to the products or services provided—whether in contract, tort (including negligence), strict liability, indemnity, or otherwise—shall not exceed FIVE MILLION DOLLARS ($5,000,000) or the limits of insurance actually maintained by the Company at the time the claim arises, whichever is less.
In no event shall the Company be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, loss of production, loss of business, shutdown costs, or loss of use, even if advised of the possibility of such damages.
9. Insurance and Certificates of Insurance
The Company maintains commercially reasonable insurance coverage appropriate for the services performed, including general liability and umbrella coverage. Certificates of Insurance will be provided upon reasonable request where required for on‑site services.
Nothing herein shall be construed as an agreement to provide additional insured status or a waiver of liability limitations unless expressly agreed to in writing.
10. Force Majeure
The Company shall not be liable for delays or failures in performance caused by events beyond its reasonable control, including acts of God, labor disputes, supply chain disruptions, or governmental actions.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict‑of‑laws principles.
12. Entire Agreement
These Terms, together with any applicable written agreements, constitute the entire agreement between the parties and supersede all prior or contemporaneous understandings.
13. Contact Information
Questions regarding these Terms may be directed to:
The J. K. Kalb Company., Inc.
PO Box 4101
Corpus Christi, Texas 78469
United States
