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Terms of Use

This page explains the Terms for Orders, Use of This Website, Kohler Generator Sales, Service, Parts, Maintenance, Warranty, and other Services from ColburnPower.com, Colburn Power & Recreation, and/or Colburn Electronic Controls, LLC.

 

Blocked from our site? If our server is automatically redirecting you to this page and you are unable to navigate our site, then our server's security algorithm has determined that at least one device on your network has been used to access our site in a way that is prohibited by the "Terms Of Use Of The Site" that are outlined below, and therefore your network has been blocked from accessing the site contents.  If you feel our server made an inaccurate assessment of your network's activity on this site and you need to contact us, please email us at service@colburnpower.com. 

 

Here are the Terms for Your Orders, along with Our Contact Information and our overall Terms of Use and Conditions For Using this Site. 

 

Terms for Orders:

 

We look forward to hearing from you, and we welcome every inquiry you have by phone, e-mail, fax, SMS text message, Skype, or postal mail.

 

All of the parts listed on ColburnPower.com are new genuine Kohler parts, and the part lead times and availability from our distribution warehouses and the Kohler factory can differ for some parts time to time.  Every part on ColburnPower.com features an Additional Information tab on the product pages that displays that part’s typical small quantity fulfillment lead time and states “Please Call to Confirm Availability”, please notice and utilize this feature to ensure your fulfillment expectations are met.

 

New (unused and sealed/unopened without damage) parts returns are allowable in some cases only, excluding special order parts, please confirm if your part is returnable prior to making your purchase via an email request to us followed by our written approval to you.  A 25% restocking fee will apply to all approved parts returns. Shipping costs (inbound and outbound) are the purchaser's responsibility and are not refundable. Approved parts return credits will not be issued until the parts are received and inspected by colburnpower.com or Kohler and determined to be in their new unopened condition without damage.

 

ColburnPower.com references your generator model, serial and spec number to determine the correct part numbers for your specific equipment.  Claims of “wrong part received” will only be considered if the purchaser submitted their generator model, serial and spec number in writing along with the written parts lookup request. No “wrong part received” consideration will be given toward parts that are ordered verbally with customer-supplied part numbers, or in any case that the generator model, serial and spec information is not provided.

 

Kohler Warranty consideration claims may take up to 45 days to process since ultimate approval must be authorized by the Kohler Factory after the part is received, inspected and tested per the Kohler warranty policy.  Kohler warranty consideration requires the part installation to be performed by an authorized Kohler dealer service technician and may require Kohler's pre-authorization.  All order requests must be paid in full prior to shipment, and claims approved by Kohler will only be credited once and if the warranty claim has been formally approved by Kohler as per Kohler's warranty policy.  Please contact us if you would like additional information including a copy of Kohler's complete expressed warranty for your particular generator, transfer switch (ATS), or parts. ColburnPower.com, Colburn Power & Recreation, nor Colburn Electronic Controls, LLC neither expresses or implies any warranties of functionality, fitness or merchantability for any Kohler equipment or parts.  All warranty considerations for Kohler equipment and parts are ultimately handled and administered by Kohler.

 

Any and all shipping damage must be noted with your delivery carrier at the time you receive the part. All shipping and freight damage claims must be submitted by the purchaser directly to the shipping/freight carrier.

 

Contact Information:

 

Telephone:
618-997-9015
Fax:
618-997-9074
E-Mail:
Service@ColburnPower.com
Mail:
Colburn Electronic Controls
1117 North Carbon Street, #179
Marion, Illinois 62959

 

 

Terms of Use and Conditions:

 

This entire ColburnPower.com website is operated by Colburn Electronic Controls, LLC ("CEC"). Throughout the site, the terms "CEC", "ColburnPower.com", "we," "us" and "our" refer to Colburn Electronic Controls, LLC. CEC offers this website, including all information, tools and services available from this website, to you, the user, conditioned upon your acceptance of all these Terms of Use. Your affirmative act of accessing or using this site signifies your consent to, without limitation or qualification, these Terms of Use. If you do not wish to be bound by all Of The Terms of Use listed on this page, please exit immediately and do not use the site.

 

We reserve the right to modify the contents of this site at any time, including the features, availability, or operation of the site, these Terms of Use, or any policy or notice posted on the site. You agree that it is your responsibility to monitor changes to the site, and your continued use of this site following the posting of changes means that you agree to and accept the changes.

 

Ability To Accept Terms Of Use

 

You affirm that you are over the age of legal majority, can form legally binding agreements under applicable law, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to qualify under, abide by, and comply with these Terms of Use.

 

Terms Of Use Of The Site

 

By using our site you agree that you will not disclose our trade secrets to anyone, and will not use any of the information available to compete against us online, and will not attempt to manipulate google (or any search engine) ranking for any page on the site. No competitors or future competitors are permitted access to our site or information, and any such access by third parties is unauthorized. You agree that you will not copy, record, publish, compile, reproduce, republish, use or resell for any competing commercial purpose any information on our site and you agree to not use any device, software or routine that may extract, copy, modify, import, export, replicate, scrape or otherwise deliver, in any manner, the data and information on our site to you or anyone else. If you do so, then you agree that we are suffering irreparable injury and that an injunction or temporary restraining order may be entered by any court of competent jurisdiction prohibiting the use of such information and requiring, without limitation, that any domain name used to advertise the competing use be redirected away from the site containing such information. In addition, you agree to pay all reasonable attorney's fees and costs incurred in enforcing these provisions.

 

All content included on this site, such as text, design, graphics, logos, icons, images, descriptions, audio clips, downloads, services, interfaces and code, and software, as well as the selection and arrangement thereof, are the exclusive property of Colburn Electronic Controls, its affiliates, its licensors or its content providers and is protected by copyright, trademark, and other applicable laws. You may access and print the material contained on the site only for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access or print. Any other use of the material on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, copying of, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site, is expressly prohibited. Colburn Electronic Controls retains full and complete title to the material provided on the site, including all associated intellectual property rights, and provides this material to you under a license that is revocable at any time in Colburn Electronic Controls’ sole discretion. Colburn Electronic Controls neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with Colburn Electronic Controls.

 

You may not use contact information provided on the site for improper purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the site or to surreptitiously intercept any system, data or personal information from the site. You agree not to interrupt or attempt to interrupt the operation of the site in any way. Colburn Electronic Controls reserves the right, in its sole discretion, to terminate your access to or use of the site at any time without notice. Termination of your access or use will not waive or affect any right or relief to which Colburn Electronic Controls may be entitled, at law or in equity.

 

Data from this website may not be downloaded or reproduced via any automated means, including spiders, robots, scrapers, crawlers, or the like, except where explicitly allowed within the robots.txt. Such programs consume computing resources and violate these Terms of Use.

 

You acknowledge that you are responsible for any material you submit via the site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address or other identifying information, or impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.

 

Links

 

This site may contain links to other websites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Your correspondence or business dealings with any entities found through linked sites are solely between you and such entity. Colburn Electronic Controls is not responsible for any losses, damages, or other liabilities incurred as the result of any such dealings.

 

Trademarks

 

Trademarks, logos, and service marks displayed on this site are registered and unregistered trademarks of Colburn Electronic Controls, its affiliates, its licensors, its content providers, and other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the site. Colburn Electronic Controls reserves all rights not expressly granted in and to the site and its content.

 

Disclaimers

 

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. COLBURN ELECTRONIC CONTROLS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COLBURN ELECTRONIC CONTROLS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. COLBURN ELECTRONIC CONTROLS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

 

Limitation of Liability

 

YOU ACKNOWLEDGE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT COLBURN ELECTRONIC CONTROLS, ITS AFFILIATES OR SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, COLBURN ELECTRONIC CONTROLS' REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF COLBURN ELECTRONIC CONTROLS OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT COLBURN ELECTRONIC CONTROLS, ITS AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH COLBURN ELECTRONIC CONTROLS IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND COLBURN ELECTRONIC CONTROLS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Indemnification

 

By using this site, you agree to indemnify, defend and hold harmless Colburn Electronic Controls and its affiliates, officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the site and any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. Colburn Electronic Controls reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Colburn Electronic Controls in defense of such matter.

 

Jurisdiction

 

The site is controlled by Colburn Electronic Controls, LLC from its office within the United States of America. This site has been designed to comply with the laws of the State of Illinois. The laws of the State of Illinois govern these Terms of Use and your use of the site. If you choose to access the site from a location outside the United States, you do so at your own risk and with the understanding that laws applicable in your location may not be applicable to this site. By using the site, you irrevocably consent to the jurisdiction of courts located in the State of Illinois for any action to enforce these Terms of Use.

 

Entire Agreement

 

This agreement and any posted policies or operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

 

Severability

 

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

Toll Free: 1-855-436-3696 (1-TLK-GEN-DOWN)