STANDARD TERMS AND CONDITIONS 09/12/2019
I. Project Schedule Liability
- No penalty clause of any kind, in any specification or order, will be effective unless specifically approved in writing by KTL. KTL shall not be liable for any damages, expenses or consequential damages caused by any delay in, or inability to complete, the manufacture and shipment of any equipment or articles called for under this Purchase Order if such delay or inability is caused by labor difficulties, fire or other casualty, act of God, acts of the public enemy, transportation difficulties, KTL inability to obtain equipment and materials from others, governmental interference or controls, or any other cause beyond the control of KTL.
II. Change Orders
- Changes or modifications to existing contracts can be made only by written agreement executed by all parties affected thereby, which agreement shall include any price modification.
III. Taxes
- No federal, state or local taxes are included in quoted prices. All quotations, proposals, prices or other terms are subject to increase without notification by the amount of any sales, excise or other tax levied or charged to seller by any governmental agency and any such tax will be passed onto purchaser as a tax or as an addition to the selling price. This also applies to all costs incurred due to local statutes or governmental regulations.
IV. Cancellation Policy
- Orders are not subject to cancellation by Buyer except by written agreement with seller. Any order cancelled after any work has been done by KTL, such as drawings, production, etc., will have a cancellation charge, to be determined solely at the discretion of KTL for whatever work has been performed with a minimum of 20% of the purchase order price. If Buyer so chooses, he shall have a right to receive the material already produced at the time of cancellation at the quoted price. If an order is canceled before any work has been done by KTL, a cancellation charge of $250 will apply.
V. Material Return Policy
- Material received may not be returned by Buyer except by written agreement with the seller. In all cases, permission must be secured from KTL prior to the returning of any goods for credit, whereupon a Return Authorization Number (RMA) will be issued for internal processing of the returned goods. All returned goods are subject to a minimum restocking charge of 20%, plus all transportation charges, and are subject to inspection by KTL. Returned goods will be offered and paid for upon proof of purchase (i.e. Invoice Number), and credit or a refund will be issued against the invoice value. KTL reserves the sole right to determine the amount of credit to be issued on all goods returned for credit. Unsalable products will be scrapped and no credit will be received. If returned goods are determined to have no value and Buyer wishes them returned, the Buyer will be charged return freight.
- No credit will be issued on custom manufactured and special ordered product(s).
VI. Warranty Conditions
- KTL warrants the products manufactured in-house as per its standard limited warranty for a period of one (1) year from the date of delivery to the original purchaser or from the date KTL completes the installation. The limited warranty is made for the benefit of the initial purchaser only and is not made for the benefit of any party other than the initial purchaser. It applies only if the goods are submitted to normal use and service and only if the purchaser installs all equipment according to the recommendations and specifications of KTL. The purchaser during the warranty period shall inspect and properly maintain the equipment in accordance with maintenance guidelines provided by KTL.
- Any item found to be unacceptable for its intended purpose within the warranty period will be repaired or replaced free of charge, FOB KTL in Bluff City, TN after KTL’s evaluation. KTL shall be immediately notified in writing of such unfitness. KTL reserves the sole right to determine if any equipment, sub-assembly or component is to be repaired or replaced free of charge or to be supplied at KTL standard prices. Such obligation shall be limited to parts returned for inspection, properly packed and expenses prepaid, and providing inspection shall satisfactorily indicate defects.
- The warranty herein made is in lieu of all other warranties and except as expressly stated herein, KTL does not make and there are no warranties or obligations of any kind or nature whatsoever either expressed or implied including, but not restricted to, warranty or obligations as to product, material, workmanship, or manufacture or as to the use of the items covered hereby.
- KTL shall not under any circumstances be liable to third persons for any claims or damages including direct, special, indirect or consequential damages for any reason.
- The Buyer agrees to indemnify and to hold KTL harmless for, of, and from any loss, claims, damages, expenses and attorney’s fees, including but not limited to, any fines, penalties and corrective measures KTL may sustain by reason of the Buyers failure to comply with said laws, rules, and regulations in connection with the performance of this sale.
- The above warranty applies only to items manufactured by KTL. Items not manufactured by KTL are warranted and guaranteed only to the extent and in the manner warranted and guaranteed to KTL by the manufacturer of such items and then only to the extent KTL is liable to enforce such warranty or guarantee.
- KTL will assume no responsibility for the adequacy of a product if material is used which is not totally supplied by KTL.
VII. Product Substitution
- KTL reserves the right to change or modify the product and fabrication of any product manufactured by KTL and to substitute material equal to or superior to that originally specified.
VIII. Non-Disclosure Agreement
- Buyer agrees not to disclose or make available to any third party processes, drawings, specifications, reports, photographs, data and other technical or proprietary information relating to KTL products without obtaining prior written consent of KTL.
F.O.B. Kintronic Laboratories Plant.