Sales and Delivery Terms & Conditions.
- KTC Nederland is a supplier for all components as presented on their website, quotes, pack lists and invoices and hereby referred to as “KTC”
- The end consumer or business KTC will supply to will be further referred to as “Customer”
1) General Conditions:
These terms and conditions apply to each product we include in special promotions, quotes and agreements between KTC and Customer unless agreed otherwise in writing.
KTC will not accept any liability forthcoming from the terms and conditions used by the Customer.
2) Quotations and Agreement:
All prices provided by KTC are subject to change without notice unless agreed otherwise in the quote.
All prices, brochures, spec sheets and other information are prepared with care and are subject to error and omissions.
KTC will only accept and process orders from Customer in writing clearly describing product(s), quantity, delivery address and invoice address; KTC will confirm the order to Customer in writing.
All prices are subject to VAT. All our products come with standard carton packaging. Pallets, sea freight, air freight, custom charges and other fees related to shipping will be added to the invoice. Any schematics and installation fees are not included in our prices unless agreed otherwise. KTC reserves the right to select the forwarding agent of their choice.
KTC reserves the right to change prices in an Agreement when our cost is fluctuating beyond our control such as
raw materials, labour, exchange rates, import duty, transportation fees due to changing fuel costs etc.
If the Agreement included a volume discount and Customer is not accepting the full commitment as agreed upon, KTC reserves the right to cancel the discount.
All express delivery shipments to Customer are outside the scope of any Agreement; Customer will pay for these express shipment(s).
Payment terms are 30 days from the invoice date unless specified otherwise; late payments are subject to 4% interest charge on the outstanding balance. All parties agree to attempt a peaceful resolution to all disputes; the parties agree any dispute arising from the Agreement or any dispute either may have with the other, shall be submitted to mediation prior to any other dispute resolution process.
If a Court of competent jurisdiction finds either party to heave breached an Agreement between KTC and Customer, the non-breaching party shall be entitled to legal costs on a solicitor and his own client basis including the before mentioned late payment interest fees and outstanding balance from Customer.
KTC will strive to fulfil shipments 100%; partial shipment(s) may occur due to circumstance beyond KTC’s control such as but not limited to weather conditions that may cause transportation delay, strikes, acts of God. In such an event KTC will contact the Customer to discuss the situation further.
Customer agrees to inspect the shipment from KTC; any damages or missing items should be reported to KTC in writing within 4 days of delivery; any claims after that time will not be accepted by KTC.
Shipment delays will not entitle Customer to any reimbursement(s) or discount(s). In the event of a shipment delay from KTC, Customer is not entitled to cancel the Agreement or refuse the shipment unless the shipment is delayed due to circumstances beyond control of KTC.
KTC will ship the product(s) in quality packaging that meet our standards and with utmost care; Customer may request special packaging at his cost.
KTC will have ownership of the product(s) until Customer has paid the invoice in full.
9) Hold shipments:
In the event Customer wishes to delay a shipment from KTC, KTC will retain the product(s) in their warehouse for up to 30 calendar days; during this time KTC will insure these product(s) at Customer expense.
All our products come with a 1 year manufacturer warranty; Warranty claims will only be accepted by KTC in writing; Customer agrees to return the product(s) to KTC in the original packaging if available or other suitable packaging
KTC reserves the right to replace the product with the same or newer model.
KTC will not accept any liability or warranty claims to damaged product(s) caused by faulty installation, normal wear and tear or incorrect use of our product(s) or installation/repairs by third party contractors without written consent by KTC.
Warranty claims made by third parties not listed in our Agreement will not be accepted.
11) Return of Product:
In the event Customer desires to return product(s) to KTC a 20% restocking fee will be deducted from the original invoice amount. Customer agrees to contact KTC in writing before returning products and will clearly mark the shipment with the RMA#.
Products will only be accepted by KTC if they are in original un-opened packaging and accompanied with our RMA#.
Customer agrees to pay for all shipping fees related to the return shipment to KTC.
12) Governing Law:
The agreement shall be governed by and construed in accordance with the laws of Zwolle, The Netherlands. KTC reserves the right to change these terms and conditions at their discretion.
In the event that any provision or part of this Agreement is deemed void by a Court of competent jurisdiction, the remaining provisions, or part of it, shall be and remain in full force and effect.
14) Intellectual Property Rights:
Customer agrees that using our product(s) does not grant Customer any ownership, title or registrable interest of any kind to the schema’s, trade names, icons and logos, any and all copyrights, patent rights, trade secret rights and other intellectual property and proprietary rights from KTC and/or their supplier(s).
KTC, Karsten Technical Components, located Amersfoort, The Netherlands
Datum 8-1-2013 version 1