The following TERMS are automatically applicable to all sales made by KM Products Europe Ltd or (“KMP”) and cannot be amended or altered unless specified in writing at the time of the order.
Quotations issued by “KMP”, unless otherwise stated, shall be open for acceptance within 30 days from the date of the offer. Customers are required to clearly identify the items they require by supplying OEM part numbers and quantities. If “KMP” is requested to research the parts numbers on behalf of the customer, then this is done on a ‘no fault’ basis. “KMP” will use its best endeavours to identify the correct part numbers. However, “KMP” will not accept liability for any errors, omissions or inaccuracies. Final responsibility for ensuring that the items have been correctly identified/selected/approved/ordered will always lie with the customer.
The prices stated are without VAT and, unless otherwise stated in the order confirmation, are ex warehouse from the “KMP” premises (the point of sale). Packing is charged at 2% of the order value. To this effect, “KMP” ceases to be responsible for the goods once they leave the company’s premises. Any FOB, documentation and freight charges are solely for the customer’s account. In this latter respect, “KMP” cannot be held responsible for any problems, losses or expenses arising from the carriage of the goods, even if “KMP” has appointed the forwarding agent at the customer’s request. It is recommended that customers fully insure their goods against loss or damage from the point of sale up to the delivery to their premises.
All orders should be placed in writing. If any verbal or telephone order is given, then the customer accepts all consequences that may result from any possible misunderstanding or misinterpretation on the part of “KMP”. The order acknowledgement issued by “KMP” is the final arbiter of what constitutes the contract of sale between “KMP” and the customer. The sale of goods assumes by default that the customer has read and accepted all the items, quantities, prices and payment terms set out in the order acknowledgement. “KMP” does not accept the cancellation or return of any Original (OEM/Genuine) parts or specially ordered parts unless they form part of a Warranty claim.
a) All invoices are payable in full without discount of any kind in the currency in which they were issued and under no circumstances shall the customer be entitled to make any deduction or withhold payment for any reason at all, or delay settlement beyond the terms agreed at the time of the order.
b) Without prejudice to any other rights of “KMP”, if the customer fails to pay the invoice amount by the due date, “KMP” shall have the right to charge interest on any overdue amount from the date on which payment was due to that on which it was made (whether before or after judgment) on a daily basis at the rate of 4% per annum over the base rate from time to time quoted for the currency in which the invoice was issued. All costs and expenses (including any legal costs) incurred by “KMP” in the collection of any overdue amount will have to be reimbursed to “KMP”.
All the products supplied by “KMP” are covered by the company’s Warranty, details of which are listed on the company’s web site under ‘Warranty’.
6. RETURN OF PARTS
“KMP” will only consider the return of parts that it originally supplied to the customer. Under no circumstances should parts be returned to “KMP” without first obtaining written consent and being issued with a Customer Return (“CR”) number. Any goods arriving at the “KMP” premises without a “CR” number will either be refused delivery or disposed of as scrap without recourse to the customer. The customer shall have to fully accept the consequential costs of this action whether it is the costs that may be charged for the return freight and/or the loss of the part. If the return was linked to a Warranty claim, then the claim becomes null and void and KMP accepts no further liability.
If the return of parts, not covered by a Warranty claim, is granted by the issuing of a “CR” number, then a restocking charge will be levied. For items returned in “KMP” boxes in good condition without having been opened or seals broken, the charge is 15%. For items that “KMP” considers have to be inspected and/or repacked prior to restocking, a charge in excess of 15% will be made depending on the amount of work involved. If the returned goods are not of a serviceable quality, then the restocking charge is effectively 100%.
The products sold shall remain the property of “KMP” until payment has been made in full.
8. LEGAL CLAIMS OR PROCEDURES
Any legal claims or procedures under these Terms are to be adjudicated in the UK under the English law and must be filed through an English court.