Terms and Conditions
CONDITIONS OF SALE
TERMS OF CONTRACT
These terms and conditions will apply to all agreements made between Kimal and a UK purchaser. Acceptance by Kimal of the purchaser’s order is conditional upon the acceptance by the purchaser of these conditions which override all other inconsistent terms and conditions whether express, implied or otherwise.
Any variations of these conditions will only be binding upon Kimal if agreed by a Director of Kimal in writing. Any terms or conditions set out in a purchaser’s order form or otherwise shall be inapplicable to any order placed with Kimal unless agreed in writing by a Director of Kimal when acknowledging the order in question.
UK TERMS OF PAYMENT
The terms of payment for purchasers with approved credit facilities are net monthly and no deductions are allowed unless otherwise agreed in writing. In the event of default of payment Kimal may claim default interest at the rate of 1.5% per month on the amount overdue. Minimum order value £100.
All prices, unless otherwise specified, are net ExWorks and subject to alterations without notice unless an agreed contract is already in place. The right is reserved to invoice goods at the price ruling at the date of dispatch. VAT will be added at the appropriate rate.
All quotations issued and signed by an authorised member of Kimal are made in good faith as regards both price and delivery time. The right is reserved to correct any accidental errors or omissions. UK quotations are valid for 60 days.
Orders will only be accepted for product in their respective box quantities. Part boxes will not be accepted.
DAMAGE OR SHORTAGES, CAUSED BY LOSS IN TRANSIT
The carrier concerned and their agents as well as Kimal must be advised in writing within 3 days of receipt of the consignment. Failure to do so will invalidate a claim if not proven by other satisfactory means.
Kimal warrants that all goods supplied are of merchantable quality and comply with any specification agreed for them. In the event of breach of that warranty and provided that the purchaser notifies Kimal of the breach within one month from the date of the delivery/advice note Kimal’s liability shall be limited to repair or replacement or at Kimal’s option a credit in the purchaser’s favour no greater than the original price. Kimal shall not be liable to the purchaser by reason of any representation, implied warranty, condition, other term or for any other reason for any loss or damage or consequential loss or damage however caused or arising relating to the manufacture or supply of the goods.
RETURN OF GOODS
Kimal will accept goods for return provided they are not custom made products, in the original unopened packs or cartons and provided that the purchaser requests authorisation to return the goods within one month of Kimal’s dated delivery note. If Kimal agrees to the authorisation the purchaser will be given an authorisation number which must accompany the goods when returned. All returned goods are subject to examination at Kimal’s factory. Credit will be given at 75% of the sale price.
Custom made products will only be accepted for return if they are subject to an agreed warranty claim or have been supplied in error by Kimal.
CUSTOM MADE PRODUCTS
Custom made products are any product manufactured by Kimal to a specific design or specification for the purchaser. If the goods have been manufactured in accordance with any design or specification provided or made by purchaser, the purchaser will indemnify Kimal from and against all claims, costs, expenses and liability of any nature in connection with them including any claim whether actual or alleged that the design or specification infringes the rights of any third party.
ALTERATIONS OF ILLUSTRATION AND SPECIFICATIONS
Kimal reserves the right to implement improvements in design and or possible changes in source of supply, illustrations and or specifications, are subject to alteration without notice.
UK purchasers may not, without Kimal’s written consent, resell the goods or knowingly allow them to be resold outside the United Kingdom.
JURISDICTION AND LAW
The construction, validity and performance of this contract and matters pertaining thereto shall be governed in all respects by English Law. Kimal and the purchaser agree that in the event of any dispute they will submit to the jurisdiction of the English courts.
If the performance of any contract between Kimal and the purchaser is prevented, restricted or interfered with by reason of circumstances beyond Kimal’s control then upon giving notice to the purchaser Kimal will be excused from performance to the extent of the prevention, restriction or interference.
Copyright 2014. Reproduction in part or whole is forbidden without written permission from Kimal plc