Main terms and conditions of sale
Product
The term “product(s)” hereinafter used in these conditions, means goods and / or services, as appropriate.
Price and quotations
Unless otherwise stated, prices are set in USD($), excluding taxes and value estimates are valid for sixty (60) days from the date of issue.
Customer order
Kinyea Technologies accepts the Customer’s order on the express condition that it has adhered to these terms and conditions of sale, which prevail over any purchase conditions. Acceptance by the Customer of these Conditions shall be deemed attained in the absence of written objection on his part or because of the acceptance of some or all of the products ordered.
Modification of order and resolution
Any modification or cancellation of an order requested by the buyer must be an express written acceptance of Kinyea Technologies, who reserves the right to charge a fee for any application received less than 30 days before the delivery date previously indicated.
Delivery and receipt of goods
Kinyea Technologies make deliveries as requested by the Customer and its availability in stock, provided that delivery is required within 6 months of the order. The time indicated on the receipts issued by Kinyea Technologies are indicative and do not allow the Customer to claim damages or cancel the order for delay in delivery. Kinyea Technologies allows himself to make partial deliveries unless the Customer’s order does not expressly stated in writing to refuse such partial deliveries. Unless otherwise agreed, deliveries are Exworks (INCOTERMS 2010).
Without dispositions prejudice to take against the carrier, claims on defects or non-compliance of the product delivered to the ordered product or packing slip must be made in writing within eight days Kinyea Technologies the arrival of products. It will be for the Customer to provide any justification as to the reality of defects or discrepancies. Otherwise, the acceptance of the Customer shall be deemed attained. All returned equipment must be authorized in advance by Kinyea Technologies, who reserves the right to charge the customer if the product is not made new, in original packaging and complete.
Risk and property transfer
Sale goods remain the property of Kinyea Technologies until full payment by the Customer (including interest and costs). However, the risk passes to the Customer upon delivery Exworks (INCOTERMS 2010). In the event of action for recovery, any sums paid in partial settlement of the price will automatically vested in Kinyea Technologies in compensation. Property rights are not transferable on the software products.
Taxes
Taxes which are subject of sale, delivery or use of the product appear in detail on the invoice. If the Customer or sale is exempt from payment of such taxes, it must provide a certificate of exemption to Kinyea Technologies.
Billing and payment
One invoice will be issued for each delivery to the address indicated on the Customer’s order. Payments must be made against payment or, at the option of Kinyea Technologies, net thirty (30) days from invoice date. Unless otherwise agreed, payments will be made in USD ($).
Kinyea Technologies may suspend all deliveries and services notwithstanding the outstanding authorized credit if in the opinion of Kinyea Technologies, the financial position of the Customer or the experience of payments recommended to do it. Customer agrees to repay the principle of costs and expenses Kinyea Technologies will have initiated against him for the recovery of his debt. Addition to the bank charges equal to two (2) times the legal rate of interest which they are exposed, the Customer may also be liable to pay a penalty clause for breach of its obligations equal to five percent (5%) of the amounts due, whether or not due, after notice from Kinyea Technologies.
Warranty
Products are guaranteed against defects in materials or workmanship. For all claims received during the warranty period, Kinyea Technologies agrees, at its option and depending on the severity of the damage to the product to replace free of charge or to repair it.
Software products and software designated by Kinyea Technologies to work with such products and equipment properly installed on that product, are warranted against failure due to defects in materials or workmanship.
If such defects that prevent the program to function were observed and reported within the warranty period, Kinyea Technologies will, at its option, replace or repair the software support or software failure. Kinyea Technologies does not guarantee the performance of software, firmware, or hardware products will be uninterrupted or error-free.
If Kinyea Technologies is unable to repair or replace the product within a reasonable time, the Customer may be allowed to return the product and be reimbursed for part of the purchase price. Are excluded from coverage damage resulting from normal wear and tear, improper use or inadequate by the purchaser, the use of inappropriate or non-recommended supplies, software or interface Client; use in non-conformity environment as recommended in the specifications, improper installation or maintenance), transformation (s) or product integration with other materials, without permission of Kinyea Technologies and if the installation, maintenance, or maintenance of the product is made by anyone not authorized by Kinyea Technologies.
Unless otherwise stated, the warranty period is twelve (12) months for the goods, three (3) for repairs. The period runs from the installation Kinyea Technologies, if it is included in the sale price or the date of delivery otherwise.
