- Purchase Orders are accepted only in accordance with Seller’s regular scheduled prices, terms conditions and shipping allowances.
- All deliveries are F.O.B. point of shipment. Shipment will be made by common carrier of Seller’s choice, unless otherwise specified by Buyer upon placement of order. Upon delivery of the material covered hereunder to carrier, the Buyer assumes the risk of all loss thereof or damage thereto resulting from any cause whatsoever.
- Shipping dates are approximate and are based upon prompt receipt of all necessary information. Confirmation of the delivery date will be after the receipt of purchase order. Seller shall not be liable for delays in delivery or failure to manufacture or deliver.
- Due to causes beyond its reasonable control Or
- Due to acts of God, acts of Buyer, acts of military or civil authorities, fires, strikes, flood epidemic, war, riot, delays in transportation or car shortages. Or
- Inability due to failure beyond Seller’s control to obtain necessary labor, materials, components or manufacturing facilities, or of impossibility of performance resulting from any of the above causes, Seller shall have the right to cancel this order without further liability to Buyer by giving Buyer written notice of cause or causes of such impossibility and of the exercise of such election. Or
- Cancellation of any part of this Order shall not affect Seller’s right to payment for any product delivered hereunder in the event of any such delay; the date of delivery shall be extended for a period equal to the time lost by reason of such delay. In the event of impossibility of performance resulting from any of the above causes, Seller shall have the right to cancel their order without further liability to Buyer by giving Buyer written notice of cause or causes of such impossibility and of the exercise of such election. Cancellation or any part of this Order shall not affect Seller’s right to payment for any product delivered hereunder.
- On any individual order or release against an order for goods not stocked as a standard item, or not packed in standard cartons or packages, or on which special fabrications are involved, Seller reserves the right to ship and invoice for a quantity of goods, which may vary up to ten percent over or under the quantity specified on the individual release and the Buyer shall accept delivery and pay for such revised quantity and consider the shipment to be complete.
- Unless otherwise specified on the face hereof, Seller warrants to Buyer that the products sold here under are free from injurious defects in materials and workmanship for a period of twelve (12) months from the date of shipment. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES, WHETHER WRITTEN, ORAL OR IMPLIED, INCLUDING ANY WARRANTY OF PERFORMANCE, MERCHANTABILITY OR FITNESS FOR PURPOSE. If it appears within twelve (12) months from the date of shipment that any product sold hereunder does not meet the warranty specified above, and the Buyer notifies Seller promptly, Seller shall thereupon correct any such defect either at Seller’s option, by repairing any defective product or products or by making available at Seller’s plant a repaired or replacement product F.O.B. point of shipment.
- Seller will make no allowance for repairs or alterations to the product made by Buyer, unless made with the advance written consent of Seller. Seller will not assume liability for cost of disassembly, reassembly or re-machining of defective product.
- Materials furnished by suppliers to Seller are guaranteed by Seller only to the extent of the original manufacturer’s express warranty to Seller.
- The liability of Seller to Buyer arising in any way out of this order, whether on warranty contract, negligence, or any other basis, shall not in any case exceed the cost of correcting defect in the product as provided herein, and upon the expiration of twelve (12) months from the date of shipment, all such liability shall terminate. The foregoing shall constitute the sole remedy of Buyer and the full liability of Seller.
- Orders with indefinite delivery dates are accepted upon the understanding that Seller shall have the right to fill said order as it sees fit in the course of its manufacturing schedules and to hold the goods for the Buyer’s account at Buyer’s expense and risk, pending receipt of definite shipping instructions.
- Buyer may cancel his order only upon written notice to Seller and upon payment to Seller of reasonable and proper cancellation charges, including but not limited to:
- The proportionate contract price for all material completed, whether shipped or not, prior to Seller’s receipt of notice of cancellation:
- All cost theretofore incurred by Seller in connection with material uncompleted at the time notice of cancellation is received:
- An amount equal to the percentage of profits on all such costs, based upon manufacturing estimates, or based upon original price.
- The expenses incurred by Seller by reason of such cancellation, including reimbursement for any charges arising from termination of subcontract claims.
- Liability for all taxes and import or export duties, imposed by any city, state, federal or other governmental authority, which have to do with or affect the product supplied hereunder, shall be assumed and paid by Buyer. Buyer further agrees to indemnify Seller against any and all liability for such taxes or duties and legal fees or cost incurred by Seller in connection therewith.
- Buyer shall provide and maintain adequate insurance for the product delivered hereunder against loss or damages by fire or other causes during the time between delivery and final payment, in an amount fully protecting Seller, and loss or damage by fire or other causes within such period shall not relieve Buyer from its obligations under this contract.
- Pro rata payments shall become due as shipments are made. All orders are accepted subjected to credit approval, and if in the judgment of the Seller the financial condition of the Buyer at any time does not justify continuance of production or shipment on the terms of payment specified, the Seller may require full or partial payment in advance. If shipments are delayed by Buyer, payments shall become due from date when Seller is prepared to make shipment. All accounts not paid within 30 days will be subject to service charge per month of 1.8% on the unpaid delinquent balance unless extended by written authorization.
- Seller standard payment terms are net 30 days upon day of shipment. Payment terms other than standard, require written approval from Seller.
- Buyer agrees to indemnify, hold harmless and defend Seller from and against any and all claims or liabilities asserted against Seller in connection with the manufacture, sale, delivery, resale, or repair or use of any product and/or system covered by or furnished under this contract arising in whole or in part out of or by reason of failure of Buyer, its agent, servants, employees or customers to follow instructions, warning or recommendations furnished by Seller in connection with such product, and/or system, or to comply with all applicable Federal, State, and Local Laws applicable to such item including the Occupational Safety and health Act or 1970, or by reason of the negligence of Buyer, its agents, servants, employees or customers.
- Seller’s liability on any claim of any kind, including negligence, for any loss or damage arising out of, connected with, or resulting from the contract, or from the performance of breach thereof, or from the manufacture, sale, delivery, resale, repair or use of any product covered by or furnished under this contract, shall in no case exceed the cost of the product or part thereof which gives rise to the claim. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTAL DAMAGES, OR FOR DAMAGES IN THE NATURE OF PENALTIES.
- This agreement constitutes the entire contract of sale and purchase of products named herein. No modifications of this contract shall be binding upon the Seller unless in writing and signed by Seller, and no modification shall be effected by Seller’s acknowledgement or acceptance of Buyer’s purchase order forms containing different provisions. Trade usage shall neither be applicable nor relevant to this agreement, nor be used in any manner whatsoever to explain, qualify or supplement any of the provision hereof.
Customer satisfaction is our top priority. We want you to be completely satisfied with your purchase. If you need to return or exchange the item, please contact us within 30 days of receipt of your purchase. Cleanroom items must be returned in new, unused and resalable condition, and in its original packaging. Return shipping costs will be at the customer’s expense. Returns will be inspected prior to issuing credit. Restocking fees may be waived if exchanging for another item of equal or greater value. Talk to your customer service representative.
- Step 1: Before returning the items, you must first obtain a Return Material Authorization (RMA) number from KM ACT. NO returns, of any type, will be accepted without an RMA number. Please have the following information on hand when calling for an RMA number: customer name, invoice number, serial number and the nature of the problem. All returns are subject to a 25% Restocking Fee*. To receive an RMA number click here and fill out the Customer Complaint Form.
It is important that the RMA number is clearly written on the outside of the shipping box. Packages received without an RMA number may not receive a credit and customer will be responsible for any return or warehouse redirect ship charges. *
All products to be returned must be returned within 60 days from the receipt date, 100% complete, in resalable condition, and must include original packing material, manuals, quality document(s) and other accessories provided by the manufacturer.
*UNAUTHORIZED RETURN NOTIFICATION* Customers will not be credited and will be charged for shipping fees associated with unauthorized returns that have to be redirected to the appropriate warehouse. Orders that are refused without approval may not be refunded or subject to higher restocking fees. Customer will be responsible to any new shipping fees. International orders in which UPS or FedEx was chosen, there will be no refunds for order refused for non-payment of Duty and Tax fees.
- Step 2: If you paid for the purchase with a credit card, your account will be credited back the amount of the purchase once the product has been received and inspected. Credits may take up to 10 business days to process. If you paid with a check or money order, allow 2-4 weeks to receive your refund check. Account credits must be used within 1 year of issue date.
- Step 3: On all product returns, you will be responsible to arrange the shipment of the product back to the appropriate KM ACT Corporation warehouse. You may use UPS, FedEx, or any other ground parcel carrier of your choice. Please ensure that the package is traceable in case of loss during transit.
- Step 4: If you are returning an item that is defective or shipped in error by KM ACT Corporation, we apologize for the inconvenience. We will email a label, schedule a pick up or reimburse you for the ship charges. We will choose whichever method is most convenient for you. For any other return, you are responsible for the original delivery costs and the return shipping expense.
TERMS & POLICIES:
For all prices and products: We reserve the right to make adjustments due to errors, changing market conditions, product discontinuation, or typographical errors in advertisements. KM ACT Corporation is not responsible for manufacturer price changes, which may occur at any time without notice.
Please keep all packing material and documentation in the event that your products has to be serviced or returned.
Cancelled orders containing items that have been ordered into our warehouse from the manufacturer or vendor or have already been shipped will be subject to our standard return policy. Cancelled orders that have not been shipped or work-in-process (WIP) may also be subject to restocking fees. Special orders items or items made per order may not be cancelled once order is processed. Please refer to the KM ACT Terms of Sales.