Standard Terms and Conditions Agreement
This Standard Terms and Conditions Agreement ("Agreement") contains the terms and conditions that apply to any order, purchase, receipt, delivery or use of any products from KL computers Ltd, or any of its subsidiaries or affiliates (collectively, "KL computers Ltd"). By accepting delivery of the product purchased from KL computers Ltd and described on your invoice, you agree to be bound by and accept the following terms and conditions. Any attempt to alter, supplement or amend this document or to enter an order for product (s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and KL computers Ltd. These terms and conditions are subject to change without prior written notice at any time, in KL computers Ltd's sole discretion.
1. Definitions.
i. "We", "us" and/or "our" means KL computers Ltd ("KL computers Ltd").
ii. "You" or "your" means the individual or entity named on the invoice.
2. Payment Terms; Orders; Interest.
Advertised prices are in U.K. Pounds and, unless otherwise noted, exclude shipping, handling and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside. Terms of payment are within KL computers Ltd's sole discretion, and unless otherwise agreed to in writing by KL computers Ltd, payment must be received by KL computers Ltd before KL computers Ltd's acceptance of an order. Invoice amounts are due and payable within the period noted on this invoice, measured from the date of the invoice. KL computers Ltd may invoice parts of an order separately. You agree to pay interest on all past-due sums at the highest rate allowed by law.
3. Taxes.
Unless otherwise indicated on the face of the invoice, you are responsible for paying all taxes associated with your order.
4. Shipping and Title.
KL computers Ltd can arrange to ship the product(s) you purchase to you. Title to the product(s) passes to you when KL computers Ltd delivers it to the carrier and risk of loss passes to you when the shipper delivers product(s) to the address you designate. Title to software remains with the licensor of the software. Your use of software is subject to license agreements applicable to the software. You must notify KL computers Ltd of missing or damaged items in your order within five (5) days after you receive your product.
5. Return Policy.
7-day Money Back Guarantee; In addition to the standard warranty, KL computers Ltd offers a 7-day money back guarantee on every system. If you are not satisfied with your system, you may return it within 7 days for a refund. The refund will only be issued for the amount of the sale and will not include shipping costs. To do this you must inform KL computers Ltd in writing and return the products immediately, in the same condition you received them and at your own cost and risk. Please ensure that the product has not been used and that it is returned to us undamaged in the original packaging along with all accessories and instructions and all we ask is that you pay the return carriage costs (with insurance). Once notified of your intent to cancel we will refund your original method of payment within 14 days. Goods received back incomplete, damaged or in any condition other than saleable will be either: - returned to you with the cost of the return carriage charged to your account or - refunded to your account with a 15% penalty of the initial price of the good.
6. Warranties for Domestic Customers; Disclaimer of Warranties.
THERE ARE NO WARRANTIES FOR SOFTWARE OR SERVICES. KL COMPUTERS LTD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT THOSE STATED IN THIS SECTION AND IN KL COMPUTERS LTD'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE DURING THE RELEVANT PERIOD, AND KL COMPUTERS LTD WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES ONLY UPON KL COMPUTERS LTD'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
7. Warranties for International Customers; Disclaimer of Warranties.
The standard warranty stated above in Section 6 applies to KL computers Ltd-branded products shipped to a country outside of the United States, provided that customers outside of the United States are responsible for paying all freight charges incurred in shipping, importing/exporting and receiving replacement products and parts and for arranging and paying for the shipment of any defective part(s) back to KL computers Ltd. All international customers are responsible for all customs duties, VAT and other associated taxes and charges. THE WARRANTY DISCLAIMER ABOVE IN SECTION 6 ALSO APPLIES TO INTERNATIONAL CUSTOMERS.
8. Software.
All software is provided subject to the license agreement that is part of the package you receive from KL computers Ltd. You agree to be bound by the license agreement once the package is opened or its seal is broken. KL computers Ltd does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs its purchase and use.
9. Exchanges.
From time to time, KL computers Ltd may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with KL computers Ltd exchange policies in effect on the date of the exchange.
10. Limitation of Liability.
KL COMPUTERS LTD DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. KL COMPUTERS LTD WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. YOU AGREE THAT FOR ANY LIABILTY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, KL COMPUTERS LTD IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT YOU PAID FOR THE PURCHASE GOVERNED BY THIS AGREEMENT.
11. Jurisdiction.
English law and the exclusive court jurisdiction of the English courts will apply to this Agreement. The Vienna Convention on Contracts for the International Sale of Goods is excluded
12. Miscellaneous.
If any part of the Agreement is found to be invalid or unenforceable by a court, the rest is unaffected. KL computers Ltd may subcontract assign or transfer its obligations or rights to a competent third party whether in whole or in part. You may not assign or transfer any of your obligations. All notices must be in writing (by hand, email, fax or 1st class post deemed delivered 48 hours after posting) and sent to a legal officer of either party.
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