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Terms and Conditions

Terms & Conditions of Sale

  1. Interpretation. In these Terms: “Company” means KICTeam, Inc., “Customer” means the purchaser of Products from the Company. “Products” means all goods sold and/or delivered by the Company to the Customer. “Terms” means these terms and conditions of sale.
  2. Application. These Terms apply to all contracts for the sale of Products by the Company. No amendment, alteration, waiver or cancellation of any of these Terms is binding on the Company unless confirmed by the Company in writing. The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Products or the sale of the Products other than as contained in these Terms.
  3. Scope of Agreement. Company, upon acceptance of an Order placed by Customer, will supply the products specified in the Order (the “Work”) to Customer, pursuant to the terms and conditions of this Agreement and its exhibits and Company’s acceptance of such order submitted by Customer is expressly limited to the terms and conditions of this Agreement notwithstanding any contrary provision contained in Customer’s purchase orders, invoices, acknowledgements or other documents. The details of the Work (e.g. quantity, price, payment terms, and product specifications) shall be set forth in the relevant Order.
  4. Prices and Payments. Prices are determined at the time of agreement; future prices are subject to change without notice. Prices for each Product shall be F.O.B. Company’s manufacturing facility. Quotes are valid for 30 days from issuance. Payment Terms will be determined at the time of agreement.
  5. Transportation and Delivery. Unless otherwise provided on the invoice hereof, all deliveries of goods are F.O.B. Company’s factory and Company assumes no liability for loss or damage to the goods after delivery for shipment at Company’s factory, and risk of loss with respect to the goods passes to Customer at the said F.O.B. point.
  6. Risk. Risk in the Products shall pass to the Customer as soon as the Products have been placed with a transport agent.
  7. Title. Title in Products shall not pass to the Customer until the Company has been paid in full for the Products.
  8. Inspection. Customer shall inspect the products immediately on the arrival thereof and shall within five (5) days after arrival give written notice to Company of any matter by reason whereof it may allege that the Products are not in accordance with the agreement. If Customer shall fail to give such notice, the Products shall be deemed to be in all respects in accordance with the agreement terms.
  9. Cancellations. No order may be cancelled, modified or deferred without the prior written consent of the Company (which is at the Company’s sole discretion). If such consent is given it is, at the Company’s election, subject to the Company being reimbursed all charges which shall be equal to all amounts incurred by Company for materials, labor and overhead in respect of the canceled Products plus reasonable profits.
  10. Returns: Market product returned not due to a manufacturing defect or order entry error, will incur a 15% re-stocking fee. Freight & tax will be the responsibility of the purchaser. No returns will be accepted without prior authorization from the supplier and must be returned within 90 days of original shipment. Custom orders are non- returnable.
  11. Limited Liability. The Company is not subject to, and the Customer releases the Company from, any liability (including but not limited to consequential loss or damage) because of any delay in delivery or fault or defect in the Products. The Customer acknowledges that the Company is not: (a) responsible if the Products do not comply with any applicable safety standard outside of the intended and/or directed use of the Products or similar regulation; and (b) liable for any claim, damage or demand resulting from such non-compliance; and (c) responsible for regulatory compliance of products resold/redistributed outside of the original purchase state/province.
  12. Warranty. All Products supplied are covered by such warranties as are specified by the Company and supplied subject to the product standards detailed by the Company. On discovery of any defect in the Products, the Customer must immediately notify the Company in writing of such defect. The Customer must not carry out any remedial work to alleged defective Products without first obtaining the written consent of the Company to do so. The Customer expressly acknowledges and agrees that it has not relied upon, and the Company is not liable for any advice given by the Company, its employees, agents or representatives in relation to the suitability for any purpose of the Products outside its intended and/or directed use.
  13. Contract. The terms of the Contract are wholly contained in these Terms and any other writing signed by both parties. The Contract is deemed to have been made at the Company’s place of business where an order was placed and any cause of action is deemed to have arisen there.
  14. Proprietary Rights. Customer acknowledges and agrees that it is not acquiring any right, title or license in or to the Company’s intellectual property or other proprietary rights associated with any of the Products unless otherwise noted.
  15. Force Majeure. The Company will not be liable for any breach of contract due to any matter or thing beyond the Company’s control (including but not limited to transport stoppages, transport breakdown, fire, flood, earthquake, acts of God, strikes, lock-outs, work stoppages, wars, riots or civil commotion, intervention or public authority, explosion or accident.)
  16. Waiver of Breach. No failure by the Company to insist on strict performance of any of these Terms is a waiver of any right or remedy which the Company may have and is not a waiver of any subsequent breach or default by the Customer.
  17. No Assignment. Neither the Contract, nor any rights under the Contract may be assigned by the Customer without the prior written consent of the Company, which is at the Company’s absolute discretion.
  18. Severability. If any provision contained in these Terms is held by a court to be unlawful, invalid or unenforceable, the validity and enforceability of the remaining provisions are not affected.
  19. Governing Law. These Terms and the Contract shall be governed by the law of the State of Maine, USA and the parties submit to the courts of the State of Maine in respect of any dispute arising.