1. General clauses
The sale of products sold by KNS Canada Inc. depends largely on the cost of imports/purchases from manufacturers of the products and as such subject to change without any notice.
The sale of products and services is subject to the present general terms and conditions, which prevail over any other general or particular terms and conditions of purchases except by formal and written waiver by KNS Canada Inc.
KNS Canada Inc reserves the right to modify the general terms and conditions of sale at any time and in such cases the applicable general terms and conditions of sale will be those in force on the date when the purchaser placed the order.
2. Entry into force
The general terms and conditions of sale will be applicable on the date of signing of the purchase order, and are entered into for the duration required for the products ordered to be supplied, until the guarantees due by KNS Canada Inc have lapsed.
3. Price, terms of payment, penalties
Prices are stated in Canadian Dollars unless otherwise quoted, excluding taxes and shipping charges, and are valid only on the date at which the purchase order is sent by the purchaser.
Validity of the quotations are generally 30 days unless otherwise conformed formally and in writing. The purchaser will inform KNS Canada Inc in writing its acceptance of the offer or to place an order in writing; bearing in mind that KNS Canada reserves the right to revoke any offer or bid, orally or in writing, until such time as confirmation or an order has been received within the validity of the written quotation and shall not accept any liability for any such revocation.
The purchaser is not entitled to deduct any sum or amount in the name of any compensation or claim, unless the validity and amount of such sums received prior written agreement from KNS Canada Inc.
Payment of the invoice must take place according to the conditions indicated on the invoice. No discounts shall be granted for early payment.
Method of payment is by Letter of Credit, Electronic Fund Transfer or by Cheque as stipulated in the quotation. Payment shall be made in Canadian Dollars or any other currency as agreed in writing by KNS Canada Inc.
Should the purchaser fail to pay any amount due to KNS Canada Inc, KNS Canada Inc. reserves the right to suspend, with or without notice, any delivery to the purchaser until the purchaser has paid the amounts due, and to repossess any equipment delivered. In this case, the purchaser shall forfeit the benefit of the term, and KNS Canada Inc may demand immediate payment of the outstanding amount. The purchaser shall bear the cost of any expenses incurred by KNS Canada to repossess any delivered equipment and/or to collect the outstanding amounts.
In the event of late payment, the purchaser must pay KNS Canada Inc. interest equal to twice the legal rate of interest. This late payment interest accrues starting from the day after the payment date shown on the invoice in cases where the amounts due are paid after that date.
By way of a penalty clause, KNS Canada may in addition claim damages amounting to 10% of the amount remaining due.
4. Delivery address
KNS Canada Inc. shall deliver the products to the address indicated by the purchaser (the ‘Installation Site’) in (i) the purchase order, or (ii) the contract signed by KNS Canada Inc and the purchaser.
At the time of delivery, the purchaser must check that the packages and their contents are in good condition. In the event of damage or missing products, the purchaser must write his reservations in details on the delivery note, with confirmation by telephone, letter, or e-mail to KNS Canada Inc. within three days of the delivery, and by registered letter with acknowledgement of receipt sent to the carrier.
KNS Canada guarantees to deliver the products in good working order complying with all regulatory requirements along with user guide(s) necessary for their operation.
5. Retention of ownership
KNS Canada Inc. retains ownership of the goods sold until actual payment is received in full of the invoiced price. Nonetheless, during period between delivery and transfer of ownership, the risks of loss and damage to the goods sold, theft or destruction, and any damage which may be caused by the products, are the responsibility of the purchaser.
Failure by the purchaser to fulfill their payment obligations, for any reason whatsoever, gives KNS Canada the right to demand immediate return of the products delivered, where the purchaser must pay all costs and fees and assume all risks.
KNS Canada Inc. undertakes to perform servicing and repair of the products in the event of malfunction despite operation under normal conditions.
This guarantee applies to all damage or malfunction resulting from manufacturing defects in the products, subject to the condition that the products have been used in compliance with manufacturer and KNS Canada Inc’s recommendations and by personnel who have received the mandatory training.
Duration of guarantee: The manufacturer guarantee is limited to a duration of 12 months unless otherwise agreed to an extended warranty contract with KNS directly for additional years warranty. The guarantee period runs from the day of delivery of the products. In the event of replacement or repair of a component of the products during the guarantee period mentioned above, the guarantee period for this component shall be extended until the expiry of the guarantee applicable to the component concerned.
This guarantee shall prevail over any other guarantee, whether written, oral, express, tacit, or legal. No express or tacit guarantee is granted by the present terms and conditions with regard to the commercial value or suitability of the products for a particular use.
The guarantee does not cover defects or failures (including failure to comply with product specifications) resulting in whole or in part from any alteration, inappropriate storage, maintenance or use of products by an unauthorized person, transportation of any device to different locations that is note a mobile/portable device (and in case of portable or mobile device transporting in appropriate packages, transportation vehicle or carrier), failure to comply with the recommendations or written instructions provided by the manufacturer of the device and/or KNS Canada Inc.; the use or combining of products with any object or data not authorized by the manufacturer or KNS Canada Inc, any alteration, modification or repair carried out by the customer, use of an inappropriate voltage when connecting the products, any cause external to the equipment or beyond the reasonable control of KNS Canada Inc, any aesthetic damage, any travel costs for on-site service calls and any costs related to the repair or replacement of products or their spare parts.
KNS CANADA INC. SHALL NOT UNDER ANY CIRCUMSTANCES BE HELD RESPONSIBLE FOR DAMAGE RESULTING FROM A DELAY IN THE SUPPLY OF THE SERVICES DESCRIBED IN THE PRESENT DOCUMENT AND THE REPAIR OF PRODUCTS. LIKEWISE, KNS CANADA INC. SHALL NOT BE HELD RESPONSIBLE FOR DAMAGE RESULTING FROM A VIOLATION OF THE TERMS OF THIS GUARANTEE.
KNS Canada Inc will Calibrate probe of any supplied device/device using manufacturer provided special calibration benches/instruments at their facility. It is customer responsibility to send the probes/devices to KNS facility and pay for any transportation costs unless otherwise agreed by KNS Canada Inc. KNS Canada Inc will not be responsible for any damage or loss of such devices/probes in transit.
Limitation of liability:
The liability of KNS Canada Inc. in its capacity as a seller of the products is limited to the value of the products ordered by the purchaser for all damages arising from the products.
Availability of service:
In the event that this guarantee is invoked, the customer must contact KNS Canada Inc.. KNS Canada Inc. will then do its utmost to provide the customer with the services stipulated in this guarantee, it being understood that all actions carried out by KNS Canada shall take place during its business hours.
The customer must duly complete the installation certificate by way of proof of installation of the products.
7. Cancellation of order and returns
No unilateral cancellation of the order by the purchaser without the agreement of KNS Canada Inc. shall be accepted. Any cancellation of an order, for any reason whatsoever, if accepted by KNS Canada Inc., shall entitle the customer only to reimbursement of the amounts paid. No compensation may be demanded with regard to this cancellation.
In the event of the purchaser cancelling the order without the agreement of KNS Canada Inc, acknowledgement of the cancellation shall give rise to compensation set at 10% of the net (pre-tax) amount of the order and the acquisition of the deposits, if any, paid. No returns shall be accepted without prior agreement from KNS Canada Inc., and its after-sales department in particular.
8. Force majeure
KNS Canada Inc shall not be held liable for any delay or failure to execute its obligations in a case of force majeure, in particular in the event of natural disaster, adverse weather, fire, explosion, flood, national strike, accident, riot or civil unrest, or any delays caused by the manufacturer of the product. Any expected delays due to production delays by the manufacturer, KNS Canada Inc. will notify the cline at least 2 weeks before the delivery date.
9. Disposal of Waste from Electrical and Electronic Equipment and Medical Waste
In compliance with waste diversion program for waste electrical and electronic equipment approved by the Minister under section 26 of the Act. O. Reg. 245/08, s. 1, responsibility for the financing and organization of the removal and processing of waste from the electrical and electronic equipment covered in the present contract of sale is transferred to the purchaser, who accepts it. The customer handles the removal of the equipment being sold, its processing and recycling, in compliance with the above-mentioned decree.
In the event of an audit, KNS Canada Inc. may ask the purchaser to provide documents showing that the purchaser is fulfilling all the obligations that were transferred to it via the contract of sale for this equipment.
10 . Applicable law and election of jurisdiction
The present general terms and conditions of sale are subject to Canadian Law.
In the event of a dispute and in the absence of an out-of-court settlement, all disagreements concerning the formation, execution, and termination of contractual obligations between the parties shall be subject to the jurisdiction of the Ontario Commercial Court.