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Terms of Sale

Terms of and Conditions of Sale within the US and Canada – End User

 

1.  Offer and Governing Provisions.  Komptec Air Systems, Inc., ("Komptec") is pleased to offer for sale to the buyer (“Customer”) the tools and equipment manufactured and/or marketed by Komptec ("Product"), subject to the following terms and conditions.  Customer agrees and represents that Customer is buying the Product for Customer’s own use and not for resale. Customer's placement of an order for a Product constitutes Customer's unconditional acceptance of the following terms and conditions.  These terms and conditions are subject to change at any time without prior notice and in Komptec's sole and absolute discretion.

 

2.  Price; Insurance; Taxes.  All prices published by Komptec or quoted by representatives of Komptec may be changed at any time without notice.  Written quotations expire automatically thirty (30) days from the date of issue and are subject to change or termination by notice during that period.  All prices are subject to adjustment on account of specifications, quantities, shipment arrangements, or other terms and conditions that are not part of the original price quotation.  If no price has been specified by Komptec, the price will be Komptec’s price in effect at the time of delivery.  Unless otherwise stated, prices are exclusive of all postage, shipping, handling, and insurance charges, all freight, customs and license fees, and all excise, sales, use, or other taxes imposed by any federal, state, municipal or other governmental authority, all of which taxes shall be paid by Customer.  Customer agrees to pay such taxes unless Customer has provided Komptec with an exemption resale certificate in the appropriate form for the jurisdiction to which the Product is to be directly shipped hereunder or other evidence that such sale is otherwise exempt from such taxes.  When applicable, such taxes will appear as a separate item on Komptec’s invoice.  All shipments will be insured at Customer’s expense and made at Customer’s risk, and Customer will be responsible for making all claims with carriers, insurers, warehousemen, and others for misdelivery, non-delivery, loss, damage, or delay. 

 

3.  Security Interest.  Komptec reserves, and Customer grants to Komptec, a purchase money security interest in all Products sold and all proceeds thereof to secure the full payment and performance of its liabilities and obligations to Komptec.  Customer acknowledges that this document or copies of this document may be filed with appropriate authorities as a financing statement and agrees to execute and deliver such other documents as may be requested to perfect Komptec’s security interest granted hereby.

 

4.  Inspection and Acceptance.  Customer will be allowed a maximum of ten (10) days from the receipt of any Product to inspect such Product.  If Customer does not give written notice to Komptec within such ten (10) day period of its rejection of such Product (and the reasons for such rejection), Customer will be deemed to have accepted such Product.  For any claims validly and timely made, Komptec reserves the right to repair any defective or damaged Products or to replace the same, including any missing Products, with identical or similar products.  Nothing in this paragraph will affect Customer’s obligation to make payment within thirty (30) days of the invoice date.

 

5.  Warranty.  Komptec warrants to Customers who purchase Product from Komptec or through authorized Komptec distribution channels that Komptec® brand Products and Tecair® brand Products will be free from defects in workmanship and materials for (a) One Year for an end user, or (b) 90 days for a commercial user. This warranty only extends to the original Customer and cannot be transferred or assigned.

 

During the applicable duration of the warranty, at its option, Komptec will repair or replace its Products which fail to give satisfactory service due to defective workmanship or materials, or provide a refund by repaying or crediting Customer with an amount equal to the purchase price of such Products.  Repair, replacement or refund shall be at the sole election and expense of Komptec and is Customer's exclusive remedy in place of all other rights and remedies.  Any Products or parts replaced or for which Komptec has provided a refund are the property of Komptec and will not be returned.  By repairing or replacing a Product, or providing a refund, Komptec does not waive a claim that a Product nevertheless has been subject to Abnormal Use (as defined below).

 

To obtain warranty service, return products to Komptec, or a Komptec representative.  Contact Komptec via telephone at 1-925-596-1056 or e-mail support@komptec.com.

 

The following information will be required with Customer’s warranty request:  (1) Date and proof of purchase, (2) where Customer purchased the Product, (3) full Customer name, (4) shipping address, (5) phone number, (6) e-mail address, and (7) item number(s) or approximate weight of return package.   Once the warranty request is validated, Customer will be provided an RMA number and sent a shipping label either electronically via e-mail or via post, and must ship the Product to Komptec, or per Komptec’s instructions.  Upon receipt of the Product, the warranty claim will be reviewed and the Product will be inspected.  If the warranty request is found to be valid, the Product will be repaired and returned to Customer or a replacement Product or refund will be shipped to Customer.  If the warranty claim is found to be invalid, the original Product will be returned to Customer.  By repairing or replacing a Product, or providing a refund, Komptec does not waive a claim that a Product nevertheless has been subject to Abnormal Use.

 

If you choose not to (1) use a carrier that offers tracking, or (2) insure or declare the full value of the Product, you will be responsible for any loss or damage to the Product during shipping.  Replacement or refund will not be issued unless a valid proof of delivery can be provided.

 

In addition to any limitations outlined in warranty statements provided with the Product, Komptec does NOT provide any warranty for (1) Products labeled other than Komptec or Tecair, or (2) Products subjected to abnormal use.  Products that are not labeled Komptec or Tecair are subject to the warranty provided by the manufacturers of those Products and Komptec will pass along any such warranties.  "Abnormal Use" includes misuse, accident, modification, unreasonable use, abuse, neglect, lack of maintenance, use in Product-related service, or use after the Product is significantly worn.

 

THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Descriptions of Product contained in this website are for the sole purpose of identifying Product and shall not be construed as an express warranty.

 

6.  LIMITATION OF LIABILITY.  KOMPTEC AND ITS AFFILIATED COMPANIES AND THIRD PARTY SUPPLIERS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSSES, COSTS OR DAMAGES INCURRED BY CUSTOMER OR OTHERS, DIRECTLY OR INDIRECTLY ARISING FROM THE SALE, HANDLING OR USE OF THE PRODUCTS, OR FROM ANY OTHER CAUSE WITH RESPECT TO THE PRODUCTS OR THE FOREGOING WARRANTY, WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY IN TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, LOSS OF USE;LOST PROFITS, REVENUES, ANTICIPATED SALES, BUSINESS OPPORTUNITIES, OR GOODWILL; OR INTERRUPTION OF BUSINESS; OR OTHER INJURY OR DAMAGE), WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT KOMPTEC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

7.  Notice of Product Design.  Komptec reserves the right to make changes in design or construction at any time without incurring any obligation to incorporate such changes in Product previously sold. Komptec also reserves the right to discontinue the manufacture or offering for sale of any Product at such time to be determined by Komptec in its sole discretion.  Komptec will use its best efforts to provide end of life cycle notice and offer lifetime buys for Products for which Komptec may not provide replacements and/or substitutions.

 

8.  Product Dimensions.  Dimensions shown on this website have been rounded up to the nearest fractional size or nearest tenth millimeter and are not exact product specifications.

 

9.  Shipping; Title; Risk of Loss.  Title and liability for loss or damage to Product will pass from Komptec or Komptec's suppliers to Customer on delivery of the Product to a carrier for shipment to Customer and any loss or damage thereafter will not relieve Customer from any obligation hereunder.  Loss or damage that occurs during shipping by a carrier selected by Komptec is Komptec's or Komptec's supplier's responsibility.  Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility.  Komptec reserves the right to make delivery of Product in installments.  In the event the shipment has not been received within fourteen (14) days of the billing (hard charge) to the credit card, Customer must contact Komptec so a tracer can be initiated on the shipment.  Komptec may terminate this contract at any time prior to the shipment date if Customer makes an assignment for the benefit of creditors, admits in writing its inability to pay its debts as they mature, or proceedings are instituted by or against Customer under the bankruptcy laws of the United States.

 

10. Delay.  Komptec and its affiliates and third party suppliers shall not be liable for any damage as a result of any delay or failure to deliver due to any cause beyond Komptec's or its third party supplier's reasonable control, including, without limitation, any act of God, act of Customer, embargo or other governmental act, regulation or request, fire, accident, strike, slowdown, war, act of terrorism, riot, delay in transportation, or inability to obtain necessary labor, materials or manufacturing facilities.  In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost because of the delay.  Customer's exclusive remedy for other delays and for Komptec's or its third party supplier's inability to deliver for any reason shall be rescission of the sale of Product.

 

11.  Miscellaneous.  Any provision which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability of such provision in any other jurisdiction.  These Terms and Conditions constitute the entire agreement between Komptec and Customer and may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of these Terms and Conditions by its express terms.  Customer hereby acknowledges that it has not entered into these Terms and Conditions in reliance upon any warranty or representation by any person or entity except for the warranties or representations specifically set forth herein.

 

12.  Governing Laws.  These terms and conditions, and use of this website, shall be governed by and construed in accordance with the laws of California, without reference to principles of conflicts of laws. The rights and obligations of the parties hereunder shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods. The courts within California will have exclusive jurisdiction over any and all disputes arising under this Terms and Conditions.