These conditions shall be deemed to be incorporated in all contracts of the Company to sell Goods and in the case of any
inconsistency with any order letter or form of contract sent by the customer to the Company or any other communication
between the customer and the Company whatever may be their respective dates the provisions of these conditions shall
prevail unless expressly varied in writing and signed by a director on behalf of the Company. Any concession made or
latitude allowed by the Company to the customer shall not affect the strict rights of the Company under the Contract. If in any particular case any of these conditions shall be held to be invalid or shall not apply to the Contract the other
conditions shall continue in full force and effect.
Contracts and orders are accepted only subject to our Conditions of Sale as set out hereunder and the customer shall be bound by such Conditions. No modification of these Conditions or the particulars in our acceptance will be recognised by us unless expressly accepted by us in writing. Unless so agreed any qualification thereof or difference contained in the customer own order forms shall be inapplicable. All orders whether based upon this quotation or otherwise shall be subject to our written acceptance.
- Unless verbal, telephone, e-mail or telegraphic orders and any variations to orders are confirmed in writing by the
Customer the Company shall not be responsible for errors or subsequent misunderstandings.
- Notwithstanding that the Company may have given a detailed quotation no order shall be binding on the Company
unless and until it has been accepted in writing by the Company.
- If customer purchase any item using our website, please note no need to require our official quotation as we have
already displayed the price in our website.
- The price payable for Goods shall, unless otherwise stated by the Company in writing and agreed on its behalf, be the
list price of the Company current at the date of despatch.
- All prices are shows basic price, all Taxes are extra (applicable as per Govt rules & regulation) .This will be charged at the appropriate rate. The TAX not included in the quotation or invoice will be added where applicable.
- Packing / Transportation: Unless otherwise agreed goods shall be delivered in our standard packaging. Special
packaging specifications to meet the Customer requirements must be referred to us for review and acceptance. We
shall make a charge for this and the cost will be shown as a separate item on the invoice.
- All Goods / Transit insurance to be arranged by Customer under their insurance policy.
- The Company's prices are subject to adjustment to take account of any variation in the Company's costs including
(but not limited to) variations in wages, the cost of materials, exchange rate fluctuations, alterations of duties and other costs since the date of the Company's quotation or (if no quotation is issued) the Customer order. The Company
accordingly reserves the right to adjust the order acknowledgment price by the amount of any increase or decrease
in such costs after the price was originally quoted.
VARIATION OF PRICE
KTI reserve the right to alter the quoted prices of all or any of our products at any time without notice in the event of any
variation in costs incurred by us after acceptance of the Customer order. Orders are accepted at the prices current at the time of acceptance and on the understanding that they may be invoiced at prices ruling on the date of despatch
irrespective of prices previously quoted. The quoted price is also subject to adjustment if any changes are made by the
Customer in the specification or quantities or delivery requirements.
TERMS OF PAYMENT
- Unless otherwise stated by the Company in writing and recorded on the Company's acknowledgment of order,
payment shall be due in cash not later than the end of the month following the month of the date of the invoice save
that payment shall become due in any event forthwith upon the occurrence of any of the events referred to in
Condition 13 hereof.
- Without prejudice to any other rights it may have, the Company is entitled to charge interest at 2% above the then
Current Base Rate of our Bank PLC on overdue payments of the price of the Goods confirmed Letter of credit in the
name of our Principal.
- Some of our Instruments we will delivery directly our Principal to Customer end, in that case Customer will pay the 100% amount to our Principal through TT Transfer in advance. Payment could alternatively be made by opening a
confirmed Letter of credit in the name of our Principal
- Some of our Instruments we will delivery directly our Principal to Customer end, in that case we will charge you 100%
Advance against Proforma Invoice by T.T Transfer (Bank details will follow).
- For local order customer will pay 100% amount against Proforma Invoice, if the Instrument in not ready with us then
customer will pay the amount of 50 % basic price of the instrument. Once the Instruments ready with us then Customer
will pay rest of amount before dispatch the instrument.
- All times or dates given for delivery of the goods are given in good faith but without any responsibility on the part of the Company. Time of delivery should not be of the essence of any contract nor shall the Company be under any
liability for any delay beyond the Company's control.
- Where the Goods are handed to a carrier for carriage to the Customer.
- No liability for non-delivery loss of or damage of the Goods occurring prior to delivery or for any claim that the Goods are not in accordance with the Contract will attach to the Company unless claims to that effect are notified in writing by the Customer to the Company (and in the case of claims for non-delivery loss or damage with a copy to the
carrier if the Company's own vehicles have not been used to deliver the Goods): (a) within seven days of delivery for
loss damage or non-compliance with the Contract or
(b) Within ten days of the date of the invoice for non-delivery.
- In the event of a valid claim for non-delivery loss damage or non-compliance with the Contract the Company
undertakes at its option either to repair or replace the Goods at its expense but shall not be under any further or other
liability to any person in connection with such non-delivery loss damage or non-compliance.
- If the Customer shall fail to give notice in accordance with condition above the Goods shall be deemed to be in all
respects in accordance with the Contract. Without prejudice to earlier acceptance by the Customer it shall be
bound to accept and pay for the same accordingly.
- Every effort will be made to maintain delivery dates but we accept no liability for the delay, however occasioned, or
for the consequences of any delay. Delivery shall be when the goods are ready and at the Customer's nominated
place of delivery.
- When we will issue our quotation that time we will mentioned the validity date or once we receive your purchase
order that time we will confirm our delivery date.
Goods supplied in accordance with the Contract cannot be returned without the Company's prior written authorization.
Duly authorised returns shall be sent to the Company's Premises at the Customer expense.
PASSING OF TITLE & RISK
- From the time of delivery the Goods shall be at the risk of the Customer who shall be solely responsible for their custody
and maintenance but, unless otherwise expressly agreed in writing, the Goods shall remain the property of the
Company until all payments under the Contract have been made in full and unconditionally. Whilst the ownership of
the Company continues the Customer shall keep the Goods separate and identifiable from all other goods in its
possession as bailey for the Company.
- In the event of any resale by the Customer of the Goods the beneficial entitlement of the Company shall attach to
the proceeds of sale or other disposition thereof so that such proceeds or any claim therefore shall be assigned to the
Company and until and subject to such assignment shall be held on trust in a separate identified account for the
Company by the Customer who will stand a strictly fiduciary capacity in respect thereof.
- In event of failure to pay the price in accordance with the Contract, the Company shall have power to re-sell the
Goods. Such power being additional to (and not in substitution for) any other power of sale arising by operation of law
or implication or otherwise and for such purposes the Company and its servants and agents may forthwith enter upon
any premises or land occupied or owned by the Customer to remove the Goods.
CONDITIONS & WARRANTIES
- The Contract shall not constitute a sale by description or sample.
- Any conditions or warranties (whether express or implied by statute common law or arising from conduct or a previous
course of dealing or trade custom or usage) as to the quality of the Goods or their fitness for any particular purposes
(even if that purpose is made known expressly or by implication to the Company) or as to the correspondence of the
Goods with any description or sample are hereby expressly negative.
- We warrant the goods to be free from defects in material and workmanship. Our liability under this warranty shall be
limited to repairing or furnishing parts to replace any parts which within 12 months from the date of receipt thereof by
the customer fail because of defective workmanship or material provided or furnished by ourselves. As a condition
hereof-such defects must be brought to our attention for verification when first discovered and the material or parts
alleged to be defective shall be returned to us if requested. For expenses of the Customer for repairs or replacements
or for damages for delay or loss of use or other indirect, incidental or consequential damages of any kind. If inspection
by ourselves does not disclose any defects in material or workmanship, our regular published rates will be charged as
they apply. We may use improved designs of the parts to be replaced. This warranty does not apply to any material
which has been repaired or altered outside our premises in any way so as in our judgement to affect its performance
or reliability; or to any defect in any parts to misuse, negligence, accident or any cause other than normal and
reasonable use nor shall it apply beyond their normal span of life to any materials whose normal span of life is shorter
than the applicable period stated herein.
- In substitution for all rights which the Customer would or might have but for these Conditions the Company undertakes
in the case of Goods dealing by the Company; that if within twelve months of delivery of such Goods a defect which
under proper use appears therein and arising solely from faulty design, materials or workmanship (excluding any
electrical component) it will at its own discretion, provided the Goods have been accepted and paid for by the
Customer, repair or replace them or supply new parts therefore and shall return them by courier / air parcel / post free
of charge in order to exercise its rights under this condition. The Customer shall inform the Company as soon as
practicable after the date which such defect appeared. The Company will reject any claim for warranty
replacement if the Goods have been tampered with or if there has been an attempted unauthorised repair.
- In the case of Goods not manufactured by the Company, the Company will pass on to the Customer to the extent
that it is able any benefits obtainable under any warranty given by the Company's supplier provided that the Goods
have been accepted and paid for.
- Nothing herein shall impose any liability on the Company in respect of any defect in the Goods arising out of the acts,
omissions negligence or default of the Customer its servants or agents including in particular without prejudice to the
generality of the foregoing any failure by the Customer to comply with any recommendations of the Company as to
storage and use of the Goods (including without limitation any instructions provided by the Company as to the
calibration of the Goods).
- Nothing herein shall have the effect of excluding or restricting the liability of the Company for death or personal injury
resulting from its negligence in so far as the same is prohibited by KTI.
CONSEQUENTIAL LOSS / CLAIMS
- The Company shall not be liable for any costs claims for damages or expenses arising out of any tortuous act or
omission or any breach of contract or statutory duty calculated by reference to profits, income, production or
accruals or loss of such profits, income, production or accruals by reference to accrual of such costs, claims, damages
or expenses on a time basis.
- The Customer shall inspect the goods immediately on delivery thereof. If the Customer to give notice or report in
accordance with this clause the goods shall be deemed to be in all respects in accordance with the contract and
the Customer shall be bound to accept and pay for the same at the time or times specified hereunder unless a written
claim is received:
(i) By both us and the carrier within three days of delivery in respect of damage, delay or partial loss in transit.
(ii) By both us and the carrier within 28 days of dispatch in respect of non-delivery.
(iii) By us within 28 days of delivery in respect of any other matter. Goods subject to any claim must be stored free of
charge for our inspection.
DEFAULT ON INSOLVENCY OF THE CUSTOMER
If the Customer shall be in breach of any of its obligations under the Contract or if any distress or execution shall be levied
on the Customer property or assets or if the Customer shall make or offer to make any arrangement or composition with his
creditors or commit any act of bankruptcy or if any bankruptcy petition be presented against him or (if the Customer is a
company) if any Resolution or Petition to wind up such company shall be passed or presented or if a Receiver of the whole
or any part of such company's undertaking property or assets shall be appointed, the Company in its discretion and
without prejudice to any other right or claim may by notice in writing determine wholly or in part any and every contract
between the Company and the Customer or may (without prejudice to the Company' s right subsequently to determine
the contract for the same cause should it so decide) by notice in writing suspend further deliveries of Goods until any
defaults of the Customer be remedied.
LIMITATION OF LIABILITY
The liability of the Company to the customer for any loss or damage of whatsoever nature and howsoever caused shall
be limited to and in no circumstances shall exceed the price of the Goods.
TITLE & INSURANCE
Property in the goods shall remain vested in us until payment therefor shall have been made by the customer in full. In the
event that the goods shall be in any way adapted or incorporated by the customer or any third party into any other goods
the customer shall pending the sale of the goods so adapted or of such composite goods hold the same as security for
payment to us of all moneys due in respect of the goods. Any moneys received by the customer from resale of the goods
whether in the original state in which they were received from us or so adapted as aforesaid or from the sale of such
composite goods shall be held by the customer on trust to pay to us all moneys due from the customer to us in respect
thereof. The customer shall if so requested by us assign to us all rights the customer may have against any subsequent
purchaser for payment for the goods whether in the original state in which they were received from us or so adapted as
aforesaid or for such composite goods and any other rights and claims against such a purchaser in connection therewith.
All the material which we are supplying to our customer, customer must arrange insurance under their insurance police, if
the material damaged under transit then we will not responsible for the same, we request to our customer please contact /
claim to their insurance agent/ company.
DRAWINGS & ORIGINALS
We accept no responsibility whatsoever for the accuracy of drawings, patterns, specification or other data supplied to the
customer and in respect of which the customer shall have indicated their approval in writing. All drawings and other
descriptive matter supplied by us are supplied in confidence and are subject to copyright protection and are not to be
reproduced either in whole or in part without our prior written consent. We will supply such drawing as per our Principal
terms & condition, if our Principal is not agreed to supply such drawing then we are unable to supply the same.