Terms and Conditions

1. Terms of Use

Access to and use of this website and KMP Portal both within the UK and internationally is provided by KM Products Europe Ltd on the terms set out below. These terms are subject to change from time to time without notice so should be checked regularly. Continued use of this website and KMP Portal will be deemed acceptance of the updated or amended terms.

2. Copyright

All copyright, trademarks, design rights, patents and other intellectual property rights in and on this website and KMP Portal belong to KM Products Europe Ltd. All rights reserved. Reproduction of part or all of the contents of this website and KMP Portal in any form is prohibited other than for personal use or internal business use only and may not be recopied and shared with a third party. All copyright notices in the original material must be retained. This website and KMP Portal may not be copied, modified, disassembled, decompiled or reverse engineered in any way for any commercial purpose. The permission to copy for personal and internal business use does not allow for incorporation of material or any part of it in any other web-site, electronic retrieval system, publication or any other work (whether hard copy, electronic or otherwise). KM Products Europe Ltd is not responsible for any file downloads.

3. Disclaimers

KM Products Europe Ltd makes no warranties, representations or undertakings about:

(a) Any of the content of this website and KMP Portal (including, without limitation, any references to the quality, accuracy, completeness or fitness for purpose of any such content). The information on this website and KMP Portal does not constitute advice or recommendation; or

(b) Any content of any other web-site referred to or accessed by hypertext links or otherwise through this web-site (‘Third Party Site’). KM Products Europe Ltd shall not be liable for damages, losses (whether direct, indirect or consequential), expenses, liabilities, loss of profits or costs resulting from the use of, access to, or reliance upon the information given by its employees, agents or subcontractors in relation to, contained in or available through, its website and KMP Portal. KM Products Europe Ltd does not endorse or approve the content of any Third Party Site, nor will KM Products Europe Ltd have any liability in connection with any of them (including, but not limited to, liability arising out of any allegation that the content of any Third Party Site infringes any law or the rights of any person or is obscene, defamatory or scandalous). KM Products Europe Ltd does not warrant that functions, materials and information available on this website and KMP Portal (and/or linked to this website and KMP Portal) will be uninterrupted or error free, that defects will be corrected, or that this website and KMP Portal or its server are free of viruses or bugs and other items of a destructive nature. The website and KMP Portal user is responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy particular requirements for the accuracy and security of the data input and output. Unless otherwise indicated the parts listed on this website and KMP Portal are KM Products Europe Ltd parts and are not manufactured by the Original Equipment manufacturer. Original Manufacturers’ names, parts numbers and descriptions are quoted for reference purposes only and are not intended to indicate or suggest that our replacement parts are made by the OEM.

4. General

The failure or delay of KM Products Europe Ltd to exercise or enforce any right in these terms does not waive KM Products Europe Ltd ‘s right to enforce that right. These terms shall be governed by and interpreted in accordance with the laws of, England and Wales which shall have exclusive jurisdiction over any disputes.

Conditions Of Sale

The following TERMS are automatically applicable to all sales made by KM Products Europe Ltd or (“KMP”) and cannot be amended or altered unless specified in writing at the time of the order.

1. QUOTATIONS

Quotations issued by “KMP”, unless otherwise stated, shall be open for acceptance within 30 days from the date of the offer. Customers are required to clearly identify the items they require by supplying OEM part numbers and quantities. If “KMP” is requested to research the parts numbers on behalf of the customer, then this is done on a ‘no fault’ basis. “KMP” will use its best endeavours to identify the correct part numbers. However, “KMP” will not accept liability for any errors, omissions or inaccuracies. Final responsibility for ensuring that the items have been correctly identified/selected/approved/ordered will always lie with the customer.

2. PRICES AND SHIPPING

The prices stated are without VAT and, unless otherwise stated in the order confirmation, are ex warehouse from the “KMP” premises (the point of sale). Packing is charged at 2% of the order value for shipments outside of the United Kingdom. To this effect, “KMP” ceases to be responsible for the goods once they leave the company’s

premises. Any FOB, documentation and freight charges are solely for the customer’s account. In this latter respect, “KMP” cannot be held responsible for any problems, losses or expenses arising from the carriage of the goods, even if “KMP” has appointed the forwarding agent at the customer’s request. It is recommended that customers fully insure their goods against loss or damage from the point of sale up to the delivery to their premises.

3. ORDERS

All orders should be placed in writing. If any verbal or telephone order is given, then the customer accepts all consequences that may result from any possible misunderstanding or misinterpretation on the part of “KMP”. The order acknowledgement issued by “KMP” is the final arbiter of what constitutes the contract of sale between “KMP” and the customer. The sale of goods assumes by default that the customer has read and accepted all the items, quantities, prices and payment terms set out in the order acknowledgement. “KMP” does not accept the cancellation or return of any Original (OEM/Genuine) parts or specially ordered parts unless they form part of a Warranty claim.

4. PAYMENTS

a) All invoices are payable in full without discount of any kind in the currency in which they were issued and under no circumstances shall the customer be entitled to make any deduction or withhold payment for any reason at all, or delay settlement beyond the terms agreed at the time of the order.

b) Without prejudice to any other rights of “KMP”, if the customer fails to pay the invoice amount by the due date, “KMP” shall have the right to charge interest on any overdue amount from the date on which payment was due to that on which it was made (whether before or after judgment) on a daily basis at the rate of 4% per annum over the base rate from time to time quoted for the currency in which the invoice was issued. All costs and expenses (including any legal costs) incurred by “KMP” in the collection of any overdue amount will have to be reimbursed to “KMP”.

5. WARRANTY

All the products supplied by “KMP” are covered by the company’s Warranty, details of which are listed on the company’s web site under ‘Warranty’.

6. RETURN OF PARTS

“KMP” will only consider the return of parts that it originally supplied to the customer. Under no circumstances should parts be returned to “KMP” without first obtaining written consent and being issued with a Customer Return (“CR”) number. Any goods arriving at the “KMP” premises without a “CR” number will either be refused delivery or disposed of as scrap without recourse to the customer. The customer shall have to fully accept the consequential costs of this action whether it is the costs that may be charged for the return freight and/or the loss of the part. The return costs shall be borne by the customer, unless otherwise agreed. If the return was linked to a Warranty claim, then the claim becomes null and void and KMP accepts no further liability.

If the return of parts, not covered by a Warranty claim, is granted by the issuing of a “CR” number, then a restocking charge will be levied. For items returned in “KMP” boxes in good condition without having been opened or seals broken, the charge is 15%. For items that “KMP” considers have to be inspected and/or repacked prior to restocking, a charge in excess of 15% will be made depending on the amount of work involved. If the returned goods are not of a serviceable quality, then the restocking charge is effectively 100%.

7. CANCELATION

Under the Consumer Contracts Regulations 2013 (UK customers only), you have a statutory right to cancel your order from the moment it is placed until 14 days after the goods are delivered and receive a full refund if, for any reason, you are not entirely satisfied with your purchase, you change your mind or the goods are faulty or damaged. If you need to cancel an order contact sales@kmpbrand.com. After an order has been dispatched it is not possible to cancel the delivery with our carriers. Please do not refuse to accept a delivery as a way of cancellation. If delivery of an order is refused the goods will be returned to us by our carriers. A charge is still incurred for this return which will be deducted, plus handling charges, from any refund amount.

You must notify us within 14 working days of receiving the products. All items should be returned in their original condition and packaging. If the returned items are not in a resalable “as new” condition a refund may not be possible.

8. OWNERSHIP

The products sold shall remain the property of “KMP” until payment has been made in full.

9. LEGAL CLAIMS OR PROCEDURES

Any legal claims or procedures under these Terms are to be adjudicated in the UK under the English law and must be filed through an English court.