KIT - Terms and Conditions

TERMS AND CONDITIONS

ALL SALES ARE FINAL: KNIGHT INTERNATIONAL TRADERS offers no price protection of any kind.

SHIPMENT OUTSIDE THE UNITED STATES: All shipments outside the continental U.S.A. have to be paid in full before delivery.

SHIPMENT, DELIVERY, TITLE, AND RISK OF LOSS: Delivery dates are approximate and are based upon receipt of all necessary information from buyer and are not a guaranty of a particular date of delivery. Except as provided under clause #7 herein, Sellers responsibility for product ceases and risk of loss (and also title to the products in cash sales) passes over to buyer (a) upon delivery to the inland carrier where delivery is specified F.O.B warehouse or port of entry or (b) upon delivery at destination where delivery is specified F.O.B destination.

DELAY/NON-PERFORMANCE: Seller will not be liable for delays in performance, including delivery or for the failure to perform, including failure to deliver, due to (a) any cause beyond the Seller’s reasonable control, acts of Buyer, acts of Civil or Military authorities, Governmental regulations or priorities, strikes, fines, riots, wars, or natural disasters, including epidemics, storms, droughts, floods, earthquakes, or transportation delays or (b) any inability arising from causes beyond Sellers reasonable control to obtain necessary materials, components, services, or facilities. Seller will promptly notify Buyer of any material delay and will specify a revised performance date as soon as possible. In event of such delay, this agreement will not be terminated.

PRICES: Prices shown on the face hereof are firm for the quantities listed provided that Buyer and Seller have agreed on delivery date. In the absence of any agreed upon delivery date, Seller reserves the right to effect price changes at the time of shipping.

TAXES: The gross amount of any property, excise, use, value-added to other similar tax applicable to the price, sale, or delivery of any products or services furnished hereunder by Seller or Buyer shall, at Seller’s option, either be added to the prices as shown on the face hereof or Buyer will provide seller with a tax exemption certificate acceptable to the USA tax authorities.

FINANCIAL CONDITION: Any order for products by Buyer shall constitute a representation that Buyer is solvent. In addition, Buyer will furnish a written representation concerning its solvency at any time during the transaction covered by this agreement. If Buyer’s financial condition at any time does not justify continuance of performance by Seller, Seller may require full or partial payment in advance. In the event of Buyer’s bankruptcy or insolvency or in the event of proceeding is brought against Buyer, voluntarily, under the bankruptcy or insolvency laws, Seller shall be entitled to cancel any order then outstanding at any time during the period allowed for filling claims against the estate and shall receive reimbursement for its proper cancellation charges, Seller’s rights under this article are in addition to all rights available to it at law or in equity.

WARRANTY INFORMATION:

As to merchandise carrying the manufacturer’s warranty KNIGHT INTERNATIONAL TRADERS EXPRESSLY DISCLAIMS MAKING WARRANTY OF ANY KIND, IMPLIED OR EXPRESSED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL SUCH MERCHANDISE IS SOLD “AS IS” AND WITH ALL FAULTS.

Seller warrants against defect in material or workmanship, as follows:

1)	For a period of 30 day from the date of purchase, Seller will pay the labor charges and repair the defective product at our service facility. After this 30 day period, Buyer must pay for all labor charges.
2)	In addition, Seller will supply, at no charge, new or rebuilt replacements for defective parts for a period of six months from the date of purchase.

To obtain warranty service during the 30 day period (parts and labor), Buyer must take the product, or deliver the product PREPAID, to OUR service facility within the warranty period.

We ask you to carefully inspect the merchandise upon receipt and notify us of any apparent defect due to shipping, handling, etc. within 5 working days, We will accept your claim and process it as soon as possible.

1)	All merchandise that has been initially defective is subject to our verification, and will be exchanged as quickly as possible.
2)	To return any defective item you must call our office and apply for an RA# (Return Authorization Number). All goods without the proper RA number will be refused by KNIGHT INTERNATIONAL TRADERS and will be sent back to you freight collect and assessed a handling fee.
3)	We will verify through checking serial numbers whether the defective item was purchased from us, and then call you back and assign to you an RA number. This number shall only be used for the shipment in question. You must mark all sides on all boxes with the proper assigned RA number. Please ship all items prepaid and we will immediately repair or replace the merchandise (at our sole discretion and depending on item and brand). All merchandise repaired or replaced merchandise will be sent freight pre-paid.
4)	To get an RA number, you must call (323) 268-9498 Monday through Friday, 10:00 am to 5:00 pm P.S.T. No RA numbers will be assigned through our toll free numbers as they are maintained for ordering only.
5)	Any merchandise that has been abused through mishandling by persons in the chain of distribution other than KNIGHT INTERNATIONAL personnel is not covered by warranty. KNIGHT INTERNATIONAL will repair such items at customer’s expense and customer is responsible for any parts required. Please note that in some cases it takes 2-5 weeks for some repairs depending on the item and model number.

KNIGHT INTERNATIONAL shall not be liable to Buyer for indirect, incidental, or consequential damages including lost profits, revenues, business opportunities, etc. arising out of or resulting from any delay in or failure of performance required under this agreement. Buyer shall hold harmless KNIGHT INTERNATIONAL and its officers, directors, share holders, employees, and representatives from and against any claim or suit brought against any of them, by any third party on account of merchandise sold to buyer hereunder, and shall further indemnity them from any loss, cost or expense any of them may incur by reason thereof (including attorney fees)

LIMITATION OF LIABILITY: (a) SELLER WILL NOT UNDER ANY CIRCUMSTANCES, WHETHER AS A RESULT OF CONTRACT, BREACH OF WARRANTY, TORT OR OTHERWISE, BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPARY DAMAGES including, but not limited to, loss of profits or revenues, loss of use or damage to any associated equipment, cost of capital, cost of substitute products, facilities or services, downtime costs or claims of Buyers customers. (b) Seller will not be subjected to any liability, whether in contract warranty, tort, or otherwise, on any claim for loss or damage concerning products parts, advice, assistance, or service which seller furnishes to Buyer as a business courtesy, but which are not required under this agreement. (c) The invalidity, in whole or in part, or any of the foregoing subparagraphs will not affect the reminder of such subparagraphs or any other subparagraph in this paragraph (no 9)

10.

ASSIGNMENT: Buyer may not delegate any duties nor assign any of its rights or claims under this agreement without prior written consent of KNIGHT INTERNATIONAL and such delegation or assignment not in compliance with this provision shall be void. This agreement shall in all respects be binding upon the heirs, successors, representatives, and assignees of the buyer.

11.

APPLICABLE LAW, JURISDICTION, AND VENUE: All orders for items set forth herein were received at Los Angeles, CA. All payments to seller are payable at Seller’s place of business in Los Angeles, CA. Seller and Buyer agree to jurisdiction and venue in Los Angeles Country, CA.

12.

ATTORNEY’S FEES AND RELATED COSTS: In the event of any dispute concerning any provision of this agreement which results in arbitration or litigation, KNIGHT INTERNATIONAL TRADERS shall, in addition to any other recovery which may be awarded, be entitled to recover reasonable attorney’s fees and all related costs of suits incurred.

13.

ENTIRE AGREEMENT: This agreement constitutes the entire agreement between the parties and supersedes any other agreement whether written or oral, that may have been entered into by parties and shall prevail over contradictory terms and conditions in any purchase order, acceptance, acknowledgement, or other standard forms used by the parties in performing this agreement.

NOTE: Seller maintains the right to alter this agreement in any manner it deems necessary.