STANDARD TERMS AND CONDITIONS OF SALE
Updated: July 2017
Sales of equipment or services by Kenda are expressly conditioned upon the terms and conditions set forth below. Kenda expressly rejects any different or additional terms and conditions previously or hereafter proposed by Purchaser unless agreed to in writing by an Authorized Representative of Kenda. Acceptance of the equipment or services by Purchaser shall constitute agreement to all provisions hereof.
Sales, Duties, Fees
Unless otherwise stated all prices are quoted in Singapore dollars. Any additional taxes, excise duties, import & export duties imposed by the Government authorities on the equipment shall be paid by the Purchaser.
Delivery dates are approximate and are based on prompt receipt by Kenda of all the necessary information including final agreement, Specifications, Payment, Official Purchase Order duly signed by the authorized representative of the Purchaser. Any delays requested on the delivery, the right to store goods at a place of its own choice will be charged to the Purchaser account.
Kenda (S) Pte Ltd warrants the products that it supplies to be free from defects in workmanship and materials, under normal use and service, for the applicable warranty term. All Kenda products carry a standard 12-month limited warranty from the date of delivery. Kenda may, at its own discretion, repair or replace any product not operating as warranted with a similar or functionally equivalent product, during the applicable warranty term. Kenda will endeavor to repair or replace any product returned under warranty within approx 12-14 weeks of receipt of your Official PO / Advance payment, whichever terms are applicable and agreed to in writing. The Limited Lifetime warranty covers a product during the Life of that Product, which is defined as the period during which the product is a current Kenda product. A product is considered current while it is listed on the current Kenda product listing. As new technologies emerge, older technologies become obsolete and the Company will, at the manufacturer’s discretion, replace an older product in its product line with one that incorporates these newer technologies. At that point, the obsolete product is discontinued and is no longer a current Kenda product. All products that are replaced become the property of Kenda. Replacement products may be either new or reconditioned. Any replaced or repaired products carry either a 30-day limited warranty or the remainders of the initial warranty whichever is shorter. Products returned to Kenda should have any customer-installed accessories or add-on components removed prior to returning the product for replacement. Kenda is not responsible for these items if they are returned with the product. The Customer must contact Kenda for a Return Material Authorization (RMA) number prior to returning any product to the Company. Proof of purchase may be required. The Customer is responsible for all shipping charges from their facility to Kenda and back to their facility after the repair. Kenda will in no way be responsible for the misuse, mishandling, damage of the product in transit either to or from its facilities. If any Kenda product does not operate as warranted above, the customer’s sole remedy shall be the repairing or replacement of the product in question, at the Company’s option. The foregoing warranties and remedies are exclusive and are in lieu of all other warranties or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties or conditions of merchantability and fitness for a particular purpose. Kenda neither assumes nor authorizes any other person to assume for it any other liability in connection with the sale, installation, maintenance or use of its products. Kenda shall not be liable under this warranty if its testing and examination disclose the alleged defect in the product does not exist or was caused by the customer’s or any third person’s misuse, neglect, improper installation or testing, unauthorized attempts to repair, or any other cause beyond the range of the intended use, or by accident, fire, lightning, or other hazard.
Limitation of Liability
In no event, whether based in contract or tort (including negligence), shall Kenda be liable for incidental, consequential, indirect, special, or punitive damages of any kind, or for loss of revenue, loss of business, or other financial loss arising out of or in connection with the sale, installation, maintenance, use, performance, failure, or interruption of its products, even if Kenda or its authorized reseller has been advised of the possibility of such damages. Nothing in these warranty conditions shall be taken to affect any applicable statutory rights
Service Support for Product out of Warranty
In the event that the Kenda product requires service outside of the warranty period it should be returned using the RMA procedure. Kenda will examine and test the product to determine the fault and the required remedy for which an Evaluation Charge will be applicable. A quotation will be supplied for the necessary repair eventually. In the event that the cost of repair exceeds 60% of the cost of new unit, the product will be deemed “beyond economic repair” and a quotation supplied to replace the defective product with a replacement. The Company will support the products throughout their design life in respect of repair, maintenance and replacement of the specified product.
Return Material Authorization (RMA)
Telephone Request – A technical support engineer will endeavor to diagnose the problem and, if it is determined that a product failure has occurred, will issue a RMA form with a designated number for the products return.
Fax or E-mail Request – A technical support engineer will endeavor to respond within 4 – 8 business hours of receiving the request. During peak hours, response times may be longer.
In order to process a warranty, repair or service request expeditiously we require the following information:
- Company Name & Address
- Contact Name, Telephone & Fax Number or email address
- Product, Part & Serial Number of units in need of repair
- Any remedial action taken to rectify the problem
- Detail Problem Description
Copyright and Title
No title to the intellectual property in the software programs or material is transferred to the Purchaser. All software and its copyrights are owned by Kenda and /or its suppliers. The Purchaser may make a single copy of the programs for use only with the system for which such programs were acquired. The Purchaser may treat the software supplied like any other copyrighted material. The written materials and firmware may not be copied.
All changes authorized by Purchaser are binding only if accepted in writing by Kenda and may result in price, delivery and /or condition changes. Price changes shall be based on the then current prices. If an extension of delivery is required beyond the original schedule, escalation shall be as agreed.
The validity, interpretation relating to the service provided by Kenda and rights, duties of the parties involved in the process shall be governed by the laws of Singapore.
All orders are subject to the stipulated applicable Kenda Standard Terms and Condition of Sales in effect at the time an order is placed.