Acceptance of Orders
All orders are subject to written acceptance by KML Electronics LLC. Receipt acknowledgment alone does not imply acceptance. KML Electronics LLC’s acceptance is conditioned upon these Terms and Conditions. Any differing or additional terms proposed by the Customer are invalid unless agreed to in writing by KML Electronics LLC.
Cancellations
Standard product orders can only be canceled with written consent from KML Electronics LLC prior to shipment. Orders for custom or NC/NR products cannot be canceled or refunded. Reasonable cancellation or restocking fees may apply to approved cancellations.
Returns
For defective goods (as defined under warranties in Section 13), the Customer must reference the related invoice. The Customer must submit a signed document indicating intent to return the product. Returned products should be in their original condition and packaging; non-compliance may incur additional charges. The Customer bears the cost and risk of return, including customs fees. Defective items will only be replaced or exchanged if they fail to meet functional specifications after verified testing.
Pricing Policy
Prices are determined at shipment time.
Quotations
Quotes are valid for five working days unless specified otherwise. If order quantities change, pricing and restocking fees may be adjusted accordingly.
Taxes
All prices exclude applicable taxes, which the Customer must pay or provide a valid tax exemption certificate for.
Payment
Payment terms are specified on invoices and may require prepayment. Payment may be completed through cash, major credit cards, wire transfer, or check. KML Electronics LLC may halt shipments if payment issues arise, and the Customer is responsible for any collection costs.
Title and Delivery
Orders are shipped EXW (Seller’s Dock) per Incoterms 2020. Shipping charges are Customer’s responsibility, and delivery dates are estimates. Partial deliveries are allowed, and the Customer must accept and pay for these.
Force Majeure
KML Electronics LLC is not liable for delays or failures due to causes beyond its control, including natural disasters or supplier issues.
Held Orders
Orders delayed by Customer are subject to the terms and pricing in effect at release. Excessively delayed orders may be considered terminated.
Special Packaging
Prices include standard packing. Additional packaging needs are quoted separately.
Product Notices
Customer must relay all product-related information provided by KML Electronics LLC to end-users.
Warranties and Remedies
KML Electronics LLC warrants products to be free from material and workmanship defects for 60 days from shipment. Defective products verified by a third-party test may be repaired, replaced, or refunded. The warranty applies only to functional defects confirmed through testing.
Limitations of Liability
KML Electronics LLC is not liable for lost profits, revenue, goodwill, or incidental or consequential damages. Liability for defective products is limited to the order’s purchase price.
Dispute Resolution
Disputes shall first be addressed through mediation. If unresolved, they may proceed to arbitration in the Republic of India.
Indemnity
Customer shall indemnify KML Electronics LLC for any third-party claims related to Customer-specified designs or specifications.
Disclaimer
KML Electronics LLC products are not intended for life support or critical applications, and Customer assumes all risks for such uses.
Intellectual Property
Any software or intellectual property provided is subject to its licensing terms and is not transferrable without express permission.
Transfer
For product transfer to a third party, Customer must ensure liability protections for KML Electronics LLC or indemnify KML Electronics LLC for any claims.
Miscellaneous
Any invalid provision does not affect the remaining Terms. Customer cannot assign obligations without KML Electronics LLC’s consent. These Terms are subject to change, and any new terms apply to subsequent orders. These Terms are governed by Delaware State law.