KTN General Conditions of Sale

KARA TECHNOLOGY NEWS

I General:

1.- Except for modifications or derogations agreed in writing, all orders shall conform to the following general conditions of sale.
2.- The catalogs, price lists, quotations and other documentation, flow rates, etc., are for information purposes only and do not constitute any commitment on our part and may be modified or deleted at any time without prior notice.
3.- Under the same conditions, we reserve the right at any time to vary our products and assemblies, designs, layouts, components, etc., when circumstances so advise us, even if there are previous supplies, which cannot be presented as background information.

II Offers
1.- All our offers are subject to our subsequent written acceptance of the corresponding order.

III Orders
1.- When placing the order, which will be made in writing (letter, email, telex or fax), the following must be detailed:
a) Explicit and concise definition of the product.
b) The code number (KTN) or, failing that, the model number.
e) Connection type and size.
d) Material.
e) Service conditions (fluid, pressure, temperature, etc.).
f) How many specifications are considered appropriate for determining the product
2.- By simply placing the order, whether firm, consignment or sample, the customer recognizes our general conditions of sale and accepts them.
3.- Any condition stated by the buyer in their order, which does not comply with our general conditions of sale, will be considered void.
4.- Only our acknowledgment of receipt of the order constitutes a supply commitment.

IV Cancellation of orders
1.- KTN reserves the right to cancel orders pending delivery, without incurring any obligation for compensation in the following cases:
a) When, in our opinion, the buyer has totally or partially breached previous contracts.
b) If our technical processes, supply, experience, advise desisting from
the making. In such cases, KTN would notify the customer in writing of the cancellation of the order.
2.- Orders for special products or abnormal quantities cannot be cancelled, nor are variations accepted in previously agreed specifications, shipping point, delivery times, etc., unless KTN is compensated. strong> of any expenses, damages or losses caused or have been caused.

a) Any request for special material that exceeds the 30-day delivery period from the date of the customer’s order will be considered. All special orders require a 50% advance payment with the purchase order.

V Delivery times
1.- Regarding the products available in our warehouses, delivery will be made when the order is accepted and by written confirmation order.
2.- The material available or in immediate mounting conditions will be supplied the day after the date of receipt of the order.
3.- Regarding those that we do not have available in our warehouses or that are special manufactures, we will indicate in our acknowledgments of receipt of the corresponding orders, deadlines for purely indicative purposes, which will be subject to cases of force majeure, such as strikes, lockouts. , fires, floods, accidents, delays in the deadline assigned by our suppliers, government actions or impositions, denial of an import license and other circumstances beyond our control. Therefore, non-compliance does not give the right to cancellation, nor may it give rise to any liability on our part, nor consequently give rise to the payment of compensation for any damages or losses that may have been caused to the buyer.
4.- We reserve the right to carry out partial deliveries on account of the order

VI Expeditions
1.- The delivery of the goods is understood to have been carried out in our workshop in Rubí, our responsibility for it ceasing at the moment we make it available to the carrier.
2.- We do not assume the transport risks, which will be entirely borne by the buyer, even when the damages and losses caused during the same are due to unforeseen events or force majeure, extending the aforementioned to the cases of consignment shipments. and in those of samples, tools, materials and equipment for assembly, assistance or repairs.
3.- Unless specifically notified, the goods will be shipped by the means of transport that we freely choose and at the expense and risk of the buyer.
4.- The fact that we contract the transportation of the goods, or an assembly or work on site, will not imply acceptance on our part of the aforementioned risks.
All the previous paragraphs of this section are also valid for these cases.

VII Packaging
1.- If it is considered necessary, the goods will be packed at the customer’s expense.
2.- The cost of packaging, for the national market, is not included in the price of the goods and will be borne by us.
3.- Under no circumstances can we be required to pay in whole or in part for any returned packaging.
4.- Shipping weights are approximate and are based on the product design.

III Prices
1.- Our prices are established according to the costs of labor, materials and transportation, tariffs, customs, currency exchange, etc., in force at the time to prepare our offer, so we reserve the right to readjust it in the event that any of the aforementioned factors are altered during the period between our offer and our order confirmation.
2.- The prices of our rates They are for the “standard” products coded in them, subject to our usual material verifications, quality controls and certifications.
3.- Any request for special products in design, material, etc., or that require an inspection on behalf of the client with special certifications, must be offered or discussed in each case.
4.- The prices are for material packaged and placed in our workshop in Rubí (Spain), the products traveling at the client’s expense and risk. .
5.- All prices, in general, can be modified without any obligation on our part to notify it in advance.
6.- Price modifications will not affect orders pending delivery.
br />7.- Prices not indicated in the rates or budgets are billed freely, and prices recorded in invoices or quotes cannot be accepted as valid

IX Method of payment
1.- Unless otherwise indicated in writing, payment will take place within 30 days of the invoice date at most.
If it is Buyers whose credit is not open, payment will be in cash, and a partial advance may even be required. If the payment is in installments, failure to pay one due date will cause the others to expire, and KTN may choose between demanding immediate payment of the balance by the client, or recovering the merchandise without the need for judicial intervention.
The Delay in the payment of any installment, without prejudice to the aforementioned, will entail a surcharge of 2% per month, always calculated from the date of the first due date until the date of its subsequent settlement, plus return and processing costs.
The delay in payment of the installments will not justify any claims that the buyer may make in relation to the purchased material.
2.- All expenses caused by the postponement of a payment will be borne by the buyer.

X Reservation of title
l.- The materials always remain the property of KTN until the buyer has paid the entire value, remaining Any pledge or sale is prohibited. In any case of suspension of payments, bankruptcy, withdrawal or bankruptcy, the buyer is obliged to state the express reservation of ownership of the materials that have not been paid in full; In the event of seizure of said materials by a creditor of the buyer, the buyer is obliged to immediately inform KTN and state in the diligence carried out the express condition of goods in reserve of title. .

XI Guarantees
1.- KTN guarantees its products against manufacturing defects, provided that the payment conditions have been previously met, and if they are used for the purposes for which they have been manufactured and sold.
2.- KTN guarantees the material against all defects for a period of 3 years and the maintenance of the relevant spare parts for 10 years. In the case of a claim and if the problem appears during the first 6 months from the delivery of the good, it is presumed to be an original defect. If the problem appears after 6 months, KTN may demand that it be proven that the fault existed originally. The warranty protects manufacturing defects.

In any case KTN is only responsible for breakdowns that affect the material supplied by it, but never for defects or damages that the poor
functioning of said materials may cause in facilities, machines or circuits where they were installed, even in the event of accidents or losses in production. KTN does not accept any claim for damages
for any reason whatsoever.
The warranty does not cover breakdowns caused by wear, improper handling, supplementary assemblies (actuators, positioners, end of career…) or inadequate working conditions, as well as because the device or materials have been dismantled, whether or not they show signs of it.
3.- All round-trip shipping costs, route hours, accommodations and trips, will always be at the customer’s expense.
4.- In the case of components from other sources, the guarantee will be the one granted by their manufacturers.
5.- This guarantee is void and will have no effect or value, if the guaranteed product has been modified regardless of whether or not the modification contributes to the defect or damage of the product.
6.- Any modification of the product is understood to be made under the responsibility and risk of the client, except if has written consent from KTN.
7.- The buyer is obliged to indemnify KTN and release it from any liability, in the event that said modified product causes any material or personal damage.
8.- Any buyer who modifies a KTN product and resells it is obliged to notify their client that KTN does not guarantee or will replace the product in question.
9.- KTN reserves all legal opportunities available to it, including claims for lost profits and damages, to customers who modify, in whole or in part, partly its products.

XII Claims
1.- Any claim to KTN due to missing shipment, error or regarding our products, must be made by the customer using the form of KTN claims and within a maximum period of 15 days from the date of shipment of the material.
2.- KTN will not make any repair, exchange or refund to the customer, if this does not accompany the claim for defects, a certificate proving that said product or part of it was issued in a period of less than 6 months.
3.- KTN may require the buyer to examine the merchandise at the time of receipt and give his consent regarding quantity and quality, in this case the provisions of article 336 of the Spanish Commercial Code will apply.
4 .- In the event that the material has been designed by drawing, model or instructions of the buyer, we are exempt from liability if we violate patents or Industrial Property rights, and in case of claims from third parties the buyer will be exclusively responsible.

XIII Returns
1.- Returns will not be accepted, without prior written consultation with KTN, who will transmit the corresponding written authorization if applicable, which It must be accompanied when returning the material.
2.- Only new, unused material, of current manufacture and that must not have undergone any modification will be accepted.
3.- Returns of products will not be accepted. that have been manufactured especially for the client, or that have been subject to special quality certification.
4.- A 10% reduction will be established in the price of the material to be returned, in order to compensate for the costs of receipt , verification and testing, according to the current rate.
5.- A 30% reduction will be established in the price of the material to be returned, in the case of safety valves, in order to compensate for the costs of assembly, testing , expedition, reception, disassembly and traceability.
6.- In no case will transportation costs be borne by us.

XIV Jurisdiction
l.- All divergences that may arise in the interpretation of these conditions of sale will be submitted to arbitration, as an essential prior procedure to judicial proceedings and, in In the event of litigation, both the buyer and the supplier explicitly accept their submission to the Courts and Tribunals of Terrassa and their superior hierarchies and will be judged in accordance with Spanish laws.
With express waiver of their own jurisdiction, in the event of be another.
Likewise, for all issues that may arise, derived from total or partial non-payment of our invoices, for the purposes of jurisdiction they will also be subject to the courts of Terrassa and in accordance with Spanish laws.</br /> p>XV Material on consignment
1.- GRM reserves the right to transfer on consignment all the material it deems appropriate.
2.- After the time GRM deems, may demand the return of the material, with the costs of verification and recycling being borne by the client.
3.- If the client decides to purchase the material that is on consignment, it will be invoiced applying the prices of the tariff. in force.

XVI Repairs
1.- Indicate clearly if there is any suspicion that there are still traces of the fluid inside and if it is harmful. Help prevent any accident!
2.- Attach the repair order to the valve.
3.- Shipments will be made to our workshop in Rubí (Barcelona-Spain) with postage paid, if applicable. Otherwise they will not be accepted.
4.- Repairs at the customer’s request can be budgeted, as a guideline by our technicians, but subject to possible imponderables when proceeding with disassembly.
5.- The repair will be returned postage due, attaching the defective materials