GENERAL TERMS AND CONDITIONS OF SALE
1.- INTEGRITY OF THE CONTRACT.
The acceptance by the Seller of the Buyer’s order is expressly conditioned on the agreement and acceptance by the Buyer of the terms and conditions contained in this document, together with any of the special terms stipulated by the Seller on the cover thereof, constitute the final and complete agreement between the parties, which cannot be varied except by express modification in writing duly authorized by the Seller and signed by the parties. Seller shall not be bound by any of the terms or conditions contained in the Buyer’s forms, which modifies in any way the terms and conditions expressed in the Seller’s forms. The lack of non-objection on the part of the seller regarding the stipulations contained in the Buyer’s forms shall not be considered an acceptance by the Seller or a waiver of the terms and conditions. The terms and conditions of the Seller here included or stipulated in any of the forms or packaging materials of the Seller, will govern and prevail regardless of whether the purchase order or other forms of the Buyer precede or succeed this document and regardless of whether the forms of the Buyer indicate that the terms and conditions contained therein will govern and cannot be modified.
2.- CREDIT APPROVAL, INFORMATION, AND ACCEPTANCE.
All orders, orders, purchases, sales, repairs, exchanges, returns, shipments, reshipments are subject to the approval of the creditworthiness of the Buyer and the acceptance by the Seller. As a condition of sale, the Buyer grants the Seller the right to investigate the Buyer’s credit history, exchange credit information with third parties and inform third parties regarding the accounts and the relationship between the Buyer and the Seller, and the Seller of any liability that may arise from the foregoing.
3.- TAXES AND ADDITIONAL EXPENSES ON BEHALF OF THE BUYER.
In addition to the purchase price, the Buyer will be responsible for paying all taxes that are generated, including the value-added tax, consumption, use privilege, values, customs, and any other type of taxes, levies, fees, or similar charges, taxes levied or increased by virtue of any municipal, state, federal, international or other national law, rule, ordinance or regulation with respect to the merchandise sold to the Buyer or any part, component or article contained therein, including the import, processing, distribution, sale or export of raw materials, parts or merchandise or services. Likewise, the Buyer will be responsible for any additional expenses incurred by the Seller as a result of the obligations imposed by municipal, state, federal, international laws or any other nation that regulate the fees and costs of labor for the production or handling of the goods or services. In the event that Seller, for any reason, is obliged to pay such taxes, Buyer shall, upon request, immediately refund such amounts to Seller. Buyer shall provide, at the request of Seller, any tax exemption certificate.
4.- NO CANCELLATION.
Buyer may not cancel this order without Seller authorization. In the event that Seller authorizes a cancellation, Buyer shall be responsible for payment of the following items: (i) a charge equivalent to 25% (twenty-five percent) of the value of the canceled order; (ii) the costs of all items, equipment ordered by the Seller to complete the Buyer’s order:
(iii) any other fair and reasonable production cost for the settlement of damages. The Buyer will make the payment to the Seller upon receipt of the corresponding invoice.
The maximum term to announce the return of merchandise, item, or purchase is 48 hours after receipt. Buyer may not return the goods unless he receives written authorization from the Seller. Goods received by the buyer under special orders will not be subject to return under any circumstances. In case the seller authorizes a return, the Buyer shall be responsible for payment of a return to inventory charge equal to 25% (twenty-five percent) of the value of the returned goods. ANY RETURNS ACCEPTED WILL BE FOR CREDITS ONLY (NO MONEY RETURNS IN ANY FORMS) Transportation costs will be borne by the Buyer and the Seller reserves the exclusive right to determine the value at which the returned merchandise will be credited. Likewise, Seller reserves the right to reject any unauthorized item returns. Any verbal instruction to be valid must be confirmed in writing by the Seller. All returned items must be delivered to the place where they were originally purchased AND FULFILLING the liability requirements of the guarantees and exclusion of liability (cited in the following text) since otherwise, the Seller will not grant the credit.
6.-DISCLAIMER OF THE GUARANTEES; EXCLUSION OF LIABILITY
Except as established in the explicit warranty that appears on the warranty page that may or may not is included with the product, the buyer purchases the product “AS IS” and KRONU LLC or any of its partners associated with the said firm does not offer a guarantee. explicit or implicit of absolutely any kind with respect to the product or service purchased, including, but not limited to, conditions suitable for sale or that the product is adapted to the specific purposes or uses for which it was acquired, the design, the condition or quality of the product, the performance of the product, the workmanship of the product or of the components or services contained therein, nor that of compliance with the requirements of the law, regulation, specifications or any contract related to the product or service, nothing contained in the instruction manual should NOT be construed as giving an express or implicit warranty of any kind whatsoever resulting from the purchase to or use of the product or arising from breach of express warranty, including special or consequential incidental damages, or loss of expected profits or benefits
THE WARRANTIES DO NOT COVER IF ANY OF THESE ITEMS ARE VISIBLE
-DAMAGE FROM WATER OR WEATHER INCLEMENCIES
-STUCK, FALL, OR DAMAGE VISIBLE
-MODIFICATION OF THE SOFTWARE THROUGH OR NOT ANY THIRD-PARTY APPLICATION (S)
KRONU LLC or a partner of the firm is not responsible for performance issues or incompatibilities resulting from modifications you make to registry settings or operating system software. Using customized operating system software may cause a device (s) and applications to malfunction. Your provider may not allow users to download certain software, such as the custom operating system.
.- NO LIABILITY FOR DAMAGES AND DAMAGES.
The Seller shall not be liable for compensatory, indirect, consequential, general, special, exemplary, or punitive damages; losses, costs, expenses, or other attorneys’ fees;
additional manufacturing costs; the cost of insurance coverage; loss of earnings or good name; costs and expenses incurred by the Buyer in the defense of any claim; damages as a result of the transportation, receipt, inspection, custody, acquisition, sale, resale, or handling of Seller’s products for any reason.
KRONU LLC OR ITS PARTNERS WARRANT THAT THE DEVICES AND ACCESSORIES (THE PRODUCTS) ARE FREE OF DEFECTS IN MATERIALS AND WORKMANSHIP FOR NORMAL USE AND SERVICE
7.- CHARGES FOR SERVICES, EXPENSES, AND FEES.
A service charge of 24% (twenty-four percent) per month will be applied to all invoices or work orders that are not canceled or collected within 30 (thirty) calendar days following the date of the invoice or delivery of the equipment or device And the same will be sold within a period of 60 days to cover the costs of repair or exchange, of the items left for repair or maintenance
8.- VARIATIONS IN THE AMOUNT DELIVERED.
Seller reserves the right to deliver and bill Buyer for 10%, such amount may be greater or less than the exact amount requested, and all documents to reflect such change without the need for additional documents. Seller shall have the right to vary the routes of the goods shipped, except where expressly specified routes specified in this contract are expressly indicated.
9.- RIGHT TO SUBCONTRACT.
The Seller shall have the right to acquire from other natural or legal persons or to subcontract the manufacture or acquisition of the goods that are sold to the Buyer.
10.- RIGHT OF SUBSTITUTION.
Seller reserves the right to substitute the quality and specifications of the materials of the goods, by materials, equipment, devices, or services equivalent or superior to those ordered.
11.- GUARANTEES AND ACCEPTANCE OF BUYER’S RISK.
Buyer guarantees Seller that he acquires the goods for industrial or commercial use or resale for commercial purposes or for personal use or consumption. Likewise, the Buyer guarantees that he is familiar with the type of merchandise sold by the Seller and that based exclusively on his own knowledge, he has requested the acquired merchandise and has determined that said merchandise is appropriate to be used for his purposes. The Buyer hereby assumes all responsibility and risk for loss, damage, and prejudice in the event that the purchased goods do not comply with the Buyer’s intended uses.
12.- EXCLUSION OF GUARANTEES.
There are no broader warranties than those contained in the description on the cover of this document, and the Seller is unaware of and expressly and specifically excludes any other statements, warranties or guarantees, whether verbal or written, statutory, customary law or contractual, express or implied, such as but not limited to, any warranty of merchantability, fitness for use, fitness for a specific purpose or quality. Under none
In this circumstance, the Seller will be liable after the expiration of the period of the months or days mentioned in the guarantee from the initial date of delivery of the goods or services.
13.- SPECIAL ORDERS.
In the event that any of the goods are manufactured and/or sold by the Seller to meet the Buyer’s specifications or particular requirements, and are not part of the Seller’s standard line in the regular operation of its business, the Buyer will defend, protect and cease safeguarding the seller against all legal claims and against all damages; and damages, claims or lawsuits that may be brought against the Seller for any actual or alleged violation of any patent in the United States of America or in any other country, due to the manufacture and/or sale of the material covered therein.
14.- DUTY OF THE BUYER TO INSPECT AND LIMITATION OF LIABILITY OF THE SELLER.
Buyer shall carefully and thoroughly examine the goods upon receipt and before using, cutting, or reselling them. Any change by defective goods or non-conformity with respect thereto shall be communicated immediately to Seller. Failure on the part of the Buyer to issue said notice in writing or verbally to the Seller within 10 (ten) days after the Buyer has received the special goods of particular manufacture, or within 30 (thirty) days after receiving the inventory materials, will constitute the unconditional acceptance of the right to claim. Seller shall have the opportunity to inspect, at its discretion, any defective or non-conforming merchandise and to remedy any problems and shall have the right to require Buyer to collect and return any defective merchandise or with respect to which there is any disagreement before the Seller incurs any liability to the Buyer. Seller’s liability to Buyer and Buyer’s repair shall be expressly limited to the status of either defective merchandise or refund to Buyer of the original price charged for such merchandise at Seller’s choice. Seller’s liability may not under any circumstances exceed the original price charged for the goods.
15.- NON-COMPLIANCE BY THE BUYER.
In addition to the other rights reserved for the Seller, under these terms and conditions of sale, should the Buyer become insolvent or any insolvency petition is filed by or against the Buyer or if the Buyer files a petition or assignment for the benefit of its creditors, or in the event that a receiver, fiscal agent or other official official is appointed to take charge of the Buyer’s affairs or the Buyer makes fraudulent transfers or preferential payments, or if the Buyer refuses to accept merchandise or if it otherwise violates its obligations to the seller or repudiates any contract with the Seller or in the event that the Seller, in its sole discretion, has doubts and considers that the financial condition of the Buyer has been impaired or does not justify the continuation of production or shipment under the terms agreed here, the Seller reserves the right to cancel the order or to refuse to co continue production and / or delivery until full payment is received in advance or a satisfactory guarantee and assurance that payment will be made when due. In the event of non-payment for any delivery made, whether partial or otherwise, the Seller may suspend suitable future deliveries until full payment is received, or may terminate the contract without the need for a prior court order. However, without prejudice to the actions of the Seller, the Buyer will
responsible for all costs and expenses incurred by Seller arising out of Buyer’s default, including all cancellation charges, court costs, and attorney’s fees.
16.- NO WAIVER OF RIGHTS.
Failure on the part of the Seller to exercise or enforce any right that may correspond to it under this contract or by law will not constitute a waiver of the Seller’s rights.
17.- NO BUYER ASSIGNMENT.
Buyer shall not have the right to assign or transfer in any way the present contract or any right or obligation arising from it, for assignments made with the prior written consent of Seller.
18.- ERROR CORRECTION
The Seller shall have the right to correct any obvious typographical or typographical errors contained in this document or in any of the documents related to the transaction of the parties.
Headings are inserted for reference convenience only and may not be considered in the interpretation of this Agreement.