Terms and Conditions

The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

  • Legal Notice
  • Acceptance; Modification.  All orders must be submitted in writing to KIYATEC Inc. in accordance with KIYATEC's standard order policies in effect from time to time.  Orders will be deemed accepted only upon shipment of products by KIYATEC or upon written acceptance by KIYATEC.  Acceptance by KIYATEC of all orders submitted by purchaser ("Buyer") will be subject solely and exclusively to these terms and conditions of sale and all documents incorporated by reference into the order by KIYATEC (collectively, "Terms of Sale").  However, any purchase orders or numbers issued by Buyer will be deemed to be for Buyer's internal purposes only and their terms and conditions will have no force or effect.  Unless objections to the Terms of Sale are raised in writing before shipment of products or delivery of any products, Buyer will be deemed to have accepted the Terms of Sale in their entirety without any addition, alteration or deletion.  KIYATEC does not agree to any proposed addition, alteration, or deletion to the Terms of Sale, unless expressly accepted in a writing signed by KIYATEC's management.  Any changes to the order must be in a writing signed by KIYATEC.

     

    Payment Terms; Prices.  Prices will not include any sales, use, privilege, excise or any other tax, duty, tariff or assessment that may arise from the sale of products or services or any shipping costs, and such taxes, duties, tariffs and other assessments, together with shipping costs, will be the responsibility of Buyer.  Unless otherwise approved in writing by KIYATEC, in its sole discretion, all invoices will be due upon receipt.  A past due service charge of 1.5% per month on the unpaid balance of the aggregate purchase price for orders will apply or the maximum rate permitted by applicable law, whichever is lower.

     

    Shipments; Delivery.  Delivery dates and quantities for orders will be as mutually agreed to by the parties.   The orders will be shipped free carrier (FCA) at the origin of shipment to destinations mutually agreed to by the parties.  Unless otherwise agreed to by the parties, KIYATEC will arrange for shipping at Buyer's cost and expense.  Risk of loss will pass to Buyer upon delivery of the goods to the FCA origin point.  Title will pass upon complete payment of the order.  Buyer will bear the risk of loss with respect to damage or destruction of products in transit and the risk of delay and increased costs of shipment.  Unless Buyer notifies KIYATEC to the contrary, all orders will be shipped and insured with a declared value equal to the invoice amount.  If Buyer does not wish to have its shipment insured, Buyer must sign an insurance release form prior to shipment of the order in accordance with KIYATEC's policies in effect from time to time.  KIYATEC reserves the right to make delivery in installments and to separately invoice the same.  Delay in delivery of any installment will not relieve Buyer of its obligation to accept the remaining installments. 

     

    Inspection; Non-conforming Shipments.  Buyer's inspection rights will not affect payment terms.  Buyer must inspect shipments within five (5) business days after delivery.  Within such time, Buyer will immediately notify KIYATEC of any shipment that does not conform to the Terms of Sale and afford KIYATEC a prompt, reasonable opportunity to inspect such products and cure any nonconformance.  Buyer will have no right to return any product or shipment, and no product or shipment may be returned to KIYATEC without the prior written approval of KIYATEC.  Any return authorized by KIYATEC must be in accordance with KIYATEC's return policies in effect from time to time.  KIYATEC, in its sole discretion, may reject any return of products or shipments not approved by KIYATEC in advance or not otherwise returned in accordance with its return policies in effect from to time.

     

    Warranty; Disclaimer.  KIYATEC warrants to you only that the goods referenced herein are free of defects in material.  The foregoing warranty is valid for a period of 12 months from the date of shipment.

     

    TO THE FULLEST EXTENT PERMITTED BY LAW, KIYATEC MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO ANY PRODUCTS OR SERVICES.  EXPRESSLY DISCLAIMED BY KIYATEC ARE THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  IN NO EVENT WILL KIYATEC BE LIABLE FOR SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INSTALLATION COSTS, LOST REVENUE OR PROFITS, OR ANY OTHER COSTS OF ANY NATURE AS A RESULT OF THE USE OF PRODUCTS PURCHASED FROM KIYATEC, WHETHER USED IN ACCORDANCE WITH INSTRUCTIONS OR NOT.

     

    Credit Policy; Security Interest.  Credit terms are subject to the approval of KIYATEC's credit department, in its sole discretion, and may be revoked by KIYATEC at any time for any reason, or no reason.  If credit is revoked or not approved, this sale will be cash-on-delivery or as otherwise agreed to in writing by KIYATEC.  KIYATEC retains a purchase money security interest in the products sold under the U.C.C. or similar law of the applicable jurisdiction.  Buyer agrees to execute such financing statements and other documents as KIYATEC may request from time to time in order to perfect KIYATEC's security interest.

     

    Remedies; Attorney's Fees.  If KIYATEC brings a legal action or other proceeding to enforce this agreement, or because of an alleged dispute, breach, default or misrepresentation relating to this agreement, KIYATEC will be entitled to recover reasonable attorneys' fees and other costs incurred in connection with such action or proceeding.  Such relief will be in addition to any other remedies to which KIYATEC may be entitled at law or in equity.

     

    Force Majeure.  KIYATEC will not be liable to Buyer or be deemed to be in breach for any delay or failure in performance caused by acts beyond KIYATEC's reasonable control, including (without limitation) acts of God, war, vandalism, sabotage, accidents, fires, floods, strikes, labor disputes, mechanical breakdown, shortages or delays in obtaining suitable parts or equipment, material, labor, or transportation, acts of subcontractors suppliers, interruption of utility services or the Internet, acts of any unit of government or governmental agency or any similar or dissimilar cause.

     

    Commencement of Actions; Jurisdiction.  ANY LEGAL ACTION OR OTHER PROCEEDINGS BY BUYER AGAINST KIYATEC IN CONNECTION WITH OR RELATED TO THIS AGREEMENT OR THE PRODUCTS OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF THIS ORDER.  This provision will not be construed to limit the time in which KIYATEC may commence actions or proceedings against Buyer or any third person in connection with or related to this agreement or the products or services, including (without limitation) nonpayment.  This agreement shall be governed by and construed exclusively under the laws of the State ofSouth Carolina, irrespective of conflicts of law principles.  The parties irrevocably consent to the exclusive jurisdiction of the state and federal courts located inGreenville,South Carolina.  This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

     

    General.  The Terms of Sale contain the full understanding of the parties and supersedes all other agreements (written or oral) regarding its subject matter, except to the extent an agreement is incorporated by reference by KIYATEC.  All waivers by KIYATEC must be in writing and will not be implied.  No waiver of any default by either party will act as a waiver of a subsequent or different default.  If KIYATEC elects to continue performance after a breach or default by Buyer, its actions will not constitute a waiver of such default or breach.  Buyer will not assign any of its rights or delegate any of its duties under this agreement.  Any attempted assignment or delegation by Buyer without KIYATEC's prior written consent will be null and void.  This agreement is effective as of the effective date shown on its face.  This agreement may not be modified except in a written agreement signed by all parties.  Any notice by Buyer under this agreement will be written and mailed by certified mail, return receipt requested, to KIYATEC at its address on the face of this order.  Rights and remedies of the parties under this agreement are cumulative, not alternative.  Section headings are for convenience only.



  • Use Of Site
  • Welcome to the KIYATEC website. Please read and review these Terms of Use carefully before accessing or using this website. By accessing or using this site, you acknowledge that you have read, understood and agreed to the Terms of Use Agreement. If you do not agree to the Terms of Use, you may not access or use the site.

    Use of Website. The information provided on this site is for general informational and educational purposes. Certain sections of this website are intended for particular audiences including KIYATEC’s employees, customers and the general public. Your access to and use of the information contained in the website is subject to this Terms of Use Agreement. By accessing and using this website, you accept, without limitation or qualification, this Terms of Use Agreement.

    Content. KIYATEC will use reasonable efforts to include accurate and up-to-date information on this website but makes no guarantees or representations of any kind as to its accuracy, currency or completeness. You agree that access to and use of this website and any reliance on the content thereof is at your own risk. Neither KIYATEC, nor any party involved in creating, producing or delivering this website shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this website, or any errors or omissions in the content thereof, mistake or negligence of any person or entity, including KIYATEC. This limitation includes damages to, or for any viruses that infect your computer equipment.

    Indemnification. You agree to indemnify, defend and hold harmless KIYATEC, its officers, directors, employees and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any use of the website whether or not caused in whole or in part by the mistakes, acts, omissions or negligence of KIYATEC.

    Personal Information. KIYATEC uses personal information you provide to fulfill your request for information, products or services as per your consent. KIYATEC does not sell, rent or share your personal information with outside third parties.

    Third Party Websites and Links. This website may contain links or references to other websites maintained by third parties over whom KIYATEC has no control. Similarly, the KIYATEC website may be accessed from third party links over which KIYATEC has no control. KIYATEC makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries from such content or information. Inclusion of any third party link does not imply an endorsement or recommendation by KIYATEC.

    Non-Confidential Information. Any communication or other material that you send to us through the Internet or by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and KIYATEC shall have no obligation of any kind with respect to such information. KIYATEC shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.

    Trademarks. All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of KIYATEC, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes.

    Copyrights. The entire contents of this website are subject to copyright protection. Copyright © 2011 KIYATEC Inc. The contents of KIYATEC may not be copied other than for noncommercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of KIYATEC.

    Miscellaneous. KIYATEC reserves the right to alter or delete materials from this website at any time at its discretion.