These Standard Terms and Conditions of Kempatech Systems India Pvt Ltd constitute the Agreement governing your use of Kempatech services provided through the website located at www.Kempatech.com or otherwise.
General Provisions
These terms and conditions coupled with any quote that you accept form a legally binding contract between you and Kempatech Systems India Pvt Ltd governing your use of Kempatech services. If you choose to use our website, the terms described below are effective upon your access of the Kempatech website located at www.Kempatech.com (the "Website"). If you choose to manually request a quote or place an order via electronic mail, phone or otherwise, the terms described below are effective upon your submission of a quote request. You are deemed to have accepted this Agreement without modification upon the first time you access the Website or otherwise request a quote. Additionally, we require you to expressly acknowledge your agreement to these terms prior to accepting our quote by submitting an order for a product using the Kempatech service.
Customer Responsibilities
As our customer, you are responsible for all orders placed and for ensuring that all information provided in a quotation is accurate and complete. If you use the Website, you agree that you shall not use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of the Website or to intercept or expropriate any system, data or personal information from the website.
Orders and Payments
Once you have obtained a quote from the Kempatech service, you may accept such quote and submit your order requesting that the Kempatech service produce your desired product. The total fees for each order will include the applicable quote, all applicable taxes and all applicable shipping charges. To submit an order, you must pay all fees either (i) in advance through the use of your credit card or (ii) pursuant to such credit terms as pre-approved by Kempatech. Once you receive an electronic or other confirmation of your order, such order is binding on both you and Kempatech and may not be cancelled except by mutual agreement.
Kempatech terms and conditions constitute the entire agreement between the parties. Kempatech rejects any additional or inconsistent terms and conditions offered by the Customer at any time or in any acknowledgment or acceptance form, purchase order or other document used by the Customer and irrespective of Kempatech acceptance of such order or payment from the Customer without need for such rejection to the Customer and any such additional or inconsistent terms and conditions shall not become part of Kempatech terms and conditions unless in writing and signed by an Executive Officer of Kempatech.
Title, Risk of Loss and Delivery
If conditions arise which prevent compliance with delivery schedules, Kempatech will not be liable for any damage or penalty for delay in delivery, or for failure to give notice of delay. However, Kempatech will use all reasonable efforts to give notice of delays. Delays will not be grounds for cancellation. Delivery occurs Ex Works on the actual shipping date, and title and the risk of loss transfer to you upon shipment.
Warranty
All products produced and sold by the Kempatech service are warranted to confirm with such specifications as mutually agreed upon by the parties. In the event that, within three (3) business days of your receipt of the product, you shall determine that any product is not in conformity with such specifications, you shall return such product to Kempatech for analysis. We will have five (5) business days to complete our analysis of such product. If the product does not meet the agreed upon specifications, Kempatech shall, at our sole option, either (i) replace such product with a corresponding product that meets such specifications, or (ii) accept for return such product for credit or refund.
THE FOREGOING WARRANTIES ARE IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR INTENDED OR PARTICULAR PURPOSES, EACH OF WHICH IS HEREBY DISCLAIMED. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR WEBSITE OR SERVICES AND HEREBY NOTIFY YOU THAT OPERATION OF THE WEBSITE MAY BE INTEFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. USE THE WEBSITE AT YOUR OWN RISK.
Limitation of Liability Kempatech will not be responsible to you for consequential, exemplary or incidental damages (such as loss of profit or employee's time) regardless of the reason. In no event shall the liability and/or obligations of Kempatech arising out of the purchase of products via the Kempatech service by you or others exceed the purchase price of the products.
Customer Indemnification
You agree to indemnify Kempatech Systems India Pvt Ltd its affiliates, parent and subsidiaries and its Kempatech service from and against any and all claims and damages of any kind (including attorneys fees) resulting from your use of the Kempatech service, the Website, or from your breach of any provision of this Agreement.
Confidentiality
Kempatech is committed to maintaining the confidentiality of the confidential information that you submit in connection with receiving a quote or ordering a product. We acknowledge and agree that any specifications or documentation, including .stl or other build files, that you submit to the Kempatech service may contain valuable proprietary information, ideas and expressions. Accordingly, Kempatech will use a reasonable degree of care (and require that its employees use such care) to keep such confidential information confidential, and shall not use or disclose such confidential information except as required to perform the Kempatech services. The foregoing confidentiality obligation does not apply to information in our possession before your disclosure, information that is generally publicly available, information received by us from a third-party without a confidentiality obligation to you or to any disclosure of information required by law or court order. You recognize that Kempatech and its Kempatech service provides similar services to others. We will not, however, use your confidential information in performing those services.
Tooling
Unless otherwise agreed to by Kempatech in the order, if any products that you order require tooling, such tooling will remain the proprietary property of Kempatech and any costs related to such tooling will be your responsibility. Kempatech will provide adequate tooling for the quantity specified in the order. Future orders submitted for similar products may require new tooling and related costs.
Privacy
The Privacy Policy relating to the Kempatech service is located at www.Kempatech.com. Such policy is incorporated by reference into this Agreement and may be modified by Kempatech from time to time in its sole discretion.
Dispute Resolution
Customer and Kempatech shall endeavor to resolve any controversy, claim or dispute arising out of or relating to the Agreement, or the performance or breach thereof, by negotiation. Any claim that is not resolved by negotiation within thirty (30) days of notification shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The hearing locale will be held in the AAA office closest to the Kempatech corporate headquarters.
Other
A. The Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to conflicts of laws or provisions thereof.
B. Both Kempatech and Customer will comply with all laws applicable to the Agreement.
C. All notices given under the Agreement will be effective when received in writing. Notices to the Customer and Kempatech will be sent to the address provided in the Agreement.
D. Changes to the Agreement must be in writing and must be signed by both parties.
