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Sale Terms

General conditions of business and terms

1. Validity
1.1 These current General Terms and Conditions ("General Conditions") are valid, should no other written agreement exist, for all sales and deliveries made by the company KS Eagle Technology Co.,Ltd. or its affiliates. KS EAGLE is in no way bound by the conditions of business and terms of delivery of the Purchaser or by any other documentation of the Purchaser, which is intended to replace or modify these General Conditions.
1.2 For KS EAGLE distributors or resellers, the following provisions shall also apply and all references to a "Purchaser" shall refer to such distributor or reseller. In the case of discrepancy between a distribution agreement and these General Conditions, the terms of the distribution agreement shall prevail.

2. Acceptance of orders
2.1 Purchaser will order Products with a binding order, by using the valid KS EAGLE article number and according to the prices valid when placing the order.
2.2 All purchase orders shall contain the following:

·         model numbers of Products;

·         quantity of Products to be purchased;

·         shipping point and special shipping instructions, if any;

·         destination;

·         billing address if different from address listed above; and

·         the net price for the Products at the time of ordering.

2.3 Orders become valid only after written confirmation has been given by KS EAGLE.
2.4 KS EAGLE shall use reasonable commercial efforts to notify Purchaser of the acceptance or rejection of a purchase order within fifteen (15) days of receipt of the purchase order. Purchaser shall be solely responsible for obtaining all import licenses for the import of all Products.
2.5 Purchaser may not cancel, delay or reduce the quantity of Product(s) after ordering without KS EAGLE's prior written approval granted in each instance in KS EAGLE's sole discretion, and subject to a fifteen percent (15%) cancellation charge.

3. Description of the Products
3.1 All details contained in offers, leaflets, drawings and photographs etc. are based on the specifications that are valid at the time of the offer being made. Such details are intended to serve merely for closer orientation and are in no way intended to be understood as guaranteed features or properties of the Products in question. The Purchaser makes use of such data and information at his own risk.
3.2 The instructions of use of KS EAGLE and the warnings as well as all amendments relating thereto must be immediately forwarded by DISTRIBUTOR to his customers.
3.3 At any time prior to delivery, the Products are subject to alterations and modifications in respect of construction and design that in no way impair the correct functioning of the product or the application intended by the customer at the time the agreement was entered into. Such alterations or modifications do not represent cause for complaint or entitle the customer to cancel an order.
3.4 Drawings, illustrations and descriptions for offers, installations, tools, machinery and accessories remain the property of KS EAGLE. They may not be used for the manufacture by other parties of the objects illustrated or described. Moreover, the objects delivered may themselves not be used for the preparation of workshop drawings or for the manufacture by other parties of the objects in question.

4. Prices
4.1 The prices quoted in accordance with the written quotation are DAP named place of destination (as indicated on the order confirmation). They do not include customs formalities or duties.
4.2 KS EAGLE reserves the right to alter prices in the event of increases in customs tariffs, exchange rates, transport or insurance tariffs, import duties and sales taxes or should new taxes and charges be introduced for which KS EAGLE is not responsible or in the event of improvements having been made to the Products in question between the date when the order is placed and the date of delivery.

5. Terms of Payment
5.1Generally, Payments method include, T/T, Western Union, Money Gram, Paypal etc. shall be made in (USD).
5.2 For new customer, the full payment should be done before delivery.

ecure the payment prior to shipment of the deliverables.

6. Delivery and terms of delivery
6.1 The delivery time quoted by KS EAGLE in the order confirmation is intended merely as an approximation unless a delivery date is expressly indicated as being binding.
6.2 KS EAGLE undertakes commercially reasonable efforts to meet all agreed delivery dates. However, a delay in delivery does not entitle the Purchaser to refuse acceptance of the goods, to cancel the order and / or to claim any form of compensation.
6.3 KS EAGLE is entitled to effect partial deliveries and to invoice for these separately.

7. Assumption of risk
The Purchaser assumes all risks as soon as the goods in question have arrived at the place of destination according to the order confirmation.

8. Reservation of property
All tools, products, goods etc. that are supplied by KS EAGLE remain the property of KS EAGLE until receipt of the full payment. The Purchaser herewith empowers KS EAGLE to have the reservation of property recorded in the appropriate official register at the expense of the Purchaser.

9. Warranty
The warranty of KS EAGLE for the delivered Products applies exclusively in accordance with the following terms:
9.1 KS EAGLE warrants that Products delivered by KS EAGLE are free from defects in material and workmanship in accordance with the respective state-of-the-art at the time of delivery. Alterations in construction or version, generally undertaken by us, prior to delivery of an order do not entitle the purchaser to deem the goods faulty.
9.2 Complaints for defects have to be notified to KS EAGLE in writing within 14 days of the receipt of the Products, or with respect to hidden defects which could reasonably not have been detected upon receipt of the Products within 14 days of the detection of such hidden defect. 
9.3 If nothing to the contrary has been agreed in writing, a warranty period in accordance with the statuary /country specific regulations (period of statutory limitation for warranty claims) after announcement of readiness to dispatch applies.
9.4 Subject to timely notice, the warranty is fulfilled at the discretion of KS EAGLE by a replacement delivery or elimination of the fault at no charge. To that effect, the purchaser has to return to KS EAGLE the defective items in their original condition in adequate packaging carrying the invoice number. In agreement with the customer, he can carry out the repair himself, with KS EAGLE providing the necessary parts and compensating him with a lump sum for the necessary labor. Claims for rescission of the contract or price reduction are not permitted, unless the fault cannot be repaired or further attempts at improvement are unreasonable for the customer.
9.5 No warranty applies in the case of repair work or alterations to the delivered Products not authorized or made by KS EAGLE.  Heating blades are excluded from any warranty.

10. Rights
All rights to the products, particularly trademark rights and copyright, as well as rights of publication, reproduction, processing and utilization shall remain the property of KS EAGLE and shall not be affected by this contract. The products are distributed under the worldwide registered and protected brand «KS EAGLE». No rights to the brand name of any kind arise therefrom to the Purchaser. The rights to the brand name, in particular trademark rights and copyrights, as well as rights of publication, reproduction, processing and utilization remain the property of KS EAGLE and shall not be affected by this contract. Any alterations to the brand name are expressly forbidden. In particular, no logos or type plates on the appliances or the packing or on other documents or products of KS EAGLE may be removed, pasted over or otherwise altered. Only the patterns and logos of KS EAGLE may be used.

11. Liability
These General Conditions set forth the exclusive remedy of Purchase for defects of the delivered Products. KS EAGLE's liability is limited to the purchase price of such Products. Any claims on the part of the Purchaser for compensation of damages which are not expressly granted in the above sections, irrespective of the sort of claim or its basis in law, particularly claims arising from violation of accessory contractual obligations, for loss and damage in transit, from positive breach of contract, for consequential loss or damage arising from defects (in as much as these are not covered by contractual warranty), from Purchaser's claims of recourse resulting from product liability, from Purchaser's claims for commercial material damages due to defective products, etc., are excluded, unless these are the result of unlawful intent or gross negligence by KS EAGLE.
Neither KS EAGLE nor anyone else who has been involved in the creation, production or delivery of Products shall be liable for any direct, indirect, consequential or incidental damages (including damages for loss of business profits, business interruption, loss of business information and the like) arising out of the use of or inability to use such Products, subject to the compelling product liability law.

12. Amendments to the General Conditions
All amendments to these General Conditions together with any contradictory or supplementary agreements must be made in writing.

13. Precedence of the German-language version
These General Conditions are available in both German and English, In the event of discrepancies between the two versions; the German-language version of the General Conditions shall take precedence.

14. Law governing this agreement
The legal relationship existing between KS EAGLE and the Purchaser is subject exclusively to Swiss law. The application of the United Nations convention on the international sale of goods (Vienna Convention) is hereby excluded.