Terms and Conditions
kiutra’s products are warranted against defects in material and workmanship for a period of 12 months after delivery unless otherwise stated. kiutra will repair or at its option, replace parts that prove to be defective. The warranty will not apply if the instrument has been damaged by accident, misuse, or as a result of modification by persons other than kiutra’s personnel. In all these cases, kiutra reserves the right to charge the full repair costs to the customer. In this case, the customer will be informed prior to repair. It is our policy to support an instrument for at least 5 years after the design is no longer manufactured.
Prices do not include any state, federal, or local taxes unless otherwise stated. Prices do not include any import and/or export duties unless otherwise stated. Prices do not include shipping, handling, and/or packing costs unless otherwise stated. Prices do not include tender costs nor costs for bank guarantees, letter of credits, and/or any other bank charges unless otherwise stated.
3) Terms of Delivery
The delivery terms are Ex Works Munich, Germany (Incoterms 2010) unless otherwise stated.
4) Delivery Time
The delivery time starts after clarification of all technical details and receipt of first payment unless otherwise stated. Delivery times are approximate values and are scheduled to the best of kiutra’ knowledge and belief. kiutra is not liable for any additional cost, delays, or damage caused by a delayed delivery.
5) Impediment to Performance
Contracts shall be concluded subject to kiutra obtaining the necessary import and export licenses or export permits. If it is not possible to execute the contract due to the lack of such a license or permit, the Buyer shall not be entitled to any claims for damages or other claims against kiutra. This shall not apply if kiutra has caused the refusal of the license or permit intentionally or by gross negligence.
6) Site Preparation
The customer is responsible for proper site preparation. All costs of site preparation are borne by the customer. The requirements for site preparation are listed in the Pre-Installation Guide that is sent out to the customer within 8 weeks of the purchase order acknowledgment and after clarification of all technical details. In case of any delays of the site preparation in excess of 1 month that are not the responsibility of kiutra, any associated additional costs are borne by the customer.
Installation at the customer’s site is not included in the system price unless stated otherwise. The system ordered by the customer will usually be delivered within the estimated and scheduled delivery time. In case of an earlier delivery, kiutra reserves the right to install the system at the customer’s site within 2 months after delivery. Before an installation can be scheduled, proper site preparation in accordance with section 5 has to be fulfilled. If a site is found not to comply with the requirements as described in the Pre-Installation Guide, any resulting delays and/or associated additional costs will be charged to the customer. In case the installation cannot be conducted within 3 months after delivery (or within the scheduled delivery time, whichever is earlier) due to delays that are not the responsibility of kiutra, the system is considered accepted by the customer, and will be invoiced accordingly.
8) Final Acceptance Test
kiutra will conduct a Final Acceptance Test, during which the key technical specifications of the system will be demonstrated. These criteria are documented in the Acceptance Test Protocol. kiutra will send a transcript of the Acceptance Test Protocol to the customer within 8 weeks of the purchase order acknowledgment and after clarification of all technical details. The customer must sign and return the Acceptance Test Protocol within 2 weeks after reception. With the signature, the end customer agrees that the satisfactory completion of these tests shall be the sole basis for the system acceptance. With the verification of the criteria as listed in the Acceptance Test Protocol during the Final Acceptance Test, the system is considered accepted, which will trigger the final payment. Minor faults which do not directly prohibit the normal operation of the system must not hinder the Final Acceptance but shall be corrected by kiutra according to the terms of warranty as stated in section 1.
The Final Acceptance Test is usually conducted on-site at the customer’s location, but can be replaced by a written test certificate with all tests performed at kiutra’s factory upon mutual agreement. The latter case automatically applies if the installation of the system on site is not part of the purchase order.
9) Training and Technical Support
Training of the customer and other potential users on the instrument (max. 3 persons) may happen (if desired) during either the acceptance test in kiutra’s factory or during the installation at the customer’s location. Additional training and technical support at the customer site is offered at the daily service engineer rate plus travel expenses.
The term “Confidential Information” as used in this section refers to any and all proprietary information labeled as “confidential” or which a reasonable person would know constitutes proprietary information, including but not limited to, quotations, contracts, reports, protocols, technical information such as drawings, photographs, and descriptions of assembly and manufacturing processes. Customers agree to hold any Confidential Information in confidence and, unless required by law, not to make the Confidential Information available to any third party or to use the Confidential Information for any purpose other than the activities for which they were given access to the Confidential Information. They agree to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by their employees or agents.
The term “Personal Data” as used in this section refers to information such as name, e-mail address, mailing address, or telephone number that can be used to identify a customer. kiutra will not sell, share, or otherwise distribute Personal Data to third parties. However, kiutra reserves the right, to conduct processing of Personal Data to the extent permitted or required by law, or in support of any legal or criminal investigation. Customers can receive information as to their Personal Data stored by kiutra and request their deletion at any time.