1. Application
These terms apply to business-to-business quotations and supplies made by KENMARK TECH SOLUTIONS MANAGEMENT UK LTD unless the company agrees different terms in writing. They do not replace any product-specific, project-specific, Incoterms®, warranty or payment conditions stated in a quotation or order acknowledgement.
2. Quotations and orders
A quotation is valid for the period stated in it and may be withdrawn before acceptance. An order is not binding until the company issues written acceptance or begins performance. Any change to quantity, specification, delivery destination, documents, inspection scope or delivery date may require revised pricing and lead time.
3. Product identification and customer information
The customer is responsible for providing accurate equipment details, part numbers, drawings, quantities, operating context and any mandatory regulatory, class or certification requirement. The company may assist with identification, but supply suitability is assessed against the information made available. Where an item is offered as OEM, alternative, reconditioned or equivalent rather than genuine manufacturer supply, that basis should be identified in the quotation.
4. Prices, taxes and payment
Prices exclude VAT, duties, customs charges, bank charges, freight, insurance, inspection, certification and other costs unless the quotation states otherwise. Payment is due in the currency, manner and period stated in the quotation or invoice. The company may suspend performance or delivery where an amount is overdue or agreed credit conditions are no longer satisfied.
5. Lead times and delivery
Lead times are estimates unless expressly guaranteed in writing. They normally begin only after order acceptance, receipt of required information, approval of drawings where applicable and receipt of any advance payment. Delivery terms, location and transfer of risk should be stated in the quotation, commonly by reference to an agreed Incoterms® rule. Partial delivery may be made where reasonable and permitted by the order.
6. Title and risk
Risk passes in accordance with the delivery term stated in the quotation. Unless mandatory law or an agreed term provides otherwise, title to goods remains with the company until the company has received cleared payment of all amounts due for those goods. The customer must protect and identify goods in its possession while title remains with the company.
7. Inspection, shortages and damage
The customer should inspect packages and goods promptly on delivery. Apparent transit damage or shortage should be recorded with the carrier and notified to the company without unreasonable delay, with photographs and supporting documents. Latent defects should be notified promptly after discovery. Failure to provide sufficient evidence may affect the ability to pursue a carrier, supplier or warranty claim.
8. Cancellation and returns
Made-to-order, procured-to-order, specially sourced, configured, reconditioned or imported goods may not be cancellable or returnable once the company has committed cost. Any accepted cancellation or return may be subject to supplier charges, freight, inspection, restocking, currency movement and administrative cost. No return should be sent without written authorisation and instructions.
9. Warranty
The applicable warranty, if any, is the warranty stated in the quotation, supplied by the manufacturer or expressly agreed in writing. Warranty does not normally cover ordinary wear, incorrect installation, unsuitable operation, contamination, unauthorised modification, poor maintenance, external damage or use outside the stated specification. A claim may require operating records, photographs, test data and return of the item for inspection.
10. Liability
Nothing excludes liability that cannot legally be excluded. Subject to that, and unless a quotation states otherwise, the company’s aggregate contractual liability for a supply should not exceed the price paid for the affected goods. The company is not responsible for indirect or consequential loss, loss of profit, revenue, use, production, charter, contract or anticipated savings, except where such exclusion is prohibited by law.
11. Compliance and export controls
Each party must comply with applicable sanctions, export-control, anti-bribery, customs and trade laws. The customer must provide accurate end-user, end-use, destination and ownership information where requested. The company may decline, suspend or cancel a transaction where performance may breach law, banking restrictions, supplier controls or reasonable compliance policy.
12. Force majeure
The company is not liable for delay or failure caused by circumstances beyond reasonable control, including manufacturer delay, carrier disruption, port closure, war, sanctions, epidemic, natural event, industrial action, cyber incident, utility failure or governmental action. The affected obligation is suspended for the duration of the event, subject to reasonable mitigation.
13. Law and disputes
Unless the quotation states another agreed forum, these terms and related supplies are governed by the laws of England and Wales and the courts of England and Wales have jurisdiction. The parties should first attempt to resolve a dispute through good-faith commercial discussion.
14. Contact
Commercial and contractual correspondence should be sent to uk@kenmark.in and should identify the relevant quotation, invoice or order number.