All orders for products and services in the Khatod.com website are considered as KHATOD OPTOELECTRONIC srl, in refer to these terms and conditions of sale. No other terms applied for the supply of products and services by KHATOD.COM will be agreed unless writing on authorised signatory of KHATOD OPTOELECTRONIC srl. All descriptions of the products and services contained in the KHATOD.COM website or communicated to the Customer are approximate and shall not form any part of the contract between KHATOD.COM and the Customer. KHATOD.COM may correct any errors in its website without liability to the Customer. The advertising of products and services in the KHATOD.COM website constitutes an invitation by KHATOD.COM for the Customer to make an offer to purchase products and services. KHATOD.COM is a business-to-business supplier. The KHATOD.COM website is intended for use by business customers and not for consumers or private individuals. Nothing in these terms and conditions of sale shall affect the statutory rights of a Customer who deals as a consumer.
The prices of the products and services are as set out in the KHATOD.COM website that is current at the date of despatch. Products which are not stocked by KHATOD.COM will be sold at the prices set out in the quotation supplied by KHATOD.COM. All prices exclude VAT, which KHATOD.COM will add at the rate applicable at the date of despatch. KHATOD.COM reserves the right to change them without prior notice at any time.
KHATOD.COM reserves the right to decline to trade with any company or person. In addition, KHATOD.COM may decline to accept any order, whether or not payment has been received, by giving notice of non-acceptance to the Customer by telephone or facsimile within a reasonable period concerning the receipt of the order by KHATOD.COM.
KHATOD.COM executes orders to the Customer's requirements, and does not substitute one product for another unless requested by the Customer, or unless the product has been superseded by the latest version. To the extent that orders cannot be fulfilled completely from stock, the unfulfilled balance will (at the Customer's option) either be put on back order to be fulfilled when KHATOD.COM next has available stock or be cancelled. The Customer must submit orders using the KHATOD.COM stock numbers and the priced units used in the KHATOD.COM website and must specify which delivery option is required. If the Customer confirms internet orders, the confirmation must be marked 'CONFIRMATION ONLY' to avoid duplication. If the Customer orders the wrong product or number of products, or duplicates orders, the provision of clause 11 will apply.
KHATOD.COM will aim to deliver products in accordance with the Customer's order. The Customer's delivery options, and the prices for them, are set out in the KHATOD.COM website current at the date of order or will be notified to the Customer at the time of order. Delivery prices apply per order, irrespective of the number of products ordered, but the amount of order. Delivery will normally only be made to the Customer's usual business address, unless otherwise agreed.
Times and dates for delivery quoted in the KHATOD.COM website or by KHATOD.COM's employees are approximate and KHATOD.COM shall not be liable for the consequences of any delay in delivery. Time for delivery shall not be of the essence. Delivery of products marked in the website as requiring special handling may (because of the nature of the products) take up to 72 hours after acceptance of the Customer's order.
If any delivery is late, the Customer must notify KHATOD.COM, and KHATOD.COM will ascertain if the product has been delivered or the expected delivery time of the product to the Customer. KHATOD.COM will also, at its discretion, refund the total delivery charge to the Customer. If a revised delivery time is not acceptable KHATOD.COM will also, at its discretion, offer an alternative delivery option. These are the Customer's exclusive remedies for late delivery.
5. Inspection, Delivery Delays and Non-Delivery
The Customer must inspect the products as soon as is reasonably possible after delivery and shall, within 10 days of the date of delivery, give notice to KHATOD.COM in detail of:
o Any defect in the product that is apparent on reasonable examination. In this case KHATOD.COM shall, at KHATOD.COM's discretion, replace the products or refund the purchase price. In any case the Customer must refuse parcels delivered if it is damaged;
o Any delivery of products not in accordance with the order. In this case KHATOD.COM shall, at KHATOD.COM's discretion, replace the products or refund the purchase price;
o Any non-delivery of the products (in which case the time limit is within 10 days of the estimated despatch date). In this case KHATOD.COM shall deliver the undelivered products or refund the price of the undelivered products;
o Any damaged packaged and concerning it should be not accepted by customer. If the Customer fails to give any such notice, the products shall be conclusively presumed to be, in all respects, in accordance with the order and free from apparent defects, and the Customer shall be deemed to have accepted the products accordingly. KHATOD.COM's record of the products despatched (including the quantity) shall be conclusive evidence of the products received by the Customer, unless proved otherwise by the Customer. The remedies set out above are the Customer's exclusive remedies for non-delivery or short delivery of products, or for apparent defects in the products or delivery of products not in accordance with the order.
KHATOD.COM shall not be liable for any losses, consequential or otherwise, arising from these circumstances.
If KHATOD.COM has not granted credit to the Customer, payment terms are cash with order.
7. Risk and Ownership
Risk of loss or damage to the products shall pass to the Customer on delivery. Ownership of the products shall not pass to the Customer until all sums due to KHATOD.COM from the Customer for those products have been received by KHATOD.COM (in cash or cleared funds). If the Customer is late in paying any sum to KHATOD.COM, then KHATOD.COM shall be entitled to the immediate return of all products where the ownership has not passed to the Customer.
The Customer authorises KHATOD.COM and its agents to recover the products, and to enter any premises of the Customer for that purpose. Demand for or recovery of the products by KHATOD.COM shall not of itself discharge either the Customer's liability to pay the whole of the price and take delivery of the products or KHATOD.COM's right to sue for the whole of the price.
8. Product and Availability Information
KHATOD.COM reserves the right, without prior notice, to discontinue any product or to make design changes as part of its continuous programme of product improvement, or to assist product availability, and such changes may take place during the life of KHATOD.COM web site.
Unless otherwise confirmed, nothing in KHATOD.COM web site is to be taken as a representation of the source of origin, manufacture, or production of the products or any part of them.
For products purchased from KHATOD.COM: KHATOD.COM warrants that if any product is defective, it will replace or repair the product or refund the purchase price. This warranty is submitted to a claim writing to KHATOD.COM within 12 months of the original date of despatch.
These warranties shall not apply to any defect, which arises from improper use, failure to follow the product instructions, or any repair or modification made without the consent of KHATOD.COM. The Customer must return or dispose of the products, or make them available for collection by KHATOD.COM, in accordance with KHATOD.COM's instructions. If returned they must be suitably packaged and, where relevant, returned in accordance with any particular instructions which KHATOD.COM may have notified to the Customer at the time of supply.
Returned products or parts must be accompanied by an advice note stating the original invoice number in respect of the products and the nature of any claimed defect, together with such further information as KHATOD.COM at the time of supply have stipulated. Where the Customer returns products otherwise than in accordance with these warranty provisions, KHATOD.COM may refuse such products and return them to the Customer at the cost of the Customer.
Any products or parts which are replaced by KHATOD.COM shall become the property of KHATOD.COM. Title to replacement products shall pass to the Customer on delivery, and the period of the replacement product's warranty shall be calculated from the date of despatch of the defective product.
The remedies set out above shall be KHATOD.COM's sole liability and the Customer's sole remedy for any breach of warranty. Save as expressly provided in these terms and conditions of sale, all implied warranties, terms and conditions (whether statutory or otherwise) are excluded to the fullest extent permitted by law. KHATOD.COM will not be liable to the Customer for any loss of any kind whatsoever which arises out of the breach of implied warranties, terms or conditions (statutory or otherwise) or breach of any other duty of any kind imposed on KHATOD.COM by operation of law. The Customer acknowledges that it is responsible for ensuring that the products and services it orders are fit for the purposes for which it intends to use them.
KHATOD.COM shall not be under any liability for damage, loss or expenses resulting from the failure to give advice or information or the giving of incorrect advice or information (including through the KHATOD.COM technical helpline) whether or not due to its negligence or that of its employees, agents or sub-contractors.
KHATOD.COM shall not be liable for intellectual property rights infringement, punitive damages, loss of revenue, loss of profits or expected future business, damage to reputation or goodwill, loss of any order or contract or any consequential or indirect loss or damage, connected with: (i) any express or implied terms of the contract between KHATOD.COM and the Customer, or of any order accepted by KHATOD.COM; (ii) any duty of any kind imposed on KHATOD.COM by law arising out of or in relation to the contract or order; or (iii) any defect in the products or services.
If, notwithstanding clauses 9 and 10, any liability attaches to KHATOD.COM, KHATOD.COM's liability to the Customer in respect of one or more of (i) any express or implied terms of the contract between KHATOD.COM and the Customer, or of any order accepted by KHATOD.COM; (ii) any duty of any kind imposed on KHATOD.COM by law arising out of or in relation to the contract or order; or (iii) any defect in the products or services; shall be limited in the aggregate to €300,000.
11. Cancellations and Returns
The Customer may not cancel orders once accepted by KHATOD.COM.KHATOD.COM may, allow an order to be cancelled subject to KHATOD.COM recovering from the Customer the costs incurred by KHATOD.COM. In the event of part cancellation, KHATOD.COM may invoice the Customer any difference in selling price per unit applicable to the quantity actually despatched up to the time of cancellation compared to the quantity ordered.
The customer may only return products to KHATOD.COM, and receive a credit or refund, on the following conditions:
o The Customer must contact KHATOD.COM and obtain the prior consent of KHATOD.COM.
o Return must be made within 30 days of the date of delivery (as stated on the delivery documentation). Products must be returned to KHATOD.COM in their original condition and packaging and in a condition which will enable them to be immediately fit for re-sale.
o The Customer must follow any specific instructions which appear in this web site or with any product regarding its return to KHATOD.COM.
o The Customer must quote the invoice details or the KHATOD.COM reference number on the KHATOD.COM Customer Returns Form from the original despatch note, otherwise the credit will be based upon the lowest sales price.
o For products returned due to Customer error or no longer required and returned in accordance with (i) - (iii) above a handling charge will be applied. This handling charge is 150€.
o Where the Customer returns products to KHATOD.COM not in accordance with (i) - (iii) above (for example, after 40-days from the date of despatch or in an unfit state) KHATOD.COM will refuse delivery and return the products at the Customer's expense or may apply a handling charge which relates to the actual cost of reprocessing (subject to the minimum charge set out in the KHATOD.COM web site).
This returns policy excludes non-web site products and specially manufactured products. KHATOD.COM accepts no responsibility for any loss of or damage to products in transit or for any items received by KHATOD.COM with them.
Products to be returned to KHATOD.COM must be adequately packed and despatched freight prepaid, clearly labelled to: RETURNS DEPARTMENT, Khatod Optoelectronic srl, Via Alessandrina 25 –20095 Cusano Milanino (Mi) - ITALY
12. Force Majeure
An force majeure event is any event beyond the reasonable control of KHATOD.COM (including strikes, traffic congestion, the downtime of any external line, or KHATOD.COM's inability to procure services, materials or articles required for the performance of the contract except at enhanced prices). If KHATOD.COM is prevented or restricted from carrying out all or any of its obligations under these terms and conditions of sale by reason of any force majeure event, then KHATOD.COM shall be relieved of its obligations during the period that such event continues, and shall not be liable for any delay and/or failure in the performance of its obligations during such period. If the force majeure event continues for a period longer than fourteen days, KHATOD.COM may cancel the affected order or cancel the whole or any part of these terms and conditions of sale, without any liability to the Customer.
13. Rights in the website
The Customer acknowledges that KHATOD.COM and its licensors own the intellectual property rights in the KHATOD.COM web sites, the web site content and the stock numbers, and that their whole or partial reproduction without KHATOD.COM's prior written consent is prohibited.
14. Data Protection and Customer Information
Any member of Khatod Optoelectronic srl (Khatod.com) may keep and use personal details of the Customer and its employees for the purposes of providing products and services to the Customer. In addition KHATOD.COM may disclose the Customer's and its employees' details to organisations working on behalf of KHATOD.COM anywhere in the world (for example, credit reference agencies, mailing houses and call centres).
KHATOD.COM may send to the Customer and its employees details of other products and services offered by Khatod’s group that may interest the Customer. If the Customer or its employees do not want to receive details of these offers then they should contact the KHATOD.COM Marketing Department either in writing at Khatod Optoelectronic srl , Via Alessandrina 25 - 20095 Cusano Milanino (Mi) , by fax on +39 02 66013500, by telephone on +39 02 66013695 or by e-mail at email@example.com .
The Customer consents that KHATOD.COM may use the name of the Customer by disclosing it to certain KHATOD.COM suppliers for market research and commission purposes.
15. Law and Jurisdiction
The contract between Khatod Optoelectronic srl and the Customer shall be governed by and interpreted in accordance with Italian Law and the Customer submits to the jurisdiction of the Milano’s Court of Justice , but Khatod Optoelectronic srl may enforce the contract in any court of competent jurisdiction.
Additional Information on Services
The following options are available to the Customer. KHATOD.COM's current terms and conditions of sale shall also apply. These options and their terms and prices are subject to change. Whilst KHATOD.COM will try to maintain the prices quoted below, KHATOD.COM reserves the right to change them without prior notice at any time.
S.S.M. - Standard Supply Multiple. This is the minimum pack size products are available in. Orders must be in multiples of this quantity. The minimum price payable for the product is: o Price payable = price each x S.S.M.
17. Methods of Payment
Payment may be made by variable direct debit, BACS transfer, cheque or postal order (made out to Khatod Optoelectronic srl and crossed). Cash can be accepted at all KHATOD.COM Trade Counters.
The handling charge for returns which are made in accordance with the returns policy set out in KHATOD.COM's current terms and conditions of sale is 20% of the invoice value, subject to an 15,00€ minimum. The handling charge for returns which are not made in accordance with KHATOD.COM's returns policy will be the actual cost of reprocessing (subject to a minimum 20% of the invoice value, subject to an 15,00€ minimum).
19. Third Party Approvals
Khatod Optoelectronic srl is registered to operate to the following standards ISO9001:2008
20. Quality Conformance
A statement of quality conformance is provided for all Products. Where these fall within the scope of KHATO OPTOELECTRONIC srl registration to ISO9001:2008, the statement will be in accordance with the conditions of registration. The statement, which does not provide batch or lot traceability, is available free of charge and will be incorporated in the Customer's despatch note.
21. Production, marketing, distribution, sale of these products as well as their possible modifications and variations are only and exclusive right of Khatod Optoelectronic S.r.l. No company can perform any of these actions without written permission released by Khatod Optoelectronic S.R.L.
- REPRODUCTION PROHIBITED -
22. We, Khatod Optoelectronic S.r.l., do not promote, advertise, market, offer for sale, sell or distribute any product in the State of Texas, USA.
Any Agent, Distributor, Representative of Khatod Products as well as their customers, directly or indirectly, are the only responsible for the promotion, advertisement, offer for sale, sale, distribution or any other marketing activity related to any Khatod Product in the State of Texas, USA. Khatod Optoelectronic S.r.l. is totally relieved of any responsibility, problem, dispute which might arise from these actions and/or activities carried out in the State of Texas, USA
23. KHATOD Idustrial Property:
The PRODUCTS realized by Khatod Optoelectronic S.r.l. and THEIR POSSIBLE MODIFICATIONS AND VARIATIONS ARE PROTECTED BY PATENT INVENTIONS - IT PATENT APPLICATIONS, EP PATENT APPLICATIONS,US PATENT APPLICATIONS, CN PATENT APPLICATIONS ( ITMI2010A000008; EP 11000036.1; US 13/082,919; CN201110081773.3; IT MI2010A000592; EP 11002897.4; US 13/082,919; CN 201110081773.3 ) AND/OR COMMUNITY DESIGNS (RCD 000966056-0001, RCD 000966056-0002 ,RCD 000966056-0003 , RCD 000966056-0004, RCD 000966056-0005, RCD 000966056-0006, RCD 000966056-0007, RCD 000966056-0008, RCD 000966056-0009, RCD000966056-0010, RCD 000966056-0011, RCD 000966056-0012, RCD 000966056-0013, RCD 000966056-0014, RCD 000966056-0015, RCD 000966056-0016, RCD000966056-0017, RCD 000966056-0018, RCD 000966056-0019, RCD 000966056-0020, RCD 000966056-0021, RCD 000966056-0022, RCD 000966056-0023, RCD000966056-0024).