Kubu Pro Installer Terms & Conditions of Sale
These Terms and Conditions of Sales govern the contractual relationship between Kubu Smart Ltd of 4th Floor, Towers Business Park, Wheelhouse Road, Rugeley, WS151UZ, hereinafter also referred to as the “Supplier” and its Customers, hereinafter referred to as the “Customer”.
1. Order and Acceptance
- All orders placed by Customer shall be considered as offers to purchase the Products pursuant to these terms and conditions.
- Supplier reserves the right to accept or reject any order in its sole discretion.
- The Agreement becomes binding upon Supplier’s acceptance of an order, which may be communicated in writing, electronically, or by commencing the shipment of the Products.
2. Payment Terms
- Payment for the Products shall be made in full by Customer within 7 days from the date of invoice, unless otherwise agreed upon in writing by Supplier.
- Supplier will make commercially reasonable efforts to deliver the Products within a reasonable timeframe.
- Title and risk of loss pass to Customer upon delivery of the Products to the carrier.
- Any delivery dates provided by Supplier are estimates only and Supplier shall not be liable for any delays in delivery, unless caused by Supplier’s wilful misconduct or gross negligence.
4. Returns and Refunds
- Customer may return Products for a refund subject to the following conditions: a. Products must be returned within 14 days from the date of delivery. b. Products must be unused, undamaged, and in their original packaging.
- Customer must obtain written authorisation from Supplier before returning any Products.
- The return shipping costs shall be borne by Customer, unless the return is due to Supplier’s error or defective Products.
- Upon receipt and inspection of the returned Products, Supplier will issue a refund within a reasonable time, excluding any shipping or handling charges.
- Supplier reserves the right to refuse a refund if the returned Products do not meet the specified conditions.
- Supplier warrants that the Products shall be free from defects in materials and workmanship for a period of one (1) year from the date of delivery.
- This warranty is limited to the repair or replacement of defective Products at Supplier’s discretion.
- The warranty does not cover damage caused by improper use, negligence, accident, or unauthorised modification of the Products.
- To claim warranty service, Customer must notify Supplier in writing within the warranty period and provide sufficient proof of purchase.
- Customer shall be responsible for all shipping costs associated with returning the defective Products for warranty service.
6. Limitation of Liability
- In no event shall Supplier be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the purchase, sale, or use of the Products.
- Supplier’s total liability under this Agreement shall be limited to the purchase price paid by Customer for the specific Products giving rise to the claim.
7. Governing Law and Jurisdiction
- This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
- Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
8. Entire Agreement
- This Agreement constitutes the entire agreement between Supplier and Customer regarding the purchase and sale of the Products and supersedes all prior negotiations, agreements, or understandings, whether oral or written.
By placing an order for the Products, Customer acknowledges and agrees to the terms and conditions set forth in this Agreement.