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KOC Europe, S.L. – European Ofice of Shenzhen KamaxOptic Communication Co., Ltd.
Purchases
Customer shall purchase products by issuing a written Purchase Order signed by an authorized representative, indicating product names and descriptions, quantity, price, total purchase price, shipping instruction, requested delivery date, bill-to and ship-to addresses, tax exempt certifications if applicable, and any other special instructions and information.
Prices
All prices are EXW Shenzhen China, unless otherwise specified in quotation or commercial invoice. Shipping costs and risk of loss from point of shipment (Shenzhen, China) are the responsibility of the customer. For products shipped freight prepaid or insured, KOC Europe S.L. (hereafter KOC) will bill customer a freight/insurance charge. Taxes and other incurred costs as a result of the sale are also the responsibility of the customer. All sales are final. Transportation way/rates are provided upon request, as an added service, but Incoterms applied in all our shipments are always EXW Shenzhen. This is understood to mean that any and all responsibility and risk lies exclusively with the customer once the goods have left KOC factory, KOC being free of liability.
Terms of Payment
T/T in advance, or 30 days by letter of Bank Guarantee. All payments are in EURO. As a consequence of customer's delinquency in any payment to KOC, shipment of any order may be withheld by KOC, or Prepayment by customer may be required for further shipments. All payments not received when due shall be subject to an additional charge of one and one half percent (0.5% per month (annual rate 6%) of the unpaid amount or the maximum rate permited by law, whichever is less, until the date of payment.
Products
All products are made to the mutually agreed written specifications accepted by customer. It applies to all products manufactured or resold by KOC.
Cancellation & Rescheduling
The Customer may not cancel, terminate, suspend performance of, or issue a hold on, any Customer order, in whole or in part, without the prior written authorization of KOC Europe, which consent, if given, shall be upon terms that will compensate KOC for any los sor damage therefrom, including but not limited to, the price of Products shipped to, manufactured for, or help separately for, the Customer, and loss of profits, incurred costs, and a reasonable allocation of general and administrative expenses relating to the Products.
Warranty - Complaints Procedure
This information is contained in a separate document. Please request a copy from info@koceurope.com
Return
No return on products unless the product quality does not meet the mutually agreed written applicable product specification. In case of quality problems, customer should notify KOC within 10 days of the product ship-date to obtain approval on the return, and provide evidence to support the claim. No return on overstocked and unused products.
(1) Any and all defective merchandise must be covered by a Return Merchandise Authorization Number (RMA number) to be obtained from KOC´s Customer Service Dept. prior to the return of the merchandise; The Purchaser has 10 days for checking the received delivery. If after this period Purchaser found out that there is a quality problem, 3-5 pieces should be sent to KOC factory, on KOC cost, to evaluate. If the claim is confirmed by KOC factory, KOC will replace the defected items in max. 15 days.
(2) Any merchandise received by KOC without an RMA number clearly visible on the external portion of the packaging shall be refused and returned to the Purchaser at the Purchaser´s own risk and expense.
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(3) Such request for an RMA number from KOC shall include the original invoice number of KOC the date of the original purchase order placed by the Purchaser, and a detailed description of the alleged defect.
KOC shall, upon receipt of the merchandise, evaluate any alleged defect and in KOC´s own discretion, shall assess whether the product in question is covered by warranty. If the product is found not to be covered by warranty, KOC shall obtain Purchaser´s prior authorization of charges and expenses, either verbally or in writing, before repair work shall commence.
Limitation of Liability
Except for the warranties stated herein, KOC is not liable to the customer for any consequential, incidental, exemplary, punitive, or indirect costs or damages, exemplary or indirect costs of damages, including without limitation, litigation costs, installation and removal costs, loss of data, damages resulting from use or malfunction of the products, production, profits, or revenues, or cost of replacement goods, arising from any cause whatsoever. In no event shall the total collective cumulative liability of KOC exceed the amount paid to KOC for the products from which such liability arose during the thirty-day period preceding the date of the claim.
Attorney’s Fees
If litigation is commenced by either party to enforce any contract including these terms and conditions, then the prevailing party shall be entitled to recover its reasonable costs, attorneys' fees, collections' fees and experts' fees, both at trial and on appeal.
Jurisdiction and Competence
In case of conflict, divergences or litigations, the applicable law will be the Spanish and will be competent the courts of Valencia (Spain), with renunciation of the parts to the law that could correspond to them.
Sales & Customer Service Hours
Tel: +34 962-772 581
8:30am to 6:30pm PST, Mon – Thurs
8:30am to 2:30pm PST Frid
Summer schedule in August:
8:00am to 4:00pm PS, Mon - Frid
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