All sales by KMC Controls, Inc. (“KMC”) to Customer are governed by and subject to the following Standard Terms & Conditions of Sale. “Customer” refers to the original purchaser of KMC products. These Standard Terms & Conditions of Sale form a binding agreement between KMC and Customer, and this agreement incorporates by reference all additional terms and conditions stated in quotations, pricelists, invoices, order acknowledgements and other documentation furnished by KMC to Customer. Any proposal for additional or different terms, or any attempt by Customer to vary in any degree any of the terms of these Standard Terms & Conditions of Sale shall be rejected by KMC. These Standard Terms & Conditions of Sale may be amended from time to time at the sole and exclusive discretion of KMC without any obligation to notify customer of such changes. All such changes shall be effective on the earlier of (i) written notice of such change(s) to Customer, or (ii) such change(s) as modified on the Standard Terms & Conditions of Sale published on KMC’s website. Any changes to the KMC Standard Terms & Conditions of Sale are binding and enforceable only if made in writing and signed by an authorized officer of KMC. If Customer has not otherwise agreed to these terms, Customer’s acceptance of delivery of, or full or partial payment for, the products will constitute Customer’s acceptance of these Standard Terms & Conditions.
Any cause of action arising from these Standard Terms & Conditions of Sale, or breach hereof, must be commenced within thirty (30) calendar days after the cause of action occurs, and in any event within one (1) year from the delivery of the product to Customer, provided that this limitation shall not apply to actions by KMC to recover the purchase price of products sold hereunder. These Standard Terms & Conditions of Sale and any description in KMC’s price (listing) manual constitute a complete and exclusive statement of the terms and conditions of the sale of the products by KMC to Customer. There are no other promises, conditions, understandings, representations or warranties. No waiver of any right will be effective against KMC unless supported by consideration and expressly stated in writing signed by a duly authorized officer of KMC. The failure of KMC to enforce any right will not be construed as a waiver of KMC’s right to performance in the future. Customer may not assign any right to, or delegate any performance owed under, these Terms & Conditions of Sale without the written consent of an authorized officer of KMC. KMC shall have the right to credit any sums which may now or hereafter be owed by KMC to Customer toward the payment of any monies that may become due by KMC hereunder.
Customer is encouraged to visit the KMC website at www.kmccontrols.com to obtain the current version of the Standard Terms & Conditions of Sale.
Any purchase order form may be used by Customer to send an order to KMC. Orders may be submitted to KMC via email, facsimile or US Mail. Partial orders will be invoiced as shipped. Customer should specify at time of order if partial shipments are unacceptable. KMC will issue Customer, via email or facsimile, an order acknowledgement for each purchase order received by KMC from Customer providing the anticipated ship date.
Product lead times (order entry to shipment) vary based upon the two product designations below and current demand for each item. Please refer to order acknowledgements for specific dates assigned to each order or contact your Customer Service Representative for specific details. Items noted below are subject to change without notice.
- All items, except noted in item #2 below, (including a select range of ball valves up to 1”) will have an approximate lead time of no more than five (5) business days
- Most valves, special order items, lighting panels, energy & power meters will have an approximate lead time of ten (10) days to six (6) weeks
Some items have been designated as “NCNR” for Non-Cancellable and Non-Returnable. A list of these items is available to Customer at www.kmccontrols.com. KMC reserves the right to modify this list without prior notification to Customer.
Any order over $25,000 is subject to a cancellation fee at KMC’s discretion based on product mix.
- Cancellation eleven (11) or more days prior to scheduled ship date will be assessed a fee equal to 25% of the items total value.
- Cancellation ten (10) days or less prior to scheduled ship date will be assessed a fee equal to 40% of the items total value.
In addition, standard restocking fees may apply for order line items that are cancelled per the above schedule.
Storage fees will be assessed to all orders in which KMC must hold a shipment more than five (5) business days pending such items as delivery address or shipping method.
- Orders with a total value of less than $10,000 will be assessed a fee of $50.00 per day.
- Orders with a total value of more than $10,000 will be assess a fee of $100.00 per day.
An order with a requested ship date less than the normal lead time will be assessed an Expedite Fee. This fee will be equal to the greater of $25.00 Net or 5% of the net value of the expedited products.
An order will only be expedited if:
- Customer account is in good standing
- Order is received by 12:30 PM Eastern Time for same day shipment
- Customer Service agrees that the products can be expedited
If the products are not in stock and cannot be shipped on the requested ship date, notification of the anticipated ship date will be made. The Expedite Fee will apply if the Customer requested ship date is earlier than five (5) business days after receipt of order by KMC.
Advanced warranty replacement parts will not be assessed the Expedite Fee. The RMA Number assigned by Customer Service must be specified on the purchase order.
Our minimum order is $100.00 Net. A handling fee of $30 will be applied to any orders under this Net value.
A COD Fee of $25.00 will be assessed to any shipment requiring Cash On Delivery. COD orders cannot be expedited and may require an extension of the normal lead time for shipment.
All products shall be shipped F.O.B. Point of Origin and/or Vendor’s Facility (dependent upon the location of the products at the time of loading for shipment to Customer) by the method of shipment and routing determined by KMC, except as otherwise specifically agreed in writing by KMC and Customer. Shipments are subject to the standard limitations on loss or liability imposed by the carrier, except to the extent Customer submits an advance written request for higher loss coverage as available from the carrier at Customer’s cost.
Providing inaccurate shipping account numbers to KMC will result in a separate billing of your freight and a $50 penalty fee.
For shipments via truck line, damage claims must be handled directly with the truck line. Customer shall be responsible for any and all claims for damage during truck line shipment.
Customer shall inspect ALL shipments immediately upon receipt for damages caused during shipment, and Customer shall notify both the carrier and KMC of any damage immediately. Product furnished by KMC in all events will be deemed to have been accepted by Customer within thirty (30) days after receipt by Customer. Any claim for credits and/or charge backs related to damage during shipment will be considered by KMC only if (a) received by KMC within thirty (30) days of the shipping date and (b) submitted to KMC in writing with a complete description identifying the specific product and the reason that Customer is claiming a credit and/or chargeback for damage during shipment. Credits and/or charge backs may be denied by KMC in KMC’s sole discretion.
Terms of sale are determined by KMC. Terms begin the date of the shipment, which is also the invoice date. All invoices paid after the due date listed on the invoice will be assessed the late payment service charge the lesser of eighteen percent (18%) per annum or the maximum amount allowed by applicable law. If, in the sole discretion of KMC, the financial condition of Customer at the time products are ready for shipment does not justify the terms specified, KMC reserves the right to change the terms or to require full or partial payment in advance of shipment. KMC may, at any time, suspend performance of any order or require payment in cash, security or other adequate assurances satisfactory to KMC. All sales are subject to the approval of KMC’s credit department. Service charges are not optional. Any unpaid invoice will result in Customer being placed on credit hold, as determined by KMC. Orders will not be released to production if Customer’s account is on credit hold.
This Returns Policy applies to all products returned to KMC from Customers in the United States or Canada within the respective warranty period applicable to the returned product. The warranty period begins on the date stated on the product date code. Product defined as Non-Cancellable / Non-Returnable (NC/NR) will not be accepted for return.
This returns policy applies to all products returned to KMC from Customers in the United States or Canada within the respective warranty period applicable to the returned product. The warranty period begins on the date stated on the product date code.
NOTE: In markets outside of the United States and Canada, KMC Controls reserves the right to further limit our factory warranty coverage due to the cost of trans-shipment of warranty goods between countries. Customers in these countries should consult directly with KMC to establish the warranty policies that will be in effect in their markets.
To return Products to KMC:
- contact your Customer Service Representative via phone: (574) 831-5250
- request a Return Material Authorization (RMA)
- complete a Material Return Form GN-0042.
KMC will provide Customer with an RMA number. Customer must include this assigned RMA number on the shipping label of the returned product. Return products (transportation prepaid) to:
KMC Controls
Attn: Returns
19514 Industrial Drive
New Paris, IN 46553
Returned products must be adequately packaged to protect from damage during transportation. This enables KMC to more accurately evaluate returned products and continuously achieve quality improvement. KMC is not responsible for any damage to returned product resulting from improper packaging or damage during return shipment to KMC. Customer shall be solely responsible for the packaging and protection of returned product during shipment to KMC.
When returned products are received, KMC will notify Customer of KMC’s receipt. Replacement product, if required, will be shipped within three (3) business days when possible. KMC reserves the right to replace any defective or damaged product with a functional equivalent if available. KMC shall provide Customer with a Return Material Report via fax, email or USPS mail no later than two (2) weeks after receipt of the return.
Failure to follow these product return requirements, or return of product that is out of warranty will result in a thirty (30) calendar day in-house storage of Customer’s product, pending disposition and no further reconciliatory action on our part. Should Customer fail to provide instruction regarding the disposition of product to KMC after the expiration of the thirty (30) day periods set forth herein, the product shall become the property of KMC and KMC shall dispose of such products in any manner as KMC deems appropriate.
Product being returned for restocking must be (i) no older than six (6) months from the shipment date of the product, (ii) new, (iii) unused, and (iv) in the original packaging in which the product was received by Customer from KMC.
A 25% restocking fee will be assessed for all products.
KMC provides a limited warranty on its products. KMC warrants that its product sold hereunder will, for sixty (60) months from the product date code, be free and clear of all liens and encumbrances and will be free from defects in material and workmanship and will conform to KMC’s applicable specifications, all as set forth in KMC’s Limited Warranty. To obtain a copy of the complete KMC Limited Warranty, Customer is encouraged to (i) visit www.kmccontrols.com, (ii) contact Customer’s KMC Customer Service at (574) 831-5250, or (iii) submit a written request to obtain a copy of the KMC Limited Warranty to KMC Customer Service via facsimile at (574) 831-5252.
CUSTOMER ACKNOWLEDGES AND DECLARES THAT THESE LIMITATIONS AND WAIVERS HAVE BEEN BROUGHT TO CUSTOMER’S ATTENTION AND EXPLAINED, THAT CUSTOMER HAS READ AND UNDERSTANDS ALL TERMS AND AGREES TO BE SO BOUND, AND THAT CUSTOMER’S RECEIPT OF THE STANDARD TERMS & CONDITIONS OF SALE, LIMITED WARRANTY AND PRODUCTS, AND ANY PAYMENT FOR THESE, SIGNIFIES THAT CUSTOMER HAS VOLUNTARILY AND KNOWINGLY CONSENTED TO ALL TERMS, INCLUDING THE WAIVERS AND LIMITATIONS CONTAINED HEREIN.
NOTE: In markets outside of the United States and Canada, the KMC reserves the right to further limit its factory warranty coverage due to the cost of trans-shipment of warranted products between countries. Customers in these countries should consult directly with KMC to establish the warranty policies that will be in effect in their markets.