§ 1 Prices
The prices of our quotes and acceptances of order are subject to confirmation. We charge the prices available at the time of delivery. Freight and packing see page 6.6. valid only within the United States. Unless agreed upon differently all export prices are ex works.
§ 2 Orders
We will confirm the acceptance of orders in writing. Orders are only valid by our written confirmation. Changes, supplementary agreements and amendments of the contract have to be agreed on in written form in order to be valid.
§ 3 Transportation risk and delivery
All deliveries are at the risk of the customer. The risk passes over to the customer from the (outgoing) place of delivery. This is valid even if free delivery is agreed on. If the delivery is delayed by fault of the customer the risk passes over to the customer on the day the merchandise is ready for delivery. Insurance against transport damage will only be arranged for if the customer explicitly demands it and at his expense. Shipping instructions have to be given with the placement of the order, otherwise the merchandise will be shipped at our own discretion for the cheapest freight,
§ 4 Catalogues, drawings and samples
We reserve the right of property and the copy rights of all provided catalogues, digital or print, drawings and samples. These documents may not be used for copying, imitation, or circulation.
§ 5 Delivery and acts of nature
Quoted times of delivery are always without obligation. We always try to complete an order promptly and in time. The time of delivery starts with the day of the sending of the confirmation of order and is deemed to be kept, if the merchandise has left our factory by the end of the delivery period. Acts of nature which happen after conclusion of a contract and complicate our services or make them impossible, entitle us to defer the fulfilment of our obligations for the time of the interference and an adequate start-up time. Acts of nature include especially strikes, lockouts, breakdown of transportation, lack of production material or energy or similar occurrences which we are not accountable for. If acts of nature lead to a final, lasting, irreparable hindrance of performance we are entitled to withdraw from the contract.
§ 6 Warranty
KL® megla Architectural (KLMIA) warrants to our immediate customer only, that its Architectural & Shower Hardware Products will be free of material defects and defects in workmanship for a period of (2) years from date of manufacture, effective as of the date of substantial completion. All warranty claims are subject to inspection by KLMIA prior to KLMIA providing a remedy for the
This Warranty will not apply if, after inspection by KLMIA, it is determined that the Hardware Products has been installed and maintained in a manner that is not in conformity with the instructions and guidelines set forth by KLMIA for proper installation and maintenance.
KLMIA’s responsibility to provide a remedy under this Warranty shall be limited in its sole discretion to either a refund of the purchase price, or to provide a replacement of the hardware
product. The refund or replacement shall constitute the limit of KLMIA’s liability and obligation for any material defect or defect in workmanship in hardware products.
This Warranty excludes product failure caused by normal weathering, chalking, scratching, fading, corrosive atmospheric contaminates (e.g. chemical fumes, pollution), negligence, abuse, accident,
shipping, improper use or installation, fire, flood, exposure to corrosive elements or acts of God or other causes unrelated to defective materials or workmanship.
This Warranty is exclusive and KLMIA makes no other warranty, express or implied, including without limitation, any implied warranty of merchantability or fitness for a particular purpose. In no
event shall KLMA be liable under any legal theory (including but not limited to contract, negligence, strict liability in tort, or warranty of any kind) for any indirect, special, incidental, consequential, or exemplary damages (including but not limited to lost profits).
§ 7 Prohibition of assignment
Claims of the customer against us cannot be transferred to a third party without our consent.
§ 8 Rights of retention and summation
The claim of rights of refusal of performance and retention is excluded if the customer is an entrepreneur, unless the contrary right is legally established or beyond controversy. In all cases summation is only acceptable in uncontested or legally established claims.
§ 9 Trade mark rights
In case items have to be produced according to drawings, models or samples of the customer, the customer assumes the warranty, that by the production and delivery no trade mark rights of a third party are violated. He exempts us from all claims of such a third party. For eventual costs of litigation in case of such a claim we have a claim against the customer of a reasonable payment in advance.
§ 10 Place of execution, court of jurisdiction, applicable law
For all deliveries and contractual activities of both contractual partners shall abide by the laws of the State of Iowa United States