Terms and Conditions
INTRODUCTION
CONTRACT TERMS
By accessing this website and/or purchasing products from us, you agree that you have read, understood and agree to be bound by all of the provisions set forth herein and below (collectively, the “Terms and Conditions”), all of which constitute an agreement between you and KEYTIGER. The unenforceability of any one of the Terms and Conditions shall not affect the enforceability of any of the other Terms and Conditions. The terms and conditions on any quotation, order acknowledgment, invoice or other form you receive from KEYTIGER are incorporated into these Terms and Conditions by reference. These Terms and Conditions constitute the exclusive agreement between you and KEYTIGER, except as otherwise agreed in writing signed by us. Our failure to assert a right or insist upon compliance with any term or condition shall not constitute a waiver of that right or excuse any subsequent noncompliance.
WEBSITE TERMS-OF-SERVICE
LIMITED USE LICENSE
KEYTIGER grants you a limited, nonexclusive, non-transferable license to access and use this website only in accordance with and for the purposes set forth in these Terms and Conditions. You do not have permission to access or use this website in any way or for any purpose that involves a violation of these Terms and Conditions. KEYTIGER retains the right to terminate your limited use license at will, at any time.
OWNERSHIP
This website is intended only for your use in deciding whether to purchase products from us and in purchasing products from us. You may access and make a limited number of copies of the frames or pages only as needed for this limited purpose. All title, ownership and other rights in and to this website are owned or licensed from a third party by KEYTIGER. Any unauthorized use, change of information, or interference with the availability of, access to proper working of or security measures on this website is strictly prohibited.
DOWNLOADING
Unless expressly permitted by us, any downloading, copying, mirroring, archiving, intercepting or redirecting of content from any part of this website is strictly prohibited. Even if permitted by us, downloading pictures, models, schematics or any other information from this website does not give you title or any other rights thereto. Redistribution, making a derivative work from and any other commercial exploitation of any content on this website or of any software you download from this website are expressly prohibited. Using bots, spiders, other indexing agents or any other device to copy any part of this website or use of any technology or other means to hide your identity when accessing this website are also strictly prohibited. You agree you will impose only that load on this website which is necessary for your use in deciding whether to purchase products from us and in purchasing products from us.
CONTENT
We are pleased to hear from our customers. However, any ideas you disclose to us shall be deemed the property of KEYTIGER. We are free to use any such disclosure for any purpose and in any media without compensation, and you warrant that all “moral rights” in any such disclosure have been waived. KEYTIGER reserves the right to regulate all content provided by third parties on this website, but we are not responsible for that content. When participating in interactive portions of this website, you represent that you have the right to use any information or content you upload or post and agree to abide by the following rules: (1) you will not provide infringing, defamatory, obscene, threatening, abusive, illegal or otherwise improper content; (2) you will not upload viruses or harmful components; (3) you will not use the website to further any unlawful purpose or to violate the rights of any party; and (4) you will not provide content for a commercial purpose.
SALES TERMS
PURCHASES; PRICES; PAYMENT
Prices, title and risk of loss are F.O.B. our warehouse. Published prices don’t include taxes, duties or shipping and may be changed without notice. International customers are responsible to pay for all international duties and related taxes. Visa and MasterCard are accepted for telephone and website orders. Credit card arrangements are subject to change. We reserve the right to correct typographic errors and reject orders. Applicable law may prevent the sale of some products in your area.
PURCHASE ORDERS
Only existing customers that have ordered for more than 1 year are allowed NET payments/credit terms, subject to management approval. These orders are subject to 40% downpayment for each order or partial shipment prior to the start of the quoted lead time, NET 14 for the remainder; This will apply for a period of 12 months until credit has been established. Purchase Orders are only accepted for orders that are more than $5,000 and are available to established companies. Checks are accepted but the order shall not be shipped until the check has been received and deposited into our account. New customers are not allowed credit terms.
RETURNS; EXCHANGES
If your shipment appears damaged, do not accept the delivery unless the damage is marked on the bill by the carrier. Items purchased are returnable and/or exchangeable up to 30 calendar days from the time of order – items must arrive at our facility within 30 days. There is a 20% restocking fee for all returns and exchanges to account for the outbound shipping costs and handling. All items must be returned in its original condition and packaging for it to be accepted. No items that have been installed will be accepted for returns due to potential damages that may have occurred during installation and handling of the product and its accessories during the process. Any product that is missing accessories, its original packaging or show signs of use, scratches or dents will not be accepted for a return. For any warranty, approved returns or exchanges, customers are responsible for shipping costs in all directions. KeyTiger sole’s responsibility is to pay for the initial outbound shipping cost. Custom orders or non-scheduled production orders are non-returnable nor exchangeable.
LIMITED PRODUCT WARRANTY
All items are warrantied for 12 months (1 year) from the date of purchase and can only be replaced under warranty once. This limited warranty covers workmanship, design and material failures specifically attributable to our products and does not cover customer damage due to mishandling, misuse nor misinstallation such as dents, cracks, scratches. Our warranty obligation is to replace the item under warranty with the new same Part Number. In the event that we do not have the same Part Number available, a suitable replacement (different part number) of equal value may be provided if the customer agrees. For any items that are received damaged due to our handling or shipping, this MUST be reported within 14 calendar days from the time an order was placed to ensure it is due to our mistake and not the customer’s mishandling or misuse. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE, ARE DISCLAIMED.
OTHER PROVISIONS
NO OTHER REPRESENTATIONS OR WARRANTIES
WE MAKE NO REPRESENTATION OR WARRANTY THAT PRODUCTS OFFERED FOR SALE ON THIS WEBSITE ARE LEGAL, AVAILABLE OR APPROPRIATE FOR YOUR PURPOSES OR FOR USE IN YOUR COUNTRY OR REGION. YOU ARE RESPONSIBLE FOR COMPLIANCE WITH LAWS GOVERNING YOUR USE OF THESE PRODUCTS. THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE. YOU AGREE TO HOLD KEYTIGER HARMLESS FROM, AND YOU COVENANT NOT TO SUE KEYTIGER FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL KEYTIGER BE LIABLE IN CONTRACT, WARRANTY, TORT OR OTHERWISE FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR PURCHASE OF ANY PRODUCTS FROM US OR ANY USE OF, OR THE INABILITY TO USE, ANY CONTENT ON THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCTS YOU PURCHASE FROM US.
YOUR OBLIGATIONS
You warrant, represent and agree:
(1) to comply with all laws;
(2) that our sale and shipment of any product ordered by you will not, by export thereof, your legal status or otherwise, cause us to violate any law; and
(3) to indemnify us against any losses and costs incurred from a failure by you to comply with any law or these terms and conditions or from any unlawful use by anyone of any product ordered by you.
PRIVACY POLICY
This policy is intended to help you understand how our Company collects, uses and safeguards the information you provide on our website. It does not apply to the use or disclosure of information that is collected or obtained by us through other means. You are responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. When you place an order for a product, we need to know your name, e-mail and mailing addresses, and your billing information so that we can fill, confirm and ship your order, and notify you of your order status. This site may collect your IP address or domain name for site administration purposes. We may also request personal information from you if you submit comments to us through our website. We don’t rent, sell or otherwise distribute to others any information about our customers, except that we may provide your personal information to companies engaged to deliver your order. We also reserve the right to disclose without notice to you any information in our possession if we believe we are required to do so by law, to protect or defend our rights or property, or to respond to an emergency. While we endeavor to use reasonable efforts to safeguard the confidentiality of your information, the Internet is not totally secure. Due to the possibility of transmission errors, hacking or other unauthorized third party activities, we cannot guarantee that data on our site will remain secure. If we become aware of a security breach involving this website, KEYTIGER will make all legally required disclosures, consistent with our ability to determine the scope of the breach, our need to restore the integrity of the system and the needs of law enforcement. This site is not intended for use by, and KEYTIGER does not intend to collect personal information from, children under 13 years of age. Children under 13 years of age are directed not to use this site, whether to submit personal information or otherwise. Our website contains links to websites which are not under the control of KEYTIGER. We are not responsible for the privacy practices of any linked site.
JURISDICTION AND CHOICE OF LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California applicable to contracts made and to be performed in California, without giving effect to conflict of law principles, and applicable federal law. Any personal information submitted will be subject to these laws, not those of any jurisdiction outside of the United States. You irrevocably consent to the exclusive jurisdiction of the courts located in Los Angeles, California in connection with any action arising out of or related to these Terms and Conditions or this website. Notwithstanding the foregoing, proceedings to enforce the result of any such adjudication may be brought in any applicable forum.