Terms and Conditions, Trademark, Intellectual Property
1. Order Acceptance:
The following outlines the terms and conditions upon which Kytola Instruments and Kytola Instruments OY (Kytola®) accepts orders for goods and services and may constitute the entire agreement between the parties. These terms and conditions will supersede any agreement or document, including terms and conditions that are part of a purchase order or other document sent to us by the BUYER. By issuing a purchase order to us, BUYER is deemed to have accepted our terms.
Prices can be obtained by contacting the applicable branch of Kytola® Instruments or one of their authorized distributors. Kytola® Instruments reserves the right to change pricing without notice.
3. Standard Orders:
Orders cannot be revised or cancelled once an order confirmation has been created. Additions to orders once an order confirmation has been created must have a duly revised purchase order submitted and may be subject to additional shipping charges.
All shipments unless otherwise specified and agreed to by the Buyer are freight on board (FOB) shipping point. Kytola® Instruments is not liable for any loss or damage during the course of shipping. This includes accidents, theft, vandalism, labor difficulties, or disputes, weather extremes, other acts of nature, or other circumstances causing a delay in delivery. Freight or shipping and handling charges will be collect or prepaid and added to your invoice where applicable.
In an effort to be environmentally friendly, Kytola® Instruments consistently seeks ways to reduce solid waste and ships products when possible using environmentally compatible and recyclable containers.
Kytola® Instruments must be notified of any claims for shortages or incorrect merchandise upon receipt of the products or they shall be deemed accepted by you within 5 working days. For incorrect merchandise at our option, an authorization to return the goods may be issued.
Kytola® Instruments must be notified within 5 working days after receipt of the product of any request to return a product. A return authorization from us is required for all returns. Not all requests for return will be granted: for example, in the case of a Buyer’s purchasing error or change in the order subsequent to shipping the product, authorization will not be granted. Special order and custom products or products which cannot be resold will not be authorized for return, unless defective and within the warranty period. We choose to verify any performance prior to authorizing a return or a replacement. All return shipping costs will be borne by the Buyer.
8. Restocking Fee:
All requests to return products will be subject to a restocking fee.
9. Payment Terms:
Terms are set out as agreed to upon order placement. Kytola® Instruments shall have the right to delay shipment or stop a shipment under any agreement, if payment under any agreement or order between Buyer and us is not received when due or is rescinded. Buyer warrants that it has the funds or approved funding for all payments to be required under any purchase order placed or agreement executed with us. If Buyer fails to pay any invoice when due, we may also charge Buyer a late payment charge equal to the lesser of one and one-half percent (1½%), or the maximum permissible rate under applicable laws, per month on the outstanding balance. If you are a tax-exempt agency, please submit a copy of your tax exemption certificate with your purchase order or fax a copy to the us at +1 514-448-5151 or via email at firstname.lastname@example.org.
10. Product Use Limitations:
Kytola® Instruments is not liable for damages incurred for the misuse of any product.
11. Special Orders and Custom Configuration:
Special orders and custom configuration products are warranted only to conform at the time of delivery to the purchaser. For specific product warranties and liabilities, please see our Warranty section. Buyer recognizes that we have manufactured the products at the instruction and to specifications provided by Buyer and has not independently tested the products for any characteristics other than those set forth on the label.
12. Proprietary Software KVMWIN™, KVMWIN1P™, KVMWIN20P™Software License:
In consideration of the purchase price you pay our proprietary application and system software and related documentation are licensed to you by us. You own the media on which the software is recorded, but we retain title to the software. This license allows you to use the software on a single computer and to make one copy of the software in a machine-readable form for backup purposes only. Our software is licensed to you pursuant to a license agreement that is agreed at the time of installation and that we have the right to enforce.
For specific product warranties and liabilities, please visit our Warranty Section.
Use of Intellectual Property and Trademark
The Kytola® Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, Kytola® logos, titles, characters, names, graphics and button icons (collectively “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Kytola®.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, or products obtained from or through this website, in whole or in part, without the express written permission of Kytola®.
Other trademarks, service marks, product names and company names or logos appearing on this website that are not owned by Kytola® may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this website, or frame this website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the Kytola® Website in an email for commercial purposes, without the express written permission of Kytola®.
Kytola® is a registered trademark of the United States, Canada and other countries. Use of this trademark is prohibited in any hyphenated, written or electronic form which includes but is not limited to keywords, emails, internet sites, documentation, etc. is prohibited without the express written consent of Kytola Instruments or Kytola Instruments OY.