1. GENERAL
    1. The following terms and conditions shall comprise the entire agreement for the purchase and sale of Kinetix Technologies and its products and services, hereafter referred to as the Seller.
    2. The Buyer's formal purchase order or signed acceptance of Seller's formal proposal, Seller's performance or delivery define all activity, inclusive of the following: sales and use of products, services and work and all related matters (references to products/services include all components and references to work include installation and service commencement.)
    3. The agreement formed and the language herein shall be governed by and interpreted in accordance with the laws of the State of Louisiana.
  2. CHANGES
    1. Prior to the date of delivery of any product or services, the Buyer shall have the right to make changes in its order provided that the Seller receives written notice of the desired changes and accepts the same. If the exercise of such rights by the Buyer causes an increase or decrease in the order price or in the time of delivery or completion, the Seller shall notify the Buyer prior to incurring any additional costs.
    2. Failure of the Seller to accept the Buyer's request to changes in its purchase order shall not be cause for the Buyer's cancellation of its order except upon payment of a cancellation charge to be determined by the Seller. At all times, the Seller shall proceed as directed by the Buyer, including the execution of changes, additions or alterations to the order as directed by the Buyer.
  3. PERFORMANCE AND ACCEPTANCE
    1. Seller shall not be responsible for performance delays in service by any causes beyond Seller's reasonable control, including but not limited to, labor complications, delays caused by suppliers, fires, floods, storms and other acts of God, material shortages. Delays as a result of the abovementioned will facilitate a revised work schedule, as performance dates are understood to be approximate.
    2. In no event shall Buyer be entitled to incidental or consequential damages for delinquency or failure to perform. The Seller's liability on all other claims for loss or liability connected with this agreement, or the sale, delivery, resale or use of equipment and services shall in no case exceed the price of the services or the unit price of such equipment involved in the claim.
  4. WARRANTY
    1. Seller warrants only its products will meet all applicable specifications and other specific product and work requirements (including those of performance), if any, of this agreement and will be free from defects in material and workmanship.
    2. THE SELLER'S WARRANTY EXTENDS ONLY TO PRODUCTS AND SERVICES BY IT AND AS IS, TO THE EXTENT PERMITED BY LAW, IN LIEU OF ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
    3. PRODUCTS, SERVICES, OR COMPONENTS THEREOF, SUPPLIED BY ANY OTHER PARTY TO THE SELLER WHICH ARE NOT ASSEMBLED BY THE SELLER ARE COVERED ONLY BY THE INDIVIDUAL WARRANTY OF SUCH OTHER PARTY AND COPIES OF SUCH WARRANTIES WILL BE FURNISHED UPON REQUEST.
    4. The Seller reserves the right to inspect defective and non-conforming items claimed under warranty either at the Buyer's location or at the Seller's Central Office. Any product proving defective due to material or misapplication, within 12 months of shipment or commencement of service will be replaced or repaired, FOB the Seller's Central office.
  5. TAXES
    1. Applicable tax exemption certificates must accompany any order to which this applies.
  6. PAYMENT TERMS
    1. Inclusion of Buyer's tax identification number authorizes Seller to access credit report to make judgment on credit worthiness before products and services are extended.
    2. Open Account Terms: Net thirty (30) days from date of invoice, unless otherwise stated. A service charge of 1.5% per month (18% annual rate) will be charged on balances over thirty (30) days. Service charge will be levied each month until overdue balances are paid.
    3. All past due accounts may be placed on credit hold without notice until the account is resolved and a $25 late fee may be applied.
    4. A minimum of $100 service disconnect/reconnect fee will be assessed on all balances exceeding 60 days past due, plus applicable finance and late charges. Kinetix Technologies reserves the right to disconnect services without warning to any Buyer with an outstanding balance exceeding 60 days.
    5. A $25.00 insufficient funds fee for all returned checks or insufficient account charges will be charged.
    6. The following order processing and minimum order fees will apply:
      1. A $9.95 order processing fee is based on the value of the processing, handling and delivery services Kinetix provides, as well as Kinetix's overall pricing structure. Please note this fee is not applicable to credit card transactions.
      2. Minimum order is $600. Product orders under $600 will be charged an "under minimum" fee of $9.95.
  7. FREIGHT
    1. Shipping terms "FOB Origin PPD" unless otherwise stated.
    2. All shipping discrepancies must be reported in 5 working days of receipt of merchandise. Discrepancies reported after 5 working days will not be allowed.
    3. Shipping in non-refundable, as these charges reflect rates charged to Kinetix Technologies by our freight forwarders, and upon successful delivery are non-refundable.
    4. Kinetix Technologies will reasonably assist the customer in obtaining satisfactory adjustment of any damage claims.
  8. RETURNS
    1. Seller will reserve the right at any time to revise, add to or detract from the limitations as deemed necessary to recover funds for our customers.
  9. NOTICE
    1. Kinetix Technologies greatly values the confidence and goodwill of its customers and suppliers. We tender our products only on their merit, and we invite our customers to judge and purchase our products and services on the basis of quality, price, delivery and service. This Kinetix Technologies policy applies in all affiliations with our customers and suppliers.