TERMS AND CONDITIONS
1. SCOPE The Terms and Conditions (“Terms”) contained herein shall apply to all purchases through Kuvoh.com. These Terms may in some instances conflict with some of the terms and conditions affixed to the purchase order or other procurement document issued by the Buyer. In such case, the Terms contained herein shall govern, and acceptance of the Buyer’s order is conditioned upon the Buyer’s acceptance of the terms and conditions herein, irrespective of whether the Buyer accepts these conditions by a written acknowledgment, by implication, or acceptance and payment of products ordered hereunder. Kuvoh’s failure to object to provisions contained in any communication from Buyer shall not be deemed a waiver of the provisions herein. Any changes in the Terms contained herein must specifically be agreed to in writing and signed by an officer of Kuvoh before becoming binding on either party.
2. PRICES AND TAXES All prices are exclusive of any present or future sales, revenue or excise tax, value-added tax, turnover tax, import duty (including brokerage fees), or other tax applicable to the sale of any product. Such taxes, when applicable, shall be paid by Buyer unless Buyer provides a proper tax exemption certificate.
3. DELIVERY Unless otherwise agreed in writing, sales are FOB Stone Mountain, GA. Kuvoh may deliver products in one or more shipments and does not accept liability for any loss arising from delay in delivery of products.
a. Shipments for electric vehicles within and outside the United States will move as hazardous material.
b. All crating material will be ISPM 15 Heat Treated for international shipments based on specific destination country requirements.
4. PAYMENT TERMS All Buyers are required to pay at the time of purchase. Unless otherwise agreed in writing, all payments are to be in United States dollars. For international orders, Kuvoh may require payment to be secured by an irrevocable letter of credit or a bank guarantee acceptable to Kuvoh. Where payment is made by letter of credit, all collection costs shall be for Buyer’s account. If Kuvoh is required to bring legal action to collect delinquent accounts, the Buyer agrees to pay reasonable attorney’s fees and costs of suit.
5. NON-CONFORMING DELIVERY AND RISK OF LOSS Buyer shall inspect shipment upon receipt and notify Kuvoh in writing of any visible defects, quantity shortages or incorrect product shipments within fourteen (14) days of receipt of the shipment. Failure to notify Kuvoh in writing of any visible defects in the products or of quantity shortages or incorrect shipments within such period shall be deemed an unqualified waiver of any rights to return products on the basis of visible defects, shortages or incorrect shipments, subject to Buyer’s rights under Section 7. Seller shall retain a security interest in the products until Buyer’s final payment to Kuvoh for the products. Risk of loss and title shall pass to Buyer as soon as the products have been placed with a transport agent.
6. ORDER CANCELLATION Buyers Cancellation for Convenience: Buyer may cancel any order for convenience on the following terms: (i) For standard products, Buyer may cancel or reschedule a product without penalty if the cancellation is more than sixty (60) days from the Confirmed Shipping Date (as specified in Kuvoh’s Order Acknowledgement or other document); cancellations within 60 days of a Confirmed Shipping Date must be approved in writing by a Kuvoh sales manager and may be subject to special charges (ii) For nonstandard parts, custom products, or standard parts with minimum usage Buyer may cancel or reschedule more than ninety (90) days from the Confirmed Shipping Date, except that Buyer shall accept delivery of all such products which are completed at the time of cancellation or rescheduling. Those nonstandard products which are in the work-in-process inventory at the time of cancellation or rescheduling shall be paid for by Buyer at a price equal to the completed percentage of the product multiplied by the price of the finished product. Any special components ordered for special units shall be paid for by Buyer in full. Due to our short lead times, orders placed at Kuvoh.com must be cancelled within one (1) hour of submitting your order. To request a cancellation, contact orders@kuvoh.com with your receipt and reason for cancellation.
a. Buyers Cancellation for Default: Upon written notice to Kuvoh, any order may be canceled in whole or in part in accordance with the terms hereof, because of Kuvoh’s failure to delivership products bywithin ten (10) business days of the Confirmed Shipping Dateestimated shipping date (this failure hereinafter called “Default”). Buyer is not entitled to any costs associated with such cancellation.
b. Kuvoh’s Cancellation: Kuvoh shall have the right to cancel any unfilled order without notice to Buyer in the event that Buyer becomes insolvent, adjudicated bankrupt, petitions for or consents to any relief under any bankruptcy reorganization statute, or becomes unable to meet its financial obligations in the normal course of business. Any order that can be cancelled or rescheduled by Buyer pursuant to paragraph 6(a) may be cancelled or rescheduled by Kuvoh if notice is given to Buyer.
7. RETURNS For vehicles and trailers purchased through Kuvoh.com, returns are accepted within 14 days of the delivery date. All other parts or accessories are accepted within 30 days of the delivery date. To initiate a return, please contact us at contact@kuvoh.com to obtain return authorization or use our return form at kuvoh.com/returns. Once authorized, returns must be shipped within 7 days. Unauthorized returns and authorized returns shipped after 7 days may not be accepted. Please allow up to 10 business days for your refund to be processed once we receive your return.
a. RETURN SHIPPING Return authorization for items shipped in error, or items being returned because of defect will be paid for by Kuvoh.com. Return shipping on items that are being returned for other reasons will be the responsibility of the customer. In the case of returns due to damage in transit, the customer must notify us by email within 48 hours of receipt.
b. ITEMS NOT ELIGIBLE FOR RETURN Items marketed and identified as "Final Sale" items will not be eligible for return,
c. CONDITION OF ITEMS Items may be “opened” but must be undamaged and complete with original packaging in order to be eligible for return.
d. FORM OF PAYMENT. Refunds, will be issued in the original form of payment unless otherwise stated.
8. MISCELLANEOUS Kuvoh reserves the right to publish the names of its customers and users of its products unless it receives written requests not to do so from the customer or user as the case may be.