• Seller refers to the party to whom the order for purchase has been given.
• Client refers to the person or organization placing the order.
• Goods or services refers to the product for which the seller has placed an order with the client.
• Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other’s business which comes into that party’s possession and shall not use such information and material. This provision shall not, however, apply to information or material which is or becomes public knowledge other than by breach by a party of this clause.
• Limited Warranty is extended to the original purchaser only and is NOT transferable.
• Klover Product Inc. Limited Warranty Policy warrants all products to be free from defects in materials and workmanship for one year from the date of purchase unless otherwise stated. (Custom built or factory modified products are covered by 60 day limited warranty.) Within this period, Klover Product Inc., at its sole discretion, will repair or replace the defective unit, which failed from established normal use. Should repairs or replacement be required, they will be made at free of charge to the original purchaser for parts or labor; however, the customer shall be responsible for any and all shipping costs to the manufacturer. This warranty does not cover failures due to abuse, misuse, accident, improper installation or unauthorized alterations or repairs.
• A return authorization from Klover Product Inc. is required prior to returning product for warranty service. Please contact Klover Product Inc. via email, phone, fax, or mail prior to returning any product for warranty service for return instructions and warranty center address.
Limitation of Liability
• The Company shall not be liable for any claim arising out of the performance, non-performance, delay in delivery of or defect in the Goods nor for any special, indirect, economic or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue) whether from negligence or otherwise in connection with the supply, functioning or use of the Goods. Any liability of the Company shall in any event be limited to the license fees paid by the Client in the year in which the event of default arises.
• Nothing herein shall limit either party’s liability for death or personal injury arising from the proven negligence by itself or its employees or agents.
• The Client shall fully indemnify the Company against any liability to third parties arising out of the Client’s use of the Goods.
• All invoices of the Seller shall be paid by the Client within thirty (30) days of the date of invoice unless otherwise agreed in writing by the Seller. In the event of late payment, the Seller may charge interest on the amount outstanding before and after judgment. Alternatively, for invoices unpaid 30 days after the due date, the Seller may impose a surcharge equal to 2.5% of the outstanding amount.
• If any amount of the invoice is disputed by the Client, the Client shall inform the Seller of the grounds for such dispute within seven days of delivery of the goods and shall pay to the Seller the value of the invoice less the disputed amount in accordance with these payment terms.
• Where the Seller requires payment of a deposit, the Client acknowledges that the deposit is not returnable.
• All fees are exclusive of value added taxes which will be added to invoices where appropriate.
• The Seller reserves the right to increase a quoted fee in the event that the client requests a variation to the work agreed.
• Delivery by the Seller will be deemed to have taken place when the materials are transferred to the shipping carrier.
• In view of the nature of the service, any order – once confirmed by the Company – is not cancellable. Cancellation of the Order by the Client will only be accepted on condition that any costs, charges and expenses already incurred, including any charges that will be levied by the list-owner on account of his expenses, work or cancellation conditions will be reimbursed to the Company forthwith.
• All written notices to be served on or given to the client shall be sent or delivered to the client’s principle place of business and shall be treated as having been given upon receipt.
Governing Law: Consent to Jurisdiction
• This agreement shall be deemed to have been made under, and shall be construed and interpreted in accordance with, the laws of the State of Wisconsin, USA, without regard to otherwise applicable Wisconsin choice of law rules or principles. Buyer hereby submits to the jurisdiction of the state and federal courts in the State of Wisconsin as an authorized agent to accept service on behalf of Buyer of any process in the State of Wisconsin in connection with this Agreement.