modKIT

>>> NOTICE <<<
By viewing our site or doing business with us, you agree to the following terms. If you do not, please bring your business elsewhere, thank you.

Please read this document carefully as it contains very important information about your rights, obligations, limitations and exclusions that apply to all customers and pre customers viewing our website.

This agreement contains the terms and conditions that apply to purchasers of Retail Consumers, Small Business, Medium Businesses and Enterprise company customers from the Mod Kit entity named on the invoice "Mod Kit" that will be provided to you the "Customer" on orders for products manufactured by and/or related products sold by Mod Kit. You agree to be bound by and accept this agreement as applicable to your purchase of product(s) or service(s) from Mod Kit. By using the Mod Kit website and submitting orders to the Mod Kit systems, you the customer agrees to be bound by and accept these terms and conditions.

These terms and conditions apply (i) unless the customer has signed a seperate formal purchase agreement with Mod Kit, in which case the agreement will govern; or (ii) unless Mod Kit standard terms apply to the transaction.

Other Documents - Other than as specifically provided in any separate formal purchase agreement between Mod Kit and the Customer, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Mod Kit and the Customer.

Governing Law - The purchase of any item(s) through our website shall be deemed to be a contract made under the Hong Kong Law and Governed by the Laws of Hong Kong. The customer agrees to submit jurisdiction through the Hong Kong courts and to abide all applicable Local, State, National and International Laws and Regulations. Mod Kit site shall be deemed to be a contract made under the Hong Kong Law and Governed by the Laws of Hong Kong.

Payment Terms - Terms of payment are within Mod Kit's sole discretion, and unless otherwise agreed to by Mod Kit. Payment must be received by Mod Kit prior to Mod Kit's acceptance of processing an order. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Mod Kit. Payments to Mod Kit is non refundable under any circumstances. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Mod Kit may invoice parts of an order separately. Orders are not binding upon Mod Kit until accepted by Mod Kit. Any quotations given by Mod Kit will be valid for the period stated on the quotation. Customer agrees to pay interest of 10% on all past-due sums on a weekly basis. If payment is not made within 45 days, Mod Kit may seek legal action and customer assumes all and every responsibility for any amounts due.

Shipping Charges - The prices of the item(s) ordered are displayed on Mod Kit website and or in Mod Kit catalog, and are quoted in US Dollars ("USD"), next to another local currency (depending on the selected region site). The prices displayed exclude any form of taxes. All taxes and custom duties which may incurred in the process of shipment at the destination country shall be bear by the Customer. The delivery charges payable will be quoted by Mod Kit. Mod Kit uses third parties for the delivery of the items (HK POST, UPS, DHL, EMS). Items will be delivered to address provided in the billing section. While Mod Kit takes all efforts to assure the expeditious delivery of the items to the Customer, Mod Kit does not represent or warrant that the items will be delivered to the Customer within the time frames quoted on our website or in email. The delivery time frames specified in the website or email are indicative only and shall not be an obligation on us or the carrier. If the Customer fails to take delivery of the items or fails to enable Mod Kit or the carrier to make delivery (whether by refusal or failure to provide any or proper instructions, authorization, information, payment, verification etc), delivery shall be deemed to have take place upon the carrier or Mod Kit giving notice to the Customer of such delivery where upon risk in the items shall pass immediately to the Customer. The Customer shall reimburse Mod Kit all costs and expenses (including but not limited to transport, storage and insurance charges) incurred by us as a result of your failure or refusal to take physical delivery.

Risk of Loss - Title to products passes from Mod Kit to Customer on shipment from Mod Kit's facility. Loss or damage that occurs during shipping by a carrier selected by Mod Kit, is Mod Kit's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer, is Customer's responsibility. When the Customer orders from Mod Kit and selects a method of shipment, the Customer is selecting the carrier the Customer wants their order shipped via.

Products - Mod Kit's policy is one of ongoing product update and revision. Mod Kit may revise and discontinue products at any time. Mod Kit will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. The parts and assemblies used in building of Mod Kit products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned. Using the technology available to Mod Kit, Mod Kit has tried it's best to ensure that the thumbnail images of the item(s) materially resemble the item(s) delivered to the Customer. Due to differences in monitors and variance in resolution setting, the color seen on screen may not be the exact color of the item(s). However, due to limitations beyond Mod Kit's control, Mod Kit is not responsible for any differences or non-conformity of the item(s) delivered to the Customer as compared to the images of the item(s) as shown on our website.

Compatibility - Mod Kit strongly urges the Customer to check compatibility before ordering products from Mod Kit. If an item is returned due to incompatibility, Mod Kit refuses to replace and or refund the item.

Limitation of Liability - Mod Kit does not accept liability beyond the remedies set fourth herein, including any liability for products not being available for us, and or lost during transit. Mod Kit will not be liable for lost profits, loss of business or other consequential, special, indirect, or punitive damages. Even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. Customer agrees that for any liability related to the purchase of item(s) or services, Mod Kit is not liable or responsible for any amount or damages above the aggregate dollar amount paid by Customer for the item(s) under this agreement.

Service and Support - Mod Kit endeavors to provide the best customer and technical telephone support in the industry. For end-user customers, Mod Kit promises that its support people will attempt to handle over email and other given support methods any problem involving Mod Kit products. However, Mod Kit support people may not be able to understand or resolve any given problem. Service offerings may vary from product to product. Mod Kit has no obligation to provide service or support until Mod Kit has received full payment for the product or service/support contract for which service or support is requested.

These terms and conditions are subject to change without prior written notice at any time, in Mod Kit sole discretion. If you have any questions or feel something needs to be added, please direct all inquiries to manager@modkit.com