STANDARD TERMS AND CONDITIONS OF SALE AND SERVICES
1. Definitions
“Seller” means KI Solutions / Kuster Induction Solutions LLC.
“Buyer” means the customer placing an order or engaging consulting services.
“Goods” means induction heating systems, equipment, parts, or accessories supplied by Seller.
“Services” means consulting, design, or engineering work performed by Seller.
2. Quotations & Orders
All quotations are valid for 30 days unless otherwise stated.
Orders are binding only when confirmed in writing by Seller.
Any terms proposed by Buyer are expressly rejected unless accepted in writing by Seller.
3. Prices & Payment Terms
All prices are in U.S. Dollars (USD $).
Standard payment terms: 40% down payment with order, balance Net 30 days from invoice date.
Late payments may incur interest at the maximum rate permitted by law, plus costs of collection.
4. Delivery & Risk of Loss
Delivery is FCA San Antonio, Texas, USA (Incoterms® 2020) unless otherwise agreed.
Title and risk of loss pass to Buyer upon delivery to carrier.
Shipping dates are estimates only; Seller shall not be liable for delays outside its control.
5. Scope of Supply and Exclusions
Unless expressly agreed in writing, Seller’s supply does not include:
Consumables such as induction heating coils
Commissioning or installation services
Water flow switches and auxiliary components
Consulting services are advisory in nature; Buyer is responsible for implementation and operational safety.
6. Warranty
Ambrell Equipment: Seller warrants that new Ambrell equipment will be free from defects for 24 months from delivery.
Accessories & third-party goods: Covered by the original manufacturer’s warranty, typically 12 months.
Services: Seller warrants services will be performed with reasonable skill and care but does not guarantee specific results.
Warranty excludes misuse, improper installation, modifications by Buyer, or normal wear and tear.
Warranty specifically excludes consumables, i.e. induction heating coils and water flow switches.
7. Returns & Cancellations
Goods may not be returned without prior written authorization (RMA).
Authorized returns may be subject to inspection and restocking fees.
Consulting services already rendered are non-refundable.
8. Limitation of Liability
Seller’s liability shall not exceed the amount paid for the specific Goods or Services giving rise to the claim.
Seller shall not be liable for indirect, consequential, or special damages including lost profits, downtime, or production losses.
9. Intellectual Property
All designs, drawings, software, and technical information remain the property of Seller unless otherwise agreed.
Buyer shall not copy, reproduce, or disclose Seller’s proprietary information without prior written consent.
10. Confidentiality
Both parties agree to maintain confidentiality of any proprietary or sensitive information shared during the business relationship.
11. Governing Law & Disputes
These Terms shall be governed by the laws of the State of Texas, USA.
Any disputes shall be resolved in the courts of Bexar County, Texas.
12. Force Majeure
Seller shall not be liable for non-performance caused by events beyond its reasonable control, including supply chain disruptions, strikes, natural disasters, or government actions.