- Use License.
Your use of this web site constitutes your agreement and acceptance without modification to the notices, terms and conditions set forth herein. In addition, as a condition of your use of this web site, you represent and warrant to Kennmex Electronic that you will not use this web site for any purpose that is unlawful, immoral or prohibited by these notices, terms and conditions. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this web site.
This web site and its contents are the copyrighted property of Kennmex Electronic. Nothing on this web site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any copyrighted property displayed on this web site, without the prior written permission of the copyright owner. Kennmex Electronic aggressively enforces its intellectual property rights to the fullest extent of the law.
The trademarks, service marks and logos (the "Trademarks") used and displayed on this web site are the registered Trademarks of Kennmex Electronic and others. Nothing on this web site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this web site, without the prior written permission of the Trademark owner. The name of Kennmex Electronic, the Kennmex Electronic logo or the other Kennmex Electronic formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this web site, without prior, written permission from Kennmex Electronic. Kennmex Electronic prohibits use of its Trademarks as part of a link to or from any web site unless establishment of such a link is approved in advance by Kennmex Electronic in writing. Fair use of Kennmex Electronic' Trademarks requires proper acknowledgment. Other product and company names mentioned in this web site may be the Trademarks of their respective owners.
- Links to Third Party Web Sites.
Kennmex Electronic does not maintain, is not responsible for the content of, and does not endorse, any of the web sites linked to the Kennmex Electronic web site. You access or connect to these linked web sites at your own risk. The content, accuracy and reliability of, and the opinions expressed and other links provided in, these non-Kennmex Electronic web sites are not investigated, verified, monitored or endorsed by Kennmex Electronic, and Kennmex Electronic disclaims any warranty, express or implied, with respect to the content, accuracy and reliability of such web sites.
YOUR USE OF AND BROWSING IN THIS WEB SITE ARE AT YOUR OWN RISK. EVERYTHING ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. KENNMEX ELECTRONIC SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. KENNMEX ELECTRONIC SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEB SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS WEB SITE. YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL KENNMEX ELECTRONIC, ITS AFFILIATES, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE, THE CONTENTS OF THIS WEB SITE, THE DELAY OR INABILITY TO USE THIS WEB SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. KENNMEX ELECTRONIC ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS WEB SITE.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
- Posting Information.
Portions of this web site may provide users an opportunity to post and exchange information, ideas and opinions ("Postings"). PLEASE BE ADVISED THAT KENNMEX ELECTRONIC DOES NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEB SITE, and Postings do not necessarily reflect the view of Kennmex Electronic. In no event shall Kennmex Electronic assume or have any responsibility or any liability for the Postings or for any claims, damages or losses resulting from their use and/or appearance on this web site.
Kennmex Electronic reserves the right to monitor all Postings and to remove any that it considers in its absolute discretion to be unlawful, offensive or otherwise in breach of these terms and conditions. You hereby authorize Kennmex Electronic to use and/or authorize others to use all or part of your Postings in any manner, format or medium that Kennmex Electronic or such other parties see fit. You shall have no claim or other recourse against Kennmex Electronic for infringement of any proprietary right in Postings.
Any communication or material you transmit to this web site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post becomes the property of Kennmex Electronic and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Kennmex Electronic is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this web site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and services using such information. Through your usage of this web site, you may submit and/or Kennmex Electronic may gather certain limited information about you and your web site usage. Kennmex Electronic is free to use such information for any purpose it deems appropriate, including, but not limited to, creating customized web pages and marketing purposes.
You agree that no joint venture, partnership, employment or agency relationship exists between you and Kennmex Electronic solely as a result of your use of this web site.
- Entire Agreement.
- If you are a party to a valid agreement with Kennmex Electronic (the “Agreement”), your use of this web site and its information, operations and functions are governed by the Agreement.
- Although no data transmission over the Internet can be guaranteed to be 100% secure, we will do our best to ensure the security of any client account information on our system and/or personal information you send to us via electronic mail through our web site. As a result, while we strive to protect all client account and personal information, Kennmex Electronic, its affiliates, agents and suppliers cannot ensure or warrant the security of any such information you transmit to us, and you do so at your own risk.
- Our web site uses a technology called "cookies" which may be used to provide you with tailored information. A “cookie” is a tiny element of data that a web site can send to your browser, which may then be stored on your hard drive so we can recognize you when you return. All pages on this web site where you are prompted to log-in or that are customizable require that you accept cookies. These cookies (a) will let us know who you are, and (b) are necessary to access any client account information (stored on our computers) in order to deliver personalized services to you. You may set your browser to notify you when you receive a cookie, however please note that by not accepting cookies from this web site you will limit the functionality we can provide when you visit our web site. Our web site may include links to the web sites of our business partners, suppliers and advertisers. Kennmex Electronic is not responsible for the content or the privacy practices employed by any third party.
- Kennmex Electronic does knowingly solicit information from children, and we do not knowingly market our products or services to children.
Business Terms and Conditions
- In General
The following terms and conditions for business apply to all accepted offers, tenders and contracts, as well as for all deliveries from Kennmex Electronic Corp.; they apply for all future business dealings between Kennmex Electronic Corp. and the ordering party. Other terms and conditions, particularly the ordering party's terms and conditions for business shall not apply, even when they have not be deliberately refused in any form or manner. By accepting goods, the ordering party shall forgo their terms and conditions of business, even if this calls for exclusivity A contract shall then be made, when a purchase order has been confirmed in writing by Kennmex Electronic Corp.. Verbal agreements or promises shall not be valid without written confirmation. Unless otherwise specified in these terms and conditions, the general delivery conditions for products and services of the electronic industry shall apply.
Kennmex Electronic Corp.'s prices shall be quoted as net prices ex works from OBERURSEL. Packaging shall cost extra, plus the legal VAT taxes if sold in the Federal Republic of Germany. In case no other arrangements have been made, the prices of products and services shall be the current valid prices charged on the day the products were shipped.
- Payment Terms
Cash on Delivery (COD), per invoice with payment one week after the invoice billing date without discounts or deductions. If the payment due date is exceeded, the ordering party shall be considered default in payment without dunning notice, and Kennmex Electronic Corp. shall have the right to charge late payment fines, with a minimum of 3% above the prime lending rate of the national German Treasury Bank. If the ordering party is default in payment, Kennmex Electronic Corp. shall furthermore have the right to demand payment of all outstanding invoices, irregardless of previously agreed to payment terms, or shall have the right to limit or renounce existing sales contracts with the ordering party, if it chooses to do so. The assertion of retention rights and the right to present charges by the ordering party for claims, which Kennmex Electronic Corp. does not recognize as legitimate, shall hereby be excluded.
Unless no other written agreements have been made, shipment shall be executed by Kennmex Electronic Corp., with a carrier of their choice, either through the postal system or as freight, at the expense and risk of the ordering party. Furthermore the ordering party shall assume the risk for shipments, should Kennmex Electronic Corp. decide to forgo freight charges.
- Delivery Period
Delivery periods and due dates shall be considered approximations and shall not be binding, unless otherwise explicitly agreed to in writing. In cases of force majeure or other circumstances that Kennmex Electronic Corp. cannot be held accountable for, such as disruption of operations, labor, energy or raw material shortages, strikes, embargoes, trade sanctions, or transportation difficulties, the delivery period shall be deferred for the length of time of the delay. The same conditions shall apply should the same circumstances apply to Kennmex Electronic Corp.'s suppliers. Should the delivery period last longer than one month, the ordering party shall have the right to withdraw from the sales contact, provided they have issued Kennmex Electronic Corp. an appropriate demand of delivery notice. In this case, the ordering party shall not have the right to make any claims against Kennmex Electronic Corp.. Claims or losses for unpunctual or improper delivery effected through the ordering party shall not be assumed by Kennmex Electronic Corp.. It shall be assumed that the ordering party shall acquire appropriate insurance coverage at their own cost. Should Kennmex Electronic Corp. suffer delays, which they cannot be held accountable for, they shall not be liable for damages based on negligence. In the case of deliberate intention or gross negligence, liability shall be limited to probable damages. Partial deliveries are allowed.
- Acceptance Delays
Should the ordering party refuse to accept whole or partial deliveries, they shall considered in default of the sales contract without notice, and shall assume all liability damage claims ensuing from this default, including transportation costs from Kennmex Electronic Corp.. In this case Kennmex Electronic Corp. shall have the choice to either present the actual amount of damage through loss in their claim or the right to demand a 30% fine of the total amount of the net amount sales contract, unless the ordering party is able to prove that Kennmex Electronic Corp. suffered no or marginal damage losses.
- Property Reservations
Delivered goods shall remain the property of Kennmex Electronic Corp. until they have been paid for in full, despite any business claims or additional claims of the ordering party. The ordering party does not have the right to pawn the unpaid delivered goods nor to use them as a payment security. Should the delivered unpaid goods be pawned or seized by force, the ordering party is obligated to issue notice of this to Kennmex Electronic Corp. immediately and in writing. Should the ordering party default on payment, Kennmex Electronic Corp. shall have the right to reclaim its property, and for this purpose, shall have the right to trespass the ordering party's property to enact this. The ordering party is entitled to incorporated unpaid delivered goods within the scope of a usual business merger to a third party for the creation of new goods. In this case Kennmex Electronic Corp. shall reserve the right claim proportional value ownership to the new product containing the unpaid delivered Kennmex Electronic Corp. goods, as according to §947 Section 1 of the German Civil Code. If the ordering party In the ordering party disposes of the integrated new product, for which Kennmex Electronic Corp. has proportional value ownership of, the ordering party is obligated to surrender the portion of the sales amount which corresponds to the value of Kennmex Electronic Corp.'s proportional ownership as securities, and empowers Kennmex Electronic Corp. to issue claims against the third party on the ordering party's behalf. Should the security values exceed the outstanding claims by 20%, Kennmex Electronic Corp. shall relinquish the securities at the request of the ordering party.
- Defective Goods Claims
For goods that receive physical damage during the transfer of risk period, the goods shall either be repaired or new goods shall be delivered at Kennmex Electronic's deliberation, so long the ordering party has immediately examined the delivered goods, and has immediately issued report of damages in writing. If the ordering party claims that they have received damaged goods, they may only be sent back to Kennmex Electronic Corp. upon demand. Kennmex Electronic Corp. guarantees their products against defects for the period on one year as of the delivery date. In addition to this, the ordering party may make use of any German codes or laws regulating defective goods claims. If, through examination, it becomes evident that evident damages are damages that cannot be claimed, Kennmex Electronic Corp. shall have the right to charge incurred costs for the examination and/or the ensuing repairs at the current valid service fee prices.
- Damages Liability
In the case of minor obligations negligence from Kennmex Electronic Corp. or from their contractual support parties, liability shall be excluded, as long as human injury is not involved.
- Return Shipment
Should Kennmex Electronic Corp. specifically agree to accept the return of new or newly valued goods, 20% of the total invoice value shall be charged to cover costs incurred for packaging, goods examinations, and repacking with new materials for protection of the goods for the ensuing client. Customized manufactured goods may not be returned.
The ordering party may not subrogate their contractual claims without Kennmex Electronic Corp.'s explicit permission.
- Partial Contractual Invalidity
Should any sentence or clause of these business terms and conditions become invalidated, so shall the remainder of the business terms and conditions remain intact. In place of the invalidated sentence or clause the common standard business practice or prevailing laws pertaining to the respective invalidated sentence or clause that is applicable or approximates it.
- Place of Execution – Jurisdiction
The valid place of execution for all of the obligations and rights resulting from this contractual situation is Oberursel (Taunus), Germany. The place of jurisdiction for all parties shall be Oberursel (Taunus), Germany. This shall apply for all claims regarding certificates, deeds, drafts checks, and dunning notices.