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Terms & Conditions – Kalm Services (UK) Limited
You are viewing the Terms and Conditions for www.kalmservices.com and
all their subsidiary companies and Kalm Services (UK) Limited. The services
available at www.kalmservices.com and all their subsidiary companies and at
Kalm Services (UK) Limited stores, distribution centre's and wholesale
outlets are provided by Kalm Services (UK) Ltd. Registered office:
Walterson House, 28 Green Lane, Ashford, Kent, TN23 5YE.
Registration No. 06024979
These Terms and Conditions are applicable to your use of the services
available under the domain at
www.kalmservices.com, www.wholesaleplanes.co.uk, www.avia-richmodel.eu
or www.fivestarmodellingsupplies.co.uk
and at Kalm Services (UK) Limited stores, distribution centre's and
wholesale outlets in Europe and the United Kingdom.
If you do not agree to be bound by these Terms and
Conditions, you may not use or access those services. Please read these
Terms and Conditions carefully.
DEFINITIONS
The following definitions apply to words and phrases used in these Terms
and Conditions.
'Kalm Services (UK) Limited' means Kalm Services (UK) Limited, Directors
of the company or any associated or connected body with the business of
the Company.
‘www.kalmservices.com and all their subsidiary companies’ means any website
or domain registered in the name of the Directors or Kalm Services (UK)
Limited.
'the Purchaser' means any person entering into a contract for the
purchase or hire from Kalm Services (UK) Limited of any Equipment,
service or hire agreement whether via www.kalmservices.com any of their
subsidiary companies websites or at Kalm Services (UK) Limited stores.
'the Equipment' means the any item, product, service or hire arrangement
supplied by Kalm Services (UK) Limited to the Purchaser.
'Ex Factory' means
the title to goods
passes to the buyer when they leave any premises belonging to Kalm
Services (UK) Ltd or any of their vendors and consequently at that point
the liability for loss or damage and the expenses of shipment also pass
from vendor to buyer.
‘the Returns Authorisation Number’ means a number provided by the
Services Department for the return of Equipment by the Purchaser.
'ARTF' or 'ARF' means
a
reduced size model assembly kit that is partially prepared. The kit
requires some construction skill to complete and may require some
alteration and adjustment to achieve completion. Manufacturer’s
liability ceases at the commencement of construction and no guarantees
are offered or implied regarding construction or flight. Other
components are usually required in addition to the supplied product.
The buyer accepts these liabilities by beginning construction of the
kit.
‘RTF’ means a reduced size model ready to fly without need for any
construction. The manufacturer guarantees flight, performance and
building standards subject to pilot’s experience.
Compliant Product means a
product manufactured, tooled to a defined standard with defined
usability by the end user.
GENERAL
Kalm Services (UK) Limited may amend these Terms and Conditions at any
time by giving you notice (“Notice”) either by email or by posting
amended Terms and Conditions on the website. New and existing
Purchaser’s will be bound by any amended Terms and Conditions after the
expiry of twenty four hours following the date and time of a Notice.
These are the Standard Terms and Conditions of supply of Kalm Services
(UK) Limited which shall govern all contracts for the sale, supply or
hire of Equipment by Kalm Services (UK) Limited to the Purchaser. Any
quotation or other communication sent by Kalm Services (UK) Limited to
the Purchaser shall be deemed to be an invitation to treat only. The
Purchaser's purchase orders shall constitute offers to buy or hire only
and the contract between Kalm Services (UK) Limited and the purchaser
shall come into effect upon Kalm Services UK Limited’s acceptance,
whether upon Kalm Services (UK) Limited’s formal acknowledgements of
order or otherwise, of the Purchaser's order.
Any written order or other communication of any kind from the Purchaser
containing any terms and/or conditions inconsistent with these Terms and
Conditions shall not be accepted by Kalm Services (UK) Limited to the
extent of such inconsistency and such inconsistent terms and/or
conditions shall be deemed to be severable and shall be severed from the
order or communication without otherwise affecting the validity thereof
and any subsequent acceptance on these Terms and Conditions shall not
constitute a counter offer. Acceptance of the Equipment by the Purchaser
shall constitute acceptance by it of these Terms and Conditions.
No employee, servant or agent of Kalm Services (UK) Limited has
authority to vary these Terms and Conditions orally and no variation of
these Terms and Conditions shall be effective or binding on Kalm
Services (UK) Limited unless made in writing or signed on behalf of Kalm
Services (UK) Limited by a director or other authorised signatory of the
company.
GOODS IN TRANSIT
All goods sold to the
purchaser are sold strictly 'Ex Factory', at the point of sale the
liability for loss or damage and the expenses of shipment also pass from
vendor to buyer. Any loss or damage incurred during
transit is the responsibility of the Purchaser and all investigation of
the loss or damage is between the Purchaser and the Purchasers chosen
delivery agent.
At the point of sale the
Purchaser will be asked which delivery service is preferred and should
the purchaser not have arranged a delivery agent one may be suggested on
their behalf. Kalm Services (UK) Ltd may remain responsible for
the booking of the chosen transit agent and the transfer of payment to
that agent at the request of the Purchaser. This service is
conducted on behalf of the Purchaser and is agreed at the point of sale.
Terms and conditions of
each delivery agent may be obtained directly from the delivery agents
head office.
LATE DELIVERY
Whilst Kalm Services (UK) Limited will use its reasonable endeavors to
arrange a delivery agent in accordance with the Purchaser’s requirements
the company will not be liable for any consequences of late delivery
howsoever caused.
DELIVERY
The sale is termed “Ex-factory”.
Each
delivery constitutes a separate contract between the courier and the
Purchaser.
All liabilities regarding the
Equipment become the responsibility of the Purchaser immediately at the
point of sale regardless of payment terms.
Kalm Services (UK) Limited shall deliver or produce delivery of the
Equipment as instructed by the Purchaser on behalf of the Purchaser to the address specified in the
Purchaser's order. Unless otherwise expressly agreed in writing the
price of the Equipment excludes all costs of packing and delivery which
are charged to the Purchaser in addition to the price of the Equipment.
The Purchaser shall arrange for insurance of the Equipment during
transit and shall bear the costs thereof.
Kalm Services (UK) Ltd are not
responsible for any damage incurred during transit.
Kalm Services (UK) Limited will use all reasonable endeavours to effect
delivery of the Equipment via the Purchasers chosen delivery agent by any delivery date requested by the
Purchaser in writing, in any order, but time of delivery shall not be of
the essence of any contract and Kalm Services (UK) Limited shall not be
liable for any failure to effect delivery on or by such date or otherwise.
Kalm Services (UK) Limited reserves the right to suspend all deliveries
to the Purchaser and/or terminate any contract for the supply of
equipment to the Purchaser without liability in the event of any breach
by the Purchaser of these Terms and Conditions.
SHORTAGES
Retail Purchase: The Purchaser shall examine the Equipment immediately
on receipt. Kalm Services (UK) Limited reserves the right to reject
claims in respect of shortages unless the same are submitted in writing
to the company at its Premises within 7 (seven) days after delivery of
the goods or in the case of non-delivery, 7(seven) days after the due
date for delivery.
Wholesale Purchase: The Purchaser shall examine the Equipment
immediately on receipt and report any damage or deficiency within 48 hrs
or receipt. Kalm Services (UK) Limited reserves the right to reject
claims in respect of shortages unless the same are submitted in writing
to the Company at its Premises within 7 (seven) days after delivery of
the goods or in the case of non-delivery, 7(seven) days after the due
date for delivery.
Used Products, End of Line and Job Lots: The Purchaser or the Purchasers
representative shall examine the Equipment immediately on receipt and
define any discrepancies there found in the presence of the Kalm
Services (UK) Limited representative. Kalm Services (UK) Limited will
reject all claims in respect of shortages or damage in transit or
non-delivery thereafter. These products are identified as being
“sold as seen” and thereafter the product belongs wholly to the Purchaser in
title and ownership.
PRICE & PAYMENT
The invoice price of the Equipment shall be the price specified in any
quotation or acceptance of order and shall be exclusive of VAT or any
other similar sales or purchase tax or customs duties payable or to be
accounted for by Kalm Services (UK) Limited in relation to the sale and
supply of the Equipment to the Purchaser, which shall be charged in
addition at the rate in force at the date of Kalm Services (UK)
Limited's invoice to the Purchaser.
Kalm Services (UK) Limited reserves the right to raise invoices either
in the currency of the contract concerned or in that Purchaser’s
national currency. Payment of Kalm Services (UK) Limited’s invoices
must be made in the currency shown on them.
All Kalm
Services (UK)
Limited invoices are due for payment within the time shown on the
invoice concerned. Invoices may be sent by first class post and/or by
email to the Purchaser’s address supplied to Kalm Services (UK) Limited.
CREDIT CARD CHARGES
There
are no credit card charges.
BANKING AGENTS
Agents such as PayPal
incur a surcharge of 4.99% of the total invoice. The surcharge
must be covered by the Purchaser at the point of sale. Proof of
money exchange must be provided prior to goods being dispatched.
WHOLESALE CUSTOMERS
Payment shall be made in full at the time of placing an order by the
Purchaser.
On subsequent repeat orders subject to the Purchaser’s good credit
rating, payment must be made within the time agreed (not exceeding 30
(thirty) days) of the date of Kalm Services (UK) Limited's invoice.
Without prejudice to its other rights hereunder in connection with late
payment Kalm Services (UK) Limited shall be entitled to charge interest
on overdue accounts at the rate of 5.5% above the base rate of HSBC Bank
per month, such interest to accrue at a daily rate from the due date
until payment.
IMPORT CUSTOMERS
Payment shall be made in full at the time of placing an order by the
Purchaser.
KALM SERVICES (UK) LIMITED STORES
Where Equipment is purchased via Kalm Services (UK) Limited stores then
immediate payment is required without exception.
TITLE
Until all payments due from the Purchaser to Kalm Services (UK) Limited
for the supply of Equipment have been received in full the Purchaser
shall hold the Equipment in a fiduciary capacity as bailee for Kalm
Services (UK) Limited and:
Legal and beneficial title to the Equipment shall remain with Kalm
Services (UK) Limited and the Purchaser shall hold the Equipment in such
a way that it can be clearly identified as the property of Kalm Services
(UK) Limited. Kalm Services (UK) Limited reserves the right to dispose
of the Equipment and may retake possession at any time and for that
purpose may by its servants or agent’s enter upon any land or premises
occupied by the Purchaser. Without prejudice to the foregoing the
Purchaser shall be entitled to use the Equipment in the normal course of
business provided that any monies so received for its use shall be held
separately in an account opened for such purpose and designated as being
held on behalf of Kalm Services (UK) Limited to whom the Purchaser shall
have a fiduciary duty to account to the extent of its indebtedness. Such
account shall not be permitted to be overdrawn and the monies therein
shall not be charged by the Purchaser to secure any liability of the
Purchaser.
EQUIPMENT
The Purchasers accepts responsibility to ensure all Equipment is kept in
a serviceable and compliant/upgraded condition and servicing is
continued at the Purchaser’s cost regularly throughout the remainder of
the Equipments life.
The Purchaser’s acknowledge that Kalm Services (UK) Limited have no
obligation or duty to notify Purchasers of the changing health and
safety standards or the necessity to alter or replace components to
maintain compliance with current guidelines. No warranty or guarantee
is implied with the sale of any Equipment and no refunds will be given
for incorrect orders once an order has been accepted by Kalm Services
(UK) Limited. The Purchaser must raise all questions relating to their
purchase and the Equipment with Kalm Services (UK) Limited and agree all
costs prior to ordering the Equipment.
LIMITATION OF LIABILITY
If Kalm Services (UK) Limited receives notice from the Purchaser of any
breach of the warranty then Kalm Services (UK) Limited will at its own
expense and within a reasonable time after receiving such notice at its
discretion either repair or remedy the defect or error in question,
replace the Equipment or such part as is defective or refund to the
Purchaser the price paid for the Equipment, provided that Kalm Services
(UK) Limited shall have no liability or obligation under the warranty
unless Kalm Services (UK) Limited receives notice in writing from the
Purchaser of the breach of warranty within three working days of the
breach. The Purchaser will at its own cost return the defective
Equipment to Kalm Services (UK) Limited's Premises for either repair or
component replacement. Kalm Services (UK) Limited will at its cost
deliver the repaired or replacement Equipment to the Purchaser's
premises. In the event the Equipment is being used and is of a
repairable nature repairs may be conducted onsite. Kalm Services (UK)
Limited will not be responsible for anything greater than the price paid
for the Equipment.
The warranty above is given by Kalm Services (UK) Limited subject to the
following conditions:
Kalm Services (UK) Limited shall be under no liability in respect of’
any defects in the Equipment arising from fair wear and tear, willful
damage, accident, negligence, abnormal working conditions or
environmental working conditions, failure to follow Kalm Services (UK)
Limited's or the manufacturers instructions (whether oral or in writing)
or misuse or modification of the Equipment or Software without Kalm
Services (UK) Limited's approval.
Kalm Services (UK) Limited shall be under no liability if equipment is
deemed to be used or acquired from a source other than a Kalm Services
(UK) Limited outlet or website. The Purchasers accepts responsibility
to ensure all Equipment is kept in a serviceable and compliant/upgraded
condition at the Purchaser’s cost and servicing is continued regularly
throughout the remainder of the Equipments life.
Except as expressly stated in these terms and conditions Kalm Services
(UK) Limited makes no warranty that the Equipment will be fit or
suitable for any particular purpose for which it is required by the
Purchaser even where the Purchaser has made such purpose known to Kalm
Services (UK) Limited.
Except as expressly stated in these Terms and conditions all warranties,
conditions, terms, undertakings and obligations expressed or implied by
statute, common law, custom, trade usage, course of dealing or otherwise
are hereby excluded to the fullest extent permitted by law.
Kalm Services (UK) Limited shall not be liable to the Purchaser whether
for breach of contract, breach of statutory duty, breach of any duty at
common law or otherwise for any indirect, special or consequential loss
or damage (whether for loss of profit or otherwise) whether caused by
the negligence of Kalm Services (UK) Limited, its employees or agents or
otherwise incurred by the Purchaser arising out of or in connection with
the design, manufacture, supply or use of the Equipment.
In respect of equipment purchased for
the purpose of construction such as a product sold as ARTF or ARF or
products in component format. Kalm Services (UK) Limited shall not be
liable in any respect and the Purchaser understands that the
product requires some construction skill to complete and may require
some alteration and adjustment to achieve completion and final use.
Manufacturer’s liability ceases at the commencement of construction and
no guarantees are offered or implied regardless of nature. Other
components are usually required in addition to the supplied product.
The buyer accepts these liabilities by commencing construction of the
product.
Kalm Services (UK) Limited shall use all reasonable endeavors to assign
to the Purchaser the benefit of any guarantee, condition or warranty
which may expressly or by implication have been given to Kalm Services
(UK) Limited by the manufacturer or any other supplier of the Equipment
to the extent to which the same may be capable of assignment. The
Purchaser agrees to complete and return to the manufacturer or other
supplier of the Equipment such registration card or other documentation
as the manufacturer or other supplier may require in order to gain the
benefit of such guarantee, condition or warranty.
Kalm Services (UK) Limited shall not be liable to the Purchaser for any
claims, liabilities, damages, losses or expenses incurred by the
Purchaser resulting from any negligence on the part of Kalm Services
(UK) Limited or its employees or agents in connection with the design,
manufacture, supply or use of the Equipment except where such negligence
results in death or personal injury or where such negligence results in
damage to property (where Kalm Services (UK) Limited's liability will be
limited to £1,000,000 per incident).
Neither Kalm Services (UK) Limited nor any of our employees, or agents
give any guarantee that the Equipment, services and access to them will
be continuous, uninterrupted or secure nor that the operation of the
website will not be interfered with by circumstances outside our
control. The website, Equipment and our services are provided “as
is” and as and when available, and to the extent permissible by law Kalm
Services (UK) Limited exclude all implied warranties, conditions or
other terms, whether implied by statute or otherwise, including without
limitation any terms as to skill and care or timeliness of performance.
Neither Kalm Services (UK) Limited nor any of our employees, or agents
will be liable for any economic losses (including without limitation,
loss of revenues, profits, contracts, business or anticipated savings),
any loss of goodwill or reputation, or any special indirect or
consequential damages (however arising, including negligence) arising
out of or in connection with our Equipment and or services or the
website.
Kalm Services (UK) Limited’s liability to the Purchaser or any third
party, and the liability of our employees and agents shall in all
circumstance be limited to the gross price of the Equipment (only) paid
to Kalm Services (UK) Limited.
In the event that you have any right, claim or action against any other
Purchaser arising from that Purchaser’s use of the website, you agree to
pursue such a right, claim or action independently of and without
recourse to Kalm Services (UK) Limited, and you release Kalm Services
(UK) Limited (and our employees and agents) from all claims, liability,
damages, losses, costs and expenses, including legal fees, arising from
or in any way connected with such right, claim or action.
INDEMNITY
You agree to indemnify Kalm Services (UK) Limited and our employees and
agents fully and effectively against any claim, costs or demand,
including legal fees, made by any third party due to or arising out of
the Purchaser's breach of these Terms and Conditions.
RETURNS AUTHORISATION PROCEDURE
Any equipment returned to Kalm Services (UK) Limited by a Purchaser must
have a Returns Authorisation Number regardless of the reason for its
return. Kalm Services (UK) Limited shall reject any delivery of returned
goods which does not have a valid Returns Authorisation Number.
To obtain a Returns Authorisation Number the Purchaser shall contact the
Services Department of Kalm Services (UK) Limited which in the first
instance will try to resolve the relevant query over the telephone and
will require the following information:
·
Equipment make and type
·
Serial Number
·
Full description of the problem
·
Kalm Services (UK) Limited Invoice number.
In the event of the Services Department being unsuccessful in resolving
the query they will then issue a Returns Authorisation Number. When
returning Equipment the Purchaser shall ensure that the Returns
Authorisation Number is clearly marked on the outside of the packaging.
Equipment can only be returned in approved suppliers packaging. Failure
to comply with this may void any warranty. Dispatch of the goods to
Kalm Services (UK) Limited is the Purchaser’s responsibility.
For Equipment returned to the Purchaser under warranty the Purchaser
will not incur shipping charges for the return of the Equipment to the
Purchaser if delivery is within UK mainland only.
For Equipment to be returned to the Purchaser outside of UK mainland and
or without warranty the Purchaser shall incur shipping charges to be
paid prior to delivery.
Returns without cause, not found to be faulty or found necessary for
Kalm Services (UK) Ltd to have to replace the original packaging are
subject to a 20% restocking charge.
Chargeable repairs must be paid by the Purchaser before release/dispatch
of the Equipment from Kalm Services (UK) Limited unless it is previously
agreed in writing to charge it to the Purchaser’s account.
RETURNED EQUIPMENT FOR CREDIT
Any items returned for credit must have prior authorisation from the
Services Department of Kalm Services (UK) Limited. Failure to have
authorisation will result in Kalm Services (UK) Limited refusing to
accept delivery. No one other than the Service Department is permitted
to give such authorisation.
EXPORT OUTSIDE THE UNITED KINGDOM
Where the Purchaser intends to export the Equipment outside the United
Kingdom, the Purchaser undertakes to make any necessary application and
obtain any United Kingdom Export License and any import licence to any
country outside the United Kingdom required in respect of the Equipment.
The Purchaser hereby undertakes that it will make any necessary
application for and will obtain any necessary authorisation, re-export
licenses required under any state laws or regulation in respect of the
export of the goods to any country outside the United Kingdom.
DATA PROTECTION
Personal data shall
only be recorded and processed if the purchaser passes on such
information voluntarily within the context of the order or when opening
a sales account. Without the express consent of the purchaser Kalm
Services (UK) Ltd shall only use the data provided by the purchaser to
fulfil and process the order. After complete processing of the order and
payment in full of the purchase price the purchaser's data shall be
blocked for all further purposes and deleted on expiry of tax and
commercial law requirements provided that further use of the data was
expressly not consented to.
TERMINATION
Kalm Services (UK) Limited may by notice to the Purchaser cancel all or
any part of any contract or order forthwith in the event that the
Purchaser is in breach of any of these Terms and Conditions or the
Purchaser (if an individual) becomes bankrupt or makes any composition
or arrangement with his creditors or (being a company) goes into
liquidation, either voluntarily or compulsorily, has a receiver or
administrative receiver appointed over all or any part of its assets or
undertaking, becomes subject to an administration order or makes or see
Kalm Services (UK) Limited to make any composition or arrangement with
its creditors or proposes any voluntary arrangement under section 1 of
the Insolvency Act 1986.
Termination of any contract in any manner whatsoever shall be without
prejudice to the rights of Kalm Services (UK) Limited accrued as at the
date of such termination.
FORCE MAJEURE
Neither of the parties shall be liable to the other in respect of any
claim arising under any contract where the same arises by reason of any
act or cause beyond the reasonable control of such party.
WAIVER OF BREACH
Kalm Services (UK) Limited shall not be prejudiced or restricted in any
way by any indulgence or forbearance extended to the Purchaser and no
waiver by Kalm Services (UK) Limited in respect of any breach by the
Purchaser shall operate as a waiver in respect of any subsequent breach.
ASSIGNMENT
Any contract between Kalm Services (UK) Limited and the Purchaser is
personal to the Purchaser and shall not be capable of assignment by the
Purchaser to any third party without the prior written consent of Kalm
Services (UK) Limited.
ENTIRE AGREEMENT
These Terms and Conditions shall constitute the entire agreement between
Kalm Services (UK) Limited and the Purchaser. All previous terms and
conditions of Kalm Services (UK) Limited are hereby superseded and
excluded from any contract unless expressly agreed in writing by Kalm
Services (UK) Limited
GOVERNING LAW
These Terms and Conditions and any contract between Kalm Services (UK)
Limited and the Purchaser incorporating the same shall be governed by
and construed exclusively in accordance with English law and the parties
hereby agree to submit any dispute arising therefrom to the exclusive
jurisdiction of the English Courts.
FINALLY - A SHORT
WORD FROM THE DIRECTORATE
These terms and conditions have been provided for the mutual benefit of
both parties (buyer and seller) and we feel duty bound to ensure every
aspect of your purchasing experience is covered in full. As with
all printed terms and condition they do become a little tedious and
repetitive in places but we sincerely feel every word is of value to all
concerned. However, if in the event you feel you are unable to agree to be bound by these Terms and
Conditions, you may not use or access those services identified above.
Your notice of agreement starts 'only' when you
push the 'buy' button. So do have a good browse around our website
before you decide.
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