KONE Elevators – On-line sale Terms and Conditions
Please read the following Terms and Conditions carefully before placing an order.
These Terms and Conditions of on-line sale apply to all orders or requests for service placed via KONE.com web site and cover the installation, commissioning, maintenance or repair of these products or services by KONE Elevators Australia Pty Ltd (“the Company”), unless otherwise expressly altered in writing by the Company.
It is expressly acknowledged and agreed that unless the Customer has another valid agreement with the Company which applies to the specific product or service purchased on-line from the Company the following Terms and Conditions will be binding and any Term or Condition, whether contained in Purchase Orders, or otherwise issued by the Buyer which conflicts with or purports to vary or modify these Terms and Conditions, shall have no effect whatsoever and will not be binding on the Company.
By choosing the “Submit” or “Place Order” options you agree to the Terms and Conditions contained herein and if accepting on the behalf of a company or other legal entity warrant that you have full authority to bind said company or legal entity to these Terms and Conditions.
The Company reserves the right to limit the maximum price, number, weight or delivery area of online purchases and shall notify the Customer if an order is received that is above the maximum price, number or weight, or outside a delivery area currently serviced by the Company.
KONE does not make any warranties or representations regarding the fitness for a specific purpose of any product or service purchased from this site and accepts no liability for any inaccuracies or omissions. Any decisions made based on the information contained in this site is at your sole responsibility.
Should the customer require advice on the suitability of a product or service for a specific application they should contact a KONE representative by phoning 1300 362 022 and request a site or technical assessment and quotation.
Once an order is received it can not be cancelled. At the Company’s sole discretion goods may be returned for exchange or refund provided they are in merchantable condition, for purchases that include installation that can not be completed due to site conditions or technical requirements all costs incurred will be payable by the customer.
Stated response times or lead times for the supply of goods or services are subject to availability and the Company’s capacity restraints at the time of order. The Company will have no liability if due to capacity restraints a specific response or lead time can not be met. The Company reserves the right to allocate a relative priority to each order, even if such priority results in the Company not providing the goods or services in a specified time frame. Where the quoted value of a service is related to a specific response time the Company shall only invoice for the applicable rate for the actual response time provided.
The Company reserves the right to withdraw, revise or otherwise alter any aspect of a product or service, including the price at any time.
KONE is required by law to collect any GST applicable.
Unless stated to the contrary as part of the online acceptance process, payment terms are strictly C/O/D.
Ownership and property in the goods delivered, remains the property of the Company, until the Company has received payment in full of all money due in accordance with the conditions stipulated.
The Company is under no obligation to insure the goods after delivery of the goods to the purchaser.
Our free-of-defects warranty is 12 months for parts and 3 months for labour where we have installed and commissioned, and covers only the cost of replacement or repair of defective parts. Our warranty does not cover abnormal and improper use, fair wear and tear, neglect, vandalism or the work and parts supplied by others. All care, but no responsibility is taken in the handling of existing glass.
The Company’s liability for any loss, damage or delay arising from any act, default or omission, negligent or otherwise, in the performance and completion of the Contract by the Company is limited to liability, arising out of equipment supplied by the Company, for physical damage or injury to any person and damage to property which is the natural immediate and foreseeable result of such act, default or omission and in no case shall the Company be liable for any consequential damages, loss of rent or profits, labour charges or expenses or for claims made against the Customer by any other person or for any loss, damage or delay.
Unless otherwise agreed in writing, all modifications, civil and building works, cabling and wiring runs, foundations, footings electrical power to the equipment, connection to alarm or access control systems are excluded from the Company’s scope of work.
Provision for supporting the equipment is to be made by the customer. Any security or hoarding required shall be supplied by the customer. The customer indemnifies the Company for any loss or damage to equipment, property or persons during the installation and commissioning of the equipment caused or contributed to by the failure of the purchaser to provide any or sufficient supporting equipment, security or hoarding.
Where installation is included the purchase price has allowed for visits to the site for installation and commissioning only. All other visits are chargeable.
Unless otherwise stated, all work is to be carried out during the Company’s normal working hours, Monday to Friday, excluding public holidays. The Company may use contractors to perform its obligations for any of the services. The customer will provide the Company uninterrupted access to allow the Company to perform its obligations under this Contract.
All equipment and labour will be provided as specified. Any changes or additional requirements requested by the client will constitute a variation, and will be carried out at an agreed additional charge. Web site values quoted for door service requests include travel time to sites in metropolitan areas only, assessment of the fault reported and minor repairs or adjustments that can be undertaken by a single technician. Should a second Technician, parts of any description, adjustments requiring the removal of components, specialist lifting equipment, or specialised equipment for working at heights such as scissor lifts be required, it will constitute a variation and work will be carried out at an agreed additional charge.
After the date of practical completion/commissioning, all responsibility as to the visual markings or labels applied to the equipment and the safe operation of the equipment is borne by the customer.
The Company will limit responsibility only to equipment supplied by the Company, and not to any other associated equipment supplied by others.
Unless otherwise agreed, it is the Buyer’s responsibility to obtain all necessary authorisations or approvals from any Government body or Statutory authority, as the Company will not be held responsible for compliance to any statutory authorities, or the Building Code of Australia.
If the supply of goods and/or services by the Company is a supply of goods or services to a consumer as defined in the Trades Practices Act 1974 nothing contained in this Contract excludes, restricts or modifies any condition warranty right or remedy which pursuant to the Act applies to this Contract or is conferred on the customer provided that to the extent the Act permits the Company to limit its liability for a breach of a condition or warranty implied by the Act then the Company’s liability for such breach shall be limited to; in the case of goods supplied, the payment of the cost of replacing the goods or acquiring equivalent goods; and in the case of services supplied, the payment of the cost of having the service supplied again.