KemPulse Terms and Conditions
These Terms and Conditions, together with any other documents referred to in them (collectively, the “Agreement”) are a contract between KemPulse and the customer identified in the Agreement (“you” or “your”). This Agreement governs your purchase and use of KemPulse products and services. By ordering, using, or receiving KemPulse products and services, you agree to be bound by the terms of this Agreement.
1. Acceptance of Terms
By ordering and/or using KemPulse products and services, you agree to the following Terms and Conditions. This Agreement constitutes the entire agreement between you and KemPulse, and supersedes all prior agreements, representations, and understandings.
2. Products and Services
KemPulse provides products and services to you as described in the Agreement. KemPulse reserves the right to modify or discontinue any of its products and services at any time.
3. Pricing and Payment
You agree to pay the prices and fees for KemPulse products and services as described in the Agreement. Payment terms are as agreed to between you and KemPulse.
4. Delivery
KemPulse will deliver the products and services as described in the Agreement. Delivery of the products and services may be subject to additional terms and conditions.
5. Warranty
KemPulse warrants that its products and services will meet the specifications contained in the Agreement. If any product or service does not meet the specifications, KemPulse will, at its option, either replace or refund the purchase price.
6. International Terms
For international orders, you agree to comply with all applicable laws and regulations. You agree to pay all applicable taxes, duties, and fees. You are solely responsible for any customs or other import related fees and taxes. You are responsible for obtaining any necessary export licenses or permits. You are responsible for complying with all other applicable international laws, regulations, and standards.
7. Limitation of Liability
KemPulse’s total liability to you in connection with the products and services provided under this Agreement is limited to the total amount paid by you for the products and services. KemPulse shall not be liable for any indirect, special, or consequential damages, including but not limited to loss of profits, loss of data, or lost business opportunities.
8. Dispute Resolution
Any disputes arising out of or related to this Agreement shall be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in a venue mutually agreed upon by the parties.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law rules.
10. Miscellaneous
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed to the extent necessary to make it enforceable, and the remainder of this Agreement shall remain in full force and effect. No delay or failure to enforce any provision of this Agreement shall be deemed a waiver of such provision. This Agreement may not be assigned by you without the prior written consent of KemPulse.