KFAS: Fanuc/ GE Fanuc CNC Parts, Service and Repair

K Factory Automation Services	www.kfasllc.com
4145 Gessner Road, STE B-109, Houston, TX 77080
		Paypal
The products listed herein are controlled commodities subject to COCOM EXPORT REGULATIONS. Diverting, transshipping, or re-exporting any controlled commodities to another destination except with explicit approval of the department of commerce, the department of states, the department of treasury, or other government authorities, as appropriate, is prohibited and subject to punishment of fine and imprisonment, as well as cancellation of all contracts and services of K Factory Automation Services.




Terms and Conditions of Sales
1. Acceptance/Return. All orders for products are subject to acceptance by KFAS in Texas. Buyer shall not return any product actually delivered to Buyer without the consent and receipt of a Return Authorization from KFAS, and then only in accordance with KFAS's return policy as KFAS may establish, amend and have in effect from time-to-time in KFAS's sole discretion. Under the current return policy the Buyer will receive credit (in lieu of refund) for returnable products returned unused to KFAS within 10 days of purchase, less the shipping costs and a restocking fee (25% currently and subject to change without notice). Return shipping costs are the sole responsibility of the Buyer. Some products including fuses, batteries are not returnable.
2. Price/Payment. Prices are those in effect at the time of order entry. Prices are subject to change by KFAS without notice. Unless otherwise specified, all prices are F.O.B KFAS's facility. Prices exclude freight, insurance, duties, handling charges and all taxes of any form whatsoever ("Additional Charges"). If applicable, Additional Charges will be added to the invoice or be invoiced as a seperate charge to be paid by buyer. Payment terms are C.O.D. unless otherwise specified on the front hereof or by KFAS at the time of order placement. After thirty(30) days, late charges will be assessed at the lower of one percent (1%) per month or the highest rate permitted by law. KFAS reserve the right at any time to revoke any credit extended to Buyer because of Buyer's failure to pay for any Products when due or for any reason deemed good and sufficient by KFAS. KFAS may, at its option, make no sale of any products to Buyer on open account, or in any manner, if any time, the financial responsibility of Buyer becomes impaired or un satisfactory in the discretion of KFAS, or if, at the time of such sale or shipment, Buyer is delinquent in the payment any account to KFAS.
3. Delivery/Freight/Export Control. All delivery dates are approximate and based upon the prompt receipt of all necessary information from Buyer. Unless otherwise instructed, KFAS will ship products to buyer via Uinted Parcel Servicec (UPS) delivery or similar carrier, F.O.B. KFAS's facility. Risk of loss shall pass to Buyer at the F.O.B. point. Notwithstanding the provisions of contained in these "Terms and Conditions of Sale" to the contrary, KFAS shall not be responsible or liable for any loss or damage whatsoever, including the loss of income and/or profits, incidential, special or consequential damages resulting from KFAS's delayed performance in shipment of delivery of the products for any reason whatsoever. Buyer agrees to comply with export control laws and regulations of the United States with respect to Buyer's own use, resale or other disposition of any products, or other products, services, software, technical data and information whether or not purchased or supplied to Buyer by KFAS.
4. Limited Warranty. KFAS warrants that the products and related services shall be free of defects in material and workmanship under intended use for ninety (90) days, following initial shipment of the products or initial provision of the services. During the warranty, if KFAS repairs or replaces a defective products supplied by KFAS, KFAS will be responsible for reasonable shipping charges (not to exceed the cost of overnight shipment) to and from buyer. The above warranty is in lieu of and excludes all other warranties, whether expressed, implied, statutory or otherwise arising under applicable law, including, but not limited to the implied warranties of merchantability and fitness for a particular purpose or use. Buyer's exclusive remedy shall be, at KFAS's sole election, or return of the purchase price or fee paid to KFAS for, the particular defective product or service. Buyer shall be without remedy with respect to products which have been subject to abuse, misuse, damaged by external causes including acts of God, improper installation or maintenance or products which have been tampered with, altered, modified or reworked by any party other than KFAS. KFAS reserves the right to use reconditioned parts for both warranty and non-warranty repairs.
In no event shall KFAS or the manufacturing and selling parties, be liable for any special, incidental, consequential, or punitive damages, including, without limitation, loss of profits, revenue, or expenses resulting from any "down time", whether or not caused by the negligence of KFAS, its agents or the manufacturing and selling parties. In no event shall KFAS or the manufacturing and selling parties be responsible for damage to buyer's equipment.
5. Force Majeure. KFAS's obligations hereunder are subject to, and KFAS shall not be held responsible for, any delay of failure to perform or make delivery of all or any part of products, due to acts or circumstances beyond the control of KFAS, including, but not limited to, labor difficulties, fires, causalities, accidents, acts of God, transportation difficulties, inability to obtain spare parts, materials or components or qualified labor sufficient to timely perform part or all of any services, obligations, or governmental regulations or actions. In the event of occurrence of any of the foregoing, at the option of KFAS, KFAS shall be excused from performance hereunder or the performance of KFAS shall be correspondingly extended.
6. Arbitration. Any and all controversies or claims arising out of or relating to these "Terms and Conditions", the transaction completed hereunder and/or the relationship of the parties hereto, including particularly any warranty extended to the Buyer herein or otherwise, or any alleged breach hereof shall be resolved by arbitration in Houston, Texas, such arbitration to be conducted in accordance with the Commercial Rules of the American Arbitration Association before a panel of three (3) arbitrators. The arbitration awards shall be final and binding upon the parties to the arbitration and judgment thereon may be entered in any court having jurisdiction. For the purpose hereof, Buyer and KFAS hereby submit to the jurisdiction of the federal and state courts in Fort Bend County, Texas and notice of process, in connection with the arbitral or jurisdictional proceedings, may be served upon Buyer and KFAS by registered or certified mail with the same effect as if personally served. Notwithstanding the foregoing, in the appropriate cases, KFAS reserve the right to seek injunctive relief in a court of competent jurisdiction.