Terms and Conditions
CLAIMS FOR SHORTAGES: The purchaser shall make all claims for shortages in writing (which includes the particulars of the shortage) within 2 calendar days after receipt of the products at the purchaser's warehouse. If notice specifying the particulars of the alleged shortage is not received by KVC within 2 calendar days after receipt of the products by the purchaser at the purchaser's warehouse, the purchaser shall be deemed to have received in good condition all products that were invoiced by KVC as being part of that shipment, and the purchaser shall be barred from making any claims in connection therewith.
GOVERNING LAW: The KVC Agreement shall be governed by, and be construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable in British Columbia.
WARRANTY: Products found to be defective due to faulty workmanship or material shall be replaced without charge, provided that in each case, KVC, acting reasonably, is satisfied that the product has been properly installed, that the product was used in the service for which KVC and the manufacturer of the product recommended and that written notice specifying the alleged defects is presented to KVC within one year from the date of installation or 18 months from the date of purchase, whichever occurs first (the 'Warranty Period"). The liability of KVC under the warranty provided herein is in the nature of liquidated damages to which the purchaser might otherwise be entitled at law or in equity, and in particular the purchaser hereby agrees that in lieu of any action for fundamental breach of contract or during the Warranty Period or after the Warranty Period for any claims for labour, installation costs, damages including, but limited to, loss of revenue or profits, or other expenses incurred by reason of any products found to be defective. This warranty shall not apply to any product modified or changed in design or function after leaving a KVC warehouse or to valve operators, components and/or heating products which are subject to the warranty conditions of the manufacturer.
CANCELLATION POLICY: Orders of products accepted by KVC for special alloy valves, valves and fittings and/or heating products not stocked by KVC are not subject to cancellation or change without the prior written consent of KVC (which KVC may give or withhold at its sole discretion) and upon terms which will protect, indemnify and hold KVC harmless from and against all consequential loss or damage.
MODIFICATION: No amendment or modification of these terms and conditions shall be binding upon KVC unless evidenced in a written document signed by an authorized representative of KVC.