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Terms & Conditions
Kirk Key Interlock Terms & Conditions
Terms of Payment
Net cash thirty (30) days, no discount allowed, to accounts with established credit. A service charge of one and one-half percent (1 1/2 percent) per month will be added to unpaid balances after thirty days. If the financial condition of Buyer at any time does not justify continuance of the work to be performed by Kirk Key Interlock Company LLC hereunder on the agreed terms of payment, Kirk Key Interlock Company LLC may require full or partial payment in advance. In the event of bankruptcy by Buyer or insolvency or in the event any proceeding is brought against Buyer, voluntarily or involuntarily, under the bankruptcy or any insolvency laws, Kirk Key Interlock Company LLC shall be entitled to cancel any order then outstanding at any time during the period allowed for filling claims against the estate of Buyer and shall receive reimbursement for its proper cancellations charges. Kirk Key Interlock Company LLC rights under this provision are in addition to any other rights available to it at law or in equity.
Export orders are accepted on the basis of payment in advance of shipment by a check in U.S funds, wire transfer, or credit card. Delivery, duties, and taxes are the responsibility of the customer.
Open accounts (net 30 days) may be granted when trade references, name and location of bank, plus appropriate financial data are supplied. All requests require up to ten (10) days for processing and are subject to approval by Kirk Key Interlock Company LLC. If credit has not been established, please include payment with order or purchase with Visa, MasterCard, American Express or Discover.
Kirk Key Interlock Company LLC is not responsible for collecting Federal, State, or Local taxes (including Sales and Use tax) for shipments outside the state of Ohio. Ohio customers must provide their Sales Tax Exemption Certificate otherwise the applicable Ohio and County Sales Taxes will be applied to all invoices.
All prices are subject to change without notice. Sellers price shall be its price in effect at the time of shipment.
The foregoing warranties (excluding the warranty of title) shall terminate one (1) year after the date of installation of the item or items which are the subject of this contract, or eighteen (18) months from the date of shipment by Kirk Key Interlock Company LLC, whichever warranty period terminates first.
If any product covered by this contract fails to meet the foregoing warranties (except title), Buyers exclusive remedies shall be for Kirk Key Interlock Company LLC to correct any such failure by either replacing defective parts or repairing any defective parts of the product (at the option of Kirk Key Interlock Company LLC). Upon expiration of the warranty period, all liability of Kirk Key Interlock Company LLC for its products shall terminate. No claims for direct or consequential damages shall be allowed.
Kirk Key Interlock Company LLC disclaims any merchantability or warranty or fitness for any particular use with respect to the products being sold pursuant to this contract. There are no warranties which extend beyond the description of the fact of this contract. Returns and allowances must be authorized in advance by Kirk Key Interlock Company LLC. A Returned Materials Authorization (RMA) number will be assigned by Kirk Key Interlock Company LLC and must appear on the outside of the carton(s) and on all related paperwork. All returns are subject to review by Kirk Key Interlock Company LLC. Returns are subject to restocking charges.
Kirk Key Interlock Company LLC will not be liable for any delay in the performance of this contract or for any damages suffered by Buyer for reason of such delay, when such delay is directly or indirectly caused by or in any manner arises from fires, floods, accidents, riots, acts of God, war, governmental interference or embargoes, strikes, labor difficulties, shortage of labor, fuel, power, materials or supplies, transportation delays or other cause or causes (whether or not similar in nature to any of those hereinabove specified) beyond its control.
Kirk Key Interlock Company, LLC will not accept claims for loss, injury, or direct or consequential damages resulting from improper engineering, improper application, or circumvention of interlock schemes. Kirk Key Interlock Company LLC will not accept responsibility for the accuracy of customer schemes, equipment layout, or the integrity of the installation of the interlocks. In addition, Kirk Key Interlock Company LLC is not responsible for the management of spare or duplicate keys.
The accuracy of the Kirk Key Interlock Company key cylinder database is dependent upon ultimate user information supplied by each individual customer at the time the order is placed. Inaccurate jobsite names and addresses, changes in ownership of facilities containing KIRK® key interlocks and interlock systems, and the availability of used equipment with KIRK® key interlocks already installed can cause duplication of lock cylinders at a given location. Therefore, Kirk Key Interlock Company LLC will not accept responsibility for the occurrence of duplicate key cylinders.
Bribery and Corruption
Comply with all applicable laws, regulations, codes and sanctions relating to anti-bribery and anti-corruption including but not limited to:
Local and national laws in the territory in which it operates
The UK Bribery Act 2010
The US Foreign Corrupt Practices Act 1977
The UN Convention Against Corruption
Comply with the Halma PLC Group Code of Conduct relating to bribery and corruption which may be found on the Halma website (www.halma.com).
Have in place its own policies and procedures to ensure compliance with this clause.
Ensure that all parties with which it is associated or who are providing goods or services in connection with this contract (including subcontractors, agents, consultants, and other intermediaries) are aware of and comply with the requirements of this clause.
On reasonable request confirm in writing to Kirk that is has complied with the requirements of this clause, and if so requested, allow Kirk to verify this.
Maintain complete and accurate records of all transactions and payments related to this contract, and on request, disclose details of those transaction and payments to Kirk.
Immediately inform Kirk if it suspects or becomes aware of any breach of this clause by one it its employees, subcontractors, agents, consultants, or other intermediaries and provide detailed information about the breach.