Terms and Conditions
KAM Differentials Ltd Conditions of Sale Form C5-2-1092 Terms 2006

1A Orders from private individuals will be accepted if valid credit card details are supplied or goods are paid for by cheque (subject to clearance).

1B Trade orders will be accepted on end of the month payment terms subject to satisfactory credit checks, and as soon as regular orders are being processed.

2 KAM Differentials Ltd known as KAM will endeavour to despatch promptly, on receipt of order and/or payment, subject to 1A/B above, by road transport.

3 Warranty: KAM undertake to correct any faults found in the goods due to their faulty workmanship and/or materials for a period of twelve months from date of despatch from KAM works.

4. Any delivery which is found to be faulty in either workmanship or materials should be returned carriage paid to KAM Differentials Ltd for examination.

5 If the goods are deemed to be faulty because of assembly carried out by KAM , then assembled into an axle, the whole assembly must be sent to KAM for examination at sender's cost.

6 Goods for examination under warranty shall be returned to KAM’s works, carriage paid by customer.

7 In the case of rebuilt units KAM does not take any responsibility for parts or structures which are not supplied by them.

8 Goods must be fitted in accordance with good engineering practice and in accordance with any special instructions. Any fault alleged to be caused by incorrect fitting or the failure of any component not supplied by KAM or from lack of adequate lubrication shall be deemed not recoverable under warranty.

9 No warranty claim will be considered a) if the equipment supplied has been used other than under normal domestic or commercial conditions.

b) if the equipment supplied has been used for timed trial and Motor Sport Racing. c) if the vehicle has had a engine modification.

10 All vehicle assemblies sent to KAM for replacement parts to be fitted must be sent to KAM carriage paid and the said assemblies must be in good mechanical order in the opinion of KAM or the parts will be returned to the carriage sourced. KAM Differentials Ltd decision on the suitability of goods for modification is final.

11 The law concerning the contract between KAM and the customer shall be the law of England.

12 Insurance:- Goods supplied by KAM will be insured up to the point of receipt by customer. Goods sent to KAM for modification are sent at customer's risk.

13 Force Majeure:- KAM shall not be liable for failure to meet its obligations if such failure results from circumstances which could not have been contemplated and which are beyond the company's reasonable control.

14 The law concerning the contract between KAM and the customer shall be the Law of England.

15 Should any dispute arise between KAM and the customer which cannot be amicably settled, arbitration shall take place by persons appointed by the Chairman of Godalming Chamber of Commerce.

16 Insurance:- Goods supplied by KAM will be insured up to the point of despatch to the customer and any loss or damage in transit should be taken up with the despatch company. Goods sent to KAM for modification are sent at customer's risk.

17 General:- These conditions prevail over any conditions which the purchaser's order may purport to impose and which are at variance with the same. No modification of these conditions shall be binding upon KAM Differentials Ltd unless specifically accepted in writing by KAM. KAM cannot accept any claims for errors in its catalogue which may have been made inadvertently and reserves the rights to make technical changes.

18 Prices:- KAM reserves the right to vary the quoted price and goods will be invoiced to the purchaser at the prices set at the date of despatch, unless otherwise agreed by KAM in writing.

19 Consequential Loss:- KAM shall be in circumstances be liable for any consequential loss or damage.

20 Exclusion Of Liability:- These conditions are in substitute for and exclude all and any express and implied statutory or other warranties, guarantees, representations, conditions and liabilities.

21 Acceptance Of Orders:- Quotations do not constitute an offer by KAM to supply the goods and no order shall be binding unless accepted by KAM in writing.

22 Cancellation Of Order:- If an order is placed and payment is made to KAM and then cancelled a 15% handling fee will be charged on the total amount.

23 Delivery Dates:- While KAM will do its utmost to keep to its promised delivery dates, they are to be treated as estimates only. KAM accepts no responsibility for loss or damage resulting from delay in delivery of goods. Delays due to circumstances outside the control of KAM shall not entitle the purchaser to cancel any order or to refuse to accept delivery.

24 Descriptions:- Every effort is made to ensure that KAM products are accurately described by KAM and are fit for purpose. Applications stated in KAM catalogues give no warranty to this effect and KAM Differentials Ltd accepts no responsibility for any loss or damage arising from errors or incorrect descriptions in its catalogues. Manufacturers part numbers are used for guidance only.

25 Damage Or Loss In Transit:- Claims for damage or loss in transit must be sent to KAM in writing in sufficient time for the shipper and insurers to be notified within any stipulated claim time. The Company's liability for loss or damage in transit shall be limited to the amounts (if any) recovered from the shippers and insurers less any costs of KAM in connection with the claim.

26 Distributors: KAM holds the right to limit or cancel pre-signed or verbal distribution and general distributor agreements if; a) sales are not at the level agreed, b) sales or potential sales are hindered due to the distributor having local disputes with customers or other trade outlets or Tax or customs violations, c) undertake promotions without our permition of similar parts that are not supplied by KAM.

27 Property:- The ownership of the products shall remain vested with KAM which reserves the right to dispose of the product until payment has been made in full for that product. If such payment is overdue in whole or in part KAM may recover or resell the product or part of it and may enter the Purchasers premises during working hours for that purpose. Any such payment due in respect of the product shall become due immediately upon the commencement of any act or proceeding in which the Purchaser insolvency is involved. The Purchaser shall be required upon request being made by KAM to mark, set aside, distinguish or otherwise appropriate the product as belonging to KAM. The Purchaser shall not be entitled to sell and deliver the product to a third party until payment has been made in full in respect of that product to KAM, unless the express written consent of KAM has been given to the Purchaser where the Purchaser has made one or more part payments in respect of debts due to KAM and has not specified in respect of which payments relate to what contract, it shall be presumed the payments relate to earlier contracts upon which settlement has not been fully made.