At IoTKinect, we are committed to providing clear and transparent terms for all product and service purchases. These Terms of Sale govern your purchase and use of IoTKinect products, accessories, and services.
Acceptance of Orders
All orders placed with IoTKinect are subject to our acceptance and verification. We reserve the right to:
- Review and Approve: Evaluate orders based on credit approval and product availability
- Accept or Decline: Refuse any order or portion thereof without providing a reason
- Confirm Availability: Verify product stock and delivery capabilities before finalizing orders
Orders become binding upon acceptance by IoTKinect, and we'll notify you once your order has been confirmed.
Pricing and Charges
Our pricing structure is designed to be transparent and predictable for your business planning.
Price Structure
- Quoted Prices: Prices are as stated in official IoTKinect quotes or as agreed upon in writing
- Additional Charges: All prices exclude applicable taxes, tariffs, shipping, handling, and insurance unless explicitly stated otherwise
- Price Validity: Quoted prices remain valid for the period specified in the quote
We maintain stable pricing policies and will honor all confirmed quotes within their validity period.
Ordering Process
We've made it easy to place orders through multiple channels that suit your workflow.
Available Order Methods
- Email: Send orders to [email protected]
- Telephone: Call our sales team during business hours
- Fax: Submit written orders via fax
Order Confirmation
Once received, your order will be reviewed and processed. Orders become binding upon acceptance by IoTKinect, and you'll receive confirmation of acceptance along with estimated delivery timelines.
Shipping and Delivery
Understanding our shipping terms helps you plan for product arrival and manage logistics effectively.
Shipping Terms
All shipments follow FOB (Free on Board) shipping point terms unless otherwise agreed upon in writing. This means:
- Risk Transfer: Risk of loss or damage transfers to you upon delivery to the carrier
- Shipping Responsibility: You assume responsibility for products once they leave our facility
- Carrier Selection: We work with trusted carriers to ensure reliable delivery
Delivery Timelines
Delivery dates provided are estimates based on current information. While we strive for accuracy, IoTKinect shall not be held liable for delays caused by circumstances beyond our reasonable control, including carrier delays, customs processing, or force majeure events.
Payment Terms
Clear payment terms ensure smooth transactions and ongoing business relationships.
Standard Terms
- Payment Period: Invoices are due within 30 days (Net 30) from the date of invoice unless otherwise specified
- Partial Shipments: Each partial shipment will be invoiced separately
- Late Payment: Overdue accounts may incur interest charges at the maximum rate allowed by law
Collection and Fees
Late payments may be subject to collection activities, including reasonable attorney's fees. We encourage timely payment to avoid additional charges and maintain positive business relationships.
Product Warranty
We stand behind the quality of our products with a comprehensive warranty program.
Warranty Coverage
IoTKinect warrants that all IoTKinect Products and IoTKinect Accessories will be free from material defects in material and workmanship for 90 days from the date of shipment.
Warranty Conditions
This warranty applies when:
- Products are used for their intended purpose without improper or excessive use
- Proper installation, service, and maintenance procedures have been followed
- Products have not been damaged, modified, or altered after shipment
Making a Warranty Claim
To exercise warranty rights:
- Provide Written Notice: Contact us in writing within the 90-day warranty period
- Describe the Defect: Provide details about the issue and how it manifests
- Return Product: Ship the defective item back to IoTKinect (shipping paid by buyer)
Warranty Remedy
At IoTKinect's sole discretion, we will:
- Repair the defective parts
- Replace the defective product or accessory
- Refund the purchase price
Out-of-Warranty Service
Products outside the warranty period can be serviced at our current hourly repair rate. Non-defective products returned for testing will be shipped back at your expense, with testing and handling costs borne by you.
Important Warranty Limitations
Product Selection Responsibility: You assume responsibility for selecting products and services appropriate for your intended application and for verifying all product certifications and required standards prior to purchase.
No Guarantee of Results: IoTKinect does not warrant that products will meet your specific requirements or specifications, or that operation will be uninterrupted or error-free.
Specifications and Drawings: Any requirements, specifications, or drawings provided by you or by IoTKinect are for convenience only and shall not be binding unless agreed in writing by the Vice President – Software Development of IoTKinect.
Exclusive Remedy: The warranty remedies described above constitute your sole and exclusive remedy for defective products.
Warranty Disclaimer: The foregoing warranty and any third-party manufacturer warranties are in lieu of any and all other warranties, express, implied, or arising under law, including but not limited to the implied warranties of merchantability, non-infringement, and fitness for a particular purpose.
Limitation of Liability
To ensure predictable business relationships, we maintain clear limitations on liability.
Excluded Damages
IoTKinect shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to the sale of products, even if advised of the possibility of such damages.
This limitation protects both parties by establishing clear boundaries for liability and enables us to offer competitive pricing.
Claims, Cancellations, and Returns
We've established clear procedures for handling issues, changes, and returns.
Filing Claims
Claims for shortages, damages, or defects must be submitted in writing within 90 days of receipt of products. This timeframe ensures issues can be properly documented and addressed while details are fresh.
Cancellations and Returns
Order cancellations and product returns are subject to approval by IoTKinect and may be subject to restocking fees not to exceed 30% of the purchase price. Contact our sales team to discuss cancellation or return requests.
Product Design and Improvements
Innovation is at the heart of what we do. IoTKinect reserves the right to make design changes or improvements to products without prior notice. These improvements reflect our commitment to delivering the best possible solutions to our customers.
Intellectual Property Protection
We respect intellectual property rights and take infringement seriously.
Our Commitment
IoTKinect warrants that the sale or use of our products does not infringe upon any third-party intellectual property rights. Should any claim of infringement arise, we shall indemnify you against such claims, provided you:
- Promptly notify IoTKinect in writing of any infringement claim
- Cooperate with IoTKinect in the defense of such claim
Export Compliance
International commerce requires careful adherence to regulations.
Your Responsibilities
You agree to comply with all applicable export control laws and regulations governing the sale, export, or transfer of products. IoTKinect may require export licenses or other documentation prior to shipment to ensure compliance with applicable laws.
Confidentiality
Business relationships often involve sharing sensitive information. Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during transactions and business interactions.
Legal Limitations
To ensure timely resolution of any disputes, any legal action arising out of or relating to the sale of products must commence within 3 months from the date of delivery, or such action shall be barred.
Force Majeure
We cannot control every circumstance. IoTKinect shall not be liable for any delay or failure to perform obligations due to circumstances beyond our reasonable control, including but not limited to:
- Acts of God (earthquakes, floods, storms)
- War, terrorism, or civil unrest
- Strikes or labor disputes
- Natural disasters
- Government actions or regulations
- Supply chain disruptions beyond our control
Entire Agreement
These Terms of Sale constitute the entire agreement between the parties with respect to the sale of products and supersede all prior agreements and understandings, whether written or oral. No modification or waiver of any provision shall be binding unless in writing and signed by both parties.
By placing an order with IoTKinect, you acknowledge and agree to be bound by these Terms of Sale.
Questions and Contact
If you have questions about these Terms of Sale or need clarification on any provision, our team is here to help.
Sales Inquiries
Email: [email protected]
Company Address
IoTKinect Inc.
967 Whirlaway Cres #114
Victoria, British Columbia
Canada V9B 0Y1
Version: 1.1
Last Updated: April 8, 2025