Terms & Conditions Kan Universal Policies
OUR SERVICES
These Terms and Conditions (“Agreement”) govern the provision of LED screens and / or materials for indoor and outdoor spaces by Kan Universal Private Limited (“Company”) to its customers (“Customer”). By placing an order with the Company, the Customer agrees to be bound by this Agreement.
1. Incorporation and Application:
1.1 These Terms and Conditions shall form an integral part of each and every document, agreement, tender submission, contract, invoice, warranty, or other communication (“Document”) signed, executed, or provided by the Company.
1.2 These Terms and Conditions are hereby incorporated by reference into all such Documents and shall govern the relationship between the Company and the Customer unless expressly varied or excluded in writing by the Company.
2. Definitions:
2.1 “Product” means LED screens, video walls and related equipment provided by the Company.
2.2 “Services” means supply, installation, maintenance, repair, and any other services provided by the Company in relation to the Products.
2.3 “Order” means the Customer’s request for Products and/or Services as accepted by the Company.
2.4 “Site” means the location where the Products are to be delivered and installed.
2.5 “Warranty Period” means the period during which the Company provides a warranty for the Products.
2.6 “Customer” means any individual, company, corporation, partnership, joint venture, association, trust, government or agency thereof, or any other legal entity that places any Order with the Company or who is the ultimate user or beneficiary of the Product, including their successors, assigns, and authorized representatives.
3. Orders and Acceptance:
3.1 All Orders are subject to acceptance by the Company, which may be confirmed in writing or electronically.
3.2 The Company reserves the right to refuse any Order at its discretion without providing reasons.
3.3 Upon acceptance of an Order, this Agreement shall become binding on both parties.
3.4 Any changes to an Order must be agreed upon in writing by both parties.
4. Prices and Payment:
4.1 Prices for Products and Services shall be as specified in the Company’s quotation or any further modifications or as otherwise agreed in writing.
4.2 All prices are exclusive of taxes, duties, and other charges unless otherwise stated.
4.3 Payment terms shall be as specified in the invoice issued by the Company, in absence of which 100% payment to be made before delivery of the Products.
4.4 The Customer shall make payments via bank transfer, cheque, or other methods agreed upon in writing.
4.5 The Company reserves the right to charge interest on late payments at the rate of 24% p.a.
4.6 In case of non-payment, the Company reserves the right to withhold delivery or suspend Services until full payment is received.
5. Lien on Products:
5.1 The Company shall retain a lien on the Products supplied and installed under this Agreement until full payment is received from the Customer.
5.2 The Customer agrees that the Company may retain possession of the Products or take necessary actions to enforce its lien in the event of non-payment.
6. Delivery and Installation:
6.1 Delivery dates are estimates only, and the Company shall not be liable for any delays due to reasons beyond its control, including but not limited to, acts of God, transportation delays, or supply chain disruptions.
6.2 The Customer shall provide access to the Site and necessary facilities for installation of the Products, including required electricity, internet connection, and physical space as per the timelines provided by the Company.
6.3 The Company shall ensure that the installation is carried out by qualified personnel in a professional manner.
6.4 Risk of loss or damage to the Products shall pass to the Customer upon delivery.
6.5 The Company shall notify the Customer of the delivery and installation schedule in advance.
6.6 If the Product is not picked up within fifteen (15) days from the intimation by the Company regarding the readiness of the Product, then the Company shall not be responsible for any damage or loss, and the Company shall be entitled to charge interest on the balance payment or alternate sale of the Product to third party.
6.7 If the structure is under the Customer’s scope, then the structure must be available as per the requirements of the Company, including the feasibility of the Site for installation of the Products. failing which, the Customer shall be liable for additional charges for manpower and materials.
6.8 The Company will provide standard wiring as per the size of the Product. Please ask the representative for the standard wire policy. Any additional requirement for wires shall be chargeable.
6.9 The Customer shall have one dedicated resource for day-to-day maintenance of the Product.
6.10 If the Customer is using the Product for a period exceeding seven (7) days, then the Product delivery or installation is deemed to be completed, and the Customer shall be obliged to issue the ICT to the Company without any disputes, and the payment becomes payable.
6.11 If the transportation is within the Customer’s scope, then the Customer shall satisfy itself with the packaging of the Product, and the Customer shall take care of any damage or loss during the transportation.
7. Warranty and Maintenance:
7.1 The Company warrants that the Products will be free from defects in material and workmanship for a period of [specify period, e.g., one year] from the date of delivery.
7.2 During the Warranty Period, the Company shall, at its option, repair or replace any defective Products at no additional cost to the Customer.
7.3 The Company shall provide maintenance services as per the terms agreed in the Order, which may include periodic inspections, cleaning, and software updates.
7.4 The warranty does not cover damage caused by improper use, unauthorized modifications, external factors such as power surges, or acts of vandalism.
7.5 The Customer shall notify the Company of any defects or issues with the Products within 24 working hours from the receipt of delivery.
7.6 In case of a Customer is a trader or a merchant, then such trader or merchant shall share warranty terms communicated to the user with prior approval of the Company and such trader or merchant shall also share the contact details of the user. In case of non-compliance of this para, the Company shall be discharged from warranty conditions for the Product.
8. Warranty Conditions for Sale, Installation, and Maintenance of LED Screens by Kan Universal:
8.1 Warranty Period: The warranty period for the LED screens, video walls and components supplied by Kan Universal Private Limited shall be as per the Order, from the date of delivery or installation.
8.2 Scope of Warranty:
8.2.1 This warranty covers defects in materials and workmanship under normal use and service conditions.
8.2.2 The warranty applies to the LED screens, materials and components installed by Kan Universal Private Limited.
8.3 Warranty Service:
8.3.1 After the warranty period, our company provides lifelong maintenance services, and the cost is based on the cost of spare parts.
8.3.2 The Company has a spare parts warehouse, technical service and maintenance center, on-site repair and on-site parts replacement Services. These services may be chargeable as per the Order.
8.3.3 In terms of response time, when the Customer’s Product is abnormal, the Company will immediately help the customer solve the problem online or by phone and propose a repair plan as soon as possible; if on-site repair is required, the engineer will contact the Customer after receiving the repair information.
8.3.4 In order to ensure the smooth progress of the task, engineers can be sent for on-site technical support in case of important tasks.
8.3.5 After-sales service department the Company has a dedicated technical support department and after-sales service department, with dedicated personnel responsible for after-sales service of the Product.
8.3.6 After the Product warranty period, you can choose to purchase warranty insurance to extend the warranty. During the warranty period, the Company will provide factory repair and upgrade services.
8.3.7 During the entire operation period, the Company will accept telephone consultation, fax and E-mail written technical consultation from Customers, and the Company’s engineers will handle Customers’ problems in a timely manner. We will fully assist users to solve the problem of cooperation between the Product. During the warranty period, we will provide free software version upgrade services for the system.Customers will regularly receive the latest manufacturer’s technical Product information.
8.3.8 For high-end products, replacement spare parts are used to cooperate with manufacturers to provide support.
8.3.9 For problems that need to be solved by engineers on-site after being understood and judged by the engineers of the support team, the Company will arrange engineers from the support team to the site and promise to do its best to solve Customer problems. Product parts that cannot be repaired on site will be replaced or brought back to the Company for repair depending on the situation.
8.3.10 Spare parts replacement For users who have purchased warranty service, sufficient spare parts supply will be guaranteed.
8.3.11 In case of hardware failure, the technical service team will promptly dispatch engineers to replace it. For repairs that are not covered by the Warranty, the technical service team will decide based on the availability of spare parts.
8.3.12 Whether it can be repaired or replaced after the Customer pays:
Hardware replacement: For parts that need to be replaced due to hardware damage, the specific cost will be based on the spare parts supplied by the original manufacturer.
8.3.13 Price and accounting. If Customers need software upgrade, they need to pay the version upgrade fee, if applicable.
8.3.14 User system performance optimization. Technical support engineers will provide on-site technical support services for important fault handling based on Customer needs.
8.3.15 For all our Customers, we provide free dedicated training and first of all provide Customers with a good pre-sales service. After the project is completed, the Company will provide detailed Customer training related to the Product, so that Customers can master the knowledge and experience of using the Product and performing system maintenance, and have the ability to correctly use and maintain the system. In daily work, Customers can communicate with us at any time and request us to provide Customer training services. During the use of the Product, the Company will provide a full range of technical support. If Customers cannot solve the problem or are unclear, they can contact our staff at any time for help.
8.4 Exclusions from Warranty:
This warranty does not cover:
8.4.1 Damage caused by accidents, misuse, abuse, or neglect.
8.4.2 Damage resulting from unauthorized modifications, alterations, or repairs.
8.4.3 Damage caused by power surges, lightning, or other electrical disturbances.
8.4.4 Normal wear and tear, including but not limited to fading, discoloration, and cosmetic damage.
8.4.5 Any failure or damage due to installation by parties other than Kan Universal Private Limited.
8.4.6 Damage caused by improper or insufficient maintenance.
8.4.7 Consumable parts such as batteries or any other parts that are expected to be replaced periodically.
8.4.8 Software or firmware updates that are not performed by Kan Universal Private Limited.
8.4.9 Damages caused by environmental factors such as exposure to moisture, extreme temperatures, or chemical products.
8.4.10 Any costs associated with the removal or re installation of the product.
8.4.11 Damage resulting from the use of accessories, attachments, or other products not recommended by Kan Universal Private Limited.
8.4.12 Damage caused by shipping or transportation of the product after the initial installation.
8.4.13 Failure due to the use of the product in a manner other than its intended use.
8.4.14 Any labor costs, engineering cost, lodging and boarding incurred during the de-installation or re-installation of the product.
8.4.15 Damage due to vandalism, riots, acts of war, or acts of God.
8.4.16 Interruption of business or loss of revenue caused by the failure of the product.
8.5 Warranty Claim Procedure:
8.5.1 To obtain warranty service, the customer must provide proof of purchase and contact Kan Universal Private Limited at info@kanuniversal.com
8.5.2 The customer must allow reasonable time for Kan Universal Private Limited to inspect and verify the defect.
8.5.3 All warranty claims must be reported within 24 working hours from the day of the incident.
9 Limitation of Liability:
9.1 The Company’s liability under this Agreement shall be limited to the amount paid by the Customer for the Products and Services.
9.2 The Company shall not be liable for any indirect, incidental, or consequential damages, including but not limited to, loss of profits, loss of business, or loss of data.
9.3 The Company shall not be liable for any damages arising from delays in delivery or installation, provided that such delays are due to reasons beyond its reasonable control.
9.4 The Company shall not be liable for any damages resulting from the Customer’s failure to comply with the terms of this Agreement or misuse of the Products.
10. Intellectual Property:
10.1 The Company retains all intellectual property rights in the Products, including but not limited to, patents, trademarks, copyrights, and trade secrets.
10.2 The Customer shall not copy, modify, reverse engineer, or create derivative works of the Products without the Company’s prior written consent.
10.3 The Customer shall not remove or alter any trademarks, logos, or other proprietary notices on the Products.
11. Confidentiality:
11.1 Both parties agree to keep confidential any proprietary information disclosed during the performance of this Agreement, including but not limited to, technical specifications, pricing information, and business plans.
11.2 This obligation of confidentiality shall survive the termination of this Agreement.
11.3 The receiving party shall use the same degree of care to protect the confidential information as it uses to protect its own confidential information.
12. Termination:
12.1 The Company may terminate the agreement immediately if the Customer fails to make payment when due or becomes insolvent.
12.2 Upon termination, the Customer shall return any Products (in original condition) not paid for in full and shall pay for all Products and Services provided up to the date of termination.
13. Governing Law and Dispute Resolution:
13.1 This Agreement shall be governed by and construed in accordance with the laws of India.
13.2 Any disputes arising out of or in connection with this Agreement shall be resolved through arbitration in Delhi, in accordance with the Arbitration and Conciliation Act, 1996.
13.3 The arbitration shall be conducted by a single arbitrator appointed by mutual agreement of the parties. If the parties cannot agree on an arbitrator, the arbitrator shall be appointed by the Delhi High Court. The arbitration shall be conducted by a single arbitrator appointed by mutual agreement.
13.4 The language of the arbitration shall be English, and the decision of the arbitrator shall be final and binding on both parties.
13.5 Notwithstanding the foregoing, either party may seek injunctive relief or other equitable remedies in any court of competent jurisdiction.
14. Miscellaneous:
14.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.
14.2 Any amendments to this Agreement must be in writing and signed by both parties.
14.3 If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
14.4 The Customer shall not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Company.
14.5 The Company may subcontract its obligations under this Agreement, provided that the Company shall remain responsible for the performance of such obligations.
14.6 Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered by hand, sent by registered mail, or sent by email with confirmation of receipt to the addresses specified in the Order.