Terms and Conditions
Kap by Povo Lighting Inc. (KbP)
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Ordering procedure:
KbP accepts purchase orders for goods/projects quoted directly to the Buyer or during the bidding process. KbP respects the terms on the initial quotation (quotation expiry date, lead time, pricing and any special terms provided on the quotation) unless otherwise advised and communicated.
An order confirmation is provided regarding the purchase order and the terms of payment and delivery are stated.
All custom orders require a 50% deposit of the full value of the order unless otherwise agreed upon. Partial or full orders will only ship after the balance of the payment is received unless otherwise agreed upon in writing. The Buyer agrees that the deposit is not refundable.
KbP offers a minimum order value of $2,000.00 CAD, such that orders placed below the minimum order value are subject to a $120 CAD processing fee unless otherwise agreed upon.
KbP will commit to delivery dates provided and will inform the Buyer should any delays affect them.
Buyer's acceptance of any offer by KbP must be made on such terms and conditions
exactly as offered by KbP. Buyer's terms and conditions in any purchase order or otherwise referenced which are different from or in addition to those contained in this agreement
are expressly rejected by KbP and shall be of no effect unless specifically agreed to in writing.
All prototype orders are subject to case-by-case agreements that are specific to the project.
Expedited orders
KbP understands that at times delivery times provided are not meeting the timelines the Buyer requires to meet. Whenever possible and without compromising the quality of production/goods, KbP will offer solutions to deliver the goods according to expectations. Any agreements concerning Expedited orders need to be done in writing and respected by both KbP and the Buyer.
KbP graces a 5-day cancellation/order revision period from the order confirmation date: during that time the Buyer and KbP may cancel/reject/revise an order without penalties with clearly communicated explanation.
All custom orders are considered firmed once drawings are approved as final and deposits are received. Any delays in drawing approvals and any revisions to approved drawings are understood by the Buyer as reasons for delivery times to be affected.
The drawings (and any information contained within the design package submittal) is for reference only. Unless otherwise agreed with the customer, the tolerances stated shall apply to any dimensions given. Drawings/document and their contents are the confidential property of KbP and must not be disclosed, transferred, loaned or copied without prior written consent. All copyright vests with KbP.
KbP commits to produce the goods in accordance with approved drawings and reserves the right to make educated decisions for final manufacturing that are deemed as required in order to provide quality goods that will be fit to be covered by the warranty.
All confirmed orders are a confirmation that the Buyer is obligated to respect the terms, and purchase quantities of goods as specified. Products manufactured by KbP are built-
to-order and are Non-Cancellable and Non-Returnable. If cancellation or modification is approved by KbP, the Buyer agrees to pay all expenses incurred, and damage sustained by KbP as a result of the cancellation or modification.
Incoterms
Unless previously agreed upon, all orders are based on EX works Toronto, Ontario, Canada
Currencies
Currency is specified in quotations and order confirmations and are not subject to change unless agreed upon in writing by KbP.
Payments
Payments are accepted by wire transfer or electronic methods only unless otherwise agreed upon. The Buyer is expected to follow instructions that are specific to the currencies and is encouraged to ask questions whenever this information is not clear.
Collection
Based on Ex Works terms, the Buyer is responsible for collection of the goods from KbP facility and shall advise its preferred method of shipment and the designated carrier.
KbP commits to assist with collection of goods and expects the Buyer to clearly communicate the pick-up dates/time.
Delivery
Upon request, KbP may assist the Buyer and arrange the shipping at Buyer’s cost and
expense and may deliver the goods at the location specified in the order. All deliveries must be unloaded within two (2) hours of arrival at Delivery Location. Buyer will be charged an hourly rate of $30.00/hour for every hour beyond the 2-hour maximum that is needed to unload the goods. This additional charge will be applied to the invoice. All freight related fees and charges, including additional charges for late unloading, will be invoiced separately.
Late Delivery
Any time quoted for delivery is an estimate only; provided, however, that KbP shall
use commercially reasonable efforts to deliver all goods within a reasonable time consistent with the order. KbP will not accept any late charges or back charges of any nature due to late delivery.
Unexpected events
If KbP is prevented from carrying out its obligations to the Buyer by a cause beyond its reasonable control, including fire, flood, storm, failures of sub-contractors or transport, industrial action, KbP shall not be liable for any failure or delay. However, KpB will try to find alternative ways of performing its obligations where possible.
Partial Shipment
KbP, in its sole discretion, without liability or penalty, may make partial shipments
of goods to Buyer. KbP shipments will constitute a separate sale and Buyer shall pay for the goods shipped, in accordance with the payment terms specified on the order, whether such shipment is in whole or partial fulfillment of an order. Buyer agrees to use first-in- first-out inventory practices with respect to the goods it purchases from KbP.
Waiver
No waiver under this agreement is effective unless it is in writing and signed by an
authorized representative of KbP. Any waiver authorized on one occasion is effective only at that specified time and only for the purpose stated and does not operate as a waiver on any future occasion. None of the following constitutes a waiver or estoppel of any right, remedy, power, privilege or condition arising from this agreement:
(a) any failure or delay in exercising any right, remedy, power or privilege or in enforcing any
condition under this agreement; or
(b) any act, omission or course of dealing between the parties
KbP custom products are guaranteed to be delivered free from defects and covered by a limited one (1) year warranty from the delivery date at destination.
The warranty extends to manufacturing defects on manufactured (metal, glass, acrylic, etc) parts as well as custom manufactured LED modules, motion sensors and LED drivers as specific to the above project. KbP guarantees to deliver high quality products that will function according to the agreed upon specific parameters and meet the Buyer’s expectations.
CONDITIONS
Products must be purchased through an established electrical distributor or directly from KbP
Products must be handled according to the instructions regarding unpacking and installation of the light fixtures 

Products should be in no way altered or/and serviced without prior agreement and authorization from KbP 

Any manufacturing or assembly discrepancies should be promptly communicated to KbP within ten (10) days from the confirmed delivery date.


EXCEPTIONS 

KbP warranty is void if improper installation actions are conducted by the electrical installer or handler during the installation 

The warranty does not cover damages caused by inadequate maintenance and/or improper handling of the products 


REMEDY 

KbP will repair or replace any products in breach of warranty after inspection by KbP representative provided that the products were in no way serviced or altered after purchase 

KbP is not responsible for any costs incurred due to removal, shipping or re-installation of light fixtures
updated April 23 2022