Terms of Purchase

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This agreement contains the policies, terms, and conditions that apply to orders and purchases of Kriosk products.  By placing an order with the “Company” (Kriosk), “Customer” (you) accepts these policies, terms, and conditions. This agreement also contains the policies, terms, and conditions of the company website (“www.kriosk.com”) and physical order forms officially communicated by the Company.

By accessing this Site, you accept these policies, terms, and conditions. These policies, terms, and conditions are subject to change at any time without notice.

WARRANTY, RETURN, EXCHANGE, AND REFUND POLICIES

Warranty is valid for 12 months from the date of purchase. The Company warrants to the Customer in respect with any Goods provided that:

a.)  be of satisfactory quality and be fit for any purpose made known to the Customer expressly or by implication and in this respect the Customer shall rely on the Company’s skill and judgement;

b.) be new (unless otherwise specified on the Purchase Order) and be of sound materials and skilled and careful workmanship;

c.) correspond with their description or any samples, patterns, drawings, plans and specifications referred to in the purchase order or agreement when applicable;

d.) be free from all defects in materials and workmanship for the Warranty Period; and

e.) comply with any current legislation and all applicable British Standards, health and safety standards, CE Marking, ISOs, electrical and mechanical standard and legal requirements concerning the design, manufacture, processing, storage and testing of Goods.

If at any time during the Warranty Period, the Company breaches the warranties set out in this Agreement in respect of the Goods, Services and Deliverables (or any part thereof) or if any weakness, deficiency (including cosmetic damage which does not affect the functionality of the Goods), failure, breakdown or deterioration (beyond normal wear and tear for the intended service) appears or is discovered within the Warranty Period shall be at the Customer’s option, be repaired or replaced or otherwise made good by the Company at the Company’s expense within the time designated by the Company.

Without limiting the generality of the foregoing, and without prejudice to any rights of the Customer under the Agreement or otherwise:

(a) if requested by the Customer, the Company shall collect any defective Goods and/or Deliverables and shall either, at the Customer’s option:

      (i) deliver any repaired and/or replacement Goods and Deliverables or any part thereof; or        (ii) issue a full refund of such defective Goods and Deliverables;

and shall bear all freight, courier costs, customs duties and all other expenses in respect of such collection and re-delivery up to the point of final destination;

(b) if requested by the Customer, the Company shall dispatch, at the Company’s cost and expense, its field advisor(s) and/or technical advisor(s) for technical assistance for repair and/or installing and/or commissioning thereof. The Company shall reimburse the Customer all damages, cost and expenses arising out of or resulting from the Company’s breach of any of the foregoing warranties including, without limitation, costs of removal, inspection, transportation, installation and/or warehousing;

(c) when the Customer determines in its sole discretion that the Company cannot repair or replace within the time designated by the Customer, the Customer may request the Company to deliver any components and spare parts required by the Customer to undertake its own repairs and the Company shall all freight, courier costs, customs duties and all other expenses in respect of such delivery of components and spare parts;

(d) the Customer may, at its option, elect to accept the defective Goods or Deliverables, whereupon an equitable adjustment in the price of the Agreement shall be made.

Subject to the exceptions below, components and systems may be returned for a refund within 30 days of ship date. All goods are subject to a 35% restocking fee.

The following products are non-refundable:

  • Products that have been defaced, modified, or physically damaged, not caused by shipping.
  • Products that have become non-functional due to user error or virus.
  • Products that have the warranty label/mark removed by Customer.
  • Products returned without original accessories (manual, CD’s, cables, etc.)
  • Software, including Software as a Service.
  • Special Orders and Volume Orders, including volume system orders.
  • All Custom Orders

UNRECEIVED OR DAMAGED PACKAGES

Claims that the Goods did not arrive must be made within 14 days after “item shipped” notification. Claims that the Product was damaged upon arrival, shortage, or incorrect product claims, at the fault of Kriosk or shipping company, must be made within 14 days of shipment.

To file a claim, you can call us at +1 813 502 0609 or send us an e-mail at hello@kriosk.com. Please include the words “Refund/Returns/Exchange/Unreceived or Damaged Package Request” in your subject line. Have the following information in the body of your e-mail or available during your call, for us to be able to track your order/s efficiently:

  • Order/Invoice Number
  • Item/s purchased
  • Kriosk sales contact person
  • Photos/Notes when applicable

PRICING AND PRODUCT POLICIES

Kriosk does not sell refurbished products. Kriosk is not responsible for any compatibility issues. Consult with Kriosk team before placing an order. Images on Site may not always represent the exact Product(s), please confirm before placing your order. Kriosk holds the right to change prices or discontinue products at any time, without prior notice, to remain competitive. Any quotations given by Kriosk will be valid for the period stated on the quotation.

PAYMENT POLICY, PURCHASE ORDERS AND TAXES

Kriosk accepts the following payment methods: Visa, Master Card, Discover, American Express and PayPal. Kriosk may accept International Credit Cards, Check, Wire Transfers and extended terms on a case-by-case basis.

Kriosk is based and is registered in Brandon, Florida USA. Customer is responsible for any applicable sales, use or other taxes or federal, state, or local fees or assessments associated with the order; rates vary from state-to-state and changes annually.

Any purchase order issued is due within 30 days of the shipment date of the product. Overdue Purchase Order payment incurs a 10% processing fee, charged on the 31st day the purchase order was issued, and every 30 days following the first charged processing fee. All unpaid Purchase Orders and overdue charges will be sent to a collections company after 120 days. The amount charged will be the original bill plus all late charges as described above and any and all additional costs for the engaging the collections company.

SHIPPING POLICY

Kriosk will ship anywhere in the USA. Hardware system orders require 14–21 business days for shipping. Volume orders may take longer.

Orders may be delayed because of payment, billing, or shipping verification, in order to prevent fraudulent credit card transactions. Shipping closes at 6 p.m. EST. Tracking numbers will automatically be sent to the Customer when the order has shipped. Kriosk does not process or ship orders on weekends or national holidays. Delivery times are not guaranteed. Kriosk reserves the right to use an alternative shipping method due to weight restrictions. Shipping charges when applicable, are non-refundable.

Products purchased or received under these terms and conditions are subject to export laws and regulations of the United States of America. Information to products passes from Kriosk to Customer at the time of shipment from the manufacturing facility.

BACKORDER POLICY

Kriosk will not split orders unless the Customer requests a split shipment and provides payment for each shipment, and also subject to approval.

ORDER CHANGES OR CANCELLATION POLICIES

All changes or cancellations must occur before the order is processed by the Kriosk accounting department. Cancellation requests after this time may result in a cancellation fee of 15% of the purchase order. Special orders and volume orders of 10 or more units can not be cancelled. Customers may request to make a change to or cancel their order by contacting Kriosk during the regular business hours. Changes may be processed to orders as long as the total does not exceed the value of the original order.

CUSTOMER ACCESS, SECURITY AND PRIVACY POLICY

Every order is examined by an Kriosk employee to protect Kriosk and its Customers from fraudulent transactions. Kriosk does not retain credit card information, except Customer account used for order payment.

Kriosk will never share, sell, or rent your personal information. Information provided is used solely for the fulfillment of your order and possible promotional notifications from Kriosk.

Kriosk will use your logo and name for marketing and promotional activities only.

Kriosk reserves the right to record all phone conversations and webinars for quality assurance and customer service training purposes.

The Kriosk Newsletter provides Customers with product updates, promotions, etc. Customers may unsubscribe to the newsletter at any time.

DISCLAIMERS

Kriosk holds the right to accept, decline, refuse, or cancel an order for any reason. Receipt of an electronic confirmation does not signify Kriosk acceptance of order or confirmation of Kriosk’s offer to sell. A confirmation from an authorized representative must be received as a form of confirmation.

Terms of payment are at the discretion of Kriosk.

In the event of incorrect pricing or information due to typographical error, Kriosk can refuse or cancel the order. In this case, a refund will be issued immediately. Kriosk reserves the right to make exceptions to these terms and conditions.

Taxes may be billed after an order is purchased if a state mandate affects the previous purchase order that is already in process or has been delivered.

LIABILITY AND INDEMNIFICATION

Kriosk shall not be liable for lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of possibility of such damages, or for any claim by any third party except as expressly provided herein. Kriosk shall not be liable for Products, Systems, or services not being available for use or for lost or corrupted data or software. You agree that for any liability related to the purchase of Product, Systems, or services, Kriosk is not liable or responsible for any amount of damages. The foregoing limitation of liability shall apply whether any claim is based upon principles of contract, warranty, negligence, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose, or otherwise.

The customer/s shall indemnify Kriosk from any use or purpose of the purchased product or services. Kriosk is not liable for the purpose of customer’s use for any of the products or services the customer purchased.

JURISDICTION AND VENUE

Customer agrees that any legal action brought against Kriosk shall be governed by the laws of the State of Florida without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made from Kriosk shall be an appropriate federal or state court located in Florida.

LEGAL DISCLAIMER: This is not a medical device. Statements regarding this temperature device have not been evaluated by FDA. This temperature device should not be solely or primarily relied upon to diagnose or exclude a diagnosis of Covid-19, or any other disease or health condition. Elevated body temperature in the context of use should be confirmed with secondary evaluation methods.

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