Introductory Statement
These Terms & Conditions govern all business-to-business transactions with KG Warehouse Equipment (“KG”). By accepting a quotation, issuing a purchase order, remitting payment, or otherwise placing an order, Buyer agrees to these Terms & Conditions in full.
All orders are subject to written review and acceptance by KG. No order is binding unless confirmed in writing by KG. Any additional or conflicting terms contained in a purchase order or other Buyer document are expressly rejected unless agreed to in writing by an authorized representative of KG.
These Terms constitute the entire agreement between the parties with respect to the sale of products unless superseded by a separately executed written agreement.
1. Scope of Products & Permitted Use
KG supplies infrastructure-grade warehouse systems intended solely for commercial and industrial use in warehouse, distribution, manufacturing, and fulfillment environments.
Products are not designed, marketed, or approved for residential or consumer use.
All systems must be:
- Installed in accordance with manufacturer documentation
- Used strictly within documented load ratings and configuration limits
- Maintained and inspected as required for safe operation
Improper installation, overloading, structural modification, impact damage, misuse, or use outside published specifications voids responsibility and applicable warranty coverage.
2. Quotations & Order Acceptance
All quotations are valid only for the period stated. If no validity period is stated, quotations are subject to change without notice.
Pricing, specifications, availability, and lead times are subject to confirmation at time of written order acceptance.
Verbal quotations, preliminary pricing discussions, and informal communications are not binding.
KG reserves the right to:
- Correct clerical or typographical errors
- Adjust pricing prior to written acceptance
- Decline any order
Orders may not be cancelled or modified without written approval from KG.
3. Pricing, Payment & Title
Unless expressly stated otherwise:
- Pricing excludes freight, taxes, installation, permitting, and site-specific engineering.
- Payment terms are subject to credit approval.
- KG may modify or revoke credit terms at its discretion.
Buyer is responsible for all applicable taxes unless valid exemption documentation is provided prior to invoicing.
Past-due balances may result in suspension of shipment, withholding of documentation, or cancellation of unshipped orders.
Title to products remains with KG until full payment has been received. Risk of loss transfers as defined in Section 4.
4. Freight, Delivery & Risk of Loss
Unless otherwise stated in writing, shipments are FOB shipping point (FOB Origin).
Freight charges are quoted separately unless expressly included.
Risk of loss transfers to Buyer upon delivery to Buyer’s designated location.
Buyer is responsible for:
- Providing suitable delivery access
- Ensuring site readiness
- Scheduling and receiving shipments
- Providing unloading equipment unless liftgate service is explicitly contracted
Additional charges for redelivery, detention, limited access, storage, reconsignment, or appointment rescheduling are the responsibility of Buyer.
Buyer must inspect all shipments at time of delivery. Visible damage, shortages, or discrepancies must be documented in writing on the delivery receipt prior to carrier departure.
Failure to properly note damage at delivery may limit or eliminate the ability to file freight claims.
Concealed damage must be reported in writing within the timeframe required by the carrier.
KG is not responsible for carrier delays, transit damage after risk transfer, or missed delivery appointments caused by site conditions.
5. Installation, Structural & Engineering Responsibility
Unless separately contracted in writing, KG does not provide installation services.
Buyer is solely responsible for:
- Installation and assembly
- Structural anchoring
- Slab suitability and integrity
- Soil conditions
- Seismic compliance
- Local code compliance
- Permitting and inspection
Stamped engineering drawings may be required by jurisdiction. Where site-specific engineering or stamped calculations are required, such services must be separately contracted.
KG does not assume responsibility for:
- Floor slab cracking, settlement, or failure
- Inadequate concrete thickness or reinforcement
- Seismic design compliance unless explicitly contracted
- Structural integration into existing buildings
Any field modifications, reconfigurations, or anchor substitutions void responsibility unless approved in writing.
Installation must be performed by qualified personnel.
6. Load Ratings, Configuration & Ongoing Use
Buyer is responsible for providing accurate load data, including:
- Maximum pallet weight
- Load distribution characteristics
- Point load conditions
- Dynamic loading factors
All capacity ratings are based on documented configurations and properly anchored systems.
Buyer shall not:
- Exceed rated capacity
- Modify beam levels without recalculation
- Remove anchors
- Reconfigure without written approval
KG is not responsible for damage resulting from:
- Forklift impact
- Rack collisions
- Uneven loading
- Dynamic or shock loading
- Failure to conduct routine inspections
Buyer is responsible for ongoing inspection and maintenance consistent with industry standards.
7. Order Changes, Cancellations & Storage
Orders may not be cancelled or modified after written acceptance without KG’s approval.
Custom-configured, engineered, fabricated, or made-to-order systems are non-returnable.
Cancellations after production begins may incur material, fabrication, engineering, and administrative charges.
If Buyer delays shipment beyond agreed readiness, storage fees may apply.
8. Warranty
Products are subject solely to the manufacturer’s written warranty, if applicable.
KG makes no additional express warranties.
Except as expressly stated in manufacturer documentation, KG disclaims all implied warranties, including merchantability and fitness for a particular purpose, to the extent permitted by law.
No oral representations, field statements, or informal communications create warranties.
Warranty does not cover misuse, impact damage, modification, improper installation, or overloading.
9. Limitation of Liability
KG’s total aggregate liability arising from any claim related to products shall not exceed the purchase price of the specific product giving rise to the claim.
KG shall not be liable for:
- Loss of profits
- Loss of revenue
- Business interruption
- Operational downtime
- Third-party contractual penalties
- Indirect, incidental, special, or consequential damages
These limitations apply regardless of theory of liability.
Claims must be brought within one (1) year from date of delivery.
10. Indemnification
Buyer agrees to indemnify and hold KG harmless from claims arising from:
- Improper installation
- Code violations
- Structural failure due to site conditions
- Overloading or misuse
- Unauthorized modification
11. Force Majeure & Delays
KG is not liable for delays or failure to perform caused by events beyond its reasonable control, including:
- Raw material shortages
- Manufacturing delays
- Carrier delays
- Labor disruptions
- Port congestion
- Natural disasters
Delivery dates are estimates and not guaranteed unless expressly stated in writing.
12. Governing Law
These Terms are governed by the laws of the State of Nevada, without regard to its conflict of law principles.
Any disputes arising from or related to these Terms shall be resolved in the state or federal courts located within Clark County, Nevada, unless otherwise agreed in writing.
13. Modification of Terms
KG may update these Terms from time to time.
The version in effect at the time of written order acceptance governs the transaction.