KirmussAudio prides itself in building and manufacturing quality products but in the unlikely event you have a problem with your equipment that may require repair or service, we are more than happy to assist you. If you require product repair and service please see the contact information below. WARRANTY SERVICE TO ORIGINAL PURCHASER, NOT COVERED ON DEMO EQUIPMENT OR USED EQUIPMENT OR EQUIPMENT SOLD ON eBAY, AMAZON, RAKUTEN, etc.. Warranty card must be sent into Kirmuss offices. Contact us for an RMA number prior to any return.

For service, repair and support questions in Europe:
Phone: (Mobile): +44 (0)7786 397515
Email: info@kirmussaudio.net
Web: www.kirmussaudio.net

For service, repair and support questions in the USA and other global areas not covered by our European Office and Regional Distributors:
Phone: +1 (303) 263-6353
Fax: (+1) 303 862-7170
Email: charles@kirmussaudio.com

TERMS AND CONDITIONS OF SALE.
Purchaser agrees to the following terms.
By using the product agrees to have fully read the User Manual and Warranty Statement.

Buyer abides by these conditions:
Terms & Conditions of Sale.
Revised November 1 2018

1. APPLICATION OF TERMS AND CONDITONS OF SALE
The following terms and conditions shall govern the sale by Kirmuss & Associates/KirmussAudio/Infinity Advanced Technologies/ Kirmuss-Anderson iNTELLi SmartBattery (“K&A or “Seller”) of orders for its manufactured two way radio products and accessories, microphones, GPS and PDA products and accessories and/or related products and/or standard services, and KirmussAudio products (hereinafter “Product”) sold to Customers. Customers advised where All Sales by K&A to Customer are Final. NO RETURNS. Incoterms: FOB point of shipping. Customers and are governed by these Terms and Conditions Customer take charge of lost shipments or damage. Certain additional terms may accompany the specific Product and shall apply. Check with K&A and consult the product manuals and warranty statements.

Customer agrees by ordering, purchasing and using the product to be bound by and accepts these Terms and Conditions of Sale (referred to throughout as “Terms and Conditions”).

K&A reserves the right to add, delete or amend these Terms and Conditions without prior written notice at any time, at K&A’s sole discretion.

“Customer” means any person ordering products from K&A and who has not entered into a separate formal purchase agreement with K&A with additional terms.

“K&A Products” means any hardware, software or services, etc. supplied by K&A that is branded with the K&A or Infinity brand name and/or any Kirmuss trademark and name.

“Third Party Products” refers to hardware, products or software supplied by K&A under the brand name of a third party or K&A.
“Products” means collectively both K&A and Third Party Products sold by K&A

2. QUOTES; ORDERS; PAYMENT TERMS
Terms are cash with order. Payment by credit card or wire transfer. All Sales are final. No returns. Sales subject to the terms contained in this section, any quotation provided by K&A will be valid for the duration stated in the quotation. If no duration is stated, such quotation will be valid for 30 days.

Although K&A strives to provide accurate product and pricing information, errors or misprints may occur. K&A cannot confirm the price of a Product until being contacted. Notwithstanding anything contained in this section 2, in the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, K&A shall have the right, at our sole discretion, to refuse or cancel any orders, or part of an order placed or subsequently processed by K&A for that Product and terminate the purchase agreement without further liability. In the event that a Product is priced in error or a Product information error occurs, K&A may, at our sole discretion, contact you for instructions, cancel your order and notify you of such cancellation, terminate the purchase agreement and/or correct the error on our web site and/or Product literature.

Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and K&A shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason. K&A may hold shipping up to 2 weeks to ensure that the credit card transaction is valid.

3. PRODUCT AVAILABILITY
Product availability may be limited. Products ordered may not be available for immediate delivery. K&A reserves the right, without liability or prior notice, to revise or cease to make available any or all Products. If there are any revisions to or cessation of Products, K&A may on its own ship Products which have similar functionality and specifications to the Products originally ordered.

4. PRICES, SHIPPING AND HANDLING CHARGES AND APPLICABLE TAXES
All Sales are Final. Products shipped may not be re-routed by customer. Prices quoted do not include charges for shipping and handling, and any applicable federal, state, VAT or provincial taxes, and for export out of the USA, any customs and duties unless agreed upon by K&A. Separate charges for shipping and handling if applicable may be shown separately on the invoice. Deposits received are non-refundable. Payments received are non refundable. Customer is responsible for all sales, use, goods and services, harmonized sales, VAT and other taxes associated with the order. Unless Customer provides K&A with a valid and correct tax exemption certificate applicable to the product ship-to location prior to K&A acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order and will pay them directly to their taxing authority.

5. PRODUCTS
K&A’s policy is one of on-going product update and revision. K&A may revise and discontinue Products shown on our website at any time. K&A will ship Products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible.

6. TITLE AND RISK OF LOSS OR DAMAGE; DELIVERY
Title in the Product and risk of loss shall pass to Customer from the moment the Product has been picked up at K&A’s facility or other designated by K&A and by the Carrier/Forwarder seleceted and acceptance by Customer will occur upon pick up by the Carrier/Forwarder.
K&A may deliver the Products ordered in installments. Any delivery or shipment dates given by K&A are estimates only and K&A is not liable for any loss, damage, cost or expense for any failure to deliver in accordance with the given delivery or shipment date, and is not responsible for any delays that the Carrier/Forwarder has incurred. Other carrier specific terms and conditions may apply. Consult the specific carrier for additional information or details as well as how to proceed with a claim for missing or damaged goods, not the responability of K&A.

7. RETURN POLICIES
All sales are final. You may be able to return your K&A Product for a replacement or repair if you strictly adhere to all of the terms and conditions below:
Customer has returned the warranty card within 15 days of purchase.
Customer must contact K&A for a Return Authorization Number (RMA) first.
Products without a valid and registered RMA Number on the outside of the shipping box will be returned at the expense of the Customer.
Any returned Product for repair in or out of warranty must be returned with all shipping and insurance charges pre-paid in original packaging.
Customer must follow the warranty statement with each product sold.
Customer will not be reimbursed for such charges, except where Product is being returned because it is deemed defective by K&A and solely at K&A’s discretion

8. LIMITED WARRANTY ON K&A PRODUCTS
K&A Limited Warranty statement is available for you to read prior to purchase and it will also be included with each K&A Product shipped to Customer. K&A reserves the right to modify its warranty statement at any time, in its sole discretion. Warranty is only valid upon K&A’s receipt of payment in full for the K&A Product to be warranted and where a warranty card has been received within 15 days of Product purchase.
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY STATEMENT, K&A MAKES NO OTHER WARRANTIES OR CONDITIONS AND THE WARRANTY STATEMENT IS IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS, PROMISES, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. K&A EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT STATED IN THE PRODUCT’S LIMITED WARRANTY STATEMENT. ANY IMPLIED WARRANTIES AND CONDITIONS THAT MAY BE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE APPLICABLE WARRANTY PERIOD.
TO THE EXTENT ALLOWED BY LOCAL LAW, K&A’S LIABILITY FOR K&A HARDWARE WARRANTY CLAIMS IS LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN THE APPLICABLE LIMITED WARRANTY STATEMENT. K&A does not warrant that its products are error free and bug free as the products use firmware, and depending on usage, products may create error messages and cause the product to fail. K&A’s sole obligation is to report this error to the original manufacturer and have the original manufacturer of the K&A product correct and repair the sited fault. No timetable is given for this repair. K&A will do its utmost in working with the original equipment manufacturer used to clear this problem. As in many cases, these errors are seen only after products being used in the field and under certain circumstances.

9. SOFTWARE LICENSE AND WARRANTY
Title to any software installed with the K&A Products shall remain with the applicable licensor(s). All software is subject to the applicable license agreement which is included with the Product(s). Customer shall be bound by the license agreement once the software is opened, the package is opened or its seal is broken. Warranty for any software shall be in accordance with the license agreement. K&A does not warrant that its software/firmware is error and bug free, K&A DOES NOT WARRANT ANY SOFTWARE OR PRODUCT FIRMWARE UNDER THIS AGREEMENT.

10. THIRD PARTY PRODUCTS
Third Party Products or products manufactured by a third party and labeled under the K&A/ Kirmuss Audio, or Infinity brand name may carry different warranty policies than K&A Products. Any warranty and technical support provided on a Third Party Product is provided by the original manufacturer, not by K&A. The warranties and technical support may vary from product to product. K&A’s sole responsibility if a product is manufactured by a third party whether under the manufacturer’s name or K&A’s name, is where K&A will contact the third party (the original manufacturer of the product) sitting the problem and asking for the original manufacturer to correct any deficiencies noted.

11. EXCLUSION AND LIMITATION OF LIABILITY
FOR ANY BREACH OF THESE TERMS AND CONDITIONS, K&A’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED $850 USD, OR IF LESS, THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER, TO A MAXIMUM TOTAL OF $850 USD.
IN NO EVENT WILL K&A BE LIABLE TO CUSTOMER FOR CONSEQUENTIAL, INCIDENTIAL, SPECIAL DAMAGES OR ECONOMIC LOSS (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, EXPENDITURES, INVESTMENTS, COMMITMENTS, SHIPPING DELAYS OR LOST PROFITS) ARISING FROM ANY CLAIM OR ACTION, INCIDENTAL OR COLLATERAL TO, OR DIRECTLY OR INDIRECTLY RELATED TO THE PURCHASE OF THE PRODUCTS HEREUNDER, WHETHER SUCH CLAIM IS BASED IN CONTRACT, STATUTE, TORT, IMPLIED DUTIES OR OBLIGATIONS OR OTHER LEGAL THEORY. LOSS OR DAMAGE IN SHIPMENT/TRANSIT OR LATE DELIVERY BY THE CARRIER ARE NOT THE RESPONSIBILITY OF K&A. CLAIMS MUST BE MADE AGAINST THE CARRIER FOR LOSS OR DAMAGE. CONSULT CARRIER FOR YOUR RECOURSE IF ANY.
K&A SHALL NOT BE LIABLE IF IT IS UNABLE TO PERFORM ANY OF ITS OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE, DIRECTLY OR INDIRECTLY, TO MATTERS BEYOND THE CONTROL OF K&A INCLUDING, BUT NOT LIMITED TO, THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY LABOUR DISPUTE OR SHIPPING DELAY OR ACT OF GOD.

For the purposes of this Section 11, “K&A” includes its employees, subcontractors, and suppliers.

12. GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be construed in accordance with the laws of the State of Colorado applicable therein without regard to principles of conflict of law.

13. EXPORT CONTROL
By your purchasing Product and thereby accepting this agreement you confirm that you are not located in (or a national resident of) any country under U.S. Economic embargo or sanction, not identified on any U.S. Department of Commerce Denied Persons List, Entity List of proliferation concern, on the US State Department Debarred Parties List or Treasury Department Designated Nationals exclusion list and not directly or indirectly involved in the financing, commission or support of terrorist activities or in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations (15 CRF 744) and hardware, software, technology, or services may not be exported, re-exported, transferred or downloaded to any such entity.

14. HEADINGS
The headings of each of these terms and conditions are for convenience of reference only and shall not form part of these terms and conditions. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.

15. NO ASSIGNMENT
Customer may not assign its rights or obligations under this Agreement without the express written consent of K&A.

16. INVALIDITY OF PROVISIONS
If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

17. GENERAL
K&A Products are manufactured by either itself or by outside manufacturers for standard commercial uses and are not intended to be sold or licensed for use in critical safety systems or nuclear facilities. K&A is not responsible for delay or failure to perform due to causes beyond its reasonable control. All documents referred to in these Terms and Conditions of Sale are incorporated into these Terms and Conditions of Sale and are available from K&A upon request. By ordering a K&A Product, User agrees to the above terms and conditions and any warranty conditions in the product’s warranty card.. These Terms and Conditions of Sale supersede any preprinted terms on Customer’s orders and are part of any Purchase Agreement or Product Sales. Any previous written or oral Communications or representations by either party related to the Products and may not be amended by Customer without prior written consent of K&A.

Buyer abides by the above conditions.