Effective Date: 10/25/2025

Welcome to Kinematica! By purchasing our products, you agree to the following Terms and Conditions.
Click on each section to expand for full details.

1. Orders:  Orders are confirmed when Kinematica provides written acknowledgment. Conflicting terms in your purchase order are not valid unless agreed in writing.
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   • Orders are accepted once Kinematica issues a written confirmation.
   • Any terms in Customer purchase orders that conflict with these Terms are rejected unless expressly agreed in writing.
   • Kinematica reserves the right to correct clerical or typographical errors in quotations or acknowledgments.
2. Products and Services:  Our Products include lab and industrial equipment, parts, and services. Customer responsibilities include installation, utilities, and regulatory compliance unless agreed otherwise.
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   • Products and services sold are limited to those described in the quotation or order acknowledgment.
   • Custom or specially engineered Products may require partial prepayment and are generally non-returnable.
   • Customer is responsible for installation, setup, safety equipment, utilities, and regulatory compliance unless otherwise specified in writing.
3. Pricing and Payment:  Prices are in USD, exclude shipping/taxes, and standard payment terms are 30 days. Late payments may incur interest.
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   • Prices do not include shipping, taxes, duties, or other fees unless stated.
   • Payment for standard Products is due within 30 days of invoice.
   • Late payments may incur 1.5% interest per month.
   • Title and risk of loss pass to Customer at shipment, though Kinematica may retain a security interest until full payment is received.
4. Shipping and Delivery:  Shipping dates are estimates; risk of loss passes at shipment. Customer handles shipping changes or storage.
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   • Kinematica selects the carrier and shipping method.
   • Shipping dates are approximate and not guaranteed.
   • Customer is responsible for shipping changes, storage, or special handling requests.
   • Risk of loss passes to Customer upon carrier pickup.
5. Warranty:  Equipment is warranted 12 months from delivery. Limited warranties apply to consumables and parts.
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   • Equipment is warranted to be free from defects in materials and workmanship for 12 months from delivery or 18 months from shipment, whichever comes first.
   • Consumables and parts have limited warranties as described in the applicable product documentation.
   • This warranty does not cover misuse, unauthorized modifications, accident, improper installation, or failure to follow usage instructions.
   • Kinematica’s sole responsibility is, at its discretion, to repair, replace, or refund the purchase price of defective Products.
6. Safety and Compliance:  Customer must follow all safety instructions and regulations. Kinematica is not responsible for damages from non-compliance.
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   • Customer must strictly follow all safety instructions, environmental regulations, and installation guidelines provided by Kinematica or referenced in documentation.
   • Failure to follow safety protocols and regulatory requirements may result in injury or property damage.
   • Kinematica is not responsible for damages, injuries, or regulatory violations arising from non-compliance or misuse by the Customer.
   • Customer is solely responsible for ensuring the proper, safe, and legal operation of Products in their location.
7. Liability:  Kinematica is not liable for indirect or consequential damages. Total liability is limited to the purchase price.
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   • Kinematica shall not be liable for indirect, incidental, or consequential damages, including but not limited to loss of profit or business interruption.
   • Total liability for any claim, whether in contract, tort, or otherwise, is expressly limited to the purchase price paid for the affected Product.
   • Kinematica is not responsible for damages resulting from misuse, unauthorized modification, improper installation, or failure to follow product instructions.
8. Intellectual Property:  Kinematica owns all patents, trademarks, copyrights, and designs. Products may not be copied or modified without permission.
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   • All intellectual property rights, including patents, trademarks, copyrights, and industrial designs, in the Products remain the sole property of Kinematica.
   • Customers may not copy, reverse engineer, reproduce, modify, or distribute Products or any portion thereof without Kinematica’s prior written consent.
   • Kinematica will, at its discretion, defend or settle claims of intellectual property infringement for Products it manufactures, provided the Customer promptly notifies Kinematica and provides reasonable assistance in the defense.
9. Governing Law:  Terms are governed by the laws of Bohemia, NY, USA. Disputes will be resolved by binding arbitration in Bohemia, NY.
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   • These Terms and Conditions are governed by and construed in accordance with the laws of the State of New York, USA, without regard to its conflict of law provisions.
   • Any disputes or claims arising out of or relating to these Terms shall be exclusively resolved by binding arbitration in Bohemia, New York, administered by the American Arbitration Association.
   • The prevailing party in any dispute shall be entitled to recover reasonable attorneys’ fees and costs.