These Terms and Conditions shall apply to sales of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless this has been agreed to by the Seller in writing. Any variation to these Terms and Conditions (including any special terms and conditions agreed to between the parties) shall be inapplicable unless agreed in writing by the Seller.
The price shall be the Recommended Retail Price, unless otherwise agreed in writing between the parties. The price is exclusive of VAT or any other applicable costs, sales tax, excise tax, or use tax.
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract.
Unless otherwise agreed in writing, the goods shall be shipped to the address specified by the Buyer on the date estimated by Seller, or as close as possible to the date estimated by Seller. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Seller is responsible only for delivering the goods to the carrier for shipment. The risk of loss shall pass to the Buyer when the goods are delivered to the carrier. This contract shall be F.O.B. Seller's place of business. Shortages, over deliveries, and duplicated orders must be reported to the Seller within 14 days of signed receipt to enable replacement or refund. Kinetic Co will not ship internationally EXCEPT to customers in Canada and Mexico, as well as all APO/FPO locations.
Where the Buyer chooses to collect the Goods itself, the risk shall pass when the Goods are entrusted to the Buyer or set aside for the Buyer's collection, whichever happens first.
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
The Seller shall not take back Goods that were manufactured by a party other than the Seller, whether defective or not. Products manufactured by outside suppliers and added to Seller's products are subject to any warranties of the outside supplier and not of Seller. Such Goods must be returned to the manufacturer and not the Seller. All Goods are sold on a firm sale basis, i.e. the Seller will not take back any Goods sold to the Buyer, unless otherwise agreed to by Seller, in which case the following terms apply:
In the event that Seller's Product is found to be defective (“Defective Product”) within one (1) year of delivery, Buyer shall promptly notify Seller through the same process described in Seller's Returns FAQ. The notice shall state, in detail, the specific nature of the defect and contain evidence supporting the existence of a defect, including any photographic evidence. Any Defective Product shall, at Seller's sole discretion, be replaced or refunded. Buyer shall follow Seller's instructions as to the disposition or return of said product. This policy refers only to product manufactured by Seller and not to any third-party product incorporated into Seller's product.
These items are controlled by the U.S. Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any other person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations.
Certain Goods offered for sale by the Seller may be subject to federal, state, or local laws and regulations governing their sale, shipment, possession, or transfer. The Buyer is solely responsible for determining whether the Goods may be lawfully purchased, shipped, received, or possessed in the Buyer's jurisdiction and in any jurisdiction to which the Goods are shipped. By placing an order, the Buyer represents and warrants that the transaction and intended possession of the Goods complies with all applicable laws and regulations. The Seller makes no representation regarding the legality of any Goods in any particular jurisdiction and shall have no obligation to verify the legality of any order. The Seller reserves the right, in its sole discretion, to refuse or cancel any order that it believes may violate applicable law or policy, without liability to the Buyer.
SELLER SHALL NOT BE LIABLE UNDER ANY SECTION OF THIS AGREEMENT OR UNDER ANY CONTRACT, IN NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REPUTATION), WHETHER OR NOT IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS IN ADVANCE. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD PARTY CLAIMS AGAINST THE OTHER PARTY. IN NO EVENT WILL SELLER BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY BUYER. IN ADDITION, IN NO EVENT WHATSOEVER SHALL SELLER'S TOTAL LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT ACTUALLY RECEIVED BY SELLER FROM BUYER FOR THE PRODUCT INVOLVED.
Seller warrants its Products against defects in materials and workmanship for a period of one (1) year from the date of delivery to the original Buyer (“Warranty Period”).
This warranty covers:
This warranty does not cover, and Seller shall have no liability for:
If a Defective Product is identified during the Warranty Period, Buyer shall notify Seller in accordance with Section VIII. Seller shall, at its sole discretion, repair or replace the Defective Product. Proof of purchase is required for all warranty claims.
EXCEPT AS EXPRESSLY STATED IN THIS SECTION XII, THE PRODUCT IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND. SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH WARRANTIES CANNOT BE LAWFULLY DISCLAIMED UNDER APPLICABLE LAW. SELLER DOES NOT WARRANT THAT THE PRODUCT WILL OPERATE UNINTERRUPTED OR BE ERROR-FREE, OR THAT ALL DEFECTS WILL BE CORRECTED.
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties, as determined by the Seller.
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
This Agreement shall be governed by and construed in accordance with the laws of California and the parties hereby submit to the exclusive jurisdiction of the courts of California, with such venue exclusively is San Bernardino County, California.
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:
Kinetic Co
www.kntx.org
33562 Yucaipa Blvd #330, Yucaipa, CA 92399
info@kntx.org
Updated: 04 July 2026
