For Customers of Kinetico UK LTD
Order Terms & Conditions
GENERAL
These Terms and Conditions (“the Terms”) will apply to and govern any contract between Kinetico UK Limited of Bridge House, Park GateBusiness Centre, Chandlers Way, Park Gate, Southampton, Hampshire, SO31 1FQ(herein after called “Kinetico”) and the purchaser whether deemed to be adomestic dealer or an industrial purchaser (the “Purchaser”). For the purposeof these Terms a domestic dealer shall mean a purchaser that deals withresidential business (the “Domestic Dealer”). No additional terms and conditionsput forward by the Purchaser, whether printed on the Purchaser’s documents orin any other form, shall apply unless they are separately brought to theattention of Kinetico who expressly consents in writing to the incorporation ofsuch terms and conditions. If the Purchaser is a Domestic Dealer, these Termsshall incorporate the terms of Kinetico UK Limited Domestic Dealer Agreement(“Dealer Agreement”), unless the Domestic Dealer has signed an Exclusive DealerAgreement in which event these Terms shall incorporate the Exclusive DealerAgreement. For the purposes of the Dealer Agreement the Dealer shall be deemedto be the Purchaser. In the event of any conflict between these Terms and theterms of the Dealer Agreement or the Exclusive Dealer Agreement, the DealerAgreement or the Exclusive Dealer Agreement shall take precedence.
CONTRACT
For the avoidance of doubt this clause shall not apply to aDomestic Dealer in which instance the contract shall be formed in accordancewith the terms of the Dealer Agreement. Following discussions with thePurchaser, any quotation (“the Quotation”) given by Kinetico to the Purchasershall be treated as an offer and shall remain open for acceptance by thePurchaser for a period of thirty (30) or sixty (60) days as stated in theQuotation, unless Kinetico chooses to withdraw the offer before acceptance. Anyextended periods of acceptance must be expressly agreed between the parties inwriting. Depending upon the size of the order, on receipt of the order Kineticomay send an order acknowledgement letter to the Purchaser as confirmation of abinding contract.
CANCELLATION
Orders placed and accepted pursuant to clause 2 cannot becancelled except with the written consent of Kinetico, which shall be subjectto the Purchaser indemnifying Kinetico against any losses, or expenses itincurs and the immediate payment by the Purchaser of a cancellation fee oftwenty-five percent (25%) of total purchase price as stated in the Quotation.Kinetico may at its sole discretion, accept the return of unused goods within areasonable time period and the Purchaser’s account shall be credited asappropriate subject to a deduction of a fifteen percent (15%) handling chargewhich shall be retained by Kinetico. All goods returned to Kinetico must beunused and in good condition. Goods returned without the consent of Kineticowill not be accepted for credit. Kinetico may at its sole discretion terminatethe relationship between the parties on providing thirty (30) days writtennotice to the Purchaser, should Kinetico wish to cease to trade with thePurchaser. In such instance, Kinetico shall honour orders placed in accordancewith clause 2 provided that full payment of the goods is made in advance ofdelivery of the goods.
DELIVERY
Unless the parties agree otherwise in writing all pricesquoted shall be Ex- Works Park Gate, Southampton (as defined in the Incoterms2000). Kinetico will only be responsible for damage or deterioration occurringto the goods during transit when the contract price includes the cost ofdelivery to the Purchaser’s premises or nominated site and only if thePurchaser notifies Kinetico in writing of such damage within five (5) days ofdelivery of the goods at the Purchaser’s premises or nominated site, and thePurchaser has not previously signed documentation as having received the goodsin good condition.
TITLE
Ownership of the goods shall not pass to the Purchaser untilKinetico has received in full (in cash or cleared funds) all sums due to itplus VAT in respect of the goods delivered to it pursuant to this Agreement;and all other sums which are or which become due to Kinetico from the Purchaseron any account. Until ownership of the goods has passed to the Purchaser, thePurchaser must: Hold the goods on a fiduciary basis as Kinetico’s bailee. Storethe goods (at no cost to Kinetico) separately from all other products ofKinetico or any third party in such a way that they remain readily identifiableas Kinetico’s property. Not destroy, deface or obscure any identifying mark orpackaging on or relating to the goods. Maintain the goods in satisfactorycondition insured on Kinetico’s behalf for their full price against all risksto the reasonable satisfaction of Kinetico. On request the Purchaser shallproduce the policy of insurance to Kinetico. Hold the proceeds of the insurancereferred to in clause 5.2.4 on trust for Kinetico and not mix them with anyother money, nor pay the proceeds into an overdrawn bank account. The Purchasermay resell the goods before ownership has passed to it solely on the followingconditions: Any sale shall be effected in the ordinary course of Kinetico’sbusiness at full market value; and... Any such sale shall be a sale ofKinetico’s property on the Purchaser’s own behalf and the Purchaser shall dealas principal when making such a sale. The Purchaser’s right to possession ofthe goods shall terminate immediately if: The Purchaser has a bankruptcy ordermade against it or makes an arrangement or composition with its creditors, orotherwise takes the benefit of any legislation for the time being in force forthe relief of insolvent debtors, or (being a body corporate) convenes a meetingof creditors (whether formal or informal), or enters into liquidation (whethervoluntary or compulsory) except a solvent voluntary liquidation for the purposeonly of reconstruction or amalgamation, or has a receiver and/or manager,administrator or administrative receiver appointed of its undertaking or anypart thereof, or a resolution is passed or a petition presented to any courtfor the winding up of the Purchaser or for the granting of an administrationorder in respect of the Purchaser, or any proceedings are commenced relating tothe insolvency or possible insolvency of the Purchaser; or The Purchasersuffers or allows any execution, whether legal or equitable, to be levied onhis/its property or obtained against him/it, or fails to observe/perform any ofhis/its obligations under the Terms or any other contract between the Purchaserand Kinetico, or is unable to pay its debts within the meaning of Clause 123 ofthe Insolvency Act 1986 or the Purchaser ceases to trade; or... The Purchaserencumbers or in any way charges any of the goods. Kinetico shall be entitled torecover payment for the goods notwithstanding that ownership of any of thegoods has not passed from Kinetico. Until such time as the property in thegoods passes from Kinetico, the Purchaser shall upon request deliver up toKinetico such of the goods as have not ceased to be in existence or resold. Ifthe Purchaser fails to do so Kinetico may enter upon any premises owned,occupied or controlled by the Purchaser where the goods are situated andrepossess the goods. Upon the making of such a request the rights of thePurchaser under clause 5.3 shall cease.
PAYMENT
Unless the parties agree otherwise, payment for goodssupplied under these Terms is due in accordance with the payment terms statedin the Quotation. If no such terms are stated in the Quotation, payment shallbe due thirty (30) days from the date of the invoice. Where payment of theprice or any part there of is not made by the due date Kinetico shall beentitled to: 6.2.1. Charge interest on the outstanding amount at the rate of 8%above the official dealing rate per annum or such rate as may be varied fromtime to time pursuant to the Late Payment Commercial Debts (Interest) Act 1998.This rate will be charged daily for each day the payment remains overdue. Whereprincipal and interest is owed, unless payment is accepted on other terms, anypart payment of the debt will go to reduce the amount of interest first; and...Recover from the Purchaser any costs incurred by Kinetico in pursuance of thedebt, including reasonable legal fees; and... require payment in advance ofdelivery of any undelivered goods; or... refuse to make delivery of anyundelivered goods without incurring any liability whatsoever to the Purchaserfor non-delivery or any delay in delivery.
EXCLUSIONS
If the Purchaser is deemed to be an industrial purchaser thefollowing exclusions shall apply to all contracts and such exclusions may onlybe varied or deleted with the approval of Kinetico, evidenced by a signature ofa Director of Kinetico against any deletion: Kinetico shall not be responsiblefor any: Civil Works including, but not limited to, buildings, trenches,drains; or... Unloading of delivery vehicles, carriage, labour associated withthis; or... Site works not specifically included in correspondence and agreedto by Kinetico; or... Chemical supplies whatsoever; or... Costs of any delayshowsoever arising; or... All specification other than those issued by Kinetico;or... Electrical isolators; or... Electrical supplies, wiring and cabling apartfrom inter-connecting electrical instruments and equipment with the limits ofsupply; or... variations in nature of input water or other governing data tothe plant which directly or indirectly affects performance of the goodssupplied by Kinetico. Prices quoted shall exclude all VAT, import duty, localtaxes, tariffs that may be applicable from time to time.
WARRANTY
Kinetico hereby warrants that the goods it supplies willperform in accordance with the product specification provided with the goodsfor a period of twelve (12) months from the date of delivery, except: Whengoods are installed and made fully operational by a third party the warrantyshall not exceed fourteen (14) months from the date the goods were dispatchedby Kinetico; and... When goods are deemed by Kinetico to be supplied to asubcontractor of the Purchaser, the warranty is as agreed in writing at thepoint of sale, which in any event shall be for a period no less than twelve(12) months from the date of delivery. In respect of any services to beprovided to the Purchaser, Kinetico shall perform any such services usingreasonable care and skill. Kinetico hereby warrants that any replacement partsprovided to the Purchaser as part of the service will perform in accordancewith the product specification provided with the replacement parts for periodof twelve (12) months from installation. Save as expressly provided in thisclause 8, all other conditions, warranties, terms, undertakings andrepresentations of any kind whatsoever, express or implied, whether by statute,common law or otherwise, in respect of the goods are herby excluded by Kineticoto the fullest extent permitted by law and Kinetico shall have no otherobligation, duty or liability whatsoever in contract, tort, statute orotherwise to the Purchaser.
LIMITATION OF LIABILITY
Not withstanding any other clause of these Terms, Kineticoand the Purchaser do not exclude or limit liability for: Personal injury ordeath arising from the negligence or willful default of either party, itsservants, dealers or subcontractors; or... Any fraudulent misrepresentation.Kinetico shall not be liable to the Purchaser whether in contract, tort, bystatute or otherwise in respect of any loss of profits and/or for any special,indirect, incidental or consequential loss or damage suffered by the Purchaserhowsoever caused including without limitation: Loss due to delay in deliveryetc.; and/or... Loss of production; and/ or... Loss of profits; and/or... Lossof use; and/or... Loss of business; and/or... Loss of goodwill; and/or... Lossof anticipated savings; and/or... Loss to other property; and... Loss relatingto the procurement by the Purchaser of any substitution goods and services. Forthe avoidance of doubt, neither the type of loss and/ or damage specified abovein this clause 9, nor any similar type of loss and/or damage shall constitutedirect loss for the purpose of the contract. Except as expressly provided inclause 9, the total liability of Kinetico under these Terms shall not exceedthe value of the goods in each order or the combined value of the services andthe goods to be provided, if services are to be provided. A person who is not aparty to these Terms has no right under the Contracts (Rights of Third Parties)Act 1999 to enforce any term of the contract, but this does not affect anyright or remedy of a third party which exists or is available apart from thatAct. Kinetico shall not be held responsible for any event beyond the reasonablecontrol of Kinetico which prevents Kinetico from performing its obligationsunder these Terms.
STORAGE
Kinetico shall notify the Purchaser when the goods areavailable for collection and delivery. If the Purchaser is to either collectthe goods from Kinetico or provide delivery instructions and details toKinetico to allow Kinetico to deliver the goods and the Purchaser fails to doso within fourteen (14) days after notice that the goods are available,Kinetico shall at its sole discretion, either deliver the goods to thePurchaser at the expense of the Purchaser or arrange storage of the goods atthe expense of the Purchaser. Kinetico will notify the Purchaser of alladditional charges incurred by Kinetico including, but not limited to, storage,insurance and delivery costs for which the Purchaser shall make immediatepayment on receipt of an invoice from Kinetico. Goods shall not be released tothe Purchaser until all additional charges have been paid.
RISK
All goods are at the risk of the Purchaser from the time ofcollection by the Purchaser or the time of delivery by Kinetico.
NOTICE
Any notice or other communication to be given under or inconnection with this Agreement shall be given in writing and sent by firstclass post, e-mail or facsimile to the registered address of each party or suchother address as either party may substitute by written notice to the other. Anotice shall be deemed delivered within three (3) working days of posting inthe case of first class post; twenty four (24) hours after sending the e-mailin the case of e-mail and on completion of the transmission in the transmissionreport in the case of facsimile.
CONFIDENTIALITY
These Terms are confidential and the Purchaser shall takeall reasonable steps to ensure the Terms including the price at which the goodsare sold, remain confidential. The Purchaser may not disclose the terms or makeany public announcement about the relationship the parties have entered intowithout the prior written consent of Kinetico, save for any disclosure thePurchaser is required to make by law.
AFTER SALES SERVICE PROVIDED BY KINETICO
If requested by the Purchaser, Kinetico shall visit the sitewhere the goods are to be, or have already been installed. Such visits to occurat intervals to be agreed between the parties to supervise the installation andconfirm that the goods are fully operational. Kinetico shall give the Purchaserprior notice of each visit. In addition to purchasing the goods, there will bea cost for this service and an extra charge will be made for materials usedduring the visits and where applicable additional charges will be made forhotel accommodation and reasonable expenses incurred. Prices quoted are basedon work to be carried out during normal working hours (8:30am-5.00pm GMT)Monday to Friday inclusive, but excluding Bank Holidays in England and Wales.Additional charges may be incurred for any work carried out outside thesehours. On completion of each service visit the Kinetico Engineer will providefor signature a report which the Purchaser will sign as acknowledgement of thevisit. Service work will be carried out in accordance with the particulars andspecifications of Kinetico. These Terms and Conditions of Business shall besubject to and construed in accordance with English Law and the parties submitto the exclusive jurisdiction of the English Courts.
For Customers for Kinetico SPAIN, SLU
INTRODUCTION
These General Terms and Conditions of Sale of KINETICO SPAIN, S.L.U. (hereinafter, “KINETICO”) govern the online sale of Kinetico products to professional clients, and are not applicable to individuals acting as end consumers, via our website: https://portal.kinetico.eu.
Access to https://portal.kinetico.eu is restricted to professional clients (hereinafter, “Professional” or “Client”) who have been previously registered in Kinetico’s system and provided with a username and password. This includes businesses and self-employed individuals operating within the scope of their commercial, business, trade, or professional activities, and who have a professional address in Spain or within the European Union.
Any individual acting on behalf of a legal entity declares that they possess sufficient authority to represent said entity at the time of the transaction.
These general terms and conditions may be modified at any time by Kinetico. However, purchases made prior to such modifications will not be affected and will remain subject to the terms in effect at the time the order was placed.
Please read these General Terms and Conditions of Sale, our Cookie Policy, and our Privacy and Data Protection Policy carefully before using this website. By using our website or placing an order through it, you consent to be bound by these policies.
OUR DETAILS
The details of KINETICO are as follows:
Company Name: Kinetico Spain, S.L.U.
Registered Office: c/Aiguafreda, 8 (Polígon Industrial Ametlla Park), 08480, L’Ametlla del Vallès (Barcelona)
Tax Identification Number (N.I.F.): B-60326279
Registered in the Mercantile Registry of Barcelona: Protocol 2185, Sheet No. 94459, Folio 0040, Volume 25843, General Section
Telephone: 902 305 310 / +34 936 934 300
Email: portal@kinetico.eu
YOUR DATA
The data you provide during the purchase process or previously will be processed in accordance with our Privacy Policy.
Should the Client wish to modify any of the data registered in Kinetico’s system, they must contact Kinetico directly.
INTELLECTUAL PROPERTY
© Copyright 2025 KINETICO SPAIN, S.L.U. All exploitation rights reserved. The intellectual property rights over the entire content of this website (including logos, registered trademarks, texts, images, videos, and any other visual or auditory elements) are owned by KINETICO SPAIN, S.L.U. Reproduction, retransmission, copying, transfer, or dissemination, in whole or in part, of its content without express written authorisation is prohibited. Non-compliance with this prohibition entitles Kinetico to take legal action as provided under the Intellectual Property Law, including the adoption of precautionary measures stipulated therein.
CONTENT AND LINK LIABILITY
KINETICO SPAIN, S.L.U. assumes no responsibility for any infringements committed by users or for any damages resulting from the use of this website.
KINETICO SPAIN, S.L.U. reserves the right to update and modify information without prior notice and is not responsible for the content, accuracy, or errors in the links accessible through the website. The sole purpose of these links is to provide users with information that may be of interest.
PRODUCTS
The products available for each Professional are those displayed in their portal profile upon logging in with their username and password.
Products are presented in accordance with legal recommendations and as accurately as possible; however, there may be differences between the products shown on the website and those delivered. Images accompanying the products are for illustrative purposes only. Kinetico reserves the right to make partial or total changes to its products, as well as to the descriptive and/or photographic fields on the website.
ORDERS
The Professional must access their profile on the website using their username and password to place an order. Selected products should be added to the shopping cart, allowing the Professional to verify order details, total final price, and make changes before finalising the order.
All products in the order are subject to availability. In the event of unavailability of one or more requested products or supply difficulties, this will be indicated on the website. If not, Kinetico commits to contacting the Professional as soon as possible to inform them of any substitute products of equal quality and value or the upcoming availability date. The Client will then have the option to wait until the product is available or to cancel the order, in whole or in part.
Any offer made by Kinetico is subject to the validity period indicated therein or, failing that, for the period accessible to the user.
PRICE
Product prices are in euros, excluding VAT, and are understood to be "ex-works" from Les Franqueses del Vallès (Barcelona) (EX WORKS), including packaging. All taxes, duties, and any other expenses are the responsibility of the Professional user. Shipping costs are not included, except under special conditions previously agreed upon between the parties.
Kinetico reserves the right to modify product prices at any time. However, these changes will not affect orders that have already been confirmed prior to the variation.
PAYMENT AND INVOICE
The accepted payment methods will be those specified by the Customer in their customer profile within the Kinetico system.
The order will be confirmed once the payment has been validated and its receipt confirmed.
Kinetico will send an email with an order confirmation, including details of the purchased products, prices, discounts, and any applicable charges.
Additionally, the Customer will receive the invoice for the order at the email address registered in their portal profile.
Upon placing and accepting the order, the party responsible for arranging and/or covering the transport cost will be determined. If the cost is to be borne by the Customer, the corresponding amount will be reflected in the invoice, provided that the transport has been arranged by Kinetico.
DELIVERY
The products will be delivered to the Customer at the delivery address selected via the Portal, which must already be recorded in their customer profile within the Kinetico system, and is confirmed prior to finalising the purchase.
Transport will be arranged according to the option selected by the Customer when placing the order:
Collection from our warehouse: no additional cost.
Home delivery: the cost will be specified once product availability has been confirmed.
This information will also be included on the invoice, if the transport is managed by Kinetico.
The estimated delivery time and expected delivery date will be indicated in the order summary and in the confirmation email. Deliveries will take place Monday to Friday, excluding public holidays.
The indicated delivery times are approximate, and Kinetico will make every effort to meet the expected delivery date. Kinetico will not accept penalties or be held responsible for delays due to force majeure or causes beyond its control. In the event of a delay, the Customer shall not be entitled to cancel the order or claim compensation from Kinetico.
The shipment will be notified to the Customer by email once it has left the warehouse, including the name of the transport company.
An order is considered delivered once the carrier delivers the product(s) to the address provided and to the Customer or a third party designated by the Customer, as evidenced by the signature on the delivery receipt.
Kinetico shall not be held responsible for any failure to deliver the product(s) due to incorrect or incomplete information provided by the Customer.
Kinetico reserves the right to cancel any order when deemed necessary, notifying the Customer and providing justification for the decision not to fulfil the order due to reasons beyond its control or force majeure, such as traffic accidents, severe weather conditions, or other circumstances. In such cases, the Customer may choose to receive a similar order once the issue has been resolved, or to be reimbursed for the amount paid.
The Customer must inspect the goods upon delivery and note any visible issues on the delivery slip. Additionally, any incident must be reported to Kinetico via email at portal@Kinetico.eu
within 24 hours of receipt, including photographs of both the product and its packaging. Kinetico will not be responsible for any replacements if these conditions are not met.
RETURNS
Returns are not accepted unless due to shipping errors by Kinetico or defective products covered by warranty. In such cases, to proceed with the return, the invoice and corresponding prior order must be provided. Failure to provide this documentation will result in the denial of the merchandise return. In any case, no returns will be accepted without prior written authorisation from KINETICO. If agreed upon, the material must be sent properly packaged, with shipping costs prepaid, to our warehouses in L’Ametlla del Vallès. Returns of special orders tailored to the characteristics and plans requested by our clients will not be accepted under any circumstances.
Corresponding credits will be noted in the account and deducted from future invoices.
CANCELLATION
Without prejudice to other claims that may correspond to Kinetico, we reserve the right to terminate any transaction in the event of the Client's breach of any of these conditions, as well as in cases of partial or total non-payment of an order, delays in payment for previous supplies, existing claims against the distributor, or indications of insolvency or failure to meet their obligations as a business entity.
RESERVATION OF TITLE
Kinetico reserves ownership of the sold goods until the buyer has made all payments, reserving the right to withdraw them, in whole or in part, from the Client's premises.
WARRANTY
Kinetico Spain, S.L.U. commits to honouring the legal warranty of the products and services offered on its website, in accordance with applicable legislation and Kinetico's general terms and conditions of sale.
CUSTOMER SERVICE
For any questions, inquiries, requests, suggestions, or incidents, you can contact us via telephone at 902 305 310 / +34 936 934 300, by email at portal@kinetico.eu, or by postal mail at the following address: c/Aiguafreda, 8 (Polígon Industrial Ametlla Park), 08480, L’Ametlla del Vallès (Barcelona).
MARKETING AND REGULATORY COMPLIANCE
The Client must maintain a standard of conduct aligned with the ethical principles that should govern business activity, acting responsibly, honestly, and with integrity towards their own clients. The Client must also comply with all applicable regulations, particularly those concerning users and consumers. Furthermore, the Professional shall act in their own name and on their own account, assuming full responsibility for their actions towards their clients, as well as the legal and commercial risks of their business activity. The Professional must also comply with all legal requirements applicable to the exercise of said activity.
APPLICABLE LAW AND JURISDICTION
The legal relationship between the Parties shall be governed by Spanish law. Any legal action that may arise between the Parties shall be submitted to the Courts and Tribunals of the city of Granollers, with the Professional expressly waiving any other jurisdiction that may correspond to them.