🟢Warranty – MERCURY PRODUCT
- KM3KM Electronics LLC warrants that the MERCURY PRODUCT is free from defects in materials and workmanship under normal use for one (1) year from the date of purchase.
- Each MERCURY PRODUCT is tested prior to shipment.
- Customers must report any defects within seven (7) calendar days of receipt by contacting [email protected].
- Warranty service requires the customer to cover shipping to KM3KM; KM3KM will cover return shipping for verified warranty claims.
- If inspection confirms a manufacturing defect, KM3KM will repair or replace the product at no labor cost.
🟢Limitation of Liability
- To the fullest extent permitted by law, KM3KM Electronics LLC shall not be liable for consequential, incidental, indirect, or punitive damages, including but not limited to:
- Personal injury or property damage not directly caused by a verified product defect
- Damage to third-party equipment
- Loss of data, revenue, or business opportunities
- Nothing in these Terms excludes liability for gross negligence, willful misconduct, or obligations that cannot be disclaimed under applicable law.
🟢Warranty Exclusions
- This warranty does not cover damage caused by:
- Natural disasters (lightning, flood, fire, etc.)
- Improper installation, misuse, vandalism, or unauthorized modifications
- Operation outside specified limits, as verified by the internal logging system
- Shipping damage due to improper packaging by the customer
🟢Warranty – LDMOS Device Coverage
- KM3KM Electronics LLC warrants that each LDMOS device is brand new from the manufacturer and free from defects in materials and workmanship at the time of delivery to the original purchaser.
Warranty Limitations
- This warranty is strictly limited to defects present at the time of delivery.
- Once the product has been received by the customer, KM3KM Electronics LLC does not warrant the LDMOS device against damage, failure, or malfunction arising from:
- Improper installation or handling
- Misuse, abuse, or operation outside specified limits
- Operator error during setup or operation
- Modifications, tampering, or unauthorized repairs
Inspection and Verification
- KM3KM Electronics LLC may use internal logging systems, inspection, and testing to determine whether a failure was caused by improper use or operation outside specifications.
- Failures determined to be caused by customer misuse or error are not covered under warranty.
Service Policy
- While the LDMOS device itself is not warranted beyond delivery, KM3KM Electronics LLC will provide free labor for replacement or repair of the device during and after the warranty period.
- Customers are responsible for the cost of replacement parts and shipping after delivery.
- Free labor is also extended to second-hand owners, but no warranty coverage for parts or shipping applies.
🟢Order Cancellations
- Orders canceled during manufacturing are subject to transaction fees (e.g., PayPal fees), which will be deducted from the refund.
- KM3KM will not absorb these fees.
🟢Shipping and Risk of Loss
- KM3KM Electronics LLC ships products only to addresses within the United States.
- If the customer intends for the product to be forwarded internationally, the customer must arrange for a U.S.-based courier, freight forwarder, or agent to receive the shipment.
- Risk of loss and title to the product pass to the customer once KM3KM delivers the product to the carrier or courier at the U.S. destination.
- The customer assumes full responsibility for any loss, theft, or damage to the product after KM3KM has delivered it to the carrier.
- All shipments require an adult signature upon delivery. Customers are responsible for ensuring that an adult is available at the delivery address to sign for the package.
- KM3KM Electronics LLC is not responsible for:
- Loss, theft, or damage occurring after delivery to the U.S. courier, freight forwarder, or agent
- Any international shipping, customs clearance, duties, taxes, or delays once the product has left the United States
- Packages marked as “delivered” by the carrier after an adult signature has been obtained
- Any loss, theft, or damage if the carrier or courier leaves the package without obtaining the required adult signature
- Customers are responsible for filing any claims for loss or damage directly with the carrier, courier, or freight forwarder handling their shipment.
- Shipping insurance is available upon request and at the customer’s expense. If insurance is not purchased, the customer assumes all risk of loss once the product is delivered to the carrier.
🟢Product Modifications
- KM3KM reserves the right to modify product design, manufacturing processes, or manuals without obligation to update previously sold products.
🟢Governing Law and Jurisdiction
- These Terms shall be governed by and construed in accordance with the laws of the State of Florida, USA.
- Any disputes shall be resolved exclusively in the state or federal courts located in Miami-Dade County, Florida, except as otherwise provided in the Arbitration Agreement below.
🟢Arbitration Agreement
- Agreement to Arbitrate: Any dispute, claim, or controversy arising out of or relating to these Terms, the purchase or use of KM3KM products, or the relationship between the parties shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
- Location: Arbitration shall take place in Miami-Dade County, Florida, unless both parties agree otherwise.
- Individual Basis Only: Arbitration shall be conducted on an individual basis only. Class actions, collective actions, or representative proceedings are not permitted.
- Final and Binding: The arbitrator’s decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.
- Small Claims Exception: Either party may bring an individual claim in small claims court in Miami-Dade County, Florida, instead of arbitration.
🟢Limitations on Damages
- To the maximum extent permitted by law, the total cumulative liability of KM3KM Electronics LLC, whether in contract, tort, or otherwise, shall not exceed the amount actually paid by the customer for the product giving rise to the claim.
- This limitation applies regardless of the nature of the claim, including but not limited to breach of warranty, negligence, strict liability, or product liability.
🟢Force Majeure
- KM3KM Electronics LLC shall not be liable or deemed in default for any delay or failure in performance resulting from events beyond its reasonable control, including but not limited to:
- Acts of God (flood, fire, earthquake, storm, hurricane, or other natural disaster)
- War, terrorism, civil unrest, or labor disputes
- Government actions, embargoes, or regulations
- Epidemics, pandemics, or public health emergencies
- Supply chain disruptions, transportation delays, or shortages of materials
- In such cases, KM3KM’s obligations shall be suspended for the duration of the event, and performance shall resume once conditions reasonably permit.
🟢Severability
- If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
🟢Entire Agreement
- These Terms and Conditions constitute the entire agreement between KM3KM Electronics LLC and the customer with respect to the purchase and use of KM3KM products.
- They supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.
- No employee, agent, or representative of KM3KM is authorized to make any modification, extension, or addition to these Terms unless expressly agreed to in writing and signed by an authorized officer of KM3KM Electronics LLC.
🟢Amendments
- KM3KM Electronics LLC reserves the right to amend, update, or revise these Terms and Conditions at any time.
- Any such amendments will become effective upon posting to KM3KM’s official website or upon written notice to the customer.
- Continued purchase or use of KM3KM products after such amendments constitutes acceptance of the revised Terms.
🟢Electronic Acceptance
- By completing a purchase on the KM3KM Electronics LLC website, the customer is required to affirmatively acknowledge these Terms and Conditions by selecting the provided check box prior to checkout.
- This action constitutes the customer’s electronic signature and agreement to be legally bound by these Terms and Conditions.
- No purchase may be completed without this acknowledgment.
🟢Acceptance
- By purchasing equipment from KM3KM Electronics LLC, the customer acknowledges and agrees to these Terms and Conditions, including the Arbitration Agreement, Limitations on Damages, Force Majeure, Entire Agreement, Amendments, and Electronic Acceptance clause.