Terms & Conditions

All sales made by Krave Electronics, ltd. ("Krave Electronics") to its customers are subject to these terms and conditions. Purchaser's acceptance of these terms and conditions shall be made by either (i) Purchaser providing a purchase order number to Krave Electronics, or (ii) Purchaser’s acceptance of any Product from Krave Electronics, whichever occurs first. These terms and conditions shall apply to sales of all products described in Krave Electronics’ current comprehensive product listing including special order products except as otherwise noted below (collectively “Product”). The term “Special Order Product” as used herein shall mean products that are not listed in Krave Electronics’ current comprehensive product listing or products that have been configured to Purchaser’s specifications.

Customers may place orders over telephone, via facsimile, or via Krave Electronics online shopping solution (as described in our Purchasing and Shipping Policy). Krave Electronics will have no obligation to confirm the validity of any order placed or the authority of the person placing an order in this manner. Purchaser will disclose its Krave Electronics customer number only to appropriate personnel. Krave Electronics’ acceptance of any order from Purchaser is limited to these terms and conditions in their entirety without addition, modification, or exception. Any additional or different terms in Purchaser’s purchase order or submitted by Purchaser in any form are hereby deemed to be material alterations hereto and notice of objection to them is hereby given. Orders for direct shipment to Purchaser’s customers or Special Order Products may require prepayment and may be subject to additional fees. Krave Electronics will have no obligation to hold Product for future sale to Purchaser if Purchaser’s order is incomplete, on hold, or if Purchaser does not confirm it within 48 hours of notification from Krave Electronics that backordered Product is available for shipment. All Product pricing, description and availability information (“Information”) provided by Krave Electronics, in any form, is the property of Krave Electronics. Krave Electronics hereby grants Purchaser a limited, non-exclusive, non-transferable license to use the Information for Purchaser’s internal use only for purposes of Purchaser’s sales and purchases of Products sold by Krave Electronics. If Krave Electronics provides Information to Purchaser electronically, Purchaser agrees to update such Information regularly to ensure its accuracy. Purchaser agrees to hold in confidence and not to directly or indirectly use, reveal, report, publish, disclose or transfer to any other person or entity any of the Information or utilize the Information for any purpose except as permitted herein. KRAVE ELECTRONICS MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED ON THE INFORMATION. ALL INFORMATION IS PROVIDED TO PURCHASER “AS IS.” KRAVE ELECTRONICS HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, RELATING TO INFORMATION INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

All prices are subject to change without notice and will be established at time of order acceptance by Krave Electronics. Order acceptance and sale by Krave Electronics occurs at time of shipment. Prices for backordered Products are not guaranteed. In the event of an unexpected cost increase or other change, we will contact you to determine whether you want to continue your order at the new price or cancel your order. We reserve the right to decline the acceptance of any orders, in whole or in part. Krave Electronics cannot guarantee that it will be able to fulfill your orders.

U.S. Shipments - All Product shipments will be made FOB origin. Title and risk of loss will transfer to Purchaser upon Krave Electronics chosen distributor tendering the Product for delivery to the carrier. Notwithstanding anything to the contrary herein, additional charges may apply for unusually heavy or large items or for shipment of materials designated as hazardous in accordance with Federal and/or International Air Transportation regulations. COD and additional fees may also apply. Purchaser shall examine all Products upon receipt and shall notify Krave Electronics, as specified herein, of all discrepancies and refusal to accept delivery of purchased Product. Such notice shall be reasonably detailed and explain the discrepancy or why the purchased Product was refused. If Purchaser does not give Krave Electronics such notice as stated herein, Purchaser agrees that such Products have been accepted by Purchaser as of the date of shipment.

Purchaser with established Net Terms shall furnish to Krave Electronics all financial information reasonably requested by Krave Electronics from time to time for the purpose of continuing Purchaser’s credit limit. Purchaser agrees that Krave Electronics shall have the right to decline to extend credit to Purchaser and to require that the applicable purchase price be paid prior to shipment. Purchaser shall promptly notify Krave Electronics of all changes to Purchaser’s name, address, or of the sale of substantially all of its assets. Krave Electronics shall have the right from time to time, without notice, to change or revoke Purchaser’s credit limit on the basis of changes in Krave Electronics’ credit policies or Purchaser’s financial condition and/or payment record. Purchaser shall not deduct any amounts owing from any Krave Electronics invoice without Krave Electronics’ approval. A service charge of the lesser of one and one-half percent (1 ½%) per month or the maximum amount allowed by law will be charged on all past due balances commencing on the date payment is due. For non-commercial customers; no cash payments will be accepted, only credit cards (MasterCard, VISA, Discover Card and American Express) will be accepted at the time of order. For commercial customers; Payment by money orders or travelers check will be allowed only if the money order or travelers check is made out in the exact amount of the invoice; payment of one invoice through multiple money orders or travelers checks will not be permitted. Krave Electronics retains (and Purchaser grants to Krave Electronics by submitting a purchase order) a security interest in the Products to secure payment in full, and Purchaser agrees to execute any additional documents necessary to perfect such security interest. If Purchaser fails to make timely payment of any amount invoiced hereunder, Krave Electronics shall have the right, in addition to any and all other rights and remedies available to Krave Electronics at law or in equity, to immediately revoke any or all credit extended, to delay or cancel future deliveries and/or to reduce or cancel any or all quantity discounts extended to Purchaser. Purchaser shall pay all costs of collection including reasonable attorneys’ fees. Any obligation of Krave Electronics under these terms and conditions to deliver Products on credit terms shall terminate without notice if Purchaser files a voluntary petition under a bankruptcy statute, or makes an assignment for the benefit of creditors, or if an involuntary petition under a bankruptcy statute is filed against Purchaser, or if a receiver or trustee is appointed to take possession of the assets of Purchaser.

Purchaser outside the state of Ohio will not be charged with federal, state, municipal, and other government taxes (such as sales, use, etc.). Unless otherwise specified, prices do not include such taxes. For all customers located in Ohio the applicable sales tax will be added to the purchase order.

Product warranties, if any, are provided by the manufacturer or publisher of the Products. Krave Electronics makes no warranties whatsoever regarding products purchased, or information posted on this web site. While Krave Electronics makes every effort to ensure the accuracy of the data, this web site could include typographical errors and technical inaccuracies. In addition, photos may not represent actual products. Krave Electronics’ sole obligation (and Purchaser’s sole remedy) in the event of breach of any warranty shall be the repair or replacement of defective Products. IN NO EVENT SHALL KRAVE ELCTRONICS BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES OR DAMAGES OF ANY KIND OR NATURE ALLEGED TO HAVE RESULTED FROM ANY BREACH OF WARRANTY. KRAVE ELECTRONICS DOES NOT WARRANT THE MERCHANTABILITY OF THE PRODUCTS OR THEIR FITNESS FOR ANY PARTICULAR PURPOSE. KRAVE ELECTRONICS MAKES NO WARRANTY, EXPRESS OR IMPLIED, OTHER THAN THOSE SPECIFICALLY SET FORTH HEREIN.

A. Requirements - Purchaser must obtain a valid Return Material Authorization (“RMA”) number from Krave Electronics for all returns. RMAs will be issued, at Krave Electronics’ sole discretion, in accordance with our Return Policy.
RMAs are valid for fifteen (15) calendar days from the date of issuance. Purchaser must allow for in-transit time for Products to be returned, as the return must be physically receive within the fifteen (15) calendar days. RMAs will be issued for authorized returns under one of the following categories: (i) defective Products, (ii) Non-defective Products, (iii) billing or shipping discrepancies, or (iv) damaged Product. Purchaser is responsible for ensuring that the RMA number is clearly visible on the address label of the Product packaging when it is returned. Krave Electronics will refuse delivery of any boxes without a valid, clearly visible RMA number as noted above. Overgoods are unauthorized returns. Any Products received (i) without a valid RMA number, including Product shipments refused by Purchaser or Purchaser’s customer except those damaged in transit from Krave Electronics or Krave Electronics’ distributors to Purchaser, (ii) later than fifteen calendar (15) days from the RMA date, or (iii) in a condition unsuitable for resale (excluding defective Products), will be considered Overgoods. Krave Electronics or Krave Electronics’ distribution partners will return Overgoods to Purchaser or Purchaser’s customer, and will charge Purchaser a $50 processing fee per shipment plus related freight charges. If Purchaser refuses the shipment of Overgoods or returns the Overgoods a second time without Krave Electronics’ prior authorization, Purchaser agrees to relinquish all right and title to and waives all claims against Krave Electronics for credit related to such Products. Notwithstanding anything to the contrary, Krave Electronics reserves the right not to authorize the return of Products that are no longer in production or are being produced or published by a manufacturer or publisher that (i) is insolvent, (ii) has declared bankruptcy, or (iii) will not accept returns from Krave Electronics.

Billing and shipping discrepancies are for Products purchased from Krave Electronics that were invoiced or shipped incorrectly. These include lost shipments, short shipments, wrong sales, wrong shipments and pricing/invoice errors.
Purchaser may request an RMA for verified billing and shipping discrepancies within thirty (30) calendar days of invoice date. In addition, Purchaser must notify Krave Electronics of any billing discrepancies related to Purchaser’s authorized returns within ninety (90) calendar days of RMA date. Such notice shall be reasonably detailed and shall specify the discrepancy. Failure to give such notice within the time specified herein shall be deemed a waiver of Purchaser’s rights to claim such discrepancy.

KRAVE ELECTRONICS SHALL HAVE NO DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS PURCHASER FROM AND AGAINST ANY OR ALL DAMAGES AND COST INCURRED BY PURCHASER ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR THE VIOLATION OF COPYRIGHTS BY PRODUCTS.

KRAVE ELECTRONICS SHALL NOT BE LIABLE TO PURCHASER, PURCHASER'S CUSTOMERS, OR ANY OTHER PARTY FOR ANY LOSS, DAMAGE, OR INJURY THAT RESULTS FROM THE USE OR APPLICATION BY PURCHASER, PURCHASER'S CUSTOMER, OR ANY OTHER PARTY, OF PRODUCTS DELIVERED TO PURCHASER, UNLESS THE LOSS OR DAMAGE RESULTS DIRECTLY FROM THE INTENTIONALLY TORTIOUS OR FRAUDULENT ACTS OR OMISSIONS OF KRAVE ELECTRONICS. IN NO EVENT SHALL KRAVE ELECTRONICS BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR LOSS, DAMAGE, OR INJURY OF ANY KIND OR NATURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS, OR ANY AGREEMENT INTO WHICH THEY ARE INCORPORATED, OR ANY PERFORMANCE OR NONPERFORMANCE UNDER THESE TERMS AND CONDITIONS BY KRAVE ELECTRONICS, ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS, IN EXCESS OF THE NET PURCHASE PRICE OF THE PRODUCTS OR SERVICES ACTUALLY DELIVERED TO AND PAID FOR BY PURCHASER HEREUNDER. IN NO EVENT SHALL KRAVE ELECTRONICS BE LIABLE TO PURCHASER OR ANY OTHER PARTY FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF GOOD WILL, LOSS OF ANTICIPATED PROFITS, OR OTHER ECONOMIC LOSS ARISING OUT OF OR IN CONNECTION WITH KRAVE ELECTRONICS' BREACH OF, OR FAILURE TO PERFORM IN ACCORDANCE WITH ANY OF THESE TERMS AND CONDITIONS, OR THE FURNISHING, INSTALLATION, SERVICING, USE OR PERFORMANCE OF ANY PRODUCTS OR INFORMATION KRAVE ELECTRONICS SHALL PROVIDE HEREUNDER, EVEN IF NOTIFICATION HAS BEEN GIVEN AS TO THE POSSIBILITY OF SUCH DAMAGES. PURCHASER HEREBY EXPRESSLY WAIVES ANY AND ALL CLAIMS FOR SUCH DAMAGES. IN NO EVENT SHALL KRAVE ELECTRONICS HAVE ANY LIABILITY FOR ANY PRODUCTS USED FOR AVIATION, MEDICAL, LIFESAVING, LIFE-SUSTAINING OR NUCLEAR APPLICATIONS.

If Purchaser delivers the Products to its customer who may use the Products outside the United States, Purchaser acknowledges and shall advise its customer that the Products are controlled for export by the U.S. Department of Commerce and that the Products may require authorization prior to export from the United States or re-export.
Purchaser agrees that it will not export, re-export, or otherwise distribute Products, or direct products thereof, in violation of any export control laws or regulations of the United States. Purchaser warrants that it will not export or re-export any Products with knowledge that they will be used in the design, development, production, or use of chemical, biological, nuclear, or ballistic weapons, or in a facility engaged in such activities, unless Purchaser has obtained prior approval from the Department of Commerce. Purchaser further warrants that it will not export or re-export, directly or indirectly, any Products to embargoed countries or sell Products to companies or individuals listed on the Denied Persons List published by the Department of Commerce.

All Products delivered to Purchaser hereunder may have additional restrictions on their use required by the manufacturer or publisher. Purchaser is solely responsible for ensuring its adherence to any and all such restrictions and requirements. If any supplier prohibits Ingram Micro from selling specific Products to Purchaser, then Ingram Micro reserves the right not to sell such Products to Purchaser.

These terms and conditions (and any agreement into which they are incorporated) shall be construed, interpreted and enforced under and in accordance with the internal laws of the State of Ohio, excluding its conflicts or choice of law rule or principles which might refer to the law of another jurisdiction. Purchaser agrees to exercise any right or remedy in connection with these terms and conditions exclusively in, and hereby submits to the jurisdiction of the State of Ohio, Courts of Cuyahoga County, Ohio, or the United States District Court at N.E. Ohio. The state and federal courts situated in Cuyahoga County, Ohio will have non-exclusive jurisdiction and venue over any dispute or controversy that arises out of these terms and conditions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these terms and conditions.

These terms and conditions shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, successors and permitted assigns. Neither party may assign its rights and/or duties under these terms and conditions without the prior written consent of the other party given at the other party’s sole option. Any such attempted assignment shall be void. Notwithstanding the foregoing, Krave Electronics may assign any purchase order received from Purchaser to a subsidiary or affiliate upon notice to Purchaser.

If any provision of these terms and conditions 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.

Failure or delay of Krave Electronics to exercise a right or power under these terms and conditions shall not operate as a waiver thereof, nor shall any single or partial exercise of a right or power preclude any other future exercise thereof.

The captions used herein are for reference purposes only and shall have no effect upon the construction or interpretation of any provisions herein.

These terms and conditions, as published on Krave Electronics’ Web site located at www.KraveElectronics.com at the time of sale, are the official terms and conditions of sale between Krave Electronics and Purchaser and may be amended from time to time without notice at Krave Electronics’ sole discretion.

Any data, materials or information that you transmit to or post on www.KraveElectronics.com may be used by Krave Electronics for any purpose whatsoever and shall not be treated as confidential or proprietary. Notwithstanding the foregoing, all personal data transmitted to Krave Electronics will be handled in accordance with Krave Electronics ' then-current Privacy Policy. You agree not to submit to Krave Electronics (whether via this Site or by any other means) any data, materials or information which (i) libel, defame, invade privacy, or are obscene, pornographic or harassing, (ii) infringe any intellectual property rights, including, without limitation, copyrights, trademarks, trade secrets, patents or other intellectual property rights of any third party, (iii) violate any laws or regulations, (iv) advocate illegal activity or (v) advertise or otherwise solicit funds or are a solicitation for goods or services.

Any reference on this Site to any specific third party or third party commercial product, process or service by trade name, trademark, manufacturer or otherwise, does not constitute or imply an endorsement, recommendation or favoring by Krave Electronics. Links from this Site to other third party websites do not constitute an endorsement from Krave Electronics and are provided for informational purposes only. It is your responsibility to evaluate the content and usefulness of any materials or information obtained from this and other websites. Access to any other Internet site linked to this Web Site is at the user's own risk and Krave Electronics is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites.

All delivery/performance dates indicated on this Site or on Krave Electronics’ documents are approximate and are based upon the prompt receipt of all necessary information from you regarding products and/or services ordered. Krave Electronics will use commercially reasonable efforts to meet the indicated delivery/performance dates but shall not be liable for any breach of contract or held responsible for any costs or expenses incurred by you as a result of Krave Electronics’ failure to do so.
Cancellation of any order is subject to Krave Electronics’ receipt of your written notice of such cancellation before (i) any product is shipped or (ii) the services are scheduled to commence. In the event of any such whole or partial cancellation of any order, you shall pay to Krave Electronics the reasonable costs and expenses (including, without limitation, expenses and commitments to Krave Electronics’ suppliers and subcontractors) incurred by Krave Electronics prior to Krave Electronics’ receipt of the cancellation notice. Orders for non-standard, special or custom products and/or services are final and non-cancelable.