Terms & Conditions of Sale
parts.kone.com (“KONE Parts”) is accessible to anyone looking to purchase elevator, building door, or escalator spare parts. The level of accessibility is determined by the registration process. Registrations are only approved to duly existing companies within the elevator, escalator, and automatic door industry where the company can be verified with a valid VAT number. Registration and approval can take anywhere from 1 hour to 5 workdays depending on the information provided by the customer. The process can be delayed if more information is requested by the KONE Spares team from the customer. Local KONE maintenance contact information can be found at http://www.kone.com/
Clients with questions about part identification, pricing, or availability of spare parts in KONE Parts, or other KONE Parts related inquiries can directly contact us >>
1. Scope / General
Together with the provisions contained in the Legal Notice & Copyright and Return Policy, these Terms and Conditions (as they may be unilaterally amended and/or updated from time to time by KONE) are the exclusive terms and conditions applicable to the use of KONE Parts, and the purchase of spare parts from KONE Parts or the KONE Spares team. The seller of the spare parts is KONE Industrial Ltd (“KONE”). KONE’s contact information is the following:
Visiting/postal address: KONE Spares, Kuumolankatu 1, P.O.Box 674, Hyvinkää, FIN-05801, Finland
Registered address: Kuumolankatu 1, 05830 Hyvinkää, Finland
Business identity code: 1891976-0
VAT code: FI18919760
Email: email@example.com (KONE Spares team)
By registering to, accessing, or using KONE Parts, and/or purchasing spare parts via KONE Parts or by manual order via email, the Customer accepts these Terms and Conditions. The use of any other Terms and Conditions, such as those of the Customer, is expressly excluded. By purchasing from KONE Parts, the Customer waives the use and applicability of any other terms of sale and/or purchase, including without limitation, the Customer’s own Terms and Conditions, despite any potential reference into such Terms in the Customer’s order documents.
If no order has been placed within 1 year of registration or previous order, then the account will be deactivated due to inactivity. To reactivate the account, contact firstname.lastname@example.org.
Customer data will be collected and processed in accordance with KONE’s Privacy Statement when registering to KONE Parts and/or purchasing spare parts via KONE Parts or by manual order via email.
2. Offers and confirmations
All offers by KONE are non-binding as to pricing and shipping availability. All orders placed by the Customer become valid and binding at the moment the order number is provided by either KONE Parts or via email by email@example.com. Orders cannot be canceled after this due to our fast reaction time internally to support the Customer’s needs. KONE makes no guarantees or warranties, express or implied, as to the veracity or accuracy of illustrations, drawings, diagrams, weights, or other technical data or electrical values provided within KONE Parts or by email from the KONE Spares team.
3. Delivery AND AVAILABILITY
Due to possible deviations in stock, KONE does not guarantee the long-term availability of spare parts. If stock is not available on a needed part, contact the KONE Spares team at firstname.lastname@example.org for updated pricing and lead time.
The applied delivery term and the related delivery times are normally given as DAP to the shipping address as provided by the Customer (Incoterms® 2010). The given delivery times are not binding and are estimates only. Unforeseen hindrances such as force majeure, industrial disputes, malfunctions of any kind, or transport difficulties, entitle KONE to rescind KONE’s delivery obligation either in whole or in part. The Customer’s right to claim damages or compensation of any kind in such cases is expressly excluded. Customs codes, such as the United Kingdom’s EORI numbers, are to be provided by the Customer upon registration, failing which the Customer will be solely responsible for any delivery delays related thereto.
Product prices listed in KONE Parts, provided by email, or verbally by the KONE Spares team, are not binding and are provided in euros only excluding VAT and shipping fees. In case VAT is applicable to an individual delivery, it shall be added to the price in KONE Parts at the checkout. KONE expressly reserves the right to change the prices given in KONE Parts without notice at any time. Price for the shipping is calculated by the system in KONE Parts at the checkout, or by the KONE Spares team via email, after the Customer has selected the products, shipping address, and other delivery options. The final price for the products and shipping to the selected shipping address will be shown at the checkout or via email confirmation.
Packaging is included in the price unless otherwise stated. Packaging is non-returnable, except for returned electronic components which need to be in their original packaging (in accordance with Clause 9 below).
The price for the shipping is shown at the checkout or in the email confirmation and KONE does not make any guarantees that the quoted shipping method is the lowest cost shipping method available. KONE uses well-known shipping companies (for example UPS, TNT, or DHL). Standard, Express, and Same day shipping is available for select countries, for more information, contact email@example.com
KONE shall provide the Customer with a safety data sheet (“SDS”) upon delivery (if applicable) in accordance with the requirements of the REACH Regulation. The Customer acknowledges its responsibility to familiarize itself and comply with all information and precautions contained in the SDS, including but not limited to safety and health information. The Customer is solely responsible for instructing and making available such information and precautions to its personnel, agents, contractors, customers, or any third party who may be exposed to the product concerned. For any questions regarding the supply of the SDS, please contact firstname.lastname@example.org and provide your order number and the desired language of the SDS.
7. Limitation of liability
To the fullest extent allowed by applicable law, KONE shall in no event be liable for any loss of profit, loss of use, loss of contracts, loss of business, loss of customers, loss of good will, contractual liabilities of others, or for any indirect or consequential loss or damage, or punitive, special or incidental damage suffered by the Customer due to, or otherwise arising out of, or in connection with the purchase by the Customer of spare parts via KONE Parts or by the KONE Spares team. In addition, KONE shall in no event be liable for any type of loss, expense or damage whatsoever, including without limitation any direct damage, caused by or associated with:
1. The Customer’s use or inability to use KONE Parts;
2. Any information given on KONE Parts, including without limitation any inaccuracies in such information and/or the Customer’s reliance on or any other use of such information;
3. Any delay in the delivery of spare parts; and/or
4. Any information provided and/or submitted by the Customer or any lack thereof.
KONE has no liability to notify or otherwise inform the Customer about any changes and/or updates in the information, data or services contained or provided via KONE Parts or the KONE Spares team. Unless KONE expressly informs otherwise in connection with such an individual change or update, any such changes and/or updates shall become applicable as of the moment these become visible on KONE Parts and the Customer may not rely on any previous information, data or service provided.
IIn any case, KONE’s liability for any and all damage, cost, and/or expense arising out of or relating to KONE Parts and spare parts sold and delivered from KONE is limited to the price of the individual spare part.
All spare parts sold by KONE have a warranty of twelve (12) calendar months from the date of delivery to the shipping address as informed by the Customer (“Warranty”). KONE guarantees that the spare parts are free from defects in material or workmanship during the abovementioned warranty period. Any possible remedy of the defect is made, at the option of KONE, by either repairing the defects or faults or by supplying the respective correct parts to the Customer.
The Customer shall bear the risk and cost of transportation of the returned spare part to KONE. Any and all costs arising out of or in connection with the installation of any repaired or replacement parts or dismantling or uninstalling any defective parts are expressly excluded under the Warranty.
The Warranty shall not cover and is exclusive of normal wear and tear, improper or negligent use or installation of spare parts, theft, accident, vandalism or tampering of the spare part in question, or the equipment to which the spare part is installed.
Any possible warranty claims shall be sent by the Customer to KONE in accordance with the Return Policy >>
9. Returning spare parts
The Customer has a right to return fault-free spare parts subject to this right being exercised within thirty (30) calendar days from the date of delivery to the shipping address as informed by the Customer. Costs and fees associated with the return are stated in the Return Policy. As mentioned in the aforementioned process, the Customer must contact KONE Spares team at email@example.com prior to the actual return of the spare parts to indicate the Customer’s wish to return the spare parts. The returned spare parts must be received by KONE within thirty (30) calendar days from the date when the KONE Spares team confirmed to the Customer the possibility to return the part in accordance with the Return Policy.
The return shipment is at the risk and expense of the Customer. All return shipments must be accompanied by KONE’s delivery note or invoice.
Notwithstanding the foregoing, electronic components exposed to the risk of static electric shocks, including without limitation printed circuit boards, which have been sealed by their manufacturer or by KONE, can only be returned if the seal of their original antistatic packaging is unbroken.
10. Payment conditions
As a standard procedure, KONE requires a 100% down payment with a credit card or by wire transfer. KONE may for registered Customers, upon its discretion, agree on a case-by-case basis with any customer that they will be invoiced for their purchases instead of 100% down payment and in these cases, the payment is due and payable in full within 30 days of the date of KONE’s invoice. Upon its discretion, KONE may at any time require a 100% down payment for future purchases from any customer or change the payment terms otherwise.
In cases where a down payment is required and the Customer has not paid the down payment within 30 days from the date of the proforma invoice, KONE has the right to cancel the respective order and the same offer and price may not apply anymore.
All invoices are emailed from KONE’s email system to the Customer after the respective order is created. In order to make sure that all invoices reach the correct contact person of the Customer, it is the responsibility of the Customer to inform KONE immediately of any changes in contact details for emailing invoices via email or updating the Customer details in KONE Parts.
11. Intellectual Property Rights
KONE Industrial Ltd and/or KONE Corporation (together “KONE”) shall retain title and ownership of all intellectual property rights owned by such entity and relating (whether directly or indirectly) to the spare parts sold or provided by KONE, including but not limited to software, firmware, drawings, technical documentation or other technical information delivered by KONE to the Customer. The Customer shall not copy, modify or reverse engineer any spare parts, or any software, firmware, drawings, technical documentation, or other technical information supplied by or on behalf of KONE in connection with the spare parts for any purposes whatsoever or allow third parties to do the same. The Customer shall have a non-exclusive limited license and right to use the software, firmware, drawings, technical documentation, or other technical information delivered with or related to the particular spare parts supplied by or on behalf of KONE in connection with the use and maintenance of the particular equipment into which such particular spare parts were incorporated. In case the spare part is sold or otherwise transferred further to a third party the limited license as granted herein shall follow with the spare part to such transferee.
The Customer acknowledges that different license terms may apply to spare parts, where the related intellectual property rights are not owned by KONE. In case any license terms are delivered with the spare parts to the Customer, the Customer is deemed to accept these by taking the spare part into use.
12. Export control and trade sanctions
The Customer hereby represents and warrants that neither the Customer, nor any director, officer, representative or beneficiary of the Customer, is subject to international trade restrictions or trade sanctions, or other such restrictive measures including without limitation those imposed by the United Nations, European Union and/or United States (“International Trade Sanctions”).
The Customer confirms that a.) products purchased from KONE will not be sold to parties subject to international trade sanctions, b.) it does not act as an intermediary for or on behalf of any third party, whether individual person or a corporate entity, that is subject to International Trade Sanctions, c.) it will not export KONE parts to North-Korea, Cuba, Syria, Iran, Russia, Belarus or Crimea, Donetsk People’s Republic, and Luhansk People’s Republic regions of Ukraine, and d.) it will not otherwise act in a manner that would circumvent applicable trade sanctions or export control laws, rules or regulations.
KONE assumes no liability for any damages, costs, or expenses that the Customer or any other party may incur as a result of KONE being unable to deliver products due to any export control regulations, sanctions, restrictive measures, or embargoes.
13. Applicable law; Place of jurisdiction
These Terms and Conditions of business and all orders placed and purchases executed via KONE Parts or the KONE Spares team shall be governed by the laws of Finland, excluding its choice of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to the sale and purchase of spare parts between KONE and the Customer. Similarly, the Finnish Sale of Goods Act (Kauppalaki; 27.3.1987/355) shall not apply to the sale and purchase of spare parts between KONE and the Customer.
Any dispute, controversy, or claim arising out of or relating to KONE Parts, these terms and conditions of business and all orders placed and purchases executed via KONE Parts contract, or the breach, termination or validity thereof shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finnish Central Chamber of Commerce by one (1) arbitrator appointed in accordance with the said rules. The arbitration shall take place in Helsinki, Finland in the English language.
Notwithstanding the foregoing, KONE is at its sole discretion entitled to recover any unpaid payments, whether disputed by the Customer or not, from the Customer in any competent court of law and such court selected by KONE shall have full jurisdiction to settle KONE’s claim.