Please always contact our Customer Support Service by email prior to processing your return, explaining the reason for return of product, with sufficient documentation such as pictures.
Our Customer Support Service will examine the complaint upon receipt.
If the return is accepted after investigation of the information received from you, our Customer Support Service will send you a Return Merchandise Authorization (RMA) number that must be referred to in all communication regarding the product return.
Please mention this RMA number clearly on the documents accompanying the product returned.
Product returns are shipped by the Buyer at his own cost, following our Terms & Conditions :
Article 7 - Shipping & Delivery
7.1 All orders are released for delivery once completed; there are no partial deliveries. All of our products are produced in-house and are available within 2 weeks; provided all components are in stock. Therefore we carry limited stock of finisched products.
7.2 Bulk orders or products made to order are subject to a lead time starting from receipt and full payment of the order. In this case, the lead time will be communicated to the Buyer and will not be reason for cancellation by the Buyer without written approval of the Seller. These orders are considered “NCNR” or “CS” as described in Article 5 of our Terms and Conditions.
7.3 All deliveries will be made EXW (Ex Works as defined in Incoterms) Seller’s facility. Subject to Seller's right of stoppage in transit, delivery of the Products to the carrier shall constitute delivery to Buyer and title and risk of loss shall thereupon pass to Buyer. Selection of the carrier and delivery route shall be made by Seller. Buyer acknowledges that delivery dates provided by Seller are estimates only and Seller shall not be liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of Seller, nor shall the carrier be deemed an agent of Seller. In the event of delay caused by such event, the date of delivery shall be extended for a period equal to the time lost as a consequence of the delay in delivery without subjecting Seller to any liability or penalty.
Article 8 - Product Acceptance and Product Returns
8.1 Shipments will be deemed to have been accepted by Buyer upon delivery of the said shipments to Buyer unless rejected upon receipt. Upon receipt of delivery, the Buyer is obligated to promptly, but in no event later than five (5) business days of delivery, after which time Buyer will be deemed to have irrevocably accepted the Products. Furthermore, the Buyer will keep appropriate evidence of such process for Seller to review upon request.
8.2 Provided that the Buyer notifies Seller in writing within five (5) Business Days of Delivery Date of the relevant Product and upon written consent from the Seller, the Buyer may return the Products which are:
(i) damaged in transit, provided that the damage is not caused by the Buyer;
(ii) incorrectly shipped, provided that the fault is not due to incorrect ordering by the Buyer;
8.4 For the purpose of this Article, the Buyer is obligated to follow the procedures laid out in the KempoTronic Return Policy, available upon request.
8.5 Upon returning the Products, the Buyer is obliged to ensure that Products are well-packaged either in its original packaging or packaging providing an equal degree of protection to ensure protection during shipment. The Buyer will be liable of product damages occurring due to improper packaging.
8.6 Any Product return shall be subject to a restocking charge equivalent to 50% of the value of such Product as specified in Seller’s invoice to Buyer.
Article 10 - Warranty & Liability
Kempower Motorsport NV warrants to the Buyer that the KempoTronic Products supplied hereunder are free of manufacturing defects and are supplied in accordance with their technical specifications at the time of delivery.
The Buyer hereby declares that it understands and agrees with the terms of the Seller warranty :
10.1 The warranty period is 90 days from the date of purchase by Buyer. Buyer shall be deemed to have accepted this warranty upon acceptance of the products from Seller.
The warranty extends to the end-user, provided that the Product has been installed and adjusted by the Buyer and according to the guidelines in the manual on USB-stick delivered with the Product. This warranty is not transferrable and only applicable to the Product.
Seller assumes no liability for the quality of the work performed or services rendered by the Buyer or third party vendors/service providers.
10.2 During the warranty period, Seller will replace or refund, at Seller’s option, any new part that fails due to a defect in its Product under normal use and service after proper installation.
Seller’s exclusive obligations with respect to a non-conforming Product shall be, at Seller’s option, to repair or replace the Product, if it is determined to be defective, or to refund to Buyer the purchase price paid for the Product. Notwithstanding anything herein to the contrary, the liability of Seller under this Section 10.2 for all claims shall not exceed the sum of Buyer’s payments for the Products which are the subject of the dispute and the foregoing is Buyer’s sole and exclusive remedy for all claims under this Section 10.
10.3 The foregoing warranties are the sole warranties, express or implied, given by Seller in connection with the products, and Seller disclaims all other warranties, including, but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights and warranties against latent defects.
10.4 Replacement Products shall be warranted as set forth in Section 10.1 above. Any Products repaired or serviced by Seller shall be warranted as provided in this Section 10.a for the remainder of the Seller’s warranty period.
10.5 No warranty shall apply to any Product that has been subject to misuse, improper testing, assembly, mishandling, or which has been operated contrary to Seller’s instructions relating to installation, maintenance or operation, or contrary to industry standards.
10.6 Seller disclaims, and shall have no liability for any trademark, trade dress, trade secret, copyright, design or patent infringement, or any other intellectual property right, which may occur, as a result of the sale of Products to Buyer. There shall be no remedy or recourse against Seller to the extent the infringement arises from or is otherwise based upon
- (i) the Seller’s compliance with the particular requirements of Buyer that differ from the Seller's standard specifications for the Product;
- (ii) modifications or alterations of the product other than by the manufacturer; or
- (iii) a combination of the Product with other items not furnished or manufactured by the Seller
The Buyer undertakes to not modify, customize or making alterations on Products and/or Software, unless authorised in writing by Seller. In the event of the Customer performing unauthorised modification or customization of Products and/or Software, the warranty rights afforded by Seller are void.
Seller shall have no liability in the event the Buyer made any unauthorised modification or customization of Products and/or Software. The Buyer indemnifies Seller, its officers, agents, or employees against all claims, liability and expenses including legal fees arising from any third party claim or proceeding brought against any of them in connection with unauthorised modified Products or Software.
10.7 Buyer shall not in any event be entitled to, and Seller shall not be liable for, indirect, special, incidental or consequential damages of any nature including, without limitation, business interruption costs, removal and/or reinstallation costs, procurement costs, loss of profit or revenue, loss of data, promotional or manufacturing expenses, overhead, injury to reputation or loss of Customers, even if Seller has been advised of the possibility of such damages. Buyer’s recovery from Seller for any claim shall not exceed Buyer’s purchase price for the product given rise to such claim irrespective of the nature of the claim, whether in contract, tort, warranty, or otherwise. Seller shall not be liable for and Buyer shall indemnify, defend and hold Seller harmless from any claims based on Seller’s compliance with Buyer’s designs, specifications or instructions, or modifications of any products by parties other than Seller, or use in combination with other products. If, for any reason, the foregoing limitations are found by an arbitration panel or court of competent jurisdiction to be invalid or inapplicable under any applicable state or provincial law, Buyer agrees that Seller’s total liability for all damages, losses, or cause of action of any kind or nature shall be limited to Buyer’s purchase price for the product, irrespective of the actual damages without regard to any punitive or exemplary damages provided by any such applicable law.
10.8 Buyer acknowledges that this Agreement was entered into at arm's length and that it was not fraudulently induced to enter into this Agreement, in whole or any part, and Buyer explicitly disclaims and waives any claim with respect thereto.
10.9 This warranty does not cover labour costs or incidental, indirect, special or consequential damages such as, but not limited to, physical injuries or property damage of the Buyer and/or third parties, loss of time, loss of use of the vehicle, inconvenience, rental vehicle charges, towing charges or accommodations resulting from a defect in or failure of the part.
10.10 This warranty and liability cannot be transferred to any third party or owner of the car, to which the Product has not been sold to by Seller.
10.11 Limitation Period : Subject to any of the limitations expressed in the applicable warranty, no action by Buyer may be brought at any time for any reason against Seller more than six (6) months after the facts occurred upon which the cause of action arose.
10.12 Exclusion of Warranty :
- Failure due to: accident or collision; misuse, abuse or modification; chemical fallout; salt, hail, or other environmental conditions including natural disasters; marine use; improper installation; installation of an incorrect part; and damages caused by other faulty parts.
- Parts under manufacturer's recall for a related problem.
- Parts installed on vehicles used off-road or for racing purposes.
- Parts installed on a commercial-use vehicle after 90 days.
- Normal wear and tear.
- Used or salvage parts.
- Parts installed on commercial-use vehicles are warranted for 90 days from the date of purchase only, regardless of any longer warranty period that may be printed on your sales receipt.
Please herewith find the link to our full Terms & Conditions .