TK Elevator Corporation General Terms and Conditions

1. Introduction

The General Terms and Conditions (the Terms) govern the relationship between TK Elevator Corporation (TK Elevator, we, us, or our) and any customer, client, contractor, supplier, or other party (you or the Customer) that uses TK Elevators products, services, or solutions. By placing an order, signing a contract, or otherwise engaging with TK Elevator, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

TK Elevator is a global manufacturer and service provider for elevators, escalators, moving walkways, and related digital solutions. The Terms apply to all commercial, residential, and industrial projects, whether the scope is design, supply, installation, modernization, maintenance, or remote monitoring.

2. Scope of Services

TKElevators services are categorized into the following core areas:

• Supply & Installation: Delivery of new equipment, complete system integration, and onsite installation.
• Modernisation: Replacement of components, software upgrades, and performance enhancements for existing equipment.
• Maintenance & Repair: Scheduled preventive maintenance, corrective repairs, emergency response, and sparepart support.
• Digital Services: Remote monitoring, data analytics, predictive maintenance platforms, and cloudbased management tools.

The precise services you receive are defined in the specific contract, quotation, or purchase order (Contract Document). In case of conflict between the Contract Document and these Terms, the Contract Document prevails to the extent it is expressly stated.

3. Ordering, Acceptance, and Confirmation

3.1 Order Placement

All orders must be submitted in writing (email, electronic portal, or hard copy) and must contain a clear description of the required products or services, quantities, delivery locations, and any special specifications. TK Elevator reserves the right to request additional information before accepting an order.

3.2 Acceptance

TK Elevator will issue an Order Confirmation that includes the final price, delivery schedule, and any applicable terms. The order is considered accepted once the confirmation is transmitted to the Customer. If no confirmation is received within thirty (30) days, the order shall be deemed rejected.

3.3 Changes and Cancellations

Any modification to the scope, quantity, or schedule must be agreed in writing. Cancellation by the Customer after acceptance may result in a cancellation fee equal to the percentage stipulated in the Contract Document (typically 1530% of the total value, depending on the project stage).

4. Pricing, Payments, and Taxes

4.1 Prices

Prices are quoted in the currency specified in the Contract Document and are firm for the duration stated. All prices are exclusive of taxes, duties, customs fees, and any other governmental charges unless otherwise indicated.

4.2 Payment Terms

Unless otherwise agreed, invoices are payable within thirty (30) days from the invoice date. Late payments incur interest at a rate of 1.5% per month (or the highest rate permitted by law, whichever is lower) and may result in suspension of services until the outstanding amount is settled.

4.3 Tax Obligations

The Customer is responsible for all taxes and duties applicable to the transaction, including valueadded tax (VAT), sales tax, withholding tax, and any other statutory charges. TK Elevator will provide appropriate tax documentation upon request.

5. Delivery, Installation, and Acceptance Tests

5.1 Delivery

Delivery dates are estimates based on current production capacity and logistics. TK Elevator shall not be liable for delays caused by force majeure, strikes, transportation bottlenecks, or other events beyond its control.

5.2 Installation

Installation must be performed by TK Elevators qualified personnel or by a subcontractor expressly approved in writing. The Customer shall provide suitable access, utilities, and a safe working environment at the installation site.

5.3 Acceptance Testing

Upon completion, TK Elevator will conduct a functional acceptance test (FAT). The Customer shall be present, or assign a qualified representative, to witness the test. If the equipment meets the specifications defined in the Contract Document, the Customer shall sign an Acceptance Certificate within five (5) business days. Any identified nonconformities must be reported in writing within that period.

6. Warranty and Liability

6.1 Warranty Period

TK Elevator provides a standard warranty of twelve (12) months from the date of acceptance for parts and labor, unless a longer period is specified in the Contract Document. Certain components (e.g., electronic controllers) may have separate warranty terms.

6.2 Warranty Remedies

During the warranty period, TK Elevator shall, at its discretion, repair or replace defective components, or provide a refund for the affected portion of the price. Warranty does not cover damage caused by misuse, unauthorized modifications, neglect, or acts of nature.

6.3 Limitation of Liability

TK Elevators total liability for any claim arising out of or relating to the contract shall not exceed the total amount paid by the Customer for the specific product or service giving rise to the claim. TK Elevator shall not be liable for indirect, consequential, or punitive damages, including loss of profit, loss of use, or business interruption.

7. Intellectual Property

All patents, trademarks, copyrights, trade secrets, and other intellectual property rights in TK Elevators designs, software, documentation, and any other materials remain the exclusive property of TK Elevator. The Customer receives a nonexclusive, nontransferable license to use such materials solely for the purpose of operating and maintaining the supplied equipment.

The Customer shall not reverseengineer, copy, distribute, or create derivative works from any TK Elevator intellectual property without prior written consent.

8. Confidentiality

Both parties agree to keep confidential all proprietary information disclosed during the course of the relationship, including technical data, pricing, business strategies, and personal data, except where disclosure is required by law or court order. The confidentiality obligation survives termination of the contractual relationship for a period of five (5) years.

9. Data Protection and Security

TK Elevator processes personal data in accordance with applicable dataprotection legislation (e.g., GDPR). The Customer consents to the collection, storage, and use of data necessary for the provision of services, including remote monitoring and analytics. TK Elevator implements appropriate technical and organisational measures to protect data against unauthorised access, loss, or alteration.

10. Force Majeure

Neither party shall be liable for failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to natural disasters, war, terrorism, civil unrest, pandemic, governmental actions, strikes, or interruptions in supply chains. The affected party shall notify the other promptly and make reasonable efforts to mitigate the impact.

11. Termination

11.1 Termination for Cause

Either party may terminate the contract if the other party materially breaches any provision and fails to cure the breach within thirty (30) days after receiving written notice.

11.2 Termination for Convenience

TK Elevator may terminate the contract for convenience with ninety (90) days written notice. In such an event, the Customer shall pay for all work performed and costs incurred up to the termination date, including any nonrecoverable expenses.

11.3 Effect of Termination

Upon termination, the Customer shall promptly return or destroy any confidential information and cease all use of TK Elevators intellectual property. Outstanding payment obligations survive termination.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the jurisdiction indicated in the Contract Document (typically the province of the project location, or the state of incorporation of TK Elevator). Any dispute arising out of or relating to the contract shall be resolved first through goodfaith negotiations. If unresolved, the parties agree to submit the dispute to binding arbitration administered by the International Chamber of Commerce (ICC) under its Rules of Arbitration.

13. Miscellaneous Provisions

• Entire Agreement: These Terms together with the Contract Document constitute the entire agreement between the parties and supersede all prior oral or written understandings.
• Severability: If any provision is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Assignment: Neither party may assign its rights or obligations without prior written consent, except to a successor entity in the event of a merger or acquisition.
• Notices: All notices shall be in writing and delivered by email, courier, or registered mail to the addresses specified in the Contract Document.

14. Contact Information

For any questions regarding these General Terms and Conditions, please contact:

TK Elevator Corporation Customer Service
1234 Elevation Way, Suite 500
Toronto, ON, CanadaM5V1E3
Phone: +18005551234
Email: info@tkelevator.com