Terms of Service & Sales Agreement

Last Updated: July 23 2026

Previous versions: /legal/archive

1. Introduction & Acceptance

1.1 Plain-Language Summary

These Terms form a contract between you and us for every purchase made on kuycon.us. They explain prices, shipping, returns, warranties, and dispute resolution.

1.2 Authoritative Terms

1. Parties.
   • Seller: Kuycon ("we," "us," "Kuycon")
   • Site Operator / Distributor: Kuycon ("we," "us," "Kuycon").
   • Customer: Any individual or entity purchasing through the Site ("you").
2. Acceptance. Clicking "I ACCEPT" or placing an order on this Site constitutes your electronic signature under the U.S. Electronic Signatures in Global and National Commerce Act ("E-SIGN").
3. Updates. We may revise these Terms by posting the updated version on this page with its effective date; previous versions remain available at /legal/archive. Changes apply prospectively only — the version you accepted at checkout governs your order (see Section 17).

1.3 Company Information

Legal Entity Details:

• Legal Name: Kuycon L.L.C-FZ
• Registered Address: Meydan Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai, U.A.E.
• Contact Email: mail@kuycon.us
• Phone: +1 (213) 510-3548

2. Definitions

• "Business Day" – Any day other than Saturday, Sunday, or PRC public holiday.
• "CPT," "CIP," "DDP" – 2020 Incoterms® issued by the ICC.
• "Defect" – A hardware fault meeting Section 12 criteria.
• "Products" – Kuycon™ computer monitors and accessories sold on the Site.
• "Warranty Period" – 12 months from delivery date.

3. Eligibility

1. You must be legally allowed to buy and import the Products where you live.
2. No age restriction is imposed, but where local law sets a minimum age, you confirm you meet it.

4. Product Condition

All Products are brand-new; we do not sell refurbished units.

5. Pricing, Taxes & Customs

1. Currency. Prices appear in U.S. dollars.
2. United States — DDP Default. Shipments to U.S. addresses are Delivered Duty Paid; shipping fees include customs duties, taxes, and brokerage.
3. Other Countries. Incoterms (DDP, CPT, CIP, etc.) and duty liability are shown at checkout.
4. Sales/Use Tax. Seller collects no U.S. state sales tax; you must self-assess any use-tax obligations.
5. Price Changes. Prices may change any time before payment is submitted.

6. Payment Terms

1. Accepted Methods.
   • Visa, Mastercard, American Express, UnionPay, Discover, JCB, Diners Club credit/debit cards
   • Apple Pay & Google Pay
   • USD bank transfer (wire/SWIFT) on invoice (EUR or AED payment if specially requested). You must select SWIFT charge code "OUR" and cover all correspondent fees; short payments delay shipment.
2. Security. Orders ship only after funds are received and cleared fraud checks.
3. Payment availability. Certain payment methods or discounts (e.g., invoice/"pay by bank", promo codes) may be unavailable for specific shipping options due to fraud and logistics risk. This rule applies irrespective of nationality or residence.
4. Refund method: refunds are made to the original payment method where feasible; otherwise by bank transfer at no cost to consumers.
5. Invoice / wire transfers: we ship after funds are received in full. For international wires, please use SWIFT with charge option OUR (sender pays all fees, including intermediary and beneficiary bank fees). If the credited amount is short due to bank or FX fees, the outstanding balance must be topped up before shipment. Include your invoice number in the payment reference and email the payment confirmation (e.g., MT103) to us.

7. Orders & Cancellations

1. Formation. Your order becomes binding once payment is confirmed. Because we begin order processing and payment settlement immediately, orders cannot be changed or cancelled as of right after that point; however, we will consider cancellation requests as set out in Section 7.2, and nothing in this Section limits any non-waivable statutory right you may have.
2. Post-Payment Cancellation.
   1. You may request cancellation of a paid order at any time before it is handed to the carrier. We will honor such requests.
   2. Cancellation fee. Because payment processing costs on your order are non-refundable to us once payment is taken, a cancellation fee applies to orders cancelled after payment. The fee equals the lesser of (i) five percent (5%) of the amount paid, or (ii) the actual non-refundable payment processing cost incurred by us on the transaction. The applicable maximum is identified to you at checkout, via the Cancellation & Refund Policy linked there, before you submit payment. On request we will provide the payment processor's statement evidencing the cost.
   3. The fee is not a surcharge for paying by credit card and does not price orders by card brand or payment method: one and the same formula — the lesser of the 5% cap and our actual non-refundable payment cost, per (b) — applies to every order. Where our actual cost is lower, you are charged less; where it is nil (as with some bank-transfer or other zero-cost payment methods), nothing is withheld under this Section.
   4. No fee applies, and you receive a full refund, where the cancellation results from our error, our inability to fulfil the order, out-of-stock, or where the Products are defective or not as described, or in any case where a non-waivable law requires a full refund. Refunds are issued to your original payment method.
   5. Once cancellation is agreed, we process the refund promptly and provide a transaction reference and the expected posting date.
   6. Country-specific rights. If you are a consumer in the European Union, the United Kingdom or Norway, you may cancel your order before shipment with a full refund and no cancellation fee; and you may withdraw within fourteen (14) days of delivery for a refund of all payments received, subject only to the diminished-value and documented-cost deductions described in Section 11.2. If you are a consumer in the Republic of Korea, you may withdraw within seven (7) days of receipt with a full refund and no penalty or cancellation fee. Wherever else the mandatory law of your country or state of residence grants you a more favorable cancellation or refund right, that law prevails and the fee in Section 7.2(b) does not apply.
3. Right to Refuse. We may cancel (with refund) for fraud, export-control issues, or lack of stock.
4. Effect of payment reversal. A chargeback or other reversal of a payment does not by itself cancel your order or extinguish any amount properly payable for Products you have ordered and keep. If a payment dispute is finally resolved — through the card network's dispute process or otherwise — confirming that the disputed amount was properly payable, you remain liable for that amount and, to the extent permitted by law, for the actual, documented dispute fees charged to us by the payment processor or card network in connection with that reversal. We will provide documentation of those fees on request. Nothing in this Section limits, conditions, or imposes any charge for exercising, your right to dispute a charge under applicable law, including the federal Fair Credit Billing Act.

8. Shipping & Delivery

9. Risk of Loss & Title Transfer

US, non-EU/UK/NO and business customers: Title passes upon carrier-confirmed delivery (DDP) or as defined by the Incoterm selected at checkout, except as provided in Section 19.6 for Business Customers (title retained until payment in full).
EU/UK/NO consumers: risk passes only upon physical possession by you (or your designee).
Delivery time: unless otherwise agreed, delivery within 30 days of the contract.

Payment reversal. If, after delivery, a payment for a Product is reversed (including through a chargeback) and the reversed amount is not re-paid, then, to the maximum extent permitted by law: (i) title to that Product revests in us, and to the extent applicable law treats any such retention or revesting of title as the reservation of a security interest, you grant us a security interest in the Product securing the unpaid amount; (ii) you must, at our request and at our cost, make the Product available for return to us; and (iii) you may not sell, gift, or otherwise dispose of the Product while its price stands reversed. This Section does not limit your right to dispute a charge you believe to be unauthorized or erroneous.

10. Inspection & Acceptance

1. Inspect the Product within 48 hours of delivery.
2. Report any Defect in writing within 7 days, or the Product is deemed accepted.
3. This does not limit your statutory rights regarding faulty or not-as-described goods.

11. Returns & Refunds

11.0 Cancellations vs. returns. Cancellation of an order before it is handed to the carrier is governed by Section 7.2. After handover to the carrier, a cancellation request is treated as a return under this Section 11: the return provisions apply upon delivery, and Section 11.5 applies if the delivery is refused or not collected. For consumers covered by Section 7.2(f), those rights prevail.

11.1 United States (US customers)

• Discretionary change-of-mind returns (7 days): we may accept returns requested within 7 days after delivery. An RMA is required before shipping the return.
• Return method (label required): where available, you must use our prepaid return label / arranged pick-up. If not available for your address, you must use a tracked, insured service that meets our packing requirements.
• Condition: items must be unused, in original packaging with all protective materials and all accessories. Returns that are used, missing parts, or not in resalable condition may be refused or charged a restocking fee up to 15%.
• Costs & risk: return shipping is at your expense. The actual label cost and any documented carrier/customs charges (including failed pick-up/remote-area surcharges caused by your unavailability or wrong data) are deducted from the refund or invoiced to you. Risk of loss/damage remains with you until delivery to our return address.
• Outbound charges: original outbound shipping is non-refundable.
• Diminished value: we may deduct a reasonable amount for wear, missing accessories, damaged packaging, or product damage.
• Payment processing fee: for change-of-mind returns, a payment processing fee equal to the lesser of (i) five percent (5%) of the amount refunded, or (ii) the actual non-refundable payment processing cost incurred by us on the original transaction (the same formula as Section 7.2(b)) may be deducted from your refund. The same formula applies to every order regardless of card brand or payment method, and the amount withheld can only be lower than the cap where our actual cost is lower (Section 7.2(c)). It does not apply to refunds for warranty claims or defective or not-as-described products.
• Refund timing: refunds are issued after we receive and inspect the goods.

11.2 EU/UK/NO consumers – 14-day right to withdraw

If your delivery address is in the European Union, the United Kingdom or Norway, you have a legal right to withdraw within 14 days after you (or a person you indicate) physically receive the goods, without giving any reason.

• Refund amount: we refund the item price plus the cost of our least-expensive standard outbound delivery offered at checkout (currently Super Economy = $0). Any surcharge for a faster method is not refunded.
• Return costs (who pays): you bear the direct cost of returning the goods unless we expressly state otherwise before checkout.
• Our optional return label: where available, we can arrange a prepaid label/pick-up on request. If you use it, the actual label cost and any documented carrier/customs charges billed to us on the way back may be deducted from your refund (or charged separately). You may always choose to return the goods using your own tracked service instead.
• Packing & condition: please return with all accessories. Where possible, use the original packaging; if unavailable, you must pack the goods safely with equivalent protective materials. You are responsible for any transit damage caused by inadequate packing. We may deduct a reasonable amount for diminished value from handling beyond what is necessary to establish the goods' nature and functioning (e.g., scratches, cracked panel, missing accessories, heavy wear). For monitors, panel damage due to insufficient packing may reduce the refund up to 100%.
• How to withdraw: notify us within 14 days (RMA form or any clear statement) and send the goods back within 14 days thereafter. Mark the parcel "Returned goods".
• Refund timing & method: we refund within 14 days of the earlier of: (a) us receiving the goods back; or (b) you supplying official carrier evidence of dispatch (receipt/hand-over scan with tracking). Photos or declarations alone are not sufficient. Refunds go to the original method where feasible; otherwise by bank transfer at no cost to you. If inspection upon receipt shows diminished value or documented carrier/customs charges billed to us, we will deduct a reasonable amount; if a refund was processed earlier based on your dispatch evidence, we may invoice you for the difference.
• Payment processing fee: none. Statutory withdrawals are refunded in full; no payment processing fee is deducted. Only the diminished-value deductions and actual, documented charges described above may apply.
• No restocking fee: no restocking fee applies to lawful withdrawals; only diminished-value deductions and actual, documented charges as above may apply.

11.3 Rest of world (non-US and outside EU/UK/NO)

• Discretionary change-of-mind returns (7 days): we may accept returns requested within 7 days after delivery. An RMA is required before shipping the return.
• Return method (label required): where available, you must use our prepaid return label / arranged pick-up. If not available for your address, you must use a tracked, insured service that meets our packing requirements.
• Condition: items must be unused, in original packaging with all protective materials and all accessories. Returns that are used, missing parts, or not in resalable condition may be refused or charged a restocking fee up to 15%.
• Costs & risk: return shipping is at your expense. The actual label cost and any documented carrier/customs charges (including failed pick-up/remote-area surcharges caused by your unavailability or wrong data) are deducted from the refund or invoiced to you. Risk of loss/damage remains with you until delivery to our return address.
• Outbound charges: original outbound shipping is non-refundable.
• Diminished value: we may deduct a reasonable amount for wear, missing accessories, damaged packaging, or product damage.
• Payment processing fee: for change-of-mind returns, a payment processing fee equal to the lesser of (i) five percent (5%) of the amount refunded, or (ii) the actual non-refundable payment processing cost incurred by us on the original transaction (the same formula as Section 7.2(b)) may be deducted from your refund. The same formula applies to every order regardless of card brand or payment method, and the amount withheld can only be lower than the cap where our actual cost is lower (Section 7.2(c)). It does not apply to refunds for warranty claims or defective or not-as-described products.
• Refund timing: refunds are issued after we receive and inspect the goods.

11.4 Faulty or not-as-described items (all customers; for Business Customers, subject to Section 19.5(a))

• Contact us promptly. We will provide a free-of-charge repair or replacement; where this is impossible or disproportionate, we will provide a price reduction or refund.
• Return logistics: for approved warranty claims we arrange the return shipping. EU/UK/NO consumers: we cover the necessary shipping costs for remedies under your statutory rights. If you arrange shipment without our approval, we reimburse only reasonable standard costs upon proof.

11.5 Non-collection / unpaid import charges (DAP shipments)

If a shipment is refused on delivery, returned because import VAT/duties or carrier fees were not paid, or not collected within the carrier's deadline, we may cancel the order and refund the item price minus our actual, unrecoverable costs (outbound and return freight, carrier interception, storage/handling fees, and any non-refundable customs charges). Evidence of such costs will be provided upon request.

11.6 Return label terms (all regions)

• Availability: labels/pick-ups are provided where our carriers offer coverage. Remote-area limitations may apply.
• Accuracy: you must confirm correct pick-up address, contact details, parcel dimensions/weight. Any surcharges for failed pick-up, re-routing, or misdeclared size/weight are deducted or invoiced at cost.
• Packing standard: you must meet our packing guidance. Damage caused by inadequate packing may result in diminished-value deductions up to 100% for fragile goods (e.g., display panels).

12. Limited Warranty — 1 Year

Important: This warranty is provided only for orders placed directly on kuycon.us. Third-party sellers or websites are not affiliated with us, and we are not responsible for products purchased through them. Outside China and Russia, the only verified official Kuycon websites are kuycon.us (United States), kuycon.ae (UAE, Middle East & North Africa), kuycon.it (European Union), kuycon.jp (Japan), kuycon.nz (New Zealand & Australia) and kuycon.sg (Singapore & Southeast Asia) — each sells for its own region under its own terms; purchases made on those sites are not covered by this kuycon.us warranty.

Pixel Defect Policy

ISO 9241-307 Class I compliant

Kuycon monitors are manufactured to meet ISO 9241-307 Class I standards.

Under this policy, a display may have up to 1 bright pixel, 1 dark pixel, or 2 stuck sub-pixels per million pixels.

However, kuycon.us provides stricter coverage: if your unit has more than 1 defective pixel of any sort per million, it qualifies for replacement under our Limited Warranty.

Other Defect Definitions

• Failure of critical components (power supply, video inputs)
• Severe display faults (permanent lines, major back-light bleed, significant colour distortion)

Exclusions: minor pixel anomalies, cosmetic wear, misuse, accidents, external causes.

Claim Procedure:

1. Email mail@kuycon.us with proof and order number.
2. United States: Receive shipping label and ship to service facility or return to Kuycon warehouse.
3. Outside United States: Transportation arrangements will be discussed on a case-by-case basis.
4. We repair/replace or refund at our option.

Warranty conditioned on payment. This Limited Warranty is part of the paid purchase and applies only while the purchase price of the Product remains paid. If a payment for the Product is reversed (including through a chargeback) and the reversed amount is not re-paid, this Limited Warranty and any non-statutory support services for that Product are suspended for as long as the amount stands reversed, and lapse if the amount is not re-paid within sixty (60) days of the reversal becoming final. If a payment dispute is resolved confirming your payment, coverage resumes and the suspension period does not count against the Warranty Period. This condition applies only to this voluntary Limited Warranty: it does not limit any implied warranty or other right you have under applicable law, and it does not limit your right to dispute a charge you believe to be unauthorized or erroneous.

Statutory rights: Nothing in this Limited Warranty affects your statutory rights. EU/EEA consumers benefit from a legal guarantee of conformity (minimum 2 years). UK consumers have rights under the Consumer Rights Act 2015 (including the short-term right to reject). For EU/UK/NO consumers we cover the necessary shipping costs when providing remedies for faulty goods.

13. Limitation of Liability

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot be limited under applicable law. To the extent permitted by law, our total liability for any loss arising out of each order will not exceed the price paid for the product(s) in that order. We will not be liable for indirect or consequential losses where such exclusion is permitted by law. This section does not affect your statutory rights.

14. Export Controls & Sanctions Compliance

You agree to comply with all applicable export-control and sanctions laws. You confirm you are not located in, and will not ship or re-export the products to, any country, region or person subject to comprehensive trade sanctions or export restrictions applicable to us.

15. Governing Law & Dispute Resolution

15.1 Governing Law — United States Orders

For purchases with a delivery address in the United States, these Terms (and any non-contractual disputes arising out of or relating to them) are governed by the laws of the State of New York, U.S.A., without regard to conflict-of-laws rules. Nothing in these Terms deprives you of the protection of any mandatory consumer-protection law of your state of residence; where such a law conflicts with these Terms, that law prevails to the extent of the conflict.

15.2 Dispute Resolution — United States Orders

1. Informal resolution first. Before starting any formal proceeding, please contact us at mail@kuycon.us with a description of the issue and your order number, and allow us thirty (30) days to resolve it. Most concerns are resolved this way within days.
2. Small claims. Either party may bring an individual claim in a small claims court of competent jurisdiction — for you, the small claims court for the place where you reside; for us, the small claims court in New York County, New York.
3. Courts. Except as provided in (b), any dispute arising out of or relating to these Terms or your order will be resolved exclusively in the state or federal courts located in New York County, New York, and each party consents to the personal jurisdiction and venue of those courts. This paragraph does not apply to the extent the mandatory consumer law of your state of residence gives you a non-waivable right to bring proceedings in another forum.
4. To the extent permitted by applicable law, each party may bring claims against the other only in an individual capacity. Nothing in this Section 15 waives, or requires you to waive, any right or remedy that cannot lawfully be waived.

15.3 Non-US Orders

For orders with a delivery address outside the United States, these Terms (and any non-contractual disputes arising out of or relating to them) are governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai, without regard to conflict-of-laws rules, and any dispute will be subject to the jurisdiction of the onshore courts of Dubai, United Arab Emirates.

Consumer protection: If you are a consumer resident in the EU, the United Kingdom or Norway, you additionally benefit from all mandatory provisions of the law of your country of residence, and you may bring proceedings in the courts of your country of residence. More generally, nothing in this clause deprives you of any consumer right that cannot be contractually waived under the law of the country to which your order is delivered.

16. Electronic Communications & Signatures

All contracts, notices, and disclosures are delivered electronically; your electronic signature is legally binding under E-SIGN.

17. Changes to Terms

We may update these Terms from time to time by posting the updated version with the effective date on this page. Changes apply prospectively only and do not affect orders placed before the effective date.

18. Miscellaneous

• Severability. If any provision is unenforceable, the rest remains in effect.
• Assignment. You may not assign your rights without our consent; we may assign in a merger or sale.
• Entire Agreement. These Terms plus your order confirmation constitute the full agreement.
• Headings. Headings are for convenience only.
• Consumer rights. Nothing in these Terms waives or limits any right or remedy that cannot lawfully be waived under the mandatory consumer-protection law of the buyer's state of residence, including any statutory refund or cancellation right. Where such law conflicts with these Terms, that law prevails to the extent of the conflict.
• Privacy & Cookies. See our Privacy Policy.

19. Business Customers

19.1 Who is a Business Customer

(a) A "Business Customer" is a buyer that, when placing an order, (i) selects "Company" as the customer type at checkout, (ii) provides a company name and a VAT / Tax Identification Number (in the UAE, a TRN), and (iii) accepts these Business Customer Terms.

(b) By ordering as a Business Customer, you represent and warrant that: (i) you are buying the Products in the course of your trade, business, craft or profession, or for resale, and not as a consumer; (ii) the individual placing the order is authorised to bind the company named as buyer; and (iii) that company is the buyer and is responsible for the order and for payment.

(c) Kuycon relies on these representations in agreeing to sell on these terms. If any of them is not correct, do not order as a Business Customer — select "Individual" at checkout instead.

19.2 Application

(a) Where an order is placed by a Business Customer, the consumer-only provisions of these Terms do not apply, including the consumer cancellation and withdrawal regime in Section 7.2 (including its country-specific carve-outs in Section 7.2(f)), the consumer return rights in Section 11, and the consumer-rights savings in Section 18 to the extent they operate in the buyer's favour as a consumer. Cancellation of a Business Customer's order is instead governed by Section 19.5.

(b) Exception — mandatory law. Sub-section (a) does not apply where a mandatory law treats the buyer as a consumer, or gives the buyer rights that cannot be excluded, regardless of these Terms. In particular, the Australian Consumer Law guarantees in Section 19.9 always apply to the orders they cover, and nothing in these Business Customer Terms overrides any other non-excludable protection of the law governing the order.

19.3 Disclaimer of warranties — Business Customers

19.3(b) Disclaimer — Business Customers (orders governed by a law other than a U.S. State). Except for Kuycon's express Limited Warranty in Section 12, and to the maximum extent permitted by the applicable governing law, Kuycon excludes all implied terms, conditions, warranties and statutory guarantees relating to the Products — including as to satisfactory quality, merchantability, fitness for any particular purpose, and correspondence with description or sample — other than those that cannot lawfully be excluded or limited as against a business buyer. This exclusion is subject to any mandatory limit of the governing law (including, where English law applies, the requirement of reasonableness under the Unfair Contract Terms Act 1977) and does not exclude Kuycon's implied undertaking as to title.

19.4 Limitation of liability — Business Customers

(a) Nothing in these Business Customer Terms excludes or limits Kuycon's liability for: (i) fraud or fraudulent misrepresentation; (ii) death or personal injury caused by Kuycon's negligence; (iii) gross negligence or wilful misconduct; or (iv) any other liability that cannot lawfully be excluded or limited under the applicable governing law.

(b) Subject to (a), Kuycon is not liable to a Business Customer for any indirect, incidental, special, consequential or punitive loss, or for any loss of profit, revenue, business, goodwill, anticipated savings, use, or data, however arising, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if Kuycon was advised of the possibility.

(c) Subject to (a), Kuycon's total aggregate liability arising out of or in connection with each order will not exceed the price paid by the Business Customer for the Product(s) in that order.

(d) The exclusion of loss in (b) and the liability cap in (c) are each independent of the remedies in Section 12 and survive, and continue to apply notwithstanding, any failure of those remedies of their essential purpose.

19.5 Cancellation — Business Customers

(a) An order placed by a Business Customer is binding when payment is confirmed (or, where credit is agreed under Section 19.7, when the order is confirmed) and cannot be cancelled, varied, or returned as of right. The consumer cancellation, withdrawal and return rights in Sections 7.2 (including 7.2(f)) and 11 (including the remedies in Section 11.4) do not apply to a Business Customer — a Business Customer's remedies for defective Products are those under the express Limited Warranty in Section 12, as modified by Section 19.3 — except where Section 19.9 or another mandatory law applies.

(b) Kuycon may, at its discretion, agree to cancel a binding order. Where it does, the Business Customer must pay (and Kuycon may deduct from any refund or retain from sums held) an amount equal to Kuycon's actual, documented costs and committed liabilities reasonably attributable to the order up to the date of cancellation — which may include outbound and return freight, customs duty and clearance, non-refundable payment-processing and currency-conversion charges, restocking, storage, and any supplier or logistics commitments Kuycon has entered into and cannot cancel. This amount is a recovery of Kuycon's actual loss and cost, and is not a penalty or a fixed forfeiture. Kuycon will provide documentation on request and will refund any balance of amounts paid.

(c) Nothing in this Section requires a Business Customer to pay more than Kuycon's actual, documented loss and cost arising from the cancellation.

19.6 Retention of title

Title to the Products does not pass to a Business Customer until Kuycon has received payment in full of all amounts due for the order (and of any other amount then owed by the Business Customer to Kuycon). Risk in the Products passes as provided in Sections 5 and 9 — on carrier-confirmed delivery under DDP, or as defined by the Incoterm selected at checkout — so risk may pass to the Business Customer before title. Until title passes, the Business Customer must keep the Products identifiable as Kuycon's property and must not pledge or encumber them, and Kuycon may repossess Products to which it retains title if payment is overdue. Section 9 (revesting of title on payment reversal) continues to apply.

19.7 Payment and late payment — Business Customers

(a) Prepayment is the default. Payment is due in advance by card or bank transfer (wire/SWIFT) as set out in Section 6, unless Kuycon agrees credit terms in writing.

(b) Late-payment charge (where credit is agreed). If Kuycon has agreed credit terms and a Business Customer fails to pay any amount when due, Kuycon may charge, on the overdue amount from the due date until payment, interest at nine percent (9%) per annum (or the maximum rate permitted by the applicable governing law, if lower), together with Kuycon's reasonable, documented costs of recovery. Where the governing law imposes a mandatory statutory late-payment rate or recovery-cost regime (including the EU/UK commercial late-payment regimes), that mandatory rate applies instead.

(c) Regional adjustment. Sub-section (b) is subject to the mandatory law of the governing jurisdiction. In particular:

• European Union / United Kingdom — statutory late-payment interest and fixed recovery costs apply and cannot be reduced below the statutory level by contract (EU Late Payment Directive 2011/7; UK Late Payment of Commercial Debts (Interest) Act 1998); where those apply they prevail over any lower contractual rate.
• United Arab Emirates — interest is charged as simple interest only, capped at nine percent (9%) per annum, with no compounding.
• Bahrain / Kuwait / Oman — simple interest only, at the locally permitted rate.
• Saudi Arabia and onshore Qatar — no interest is charged. Instead, Kuycon may claim documented delay compensation for actual loss caused by the late payment, consistent with the local prohibition of riba.

19.8 Governing law & dispute resolution — Business Customers

(a) US Business Customers (delivery address in the United States). Sections 15.1 and 15.2 continue to apply: these Terms are governed by the law of the State of New York, and the state and federal courts located in New York County, New York have exclusive jurisdiction.

(b) Non-US Business Customers (delivery address outside the United States). These Terms are governed by the law of the United Arab Emirates as applied in the Emirate of Dubai. Any dispute arising out of or in connection with an order that is not resolved amicably will be finally resolved by arbitration under the Arbitration Rules of the Dubai International Arbitration Centre (DIAC), with the seat of arbitration in the Dubai International Financial Centre (DIFC), before a sole arbitrator, in the English language. The parties choose arbitration because an arbitral award is enforceable across the markets Kuycon serves under the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, whereas a foreign court judgment may not be. This Section 19.8(b) replaces the court-jurisdiction rule in Section 15.3 for Business Customers.

19.9 Australian Consumer Law (mandatory)

Where the goods under an order are of a kind ordinarily acquired for personal, domestic or household use or consumption, or the amount payable for the goods does not exceed AUD $100,000, and the goods are supplied to a person in Australia, that buyer is a "consumer" under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010) and has the benefit of statutory consumer guarantees that cannot be excluded, restricted or modified — even if the buyer is a business. Nothing in these Business Customer Terms excludes, restricts or modifies those guarantees or any liability for failing to comply with them, and no choice of a governing law other than Australian law operates to exclude them (ACL ss 64 and 67; ACCC v Valve Corporation). To the extent of any inconsistency between these Business Customer Terms and those non-excludable guarantees, the guarantees prevail, and such a buyer keeps the consumer remedies in Sections 11 and 12.

19.10 Precedence

These Business Customer Terms (this Section 19) form part of, and are read together with, the rest of the Terms of Service & Sales Agreement. Where the buyer is a Business Customer, these Business Customer Terms prevail over any conflicting provision of the other Sections; in all other respects the other Sections continue to apply. Nothing in these Business Customer Terms removes any right or protection that the applicable mandatory law gives a buyer and that cannot lawfully be waived (see Sections 19.2(b) and 19.9).