Terms of Service

1. Acceptance of Terms

By visiting this website, by sending an enquiry through the contact form or by signing a proposal issued by kfsales LLC, you confirm that you have read and accepted these terms. If you are accepting on behalf of an organisation, you confirm that you have authority to bind that organisation.

If you do not accept these terms, please do not use the website or engage our services. Continued use after a change to these terms indicates acceptance of the revised version.

2. Description of Services

kfsales LLC provides computer integrated systems design services for material handling fleets and warehouse operations. The service lines are Fleet Telematics Integration, Warehouse Control Systems, Load Monitoring Sensors, Route Optimization Platforms, Maintenance Scheduling Systems and Operator Training Programs.

Each engagement is scoped in writing. Typical work includes site survey, systems planning, hardware selection, configuration, installation, commissioning, documentation, training and support. The exact deliverables, exclusions and acceptance criteria are listed in the project agreement and form part of these terms for that project.

We are designers and integrators. We are not the manufacturer of the lift equipment, the racking or the building, and we do not assume the obligations of those manufacturers. Where a manufacturer warranty applies to equipment, it remains with the manufacturer.

3. Permitted Use of the Website

You may view, download and print pages from this website for your own business evaluation. You may not copy substantial parts of the website into another publication, resell the content, or present it as your own work.

You must not attempt to gain unauthorised access to the site or its hosting environment, submit malicious code, interfere with normal operation, or use automated tools in a way that places an unreasonable load on the service. Any attempt to test the security of the site must be agreed with us in advance.

Content on this website is provided for general information. It does not constitute engineering advice for a specific site, and it does not replace the manufacturer operating instructions for any lift equipment.

4. Quotations and Proposals

A quotation is an invitation to discuss a project, not a binding offer, unless the document states otherwise. Prices are based on the information available at the time of issue, including truck count, site size and existing infrastructure. If a survey reveals conditions that differ materially from the description, we will discuss a revised estimate before proceeding.

Quotations remain valid for thirty days from the date of issue unless a shorter period is stated. Travel, shipping and applicable taxes are shown separately where relevant, and we do not add undisclosed charges after work begins.

5. Project Agreements

A project begins when both parties sign a written agreement following the proposal. The agreement sets out the scope, schedule, price, payment terms, named contacts and acceptance procedure. Any change to scope is recorded in a written change note signed by both parties.

Where a client issues a purchase order, the order is accepted subject to these terms and the signed project agreement. Additional or conflicting wording in a purchase order does not apply unless we agree to it in writing.

6. Client Responsibilities

The client agrees to provide accurate information about the fleet, the building and any existing systems. The client also agrees to nominate a project contact who can make decisions, arrange access and approve acceptance.

Decisions that affect the schedule, such as approval of hardware selection or sign-off of a test plan, should be made within the agreed review period. Delays caused by outstanding decisions may move the delivery date, and we will confirm any change to the schedule in writing.

The client is responsible for the lawful use of the systems we install, including the collection of any operator consent required in its jurisdiction and the setting of internal rules for the use of recorded data.

7. Site Access and Safety

Our engineers work in active warehouses, where lift equipment and pedestrians share the floor. The client agrees to provide safe access, a suitable induction, personal protective equipment where required by site rules and a clear description of any hazardous area.

We follow the safety procedures of the site while present. If conditions on site present a serious risk to our personnel, work may be paused until the risk is addressed. Any pause caused by site safety conditions is recorded and discussed with the client contact.

Installation work on lift equipment is coordinated with the client maintenance team. We do not modify manufacturer safety circuits, and we will refuse any instruction that would compromise the stability or protective systems of a truck.

8. Fees and Payment

Fees are stated in the project agreement. Unless otherwise agreed, the schedule is a deposit at signing, a progress payment at the start of commissioning and a final payment after acceptance. Invoices are due within thirty days of issue.

Late payment may attract interest at the rate stated in the agreement or, where no rate is stated, the maximum rate permitted by applicable law. If an invoice remains unpaid beyond a further notice period, we may suspend work and withhold delivery of configuration files until the balance is settled.

Travel, accommodation and shipping costs are charged at cost or at the rates stated in the proposal. Taxes are charged where required by law.

9. Delivery and Acceptance

Delivery milestones are described in the project schedule. A milestone is complete when the agreed tests have been passed and the client contact has signed the acceptance note. If the client uses the system in normal production without raising a written defect within ten business days, the milestone is treated as accepted.

Minor defects that do not prevent operation are recorded on a punch list and resolved within an agreed window. We will not request acceptance of a milestone that has a known defect affecting safety.

10. Warranty for Services

We warrant that our design, configuration and installation work will be performed with reasonable skill and care and will materially conform to the agreed specification for a period of ninety days after acceptance. If a defect in our work appears during that period, we will correct it at no additional charge.

The warranty does not cover faults caused by misuse, unauthorised modification, failure of equipment supplied by another party, or normal wear of truck components. Hardware warranties are provided by the hardware manufacturer and are passed through to the client where possible.

Where a fault is reported outside the warranty period, we will diagnose it under a support arrangement and quote for any repair before work proceeds.

11. Support and Maintenance

Support arrangements are agreed separately from the project agreement. A typical arrangement names a support engineer, defines response windows for different severity levels and includes scheduled reviews of system performance.

Support covers configuration assistance, fault diagnosis on supported hardware and software updates within the agreed scope. It does not cover rework caused by undocumented changes made by the client or by another provider.

Either party may end a support arrangement with thirty days written notice. Outstanding support fees up to the end of the notice period remain payable.

12. Third Party Hardware and Software

Our systems include hardware and software from third party manufacturers. Those products are governed by the licence terms of their suppliers, and the client accepts those terms by using the products. We select components that are commercially available and reasonably supported, but we cannot guarantee the long term availability of any specific model.

If a component reaches end of life, we will propose a replacement and provide a quoted migration path. The client is not obliged to accept the proposal, and may source an alternative that meets the documented interface requirements.

13. Intellectual Property

All content on this website, including text, layout and code, is owned by kfsales LLC or used with permission. You may not reproduce it for commercial purposes without written consent.

In a project, the client owns the site specific configuration, the as built documentation and the data generated by the installed system. kfsales LLC retains ownership of its reusable design methods, libraries, templates, diagnostic tools and general know how, and grants the client a perpetual licence to use those elements as embedded in the delivered system.

Neither party may use the name or logo of the other in marketing material without written permission, except that we may list the client name in a general client list unless the client asks us not to.

14. Confidentiality

Each party agrees to keep confidential the non public information of the other, including system designs, pricing, business plans and operational data. Confidential information may be used only for the purposes of the project and may be disclosed only to personnel who need it and who are bound by equivalent obligations.

These obligations do not apply to information that is already public, that is independently developed without reference to the other party, or that must be disclosed by law. If disclosure is required by law, the party subject to the requirement will give prompt notice where permitted.

Confidentiality obligations continue for five years after the project ends, and indefinitely for trade secrets.

15. Data and System Records

Operational data generated by an installed system belongs to the client. We access that data only to deliver support, to diagnose a fault or to perform an agreed review. Access is logged and limited to named personnel.

Where we act as a processor, we process personal information only on the documented instructions of the client, apply appropriate security measures and assist the client in responding to requests from individuals. Our privacy practices are described in the Privacy Policy published on this website.

On termination of a support arrangement, we return or delete client data in line with the agreed retention schedule and confirm the action in writing.

16. Limitation of Liability

To the extent permitted by law, neither party is liable for indirect or consequential loss, loss of profit, loss of anticipated savings or loss of business opportunity arising from the project or from use of this website.

Our total liability arising from a project is limited to the fees paid by the client for the services to which the claim relates. This limit does not apply to death or personal injury caused by negligence, to fraud, or to any liability that cannot lawfully be limited.

We are not responsible for failures of networks, power supplies, building infrastructure or third party platforms that are outside our control, although we will assist in diagnosis where reasonable.

17. Indemnity

The client agrees to indemnify kfsales LLC against claims arising from unlawful use of the installed system by the client or its personnel, from information or materials supplied by the client that infringe the rights of a third party, and from changes made to the system by others after acceptance.

We agree to indemnify the client against claims that our own design work infringes a third party intellectual property right, provided the client notifies us promptly and allows us to direct the defence. This indemnity does not apply where the claim arises from client supplied specifications or from modifications we did not make.

18. Termination

Either party may terminate a project agreement for material breach that remains uncured thirty days after written notice. Either party may terminate immediately if the other becomes insolvent or ceases to trade.

On termination, the client pays for work performed and for committed hardware costs up to the date of termination. We deliver documentation for work completed and return client materials in our possession.

Provisions on confidentiality, intellectual property, liability and governing law survive termination.

19. Force Majeure

Neither party is liable for delay caused by events beyond reasonable control, including natural disasters, severe weather, epidemic disease, civil disruption, industrial action, failure of public utilities or prolonged shortage of critical components.

The affected party will notify the other promptly and take reasonable steps to reduce the delay. If the event continues for more than ninety days, either party may terminate the affected scope and settle for work already performed.

20. Governing Law and Disputes

These terms are governed by the laws of the State of Utah, United States, without regard to conflict of law rules. The parties submit to the exclusive jurisdiction of the state and federal courts serving Washington County, Utah.

Before starting formal proceedings, the parties agree to attempt to resolve a dispute through good faith discussion between senior representatives. If the dispute is not resolved within thirty days, either party may proceed to mediation or to court.

Nothing in this section prevents a party from seeking urgent injunctive relief where necessary to protect confidential information or intellectual property.

21. Changes to These Terms

We may update these terms to reflect changes in our services or in applicable law. The revised version is published on this page with a new effective date. Changes do not apply retroactively to a signed project agreement unless both parties agree in writing.

Clients are encouraged to check this page before starting a new project. A copy of any earlier version can be requested from the address below.

Scope and Order of Precedence

These terms apply to the website, to pre contract discussions and to every project agreement unless the agreement expressly states otherwise. Where a signed agreement conflicts with these terms, the signed agreement prevails for the project it covers, followed by any approved change note and then by this page. Where a client purchase order adds conditions that conflict with the agreement, the agreement prevails unless we accept the additional wording in writing.

Headings are provided for navigation only and do not affect interpretation. References to a writing include a signed document and an email confirmation from an authorised representative of each party. If any provision is found to be unenforceable, the remaining provisions continue in full force and the unenforceable part is read down to the minimum extent necessary.

Eligibility and Account Conduct

This website is intended for business users who are at least eighteen years of age. By using the contact form you confirm that you are acting in a professional capacity and that the details you provide are accurate. You agree not to impersonate another person, to provide false contact details or to use the site to send unsolicited commercial messages.

Where a project portal account is issued to a client contact, the account is personal to that contact. Passwords must be kept confidential, shared accounts should be avoided, and we ask to be told promptly if an account may have been compromised so that access can be reset and reviewed.

Operating Limits of Delivered Systems

Systems we deliver are configured for the site described in the survey. Moving equipment to a new building, changing rack heights, adding a truck family or altering aisle direction without informing us may invalidate both the tuning and the safety assumptions behind it. Clients should notify us before making such changes so that the configuration can be reviewed.

Load monitoring is an assistance function. It supports the operator and the supervisor, and it does not replace the rated capacity plate on the truck, the manufacturer operating instructions or the duty of the operator to assess each lift. No software output should be treated as permission to exceed a stated limit.

Website Availability

We aim to keep this website available continuously but we do not promise uninterrupted access. Maintenance, hosting incidents and network failures may interrupt service. We may change, suspend or withdraw any part of the website without notice and we are not liable for any loss arising from a period of unavailability.

Information on the website is reviewed periodically, but service descriptions, timelines and technical details may change as our practice develops. The signed project agreement is the authoritative description of what will be delivered.

Subcontracting and Personnel

We may engage qualified subcontract engineers for specific tasks, particularly where a site is located far from our yard office. Any subcontractor works under written confidentiality and conduct obligations equivalent to those in these terms, and we remain responsible to the client for the quality of the work performed.

Personnel assigned to a project may change during its life. If a named engineer leaves the business, we will appoint a replacement with comparable experience and provide a handover so that project knowledge is not lost.

Insurance and Compliance

kfsales LLC maintains commercial general liability cover and professional indemnity cover appropriate to the scale of its work. Evidence of cover can be provided to a client procurement team on request. Our engineers hold the site safety inductions required for the sites they attend.

We comply with applicable export control, anti bribery and data protection laws in the jurisdictions where we operate. Clients are asked to confirm that the intended use of a system is lawful in their own jurisdiction before a project begins.

Suspension of Work

We may suspend work if an invoice remains unpaid after the agreed notice period, if site conditions present an unacceptable safety risk, or if a client instruction would require a breach of law or of manufacturer safety requirements. Suspension is communicated in writing with the reason and the conditions for resuming.

If a suspension lasts more than sixty days for reasons within the client control, either party may treat the affected scope as terminated and settle for work performed and committed costs. We will return completed documentation for the portion of work already finished.

Feedback and Case Studies

We welcome feedback about our services. Unless a client states otherwise at the time of sending, feedback may be used in an anonymised form to improve our processes. We will not publish a named case study without written permission from the client contact.

Photographs taken during a site visit remain part of the project record and are used only for design, documentation and support. Publication of any photograph requires separate agreement and the removal of personnel where identifiable.

Entire Agreement and Assignment

These terms together with the signed project agreement and any approved change notes form the entire agreement between the parties for the subject matter they cover. They replace earlier discussions, estimates and correspondence on that subject, except where a party relied on a written statement that was fraudulent.

Neither party may assign a project agreement without the written consent of the other, except to a successor in connection with a merger or sale of substantially all assets, provided the successor accepts the obligations in writing.

Notices

Formal notices under a project agreement must be sent in writing to the addresses named in the agreement. Email is sufficient where a delivery receipt is obtained. We use the yard office address and the sales mailbox shown on this page unless a project agreement names a different contact.

Notices about a safety matter should also be given by telephone so that they are handled without delay. The phone number for the yard office is listed below and is monitored during business hours.

22. Contact Information

Questions about these terms, proposals or project agreements can be sent to the yard office.

These terms should be read together with the Privacy Policy published on this website. Both documents form the public information record for kfsales LLC.