General conditions of sales
The present general terms and conditions become binding, the content having been acknowledged by placing an order and particularly by the acceptance of our offers, order confirmations, invoices. Any deviating conditions of the customer shall only be valid if KARACTER Ltd has accepted them explicitly and in writing.
1. General provisions
Orders placed with us and contracts processed by us are subject, without exception, to the following terms and conditions. These cancel and replace any clause appearing in all documents issued by our customers and/or contractors. Consequently, any relevant agreements or declarations must be in writing.
2. Acceptance of orders
Any order transmitted to us directly by the buyer or through a representative shall only become final after acceptance on our part.
The communicated prices are always given exclusive of VAT, unless special conditions apply. All prices are non-binding. The prices offered can only be maintained if the qualities indicated in the offer are ordered in full and without modification. Prices are based on the costs in effect on the day the offer is sent. Accordingly, Karacter reserves the right to adjust its prices in the event of significant changes in the elements on which the prices were calculated and in the event of outstanding deliveries of goods.
4. Retention of title
Until full payment has been made in accordance with the contract, Karacter Ltd remains the owner of its delivered goods even if they are already in use. The customer will be obliged to participate in all measures necessary to preserve the property of Karacter Ltd. The customer authorizes Karacter Ltd, with the conclusion of the contract, to register its reservation of ownership in the public register. In case of transfer of goods to an agent or carrier, the risk shall be borne by the customer.
5. Shipment, postage, packaging
Shipment is made according to your instructions or, failing that, by the quickest and most advantageous route for the customer. Packaging and shipping costs are not included in our prices. The delivery of the goods may be made in instalments. In this case, the shipping costs will only be charged once.
6. Risk and peril
At the expense of the buyer, shipments of choice are not taken back until 10 days after receipt of the goods at the latest. When issuing credit notes for returned goods that have already been invoiced, the shipping costs will not be credited, unless it is the fault of Karacter Ltd.
If the shipment is delayed at the express request of the customer or for a reason for which Karacter Ltd is not responsible, the risk is transferred at the originally scheduled time of departure of the goods from the company. From that moment on, deliveries will be stored at the expense and risk of the customer.
Our goods always travel at the risk and peril of the consignee, who is obliged to check the delivery(s) and immediately notify the deliverer/carrier in writing of any defects. In the event of a dispute during delivery, it is up to the customer:
1) to note on the carrier's delivery note the nature of the observed dispute (missing goods, broken package, wet package, etc... and in no case "subject to unpacking".
2) to confirm to the carrier, within three working days following delivery, the reservations made on the delivery note by registered mail with acknowledgement of receipt. No claim against Karacter Ltd will be admissible in case of non-compliance with these two points.
8. Return of goods
The customer has a period of 10 days, without justification, from the date of receipt of the goods, to return them at his expense and in perfect condition. In this case, the totality of the purchase will be refunded. The transport costs for the returned merchandise shall be borne by the customer. In all cases, the return of the merchandise must be accompanied by a delivery note, be sent carriage paid and be returned in its original packaging.
9. Specially manufactured products
In the case of orders that have not been the subject of a prior offer or that are not based on a price list, the purchaser shall exclusively recognise the contract price.
10. Scope of delivery
Delivery times are established according to the best estimate. Their indication is given without obligation. However, we take care to keep them as short as possible. For reasons of force majeure or other circumstances beyond the control of Karacter Ltd, we do not accept any claims for replacement for deliveries not made or delayed. The delivery period begins as soon as the contract has been validly concluded and the customer has made any payments. The delivery period is extended by a reasonable period if impediments or delays occur for which Karacter Ltd is not responsible. Such impediments include, for example, significant technical incidents, accidents, labor disputes, fire, war, the entry into force of import bans, or a significant increase in customs duties.
Invoiced amounts are payable according to the agreed terms and conditions. The customer is not entitled to withhold or reduce his payments due to claims or counterclaims that Karacter Ltd has not recognized. Karacter NV reserves the right to charge interest on arrears as well as fees for late payment.
Karacter Ltd retains all rights to any trademarks, drawings or designs that it has provided to the other party and the client declares that he acknowledges these rights. Without the express permission of Karacter, it is prohibited to reproduce them in whole or in part, to use them for any purpose other than that for which they were submitted to Karacter, or to communicate them to third parties.
13.Place of Jurisdiction
The place of jurisdiction is 1196 Gland.
Only Swiss law shall apply
At all times, Karacter Ltd strives to deliver top quality products. The selection and delivery of the products are subject to the utmost care. For this reason, the only guarantee that we provide regarding the quality of the products is, at our discretion, the repair or replacement of products with a manufacturing defect within the contractual period, excluding labour. No compensation or additional damages may be claimed from us for any reason whatsoever. Notices of defects must be submitted to us immediately after receipt of the goods, at the latest within 10 days. In the event of a hidden defect, the notice of defect must reach us by registered mail immediately after discovery of the defect, at the latest within 3 months after receipt of the goods. Charity can never be guaranteed in the following cases where:
a. The invoice has not been paid in full.
b. The defect is due to improper handling, negligence or accident on the part of the customer.
c. The notice of defect was not submitted within the contractual period.
The warranty is valid for one year and takes effect from the date of delivery.