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Sales & Delivery Conditions

  1. Usage
    1. These Sales & Delivery Conditions are valid for all sales/purchases of footwear and other related products, executed between Klaveness Footwear AS/Klaveness Footwear AB, hereafter called Klaveness, and their customers, hereafter called Buyer.
    2. Buyer accepts these conditions when ordering. These conditions are valid unless other written conditions are accepted by Klaveness. If nothing is specified in these conditions, local laws and regulations are valid.
  2. Offer and Order
    1. These Sales & Delivery Conditions are valid even if other information/conditions are stated in Buyer’s order or correspondence, unless Klaveness has agreed on those in writing.
    2. Klaveness’ offer is without any commitment and can be withdrawn or changed before Buyer has received written order confirmation from Klaveness. Buyer accepts these sales conditions by sending a written order or by receiving goods or other services. The valid delivery date for the order is the date stated on Klaveness’ order confirmation that Customer will receive after registration of the order by Klaveness.
    3. The customer is responsible for stating the proper size and changes needed when ordering individually produced products.
    4. Should the order confirmation not be in accordance with Buyer’s order, the Buyer is obliged to claim on this without unfounded delay. If such is not done, the order confirmation is to be seen as binding.
  3. Prices
    1. Prices are stated in price lists with agreed exchange rates for the Buyers’ countries. All prices are excluding VAT.
    2. Klaveness is striving to state correct prices at any time. However, Klaveness cannot guarantee that stated prices are the current ones.
    3. Buyer covers all costs that occur in connection with transport (freight, insurance etc.) unless other conditions are agreed upon in writing.
    4. Eventual discounts must be confirmed in additional contracts between Klaveness and Buyer.
    5. Klaveness is free to conduct price changes at any time without notification of Buyer.
  4. Delivery Terms
    1. If no delivery terms are specifically agreed upon, delivery shall be made “Ex Works” relating to INCOTERMS. If delivery terms are agreed upon, they shall be interpreted in accordance with current INCOTERMS.
    2. Delivery delays do not justify claims for compensation unless gross negligence from Klaveness’ side can be proved.
    3. Standard lead time for individually produced footwear is (after having received Klaveness order confirmation):
      • FIA adult: 10 working days
      • FIA children: 20 working days
      • OAS: 15 working days
      • OIL: 20 working days
      Lead times for all other products are stated in Klaveness’ order confirmations.
    4. In connection with holiday seasons in Klaveness Production Departments, delays may occur. Klaveness will inform Customer on significant delays in writing. Klaveness is trying hard to minimize any negative effects caused by holidays.
  5. Payment
    1. Unless otherwise agreed upon, payment shall be made within 30 days from invoice date. Klaveness reserves the right to conduct credit rating on Customer before credit is accepted.
    2. Klaveness reserves the right to demand a bank guarantee before shipment or send the goods C.O.D. (Cash on Delivery).
    3. The products remain Klaveness’ property until full payment has been made. If Buyer does not comply with the payment conditions, Klaveness has the right to take back delivered products.
    4. In case of delayed payment, Klaveness demands interest on overdue according to local law in the seller’s country.
    5. If payment has not been made within three months after due date of invoice, Klaveness may terminate the agreement in writing to Customer. In case of cancellation, the goods have to be returned to Klaveness. In addition, Buyer has to pay a compensation for the loss Klaveness has to bear caused by the default.
  6. Warranty and Defects
    1. Klaveness product warranty shall be in accordance with local jurisdictions.
    2. Buyer has to examine delivered goods immediately upon receipt, to ensure that the goods are in good condition and according to order confirmation. Buyer must inform Klaveness in writing about eventual defects without delay, latest within 7 days after receipt. If Buyer does not keep to this deadline for claims, the right to claims waived.
    3. Klaveness is obliged, through replacements or repairs, to remedy faults in the products that are due to defects in construction, material or manufacture. If agreed upon, a credit note can be issued alternatively. Klaveness’ liability does not include defects that are due to material supplied by the Buyer or designs specified by the Buyer. All repairs have to be performed by Klaveness. If Buyer makes changes on footwear themselves, the right to claim is waived.
    4. Klaveness’ responsibility does not include circumstances that occur after the risk for the goods has been transferred to Buyer, for example inadequate maintenance, wrong assembly, changes or repairs executed by the Buyer.
    5. Buyer can only demand compensation/replacement for expected loss as a result of the product’s defect if they claim without undue delay after the defect has been or should have been discovered. Klaveness has under no circumstances responsibility for operational loss, loss of time, loss of gross margin or any other indirect loss.
    6. Klaveness is under no circumstances responsible for compensation of harm or loss caused to any 3rd party.
  7. Return Terms
    1. 1. Buyer can only return goods according to the specific buyers’ agreement with Klaveness. If the parties have agreed upon a return, the goods have to be sent back to Klaveness within 30 days after receipt, together with packing slip or invoice. The goods shall be in the same condition as delivered, in original packaging. If articles are returned in defect packages, a fee will be charged. Buyer has to bear all costs for return unless a manufacturing defect or wrong delivery is the reason for return.
    2. 2. Klaveness does not accept return of goods on any discounted articles in campaign or special ordered articles or deliveries.
    3. 3. Klaveness is under no circumstances responsible for compensation of harm or loss caused to any 3rd party.
  8. Freedom from Liability
    1. Klaveness reserves the right to cancel the contract in writing in case the contract cannot be executed within reasonable time or if the fulfillment causes inappropriate circumstances caused by Force Majeure (war, strike, lockout, political reasons etc.). Klaveness has no liability for compensation in such cases.
    2. Klaveness makes every effort to maintain the accuracy and quality of the information provided in this document or any other document.
      However, Klaveness cannot guarantee and assumes no legal liability or commercial responsibility for the accuracy or completeness of information provided.
  9. Governing Law and Jurisdiction
  10. The purchase directed to Klaveness Footwear AS is regulated by Norwegian Law, jurisdiction will be executed at Sandefjord County Court. Purchase directed to Klaveness Footwear AB is regulated by Swedish Law, jurisdiction will be executed at Uddevalla County Court.