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CUSTOMER CARE
CONTROLLO QUALITà
QUALITY CHECK
CONTRÔLE QUALITE
QUALITÄTSKONTROLLE
CONTROL DE CALIDAD
CONTROLO DE QUALIDADE
品質管理
품질 관리
КОНТРОЛЬ КАЧЕСТВА
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CLAIM
FORM
QUALITY
CONTROL
GENERAL TERMS AND CONDITIONS OF
SALE EXCLUSIVELY RESERVED TO KARTELL
US RETAILERS
This General Terms and Conditions of Sale (the “GTCS”)
define the rights and obligations of KARTELL US Inc. (the
“Vendor”) and its customers (each, a “Dealer”) and shall
apply to all contracts or orders (each, a “Contract”) for
the sale of the Vendor’s products (the “Products”) between
the Vendor and a Dealer (the Vendor and a Dealer shall
jointly be referred to as the “Parties”).
1. Entire Agreement. This GTCS constitutes the
entire and exclusive agreement between Dealer and
Vendor. Any changes to this GTCS must specifically be
agreed to in writing by Vendor before becoming binding
on Vendor.
2. Title and Risk of Loss. Title of the Products shall
pass to Dealer only upon payment in full of the purchase
price and any auxiliary charges. All the risks of loss and
damage to any product shall pass to Dealer upon pick
up of the merchandise from any Kartell Warehouse if the
shipping terms are Ex Work/Pick Up FOB NJ or FOB
Italy. All the risks of loss and damage to any product
shall pass to Dealer upon Delivery of the Product when
the shipping terms are Kartell Prepaid Shipping or DDP.
In the event Dealer rejects or revokes acceptance of any
Products for any reason, all risk of loss and/or damage
to such Products shall nonetheless remain with Dealer
unless and until the same are returned to such place as
Seller may designate in writing. If the Dealer fails to make
a payment when due, Vendor may reclaim specific Prod-
ucts, or all Products of the same kind and quality held by
the Dealer.
In case the Vendor repossesses Products that are in good
conditions and marketable, the Dealer will be credited
with their price after deducting, on one hand, the costs
of repossession and, on the other, their possible loss of
value between the Contract and repossession dates.
Before acquiring title to the Products, the Dealer may nei-
ther grant any security interest therein to a third party, nor
transform or resell them, without the Vendor’s prior written
consent. The transfer of risks being effective as of deliv-
ery, the Dealer shall assist the Vendor in any action the
latter may be required to take in order to protect its rights
of ownership in the Products.
Dealer commits itself, under all circumstances, to maintain-
ing any delivered Products in such a manner as to avoid
any confusion about their ownership by the Vendor.
3. Order Approval. Dealer’s placement of an order
does not necessarily assure that Vendor will accept such
order. All orders are subject to Vendor’s approval. Ven-
dor reserves the right at any time after receipt of Deal-
er’s order to accept or decline such order, or any portion
thereof, even after Dealer’s receipt of an order confirma-
tion. Vendor reserves the right, at Vendor’ sole discretion,
to limit the quantity of items purchased and/or to prohibit
sales to Dealer. Product ordered may become unavail-
able due to product or parts shortages, discontinuance of
Product, or other reasons.
4. Payment. In case of installment purchase or default
of Dealer to pay the purchase price, Vendor shall retain
any installments already paid. Under no circumstances
Dealer shall have the right to suspend or delay payment
of Products for Dealer’s claims or to compensate the
purchase price of Products with other amounts payable
and receivable to/from the Vendor. Non-payment of a
fraction of the price when due, or non-observance of
any payment’s due date, shall trigger the Vendor’s right
to demand immediate payment of all sums then still due
(promissory notes included) and to retain any installments
held by the Vendor. Therefore, failure to pay even par-
tially any amount owed to the Vendor shall automatically
place the Dealer in default with the consequent expiry
of the term and the simultaneous right of the Vendor to
suspend supply, refuse or cancel orders and change the
commercial conditions for any future supply and to take
action to ensure the payment of the entire debt, in addi-
tion to expenses, interest and damages. Vendor may, at
its option, impose a late payment charge on any past
due invoice equal to the lesser of 1.0% per month or the
maximum rate allowed by law on the entire outstanding
balance, until the outstanding balance is paid in full. In
addition, Dealer shall pay for all costs (including reason-
able fees) incurred by Vendor in connection with the col-
lection of any late payment, with a minimum of $50 per
unpaid invoice.
5. Special orders. Any order for Products not in
stock in the U.S. (“Special Order”) must be prepaid in full,
when applicable, and cannot be cancelled by Vendor.
In case of cancellation no refund will be issued and the
order will be invoiced at full charge, freight included.
6. Prices. Prices listed are FOB New Jersey ware-
house.
7. Cancellation Fee. If an order for a In Stock Pro-
gram Products (ISP) is cancelled after 48 hours from its
submissions, and the quickship item is in stock, the Ven-
dor will charge 18% of the Retail Price or the 30% of
the Wholesale Price of such Products. If an order is can-
celled after drop shipment the Dealer must reroute to the
Dealer’s delivery location.
8. Delivery. It is duty and responsibility of the Dealer
to carefully check upon delivery any Products for damage
and shortage while the carrier is still present. Any claim
for damage and shortage should be notified to the carri-
er and to Vendor pursuant to Section [] below ("Guaran-
tees, claims and liabilities"). Vendor will arrange the deliv-
ery of the orders only to the Dealer's location. The carrier
is provided by the Vendor or by the Dealer and it will be
provided the same service currently offered.
9. Drop Ship. Dealers are responsible for all ship-
ment costs associated with drop shipments. Vendor will
not take care of any drop ship. The information about
the preferred shipping method must be specified in the
purchase order. The name of the carrier and the account
number are required to fulfill the order. The title and the
risks of loss or damage of the Products shall pass to the
Dealer upon delivery of the Products to the carrier. An
extra charge of $ 100.00 will be applied to orders to be
shipped within 24 hours; provided that only small parcels
can be shipped within 24 hours.
10. Customer’s Own Material (COM) and
Customer’s Own Leather (COL). Vendor recom-
mends all material to be shipped rolled (instead of fold-
ed). Vendor reserves the right to reject any COM or COL
that Vendor feels inadequate for any reason and assumes
no responsibility for its overall appearance, flammabili-
ty, normal durability, color fastness or any other quality
after upholstered on a Product. Vendor is not responsible
for performance, color accuracy, or weaving of COM
materials. Vendor is not responsible for receipt of defec-
tive COM/COL material as all COM/COL materials
are accepted as first quality goods. All responsibility for
COM shipments is between the purchaser/Dealer and
textile source. When using COM or COL ship materials
freight prepaid to: KARTELL ITALY (Please contact Kartell
US in order to obtain the right details for contact and
delivery address).
Each package must be identified and marked with:
(1) purchasing Dealer name and purchase order number
(2) the Vendor acknowledgement number
(3) the Product name on which the fabric or leather is
being applied
(4) fabric name, number and color
(5) other pertinent information which will enable proper
COM/COL identification
11. Fabric Requirements. Yardage requirements
shown are based on non-directional 54” wide materi-
al applied railroaded. The following conversion chart
should be used to determine yardage requirements when
COM (as defined below) is less than 54” wide and/or
has a repeat of 2” or more. Add together the vertical
and horizontal repeat to determine which column should
be used as a reference. The Vendor reserves the right
to railroad or apply fabric according to weave unless
instructions specify otherwise. Fabrics are railroaded
when possible to avoid seams in large upholstered areas
and/or single cushion units. If a fabric is questionable,
a cutting of adequate size showing full repeat (if any)
should be sent to the Vendor for a fabric quotation. The
Vendor reserves the right to request additional yardage of
COM or COL (as defined below) at customer expense
based on pattern/repeat size. To determine the possi-
bility of reduced yardage requirements for orders of ten
(10) or more units, please contact the Vendor Customer
Service Department, at Kartell US, 39 Greene St, New
York, NY 10039, tel. (212) 367-3701. ( see TABLE 01
below )
12. Labels. Our labels will include the EAN (GTIN--
13) barcode. EAN 13 is the barcode used for marking
products intended for the global market. As the name
suggests, EAN 13 represents a code with 13 charac-
ters: the first three figures of the code identify the country
where codification was requested by the product brand
owner and the remaining figures identify the producer
and the product. When Dealers receives Vendor packag-
es shall be able to identify the Product using any type of
bar-code reader.
13. Limited Warranty. Vendor warrants to Deal-
er and to the final purchaser that all new Products will
be free, under normal use and service, from defects in
workmanship or materials (cuts, scratches, normal wear
and tear excepted), provided that any allegedly defec-
tive Product has not been (i) altered, misused, neglected,
tampered or damaged through causes unconnected with
its manufacture, cleaned with wrong cleaning methods
or wrong cleaning products, or damaged by impacts or
accidents (ii) improperly installed or assembled, or dam-
aged during installation, (iii) repaired for warranty defects
by anyone other than Vendor or its authorized service
providers, (iv) used in violation of operating instructions or
(v) placed outdoors or in a humid environment or used for
non-domestic purposes (unless otherwise stated). With-
out limiting the generality of the foregoing, this Limited
Warranty does not cover the following: (i) Product failure
caused by faulty power supplies, overheating caused by
improper installation, (ii) failure caused by fires, misuse,
accidents, abuse, neglect, mishandling, misapplication,
improper handling/installation incurred by the user/
installer or Acts of God (such as lightning or fluctuations
in electrical power) (iii) Products which have been mod-
ified or have had the serial number altered, defaced
or rendered illegible and (iv) Product is left operating in
conditions/requirements other than those mentioned in
respective Product brochures or user manuals. This Limited
Warranty shall terminate upon the expiration of ONE (1)
YEAR from the date of purchase. This Limited Warranty
is not transferable and shall not extend to anyone other
than Dealer and the final buyer.
14. Warranty Service. In the event that a defect
in a Product is found within the terms of this Limited War-
ranty, Vendor will have the right, at its exclusive option,
to either repair the Product or replace the Product with a
new or comparable Product. Replacement of defective
parts or components of the system does not extend
the Limited Warranty period on Product neither on spare
part. Vendor reserves the right to request allegedly defec-
tive parts be returned for inspection with cost incurred to
return such parts borne by Dealer, as applicable.
15. Disclaimer of Other Warranties and
Limitation of Liabilities/Remedies. Except
GENERAL TERMS AND CONDITIONS OF SALE
as expressly warranted in this limited warranty, to
the maximum extent allowed by local law, vendor
hereby disclaims any statutory and implied warran-
ty and any remedy applicable to Products which
but for the warranty contained herein might arise by
implication or operation of law, including, but not
limited to, the implied warranties or conditions of
merchantability, fitness for a particular purpose and
satisfactory quality. Vendor assumes no responsability
that the Products will be fit for any particular purpose for
which the Dealer may be buying these Products. The sole
obligation and liability of vendor and it's Affiliates and
Dealer's sole and exclusive remedy, in connection with a
Product or its use or application, whether based on war-
ranty, contract, tort (including negligence) or any other
legale theory, shall be stricktly limited at Vendor's option
to repair or replacement of the Product with exclusion
of any special, consequential, incidental or exemplary
damages arising out of or in any way connected with the
products or otherwise, nor for any damages (whethere
direct ot consequential) for lost profits, loss of the prod-
ucts or any associated equipment, cost of capital, cost of
substitute or replacement equipment, facilities or services,
down time, your time, lost data, injury to property or any
damages or sums paid by Dealer to third parties. With-
out prejudice to the above, the Vendor's liability shall not,
in any event, exceed the price allocable to the Product or
serivce which give rise to the claim, loss or damage.
16. Products and Prices. Further to any product
updates, Vendor reserves the right, without any notice,
to change the technical features of any Products and to
make changes to the Product range.
Prices provided with the present Price List are applicable
and in force upon receipt.
The prices are considered valid until further notice. Deal-
ers shall do their best to conform to the manufacturer’s
minimum suggested retail prices studied and duly evaluat-
ed on the basis of the market trend and target consumers.
Kartell reserves the right to modify the price of the Prod-
ucts indicated in the price list, at any time, as a result of
events that determine an increase in production costs, by
way of non-limiting example, an increase in the costs of
(i) raw materials, (ii) transport, (ii) labour, (ii) energy, etc.,
or any other factor relating to production dynamics. It is
understood that any changes in the price of the Products
shall not in any way affect orders finalised before the
entry into force of such price changes.
17. Force Majeure. In the event that either party
hereto is unable to perform any of its obligations under
this GTCS, or to enjoy any of its benefits because of (or
if loss of the Products is caused by) natural disaster, riots,
strikes, freight embargoes, acts of God, acts of war or
hostilities of any nature, laws, regulations, actions or
decrees of governmental bodies (whether foreign or
domestic, federal, state, county or municipal) or commu-
nications line failure not the fault of, or that could not rea-
sonably have been prevented or avoided by, the affect-
ed party (hereinafter referred to as a “Force Majeure
Event” or “Event”), the Party who has been so affected
shall promptly give notice to the other party and shall
notify the other Party in writing of the nature of that event
and the prospects for that party's future. Upon receipt
of such notice, all obligations under the purchase order
shall be immediately suspended and delays in delivery
due to Force Majeure Events shall automatically extend
the delivery date for a period equal to the duration of
such Events.
18. Applicable Law and Jurisdiction. This
GTCS and the rights and obligations of the Parties shall
be governed in all respects by, and construed in accor-
dance with, the laws of the State of New York (without
regard to the principles of conflicts of laws). The parties
hereby consent to the sole and exclusive jurisdiction of
the courts of the State of New York or the United States
Federal District Court for the Southern District of New
York for purposes of any action or proceeding brought
by either of them on or in connection with this GTCS on
any alleged breach thereof and to assert that any such
court constitutes an inconvenient or improper forum.
CLAIMS:
TRANSPORT DAMAGES AND NON CON-
FORMITY TRANSPORT DAMAGE
Unless Dealer provides Vendor with written notice of any
claim for shortages of or defects in the Products within
eight (8) days of delivery of the Products, such Products
shall be deemed finally inspected, checked and accept-
ed by Dealer. Any claims for concealed damages must
be made within 8 (eight) days of its discovery from the
delivery of such Product. Vendor declines any responsibil-
ity for items picked up from the Vendor's warehouse and
for damages or loss of packages/items with respect to
any drop ship order. Dealer must communicate in writing
its claims on the delivery receipt and/or the bill of lad-
ing on both carrier's and recipient's copy in the following
occurrences:
1. Product missing the accompanying product instructions;
2. Product different with respect to accompanying prod-
uct instructions;
3. Damaged Product packaging.
4. Product non-conformity. Any claim must be detailed
and indicate one of the reasons listed on the form (mer-
chandise missing, merchandise different or packaging
damaged, etc.). Dealer shall complete the transport claim
form in all its parts. Copies of the delivery receipt and
of the claim form must be sent to Vendor within 8 (eight)
days of receipt of the merchandise.
KARTELL
CUSTOMER SERVICE DEPARTMENT
e-mail: claims@kartellus.com
ONLY CLAIMS SENT TO THE E-MAIL ADDRESS ABOVE
WILL BE CONSIDERED WITH THE FOLLOWING DOC-
UMENTS:
• the Claim Form duly completed in all its parts. This
form (an image is shown. hereafter) may be requested
from the Kartell Costumer Service Department, at the
address shown above or from the Kartell agent for the
area.
• Photographs of the alleged defect (for each defective
product). If the claim concerns a new product (just
received by the Retailer or just delivered by the Retailer
to the end user) "full view" photographs must also be
sent of its packing with photographs also of the double
label (shipment and manufacturing) as indicated in the
photograph shown below.
• The QUALITY CONTROL slip found inside the product
tag must be kept since the data on it may be requested
by the Quality Office in order to check the production
lot.
Please note the followings:
1. claim resolution period is within 30 days;
2. any replacement items asked before the period of res-
olution will incur additional charges;
3. Vendor collection includes items that masters cartons
consisting of multiple like pieces.
Vendor will not break down the master carton in any
case. If the claim is fulfilled for one piece, the other items
will be shipped at charge.
PLEASE BE ADVISED THAT VENDOR CANNOT PRO-
CESS THE CLAIM IF ALL OR EVEN SOME OF THIS
REQUIRED INFORMATION IS MISSING.
It is obligation of the Dealer to inform the end user that
the original packing of each Product must be kept for pro-
cessing any claim against Vendor.
Kartell cannot be held liable for any damage, defects or
faults caused to the products or resulting in any way from
and/or connected with transport or deliveries not carried
out directly by Kartell through its agents or carriers. Kar-
tell strongly recommends the use of transport companies
with proven experience, which guarantee a high level of
service.
If it is possible to use the WebUP system, the com-
plaint can be registered in the system using the
same procedure.
Here you will find the guide for correctly
uploading the complaint to WebUP:
http://b2b.kartell.it:8080/WebUP/views/web/webuplogin.jsf
