128
GENERAL TERMS AND CONDITIONS OF SALE
I. SCOPE
1. These General Terms and Conditions govern
sales contracts entered into by Kartell S.p.A.
(“Kartell”) and its clients, professionals that
purchase and resell (“Client”) the Goods
presented in the Kartell catalogue (“Goods”).
The General Terms and Conditions of Sale
may be waived or modified only through a
written agreement between Kartell and the
Client.
II. ORDERS
1. Each Product order constitutes an irrevoca-
ble offer by the Client. Kartell reserves the
right at its sole discretion, to accept, modify
or refuse orders at its sole discretion, or to
suspend delivery should the Client not pro-
vide Kartell with guarantees for the request
and not respect the sales guidelines issued
by Kartell from time to time.
2. Excluding purchases made for specific pur-
poses agreed in advance with Kartell or in
the “contract” channel, the Goods may only
be resold retail at the sales point indicated
to Kartell.
III. PRICE
1. Unless otherwise agreed, the prices of the
Goods indicated in the price list are ex
works for deliveries within the European
Union, and ex Kartell warehouse for deliver-
ies outside the European Union.
2. The minimum amount of each order for deliv-
ery inside Italy is €400.00 (four hundred
euros) excluding VAT, and €500.00 (five
hundred euros) excluding VAT within the
European Union. Should the order not reach
this amount, the order may be accepted with
a minimum additional charge on the Client
invoice of €25.00 (twenty-five euros) in the
first case, and €40.00 (forty euros) in the
second case as a “partial contribution to
expenses”.
3. The price applied to the Goods is that in
force at the order date. VAT must be added
to the prices indicated in the price list (minus
any discounts) in accordance with the law.
4. Kartell reserves the right to modify the price
of the Products 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 under-
stood 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.
IV. OWNERSHIP
1. Pursuant to Articles 1523-1526 of the Italian
Civil Code, ownership of the Goods will
be transferred to the Client only upon full
payment of the price. In the event of hire
purchase and Client default, Kartell shall
retain any instalments already paid by way
of compensation, without prejudice to claims
for greater damages.
V. PAYMENTS
1. Payment is considered to have been made
only when Kartell is in possession of the
amount. In the event of payment by cheque
or other method, the payment method must
be considered to be accepted subject to
payment in due course.
2. However, order payment may not be sus-
pended or delayed due to Client claims
or defences regardless of ownership, nor
may the Client offset debits and credits with
Kartell.
3. In accordance with Article 1186 of the Ital-
ian Civil Code, failure to pay or partial pay-
ment of any amount owed to Kartell shall
automatically place the Client in default
with the resulting expiry of the time limit and
Kartell’s simultaneous right to suspend deliv-
eries, refuse or cancel orders, modify sales
conditions and take action to ensure full pay-
ment of the credit, in addition to expenses,
interests and damages. Late payment will
also result in the automatic application (with
no prior notice) of late interest at the rate
established by Article 5 of Legislative Decree
231/2002.
VI. DELIVERY
1. The delivery date is purely approximate and
non-binding, with Kartell being entitled to
make partial deliveries.
2. Should delivery be delayed as requested by
the Client, Kartell reserves the right to charge
monthly
warehousing
and/or
handling
expenses equal to 10% (ten percent) of the
amount indicated on the invoice, beginning
in the month following notice to the Client of
the Goods’ availability.
3. Any Product order cancellation or rejection
at receipt will result in the application of a
penalty on the Client of 30% (thirty percent)
of the amount indicated on the invoice, with-
out prejudice to claims for greater damages.
4. Should the Goods be shipped outside EU
territory, the Client must provide Kartell all
documents certifying Product delivery within
one (1) month. Should the Client fail to do
so, Kartell reserves the right to charge the
Client all expenses incurred to complete the
sale operation.
5. At delivery, the Client must carefully inspect
the quantity and condition of Product pack-
aging. On pain of forfeiture, any obvious
defect must be: (i) reported in writing to the
shipper at the time of delivery, indicating
expressly on the consignment note “condi-
tional acceptance”, and (ii) promptly report-
ed in writing to Kartell within 48 (forty-eight)
hours of delivery, in compliance with the
instructions below.
6. Any returns must be approved in writing in
advance by Kartell: unauthorised returns will
be returned to the sender along with delivery
charges.
VII. GUARANTEE AND CLAIMS
1. The legal guarantee for the Goods begins,
as per Article 1495 of the Italian Civil
Code, on the date of acceptance of Product
delivery by the Client or its representatives.
2. Any claim regarding the Goods (excluding
those identified at the time of receipt and
regarding shipping) must be made in writ-
ing to Kartell within 8 (eight) days
of the discovery, and in any case within
12 (twelve) months of Product delivery
acceptance by the Client or its representa-
tives in compliance with the following proce-
dure: (Par. 6. Claims)
3. With reference to the Consumer Code, Leg-
islative Decree 206 of 6 September 2005,
Articles 131 and 132, the Client loses and
forfeits any right of recourse against Kartell
if it does not notify Kartell in writing of an
end-customer claim within 8 (eight) days of
receipt of the end customer’s complaint using
the procedure described above.
4. Kartell shall not be liable for damages
caused by improper use, tampering, nor-
mal wear or failure to respect the assembly
and maintenance instructions included in the
product card, or component modifications or
replacements with others not in accordance
with the original specifications.
5. In any case, Kartell's liability is limited to
the value of the defective goods: Therefore,
Kartell may not be held liable, among other
things, for expenses sustained by the Client
or end customer or for any other damage
claimed (direct or indirect).
6. The bulbs contained in the packaging
of each lamp are supplied by Kartell
as a courtesy in order to provide the
best service to our customers. Howev-
er, since these accessories are not directly
manufactured by Kartell but supplied by
external suppliers, Kartell does not guaran-
tee their correct function. In case of bulb fault
or failure, it is the customer's responsibility
to replace the bulb, in compliance with the
technical information in the catalogue, in the
dedicated section, or in the instruction book-
let enclosed with the product, to which ref-
erence is made in full, and for which Kartell
assumes no liability.
VIII. COMPETENT COURT
1. Any disputes arising directly or indirectly
from the contractual relationship are the
exclusive competence of the Milan court.
2. Applicable
law
is
substantially
Italian
(excluding any application of foreign laws).
129
CLAIMS FOR SHIPPING DAMAGE
Should one of the following situations be noted
at the time of Product delivery
a) merchandise missing with respect to accom-
panying document
b) merchandise different with respect to
accompanying document
c) Damaged packaging, highlighted by the
relevant impact indicator where it is affixed
to the packaging;
the Client must
1. write reservations on the consignment note
(either on the carrier’s copy or on the recip-
ient’s copy). Written reservations must be
detailed, as general reservations are not
sufficient to allow proper processing of the
claim
2. Complete the reporting form ( Transport
claim form ) in full: the form (facsimile
shown below) is available from Kartell’s
regional agent, or Kartell’s Sales Office at
transport@kartell.it;
3. Send a copy of the consignment note and
the reporting form within 48 (forty-eight)
hours of Product receipt.
CLAIMS FOR PRODUCT
NON-CONFORMITY
To notify Kartell of a claim in the event of Prod-
uct non-compliance, send the following doc-
uments to the Kartell Customer Care Office at
quality@kartell.it:
1. The product non-compliance form ( Generic
claim form ) completed in full. the form (fac-
simile shown below) is available from the
Kartell Customer Care Office, at the e-mail
address above, or from Kartell’s regional
agent;
2. Photographs showing the non-compliance
(at least one photo per non-compliant Prod-
uct)
If the complaint concerns a new product -
just received by the customer or just delivered
by the customer to the end customer - you must
also send images of the relative packaging,
supplying a full view and close up of the dou-
ble label (production and shipping), as shown
below.
You should keep hold of the Quality Control slip
found inside the Product information, because it
contains information which may be required by
the Kartell Customer Care Department to make
any required checks on production batches
potentially affected by non-conformity. After
sending the documentation indicat-
ed in the above paragraphs, we
recommend you keep the original
product packaging.
Only reports sent to the aforementioned
addresses along with all the required elements
will be taken into consideration by Kartell.
In the absence of any or all of the required doc-
umentation and/or the original packaging, or in
the case of failure to follow the procedure set
out above, Kartell will be unable to follow up
your report.
Kartell cannot be held liable for any damage,
defects or faults caused to the products or result-
ing in any way from and/or connected with
transport or deliveries not carried out directly
by Kartell through its agents or carriers. Kartell
strongly recommends the use of transport com-
panies with proven experience, which guaran-
tee a high level of service.
If it is possible to use the WebUP system,
the complaint can be registered in the sys-
tem using the same procedure.
CLAIMS
Claim form
TRANSPORT DAMAGE
Customer Code
Company Name
Customer Number
Kartell Invoice number and date
Kartell transport document number and date
NON-CONFORMITY OBSERVED UPON DELIVERY OF:
ARTICLE CODE
QTY
Missing merchandise
Different merchandise
Damaged packaging
Description of
non-conformity
Along with the claim form, ALWAYS send a copy of the SIGNED delivery document
WITH SPECIFIC RESERVATIONS to: transport@kartell.it.
Agent Data
Agent Name
Kartell Agent Code
Place and date
[Place and date]
__________________
The Client
[Stamp and legible signature of legal representative]
Pursuant to and by effect of Articles 1341 and 1342 of the Italian Civil Code, the Client declares to have read, understood and expressly accepted
the following clauses: Article IV, Ownership Article VI, Delivery Article VII, Guarantee and Claims Article VIII, Competent Court
CLAIM FORM
Customer Code
Company Name
Customer Number
Kartell invoice number and date
Kartell transport document number and date
Code of contested item
New or used item
Quantity
Description of defect discovered
Photos sent to quality@kartell.it:
Photo item no.
Full view photo of packing no.
Photo of packing label details no.
AGENT DATA
Agent Name
Kartell Agent Code
Place and date
[Place and date]
__________________
The Client
[Stamp and legible signature of legal representative]
Transport claim form
Merchandise non-conformity claim form
