General standard terms and conditions of Karcher GmbH, Bad Rappenau
1. Payment Terms
All payments will be net 30 days. We will add a month- ly finance charge, computed at a periodic rate of 18%, to any past due accounts.
We may modify the amount of credit extended to any customer at any time, either before or after any delivery. We reserve the right to ship orders C.O.D. or otherwise require payment in full prior to delivery. If a customer’s account is in arrears, we reserve the right to
(1) put the customer’s account on hold and delay ship- ment of further orders until payment in full is received and/or
(2) employ any other legal and equitable remedy that may be available.
All goods shall remain our property until we receive pay- ment in full, but upon delivery the customer shall bear the risk of loss. First-time customers shall be subject to an initial credit check and account approval, which shall be at our sole discretion. Similarly, we may close any cus- tomer accounts that we deem consistently problematic in our sole discretion, including accounts that make late payments, excessive errors while ordering, or excessive returns.
All prices are subject to change without prior notice. Any accepted order will be priced according to the prevailing price at the time of the order. Any orders delayed due to a customer’s account being on hold will be priced at the prevailing price at the time of shipment.
Prices do not include federal, state, or local taxes, nor any applicable import sales tax or customs duties. When appli- cable, such taxes and duties will be added to the invoice as a separate charge to be paid by the customer.
Orders may be shipped from Germany or from our U.S. warehouse. By default, all orders of product from our U.S. warehouse will be shipped via UPS ground, but a custom- er may request express shipping. Orders of product from Germany will be shipped in accordance with our German entity’s shipping schedule. Except for express shipping, which will be charged on a case-by-case basis, shipments whose net value is $250 or less will be charged a $15 ship- ping fee for the U.S. and $25 for Canada. Orders above $250 net value will have free shipping. We can dropship to U.S. addresses for an additional $10 fee. We are unable to dropship to Canada.
Freight charges, if any, will be added to the invoice. Upon delivery to the carrier, the customer assumes full risk for loss or damage in transit, and shall indemnify and hold us harmless from any claims for loss or damage to goods following delivery by us to the carrier.
ATTENTION: For Alaska, Hawaii, Mexico and The Caribbean Islands standard shipping terms are not applicable. Please contact sales office.
Against Us. Any claims for errors in quantity must be made in writing within 14 days of the delivery date. Any claims for billing errors or defective products must be made in writing within 30 days of the delivery date. Our sole liability with respect to defective products shall be as set forth below under “Warranty.”
5. Product Specifications
We reserve the right to change the sizes and designs of our products, and to discontinue products, without prior notice.
6. Custom Orders
Please contact us directly to discuss custom orders and the pricing thereof.
7. Order Cancellations and Changes
Any customer-driven changes or cancellations must be
in writing (either fax or email) prior to shipment. We can- not guarantee we will be able to comply with any changes or cancellations. Custom orders may only be changed or cancelled with our consent, and may be subject to a han- dling fee of up to the full order value.
We will not accept any returned products without prior written authorization. Except for returns related to our error, the minimum net amount for a return is $25. All requests for returns must be made in writing within 60 days of the original invoice date, and all returns must be received within 90 days of the original invoice date. Except for product defects and returns related to our error, we will charge a minimum 25% restocking fee for any product listed on our price list as a “Quickship” prod- uct, and a 100% restocking fee for all other products. We will also charge a reboxing fee of $5 per box for any damaged boxes. We will determine the amount of credit due, if any, upon inspection of returned goods. All returns must be shipped prepaid freight; we will not accept any returns shipped C.O.D.
We warrant that our products shall be free from defects in material or workmanship for a period of 2 years after purchase. Subject to the conditions stated below, we shall repair or replace (at our sole discretion) any defective product at no further charge.
This warranty is valid only for the original purchaser and first consumer owner and is not transferable. This war- ranty does not apply to ordinary wear and tear or to damage caused by conditions beyond Karcher Design’s control, including but not limited to accidents, lack of rea- sonable care, weather conditions, improper installation or maintenance, alteration, or abuse.
In particular, this warranty does not apply to products that are not intended to be used outdoors (including products made out of wood, leather, carbon, glass, laminate, and satin nickel) that are in fact used outdoors.
All warranty claims shall be handled by our customers (i.e., our authorized dealers), and then submitted to us for review. Any retail purchasers that contact us with war- ranty questions will be directed to contact an authorized dealer.
THE REMEDIES DESCRIBED ABOVE ARE THE PURCHAS- ER’S SOLE AND EXCLUSIVE REMEDIES, AND CONSTITUTE OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. WE EXCLUDE AND EXPRESSLY DISCLAIM LIABIL- ITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES OF ANY NATURE ARISING OUT OF THE SALE, INSTALLATION, MAINTENANCE, USE OR FAILURE OF ANY PRODUCT, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, PROPERTY DAMAGE, DAMAGES TO BUSINESS OR BUSINESS RELATIONS, OR DAMAGES FOR LOSS OF OPERA- TION. IN ALL EVENTS OUR LIABILITY WILL BE CAPPED AT THE PURCHASE PRICE PAID FOR THE PRODUCT.
10. Governing Law
Dispute Resolution. These Terms and Conditions are gov- erned by the laws of the state of Washington. Any related claim shall be resolved by litigation in a court located in King County, Washington.
11. Stainless steel care advice
The alloy stainless steel contains chrome and nickel which seems to make its surface resistant to bacterial depositing and is extremely easy-care. In case our product shows signs of rust on the surface, this is to be rust which has been deposited by the environment. This problem can especially arise in industrial estates or nearby the coast. In that case, the rust can be rubbed away but we regret that goods cannot be replaced after purchase.
ATTENTION: Do not use cream cleaner or any cleaner which contains chlorine.