We believe in shoes that can be worn for years. It’s the opposite of disposable fashion. The quality concept is about natural fabrics, chrome-free leathers, and durable constructions, creating the ability of a product to withstand the test of time. This is how KAVAT turns old shoemaking traditions into new. The EU Ecolabel is proof of concept. KAVAT has more than 50 styles certified under the EU Ecolabel criteria.
Erik ThyreliusSales RepresantativAddress Kölner Str. 17a
Terms & Conditions
TERMS & CONDITIONS OF SALE SKOFABRIKEN KAVAT AB (“KAVAT”)
These Terms and Conditions of Sale shall control over any conflicting or inconsistent terms or conditions or any purchase order of Buyer, notwithstanding any provision to the contrary in such purchase order. Neither shall KAVAT’s commencement of performance nor delivery be deemed or construed as acceptance of Buyer’s additional or different terms and conditions.
1. Products and Orders
The Buyer is entitled to order assortment of products according to KAVAT’s Product Catalogue or pricelist applicable at the time of the purchase order.
All purchase orders (“Orders”) shall be in writing and subject to written acceptance by KAVAT. E-mail confirmation is accepted by the Buyer.
KAVAT will send the Buyer an order confirmation e- mail containing the exact delivery date no later than four (4) weeks after the placed order and which includes the delivery date. The delivery date will have an insecurity period of +10/-10 working days, which is accepted by the Buyer. The same applies to replacement or repeat order in season.
The products are delivered marked in accordance to KAVAT’s Product Catalogue. All deliveries are packaged according to KAVAT's normal reference code and EAN code, unless otherwise agreed in writing.
The first Order shall be on Pro Forma payment terms unless otherwise agreed to in writing by KAVAT or Buyer is a known Buyer to KAVAT with satisfactory payment record and references.
KAVAT is entitled to require a prepayment for the acceptance of an Order in its own discretions. Buyer shall be notified thereof by the latest at the placing of the Order and before KAVAT has accepted the Order.
Buyer shall pay all invoices within thirty (30) days from the date of invoice, unless other payment term is agreed between the parties.
All payments shall be made in SEK, NOK or EURO, net of any wire costs, bank fees, currency exchange rates or other similar fees.
KAVAT shall have the right to cancel any previously accepted Order placed by Buyer, change the credit terms, or refuse or delay shipment if Buyer fails to meet payment schedules or financial requirements established by KAVAT.
If Buyer at any time is overdue on payments, KAVAT may impose interest at the rate of one and one-half percent (1.5%) per month on the past due amount until Buyer is current on all past due amounts.
Delivery of the Products are made CIF to Buyer’s indicated warehouse address unless otherwise agreed (for example non-EU countries). KAVAT is responsible for all freight and insurance charges (including freight administration) relating to shipment of the Products.
Products shall be shipped in KAVAT’s standard packaging. KAVAT shall use reasonable efforts to meet delivery dates quoted or acknowledged but will
not be liable for its failure to meet such dates. Partial shipments shall be permitted.
The Buyer is obliged to accept the delivery of an Order by the latest one week after confirmed delivery date, including the -10/+10 working days insecurity period.
If KAVAT has manufactured the ordered products prior to scheduled delivery date, KAVAT and the Buyer may agree in writing that the Buyer shall accept early delivery than the first agreed delivery date. In such case, KAVAT will agree to change the due date of the invoice to the date that would normally apply if the products were delivered as originally agreed.
Any delay in accepting the receiving of an Order causes KAVAT losses. KAVAT is therefore entitled to charge liquidated damages from the Buyer if the Buyer in any way delays the receiving of delivery of an Order, there including a situation where the Buyer’s acceptance of the Order results in Buyer exceeding is credit limit. KAVAT has the right to the liquidated damages without KAVAT having to prove it has suffered any loss or damage. Such liquidated damages will be claimed as of the beginning of the week following a week after the Buyer has been notified that the Order is ready for delivery.
KAVAT shall be entitled to liquidated damages of Euro 1,000 for the first week of delay, which are due immediately on day 8 of the delayed receival, and thereafter a weekly rate of zero point five percent (0.5%) on the invoice amount for the delayed receival of delivery counted as of day 15, day 22 etc. The liquidated damages shall not exceed a total of ten percent (10 %) of the part of the invoice amount for the order, excluding the Euro 1,000. The liquidated damages are due on each specific Order.
If the Buyer does not accept delivery of the Order within 30 days the Buyer has been notified that the Order is ready for delivery, KAVAT has the right to sell the Products to another Buyer. Any liquidated damages paid are not refundable. In addition to sale of the Products to another buyer, KAVAT is also entitled to claim compensation for damages caused
and which exceeds the liquidated damages paid or due.
4. Delays in performance
If delay on its part seems likely, KAVAT shall forthwith notify the Buyer thereof in writing, stating the reason for the delay and the time when delivery can be expected.
If delivery from KAVAT is delayed more than 15 days, the Buyer will receive a 5% discount on the invoiced amount for that specific order, transport and other costs excluded. If the delay is more than 4 weeks, the discount will be 10%. If the delay is more than 5 weeks, KAVAT may in its own discretion choose whether to grant 20% discount or cancel the order.
KAVAT shall, however, not be liable for any delay in performance due to unforeseen circumstances or due to causes beyond its control including, but not limited to, acts of nature, acts of government, acts of terrorism, labor disputes, delays in transportation, equipment breakdown, delays in delivery, inability to deliver by KAVAT’s suppliers or inability to obtain an export license.
In the event KAVAT is unable to wholly or partially perform because of any cause beyond its control, KAVAT may terminate the Order without any liability to Buyer and shall forthwith notify the Buyer thereof in writing.
5. Descrapancies, faulty products or missing products upon delivery
KAVAT warrants that the quality of the products is in conformity with the salesmen samples.
Upon receipt of products, Buyer shall check if the shipment is in accordance with the packing list and report any discrepancies, faulty products or missing products to KAVAT within (10) working days from arrival at Buyer’s warehouse.
Unless Buyer notifies KAVAT in writing within ten (10) calendar days from the date of delivery of any discrepancies, faulty products or missing products in the Products, the Order will be deemed to have been accepted by Buyer.
In case of rejection of faulty products or claims due to other discrepancies or missing products, the notice of rejection must specify the reason why the products are being rejected and allow KAVAT to inspect the products, if so required. In case of missing products, the Buyer must inform which of the ordered products that are missing.
6. Individual faulty products and general claims
Individual consumer claims relating to faulty products on products accepted by the Buyer shall be dealt with by the Buyer according to KAVAT’s instructions from time to time. Buyer is not entitled to return such
individual faulty products to KAVAT. Buyer shall report individual claims to KAVAT in accordance with KAVAT’s instructions.
In case of general claims due to serious faults in the products and which is discovered after the delivery of the Order has been accepted by the Buyer, such will be handled by KAVAT as it deems appropriate and in KAVAT’s own discretion. The Buyer shall allow KAVAT to inspect and/or analyze such claimed faulty products. The Buyer is not entitled to withdraw such products from the market unless KAVAT has consented thereto in writing, nor is the Buyer entitled to return such faulty products to KAVAT without KAVAT’s consent in writing.
In no event shall KAVAT be liable to the Buyer for special, indirect, incidental or consequential damages, regardless of the form of action therefore, whether in contract or in tort, including negligence, including, without limitation, damages or loss to equipment, loss of goodwill, increased expenses of operation, cost of capital, or the claims of third parties including customers of Buyer, howsoever caused, regardless of whether such party has been informed of the possibility of such damages.
8. Photos and samples for marketing purpose
The Buyer is entitled use photos from KAVAT’s media bank at no cost. However, confirmation samples of photo-samples for marketing are subject to extra individual charges agreed between the parties in writing. If photos or reference samples are needed, the Buyer shall notify KAVAT when placing the order and KAVAT will confirm in a separate order the delivery and terms for the actual sample shipment.