Terms for custom orders

Version February 2019
K.Noah Custom Teamwear hereinafter referred to as “K.Noah”

 

1. Order Confirmation

Every order for custom-made products requires a written order by the buyer and an order confirmation by K.Noah in order to be legally valid. This is deemed to have been accepted and accepted by the buyer after 48 hours.

2. Prices

The prices mentioned include 20% Austrian sales tax and are shown in EURO. Please contact our customer service representative to ask for team-discounts. Prices do not include shipping costs. We reserve the right to change prices due to circumstances beyond our control. Unless otherwise stated, we adhere to the prices contained in our offers are bound for 30 days from their date.

3. Production based on templates/mockups

When producing textiles according to a template/mockup (created by the customer or by K.Noah), K.Noah will reproduce this as well as possible. Color specifications are matched as best as possible. Basically our fabric, print and embroidery colors are checked under the standard light D50. We reserve the right to deviate in color and representation, due to the technical possibilities in textile finishing and the different color variations in different types of base materials, and this is no defect or reason for complaint. This also applies to individual samples compared to serial production. Dimensional deviations in width and length of +/- 5%, due to the technical production process, are within the usual tolerance limit, and this is no defect or reason for complaint.

4. Designs and makeshift templates

Our prices are based on customer templates provided, which are graphically prepared according to our graphic data sheet. Desired changes or necessary graphic processing, for example because fonts are not converted into curves, will be billed by us according to the current hourly graphic rate. With the print and file data the person placing the order is liable for ensuring that no copyrights or other property rights of third parties are infringed. Drawings and drafts, as well as temporary templates, printing films, embroidery files as well as other design templates that are manufactured in-house remain the property of K.Noah and may only be changed or passed on to third parties in agreement with us. Order documents are kept in the form of data for at least 3 years, K.Noah will charge the efforts to reactivate these templates after 3 years and will bill according to the current hourly graphic rate.

5. Design and usage rights

All works created by us (such as logos, drafts, mockups, drawings, …) are our intellectual property and protected by copyright. The customer therefore undertakes to each via the present sales contract any further use or exploitation, in particular imitation, distribution, duplication and the like to refrain. Exceptions are only possible with a fee and a separate, written agreement. Insofar as contributions are made by the customer for such works, the customer assures that they do not violate any third party rights and in this respect holds K.Noah harmless and without complaint. K.Noah is entitled to advertise the designs or products ordered for its own purposes and to refer to the name and logo of the buyer. K.Noah is entitled to sell excess quantities, samples and prototypes of ordered products (which have been made with a logo or name or based on a template of the customer) to third parties. K.Noah is entitled to sell excess quantities, samples and prototypes of products (which have been made with a logo or name or based on a template of the customer) that have been produced within the framework of a cooperation or exclusive agreement, to third parties – this also applies after the termination of a temporary cooperation or exclusive agreement.

6. Delivery and performance time
Delivery dates or deadlines must be in writing. An agreed delivery date does not make the deal a firm deal. For delivery and service delays…
a) due to force majeure
b) due to occurrences that make delivery significantly more difficult or impossible for us
c) new productions necessary due to production errors or unforeseen problems occurring during production
…no liability can be assumed. We are entitled to make partial deliveries at any time.

7. Provided goods through customer

The finishing of provided goods takes place exclusively at the risk of the buyer. Materials provided must first be subjected to a processability test by the customer.

8. Shipping

The dispatch takes place ex works K.Noah Asia or K.Noah Austria. The risk passes to the buyer as soon as the consignment has been handed over to the fright carrier carrying out the transport or, for the purpose of dispatch, our warehouse or our production facility has left. If the dispatch becomes impossible through no fault of ours, the risk passes to the buyer when the readiness for dispatch is reported. The shipment (for example UPS, Post mail service, DHL, etc.) takes place uninsured, at the expense and risk of the recipient. Shipping costs will be charged to customer.
If transport insurance is required, this must be requested in writing by the customer. The cost of freight insurance must be borne by the customer.

9. Warranty

The return or exchange of custom-made products is excluded. Unauthorized returns will be refused and returned at customer’s expense. Complaints are only accepted within 8 days of delivery of the respective shipment (including partial deliveries), provided they are made in writing and the care instructions contained in the garment have been strictly adhered to. Otherwise the delivery is considered approved. For quality complaints, if the buyer is not a consumer under the consumer protection act, both parties submit to the arbitration court of the Vienna Commodity Exchange (Wiener Warenbörse) within the above period. When asserting we reserve the right to make warranty claims within a reasonable period of time to exchange defective goods for non-defective goods, as well as to improve goods and add any missing items. Any Sales discounts are only granted on the basis of fully paid invoices. Shelf life of sports competition uniforms is based on the most varied influences of stress, so
liability for any shelf life is excluded. In any case, the occurrence of signs of wear does not constitute a guarantee.

10. Complaints (damaged shippings and shortages in shipments)

All shippings are following at customer’s risk. Transport damage must be reported by the customer immediately and immediately upon acceptance of the respective deliverer / fright carrier (any claim against us does not apply – see also point 8) in writing. Only the freight forwarder can be sued for damaged shipments. Any shortages in shipments must be reported within 48 hours of receipt. Please be prepared to provide K.Noah with a specific information on what was received including the number of cartons. K.Noah can not be responsible for cartons that are signed for but not received. Justified complaints do not entitle to withhold the entire or an aliquot part of the invoice amount. Independent changes on our products exclude any guarantee.

11. Liability

Claims for damages from impossibility of performance, from positive breach of contract, from negligence when concluding a contract, from product liability and from tort both against us and against our vicarious agents or vicarious agents are excluded, unless there is intentional or grossly negligent action.

12. Payments

For custom-made products, a deposit of 50% of the invoice amount for the ordered goods and for the costs incurred for makeshift templates, print files, embroidery files and drafts is necessary. This amount incl. VAT is immediately and due without deduction after placing the order. The remaining invoice amount is due before shipping of the goods. For repeat orders and quantities below 24 pieces, the invoice amount incl. VAT to be paid in full in advance without deduction. Recalculations in the event of an error are reserved. In the case of a payment delay, the customer undertakes default interest of 10% p. A. to pay. All reminder and collection fees as well as costs of legal interventions are to be reimbursed. Any bank charges for transferring the invoice amount are borne by the buyer. A set-off, retention or reduction against claims against K.Noah is only permitted with legally established or expressly recognized counterclaims.

13. Cancellations

The cancellation of custom-made products is excluded once the order is placed.

14. General

All orders subject to acceptance by K.Noah. K.Noah does not assume any liability for delays or in failure to make delivery due to conditions over which K.Noah has no control. K.Noah has the right to increase or lower prices at any time. Technical changes on behalf of
external producers and material suppliers as well as changes between catalogeor website pictures and items are reserved by K.Noah. Errors and misprints are reserved by K.Noah. Ordering person must be 18 or older! For all sales and shippments, the K.Noah sales terms are valid.

15. Retention of title

The delivered goods remain the property of the seller until full payment of the sales price, interest and costs, whereby the buyer is responsible for all damage up to this point due to force majeure, is liable up to the full purchase price. If goods subject to retention of title are seized or if the buyer becomes insolvent, the customer must point out our ownership and to notify K.Noah immediately. The processing or transformation of the reserved goods is always carried out for us as the manufacturer, but without any obligation for us. Our (co-)property expires by connection, it is already agreed now that the buyer’s (joint) ownership of the unitary item shall pass to us proportionally (invoice value). The ones from resale or claims arising from any other legal reason (such as insurance, tort) with regard to the goods subject to retention of title, the purchaser hereby takes full responsibility as a precaution extent to us. If the buyer acts in breach of contract – in particular default of payment – we are entitled to take back the goods subject to retention of title and, if necessary, to assign the to demand surrender claims of the buyer against third parties. The taking back or the seizure of the reserved goods by us does not constitute a withdrawal from the contract.

16. Place of performance, choice of law and arbitration clause

The place of performance for all liabilities is Dornbirn. Austrian law applies. The Parties agree to Austrian domestic jurisdiction. To the decision of everyone from the contract the competent court at the seat of our company has exclusive local jurisdiction.

 

K.Noah Custom Teamwear
Rhomberg’s Fabrik | Haus F (ROT 14)
Färbergasse 15 | 6850 Dornbirn | Austria
b.pfanner@knoah.at | www.knoah.at