Terms of sale




GENERAL


The present conditions of sale apply to all sales made by QUANTUM COURAGE GMBH & CO.KG.
All orders implicate the acceptance from the client of the present GCS which prevail over any other conditions with the excep tion of those expressly accepted by QUANTUM COURAGE GMBH & CO.KG.
If any one of the present conditions is cancelled, the rest of the GCS remain valid.
In the case of contradiction of languages or an error or omission in the translation of the GCS the German language prevails over any other language and can be found on www.quantumcourage.com.


ORDERS


All orders or engagements made by QUANTUM COURAGE GMBH & CO.KG or its agents shall be considered valid only after acceptance by QUANTUM COURAGE GMBH & CO.KG. All orders shall be confirmed with a proforma invoice within 30 days of date of order. This order shall be considered definite and under no conditions can modifications or cancellations be made by the client after that date. QUANTUM COURAGE GMBH & CO.KG reserves the right to cancel any order even after being accepted in the case of a payment incident, or non respect of the agreed engagements or in the risk of damaging the image of QUANTUM COURAGE GMBH & CO.KG.


PAYMENT TERMS


All prices are in Euros excluding VAT or any other tax, excluding custom fees, transport fees and insurance fees that are all expenses paid by the client. No discounts will be accepted in any case.
All orders shall be considered valid after reception of a 30% advance of the total amount of the proforma invoice 21 days date of invoice, or on the opening of an irrevocable letter of credit.


The balance of the payment must be paid before delivery.
No modifications will be made on the maturity date without approval of QUANTUM COURAGE GMBH & CO.KG. Any cancellations made by the client or due to his failing shall lead QUANTUM COURAGE GMBH & CO.KG the right to keep any advance payments made or credit notes as a partial compensation.
In the case of a payment default at maturity, the amount owed shall be applied a charge of one and a half times which is the legal rate in Germany, and shall be made by formal notice starting at the maturity date by QUANTUM COURAGE GMBH & CO.KG.


DELIVERIES AND TRANSPORT AND FORCE MAJEURE


All our goods are sold ex-works Hoevelaken, Netherlands. All goods travel at clients risk. In the case of loss or damaged goods, the client is to contact the transporter who is the only responsible.
The delivery time mentioned on the order is only indicative and QUANTUM COURAGE GMBH & CO.KG hall not be held responsible for any late deliveries in case of force majeure or total or partial strikes hindering the running of our company or our manufacturers, subcontractors or transporters, as well as cease of transport, energy, raw materials, or equipment. The client must verify on reception the conformity of his order (quantities, styles) to his initial order.


If no precise and detailed reserve is made on the transporters delivery slip by the client on the day of reception, no items shall be returned or exchanged. Any complaints must be made within 5 days of reception of goods by registered mail. In the case of minor differences between the goods delivered and the goods ordered, the goods delivered shall be considered conform. The client can in no case refuse the delivered goods and no return shall be accepted without the authorization from QUANTUM COURAGE GMBH & CO.KG.


OWNERSHIP


All styles and fabric designs are the exclusive property of QUANTUM COURAGE GMBH & CO.KG and are under artistic property protection and copyright protection, as well as under the German Intellectual Property Code.
All goods delivered shall remain the property of QUANTUM COURAGE GMBH & CO.KG until full payment of all invoices and expenses have been completed taking into consideration that all cheques, bills of exchange, drafts are considered paid only on the maturity date. All advance payment shall be kept by QUANTUM COURAGE GMBH & CO.KG as partial compensation. Until this date, the delivered goods are considered consigned and the client will bear all damages or loss that these goods endure. QUANTUM COURAGE GMBH & CO.KG do not authorize clients to retrocede any goods with the QUANTUM COURAGE GMBH & CO.KG label without their authorization. The client agrees not to use the QUANTUM COURAGE GMBH & CO.KG logo, products or name for any advertising or promoting without their authorisation. The client agrees not to move any goods from the retail destination stipulated on the original order without authorisation form.


RECLAMATIONS


No reclamations will be accepted after 5 days of reception of the goods without a registered letter. Returns will not be accepted without the authorisation of QUANTUM COURAGE GMBH & CO.KG. Returns will be at the clients cost and risk. If the complaint is justified, QUANTUM COURAGE GMBH & CO.KG shall replace the goods or if this is not possible will send a credit note. Our guarantee excludes all abnormal wear, or lack of conformity to our cleaning instructions.


APPLICABLE LAW AND JURISDICTION


The present General Conditions of Sale shall be governed and construed in accordance with the laws of Germany and only a court in Munich shall be considered the relevant authority in case of any disputes deriving from this Agreement, and in particular those regarding its validity, interpretation and execution.