Legal notice

Export Conditions of Sale and Terms of Payment KLAFS GmbH & Co. KG, Schwaebisch Hall

1. General
The following Conditions of Sale and Terms of Payment apply to all business transactions between KLAFS GmbH & Co. KG, D-74523 Schwaebisch Hall and the customer. They will be deemed to have been acknowledged by the customer upon placement of the purchase order or at the latest upon acceptance of the first shipment or service provided. The content of the Confirmation of Order and the following Conditions of Sale and Terms of Payment shall apply exclusively. Any Supplements amendments or subsidiary agreements and in particular any information provided by our field representatives relating to options on site and prerequisites for the installation of our products, shall not be binding unless they have been confirmed by us in writing or are specifically referred to in our Confirmation of Order. Our sales representatives are not authorized to enter into subsidiary verbal agreements or to give verbal assurances beyond the content of the written contract. In the first instance, the description given in the current price list defines the scope of delivery. This price list renders all previous price lists null and void.

2. Quotations
Our quotations are provided without obligation. On being confirmed, any illustrations, dimensions or drawings accompanying quotations or Confirmations of Order shall be binding only if no subsequent changes occur on site no changes are made to official regulations or new regulations passed or design changes made. If, however, for these reasons, changes are required which it is reasonable to expect the customer to accept we reserve the right to adapt the specification to the revised circumstances. If this gives rise to additional costs, the purchaser shall be notified accordingly in advance. The external dimensions of saunas given in quotations may vary by up to 5 cm, depending on the type of exterior panelling specified and the position of the panel containing the air outlet. This does not affect the internal dimensions. Retrospective changes of this nature will be deemed reasonable for the customer to accept.

3. Prices
Prices are fixed for a period of six months following conclusion of contract. If the period between the conclusion of contract and the agreed and/or actual delivery date exceeds six months, the seller’s prices applicable at the time of the delivery or provision of services shall apply. If the last-named prices exceed those initially agreed by more than 10 %, the purchaser shall be entitled to withdraw from the contract. On payment of at least one-third of the value of the order, fixed prices in the above sense may be agreed separately, even for a period exceeding six months. Quoted prices are ex-works. Charges for incidentals such as packaging, insurance, delivery (transport), assembly and the connection of any additional materials required, will be invoiced separately. Consignments valued at less than EUR 150.– are subject to a small order surcharge of EUR 20.–. If the goods are delivered by truck and assembled by KLAFS personnel, the costs of transport and assembly may be invoiced at a flat rate, subject to assembly being possible immediately after delivery, without interruption, and provided that only one journey is required for the delivery and assembly operations. In the event that additional journeys are required for reasons not attributable to us, we will invoice the resulting additional costs separately. Our prices do not include the costs of services to be provided by the customer on site.

4. Goods and services to be supplied on site by the customer prior to installation by KLAFS personnel
a) General: The customer undertakes to complete all the requisite on-site operations before the date agreed for delivery and assembly. Doors, staircases and corridors must be of sufficient width to permit saunas, plunge tubs, whirlpools and medicinal baths to be conveyed to the place of installation. Unless otherwise agreed, openings and passageways at least 80 cm in width are required.
b) Sauna and SANARIUM installations: The room in which the sauna will be installed must be in a clean and tidy condition when the sauna is delivered. The floor in and around the area where the sauna will be placed, together with the electrical installation, the requisite preparations for the connection of the ventilation and venting facilities and/or the laying of air inlet and outlet ducts must be completed by the time of delivery. The electrical installation must be carried out in accordance with our specifications by locally approved, qualified electricians, as must any additional electrical connections.
c) Plumbing installation: All plumbing system pipes are to be laid on site in accordance with our specifications unless otherwise specified or agreed.
d) If the customer defaults on any of his obligations as described under Item 4, he will be required to compensate KLAFS for the resulting loss. In this event, moreover, and provided that the remaining legal requirements are met, we shall also be entitled to withdraw from the contract or to claim compensation on grounds of non-fulfilment.
e) It must be possible to conduct works necessary for assembly (such as drilling, sawing and so forth) at the place in which the KLAFS products are to be installed.
f) Wall and product claddings (such as pedestals for pools and tubs) may not be mounted before our products are installed.

5. Delivery period
When goods are called within the scope of a framework order, the desired delivery date must be specified in writing 30 working days in advance, unless a longer call period has been agreed. KLAFS will respect delivery dates to the best of its ability. Should supply be delayed for reasons for which we are responsible then the mandatory period of extension which the buyer is required to allow by law shall be at least three weeks. The period of extension shall commence with our inception of the extension period. If we are not responsible for the delay in delivery, and in particular if the said delay is attributable to an Act of God, e.g. interruptions in operations for reasons beyond our control, delays in the supply of essential raw materials and other materials, strikes or lockouts, the delivery period shall be extended or the agreed delivery date postponed by the length of time for which the said delivery difficulties beyond our control prevail. In such cases, however, the customer shall be entitled to withdraw from the contract on the expiry of two months after the original delivery date.

6. Terms of payment
Payment is to be made or guaranteed before the goods are dispatched.

7. Retention of title
The goods supplied shall remain our property until such time as all the requirements arising from the business connection with the customer have been met. Should the customer fail to comply with the terms of the agreement, especially by defaulting on payment, then we shall be entitled to take back the goods supplied. We require immediate written notification from the customer in the event of attachment or other interventions by third parties, including execution proceedings on the premises accommodating the goods subject to reservation of ownership. Any processing or alterations undertaken by the customer on the goods supplied shall be undertaken on our behalf at all times. Should the goods supplied be processed with other items not belonging to us then we shall acquire joint ownership of the new objects in proportion to the value of the goods supplied relative to the other processed objects at the time of processing. The same shall apply to the object produced by the act of processing as that which applies to the goods supplied under reserve. If the goods supplied are mingled inseparably with objects not belonging to us then we shall acquire joint ownership of the new object in proportion to the value of the goods supplied relative to the other mingled objects at the time of mingling. Should the mingling occur such that the principal’s object is to be regarded as the main object then it shall be deemed to have been agreed that the customer shall transfer joint ownership to us pro rata. Our sole or joint ownership evolving in this way shall be preserved by the customer on our behalf.

8. Lump sum compensation
In the event of repudiation of the contract or any part thereof by the purchaser, KLAFS shall be entitled, without prejudice to any other legal measures, to claim lump-sum compensation in the amount of 15 % of the value of the order, unless the purchaser is able to prove that we have incurred no loss or a substantially lesser loss. KLAFS reserves the right to enforce a higher actual loss.

9. Materials and samples
a) In the case of natural products such as wood, natural stone and ceramics, colour shades, grain and the characteristics or baking of ceramics may exhibit deviations from samples or display cabins. This does not constitute a defect.
b) Typical wood growth characteristics, grains and differences in colour reflect the natural properties of the woods used and do not constitute a defect.
c) Measurement tolerances complying with German standards or reflecting the specific properties of the materials used are permissible. In the case of glass elements, hairline scratches, bubble seeds and minor flaws not affecting stability are permissible.

10. Guarantee
We shall perform the agreed service in accordance with the best available technology at the time of commission, in compliance with the relevant legal provisions and with due adherence to the levels of diligence customary in the trade. We shall not be liable for defects caused by unsuitable or improper use, incorrect assembly or operation by the customer or third parties, normal wear and tear of expendable parts (e.g. steam cylinder, silicone seams, UV fluorescent tubes), incorrect or negligent handling or deficient construction work. We require immediate written notification of any defects. Claims based on defects shall become time-barred 24 months after the passing of risk. The guarantee period is 12 month.

11. Delivery time and delays in delivery
a) In the case of off-the-shelf orders, the required delivery date shall be stated in writing 30 working days in advance insofar as a longer lead time has not been agreed.
b) Delivery deadlines shall commence with the date of confirmation of order. Notwithstanding this, said delivery deadlines shall not commence prior to the timely and proper fulfilment of the obligations of the customer, meaning in particular in respect of provision of documentation to be obtained by the customer, obtaining of planning permission or authority and receipt of an agreed deposit.
c) In the event of an Act of God or other unforeseeable and extraordinary circumstances not the fault of the supplier, such as equipment failure, strikes, lock-outs, governmental intervention, difficulties in power supply and the like, the delivery time shall be extended by the duration of the hindrance and an appropriate lead time in the event that such circumstances prevent the timely fulfilment of our obligations. The same shall apply in the event such circumstances arise for sub-suppliers.

12. Liability
We shall be liable under the relevant legal provisions insofar as the customer asserts claims for damages or for reimbursement of expenses (hereinafter referred to as “claims for damages”) which are based on deliberate acts or gross negligence, if we are in wilful breach of contract and in cases of injury to life, limb or health. The compensation for breach of a major contractual obligation shall be limited to foreseeable damages typical under the contract. There shall be no further liability for damages regardless of the legal nature of the asserted claim. The mandatory terms of the Product Liability Act shall remain unaffected.

13. Documents
Any documents or other material transferred to the customer, such as drawings, models, drafts and calculations, shall remain our property until the placement of a legally valid order. In the event that no order is placed, we shall be entitled to request the return of all the said items. The purchaser shall not be entitled to publish our drawings, models, drafts or calculations or to reproduce them or use them for any purpose other than as agreed, without our express permission.

14. Legal venue, partial invalidity, language of contract
The place of jurisdiction shall be 74523 Schwaebisch Hall. We shall, however, be entitled to bring an action against the customer at another legal venue. The contract is governed by the law of the Federal Republic of Germany to the exclusion of conflict of laws provisions, the UN Convention on Contracts for the International Sale of Goods or other conventions on the laws governing the sale of goods.

As of: 15th April 2007

KLAFS GmbH has compiled the content of this website with great care, and ensures it is updated regularly. Nonetheless, the details provided here serve as general information, and are not binding. If you are interested in buying a KLAFS product, this website cannot replace a personal, in-depth consultation. The technical specifications and features of the products described here are examples only. In particular, these specifications and features may vary from country to country. We reserve the right to make changes.

For precise information on particular features or the technical specifications of our products, please ask a qualified Klafs consultant. KLAFS GmbH cannot guarantee that the information provided in this website is up-to-date, correct or complete, nor can we guarantee that the website be accessed without interference at all times. Where we make reference to the website of a third party (via a link), KLAFS GmbH cannot accept any liability for the content of the linked website. By clicking on the link, you automatically leave the KLAFS GmbH website. 

Please note that third party websites may be subject to different terms and conditions, particularly with reference to data protection. KLAFS GmbH cannot accept liability for any minor negligence in connection with services offered via the KLAFS GmbH website, particularly with regard to the downloading of files provided by KLAFS GmbH, except where such relates to contractual obligations, life or health, or claims in accordance with product liability laws. The same applies to any breach of duty committed by one of our vicarious agents.

Kohler Global Human Rights Policy

Introduction

At Kohler Co. (“Kohler”), we believe better business and a better world are inextricably linked. Business can flourish only when human rights are protected and respected, and we have a responsibility to contribute to and ensure positive human rights impacts. This Policy contains overarching principles that embody our commitment to ensure human rights are upheld within our operations and supply chain.

Human rights apply to all individuals regardless of race, color, religion, national origin, ethnicity, age, disability, sexual orientation, gender, gender identity or expression, marital status, military service, and any other status protected by law.  Each Kohler employee (“associate”) has an obligation to other individuals with whom they interact to honor and respect each other’s fundamental human rights.

Our Policy Statement

This Policy outlines the core standards and expectations we have for our business, associates, suppliers, and business partners. This Policy is founded on international standards including the Universal Declaration of Human Rights, UN Guiding Principles on Business and Human Rights, the International Bill of Human Rights, and the principles concerning fundamental rights set out in the International Labor Organization’s Declaration on Fundamental Principles and Rights at Work.   

Kohler complies with applicable international and local legal requirements in the countries where we operate.  Where local law conflicts with the requirements of this Policy, Kohler will comply with local requirements while striving to uphold the principles set forth in this Policy.

This Policy applies to Kohler and its related entities at all its facilities worldwide. Kohler also expects its suppliers, contractors, and agents to uphold these principles within their own businesses. Suppliers must also uphold the principles outlined in Kohler’s Supplier Code of Conduct.

Policy Oversight

The most senior Human Resources executive, Labor and Employment executive, and Compliance and Ethics executive are responsible for the interpretation and execution of the Policy. These executives, along with Kohler’s operating executives, will ensure that the Global Human Rights Policy is upheld in all aspects of Kohler’s business. 

Our Commitment

Kohler strives to provide a respectful, safe, and healthy working environment for all our associates as stated in our Code of Ethical Conduct. Kohler recognizes its commitment and responsibility to the following:

Health and Safety: Kohler operates all its facilities in a safe and responsible manner that protects the health and safety of our associates and the communities in which we operate.  Kohler complies with applicable health and safety laws, regulations, and its own internal requirements.

Compensation: Kohler is committed to providing wages and benefits to our associates that are competitive in relation to the industry in which they work and the local labor market.  Kohler pays its associates equitably for all hours worked in full on a timely basis by following all relevant wage and hour laws and regulations.   

Hours Worked and Rest Periods: Kohler follows all laws, regulations, and our internal policies on maximum hours worked, days of rest, and break periods to ensure that our associates can perform their work in a safe and healthy manner.

Diversity, Equity, and Inclusion and Non-Discrimination: Kohler prohibits discriminatory practices with respect to all aspects of the employment relationship and promotes and embraces equal opportunity and diversity, equity, and inclusion for all its associates within its business operations.  Kohler has zero tolerance for unlawful discrimination or conduct that negatively impacts an associate or group of associates based upon any legally protected characteristic.

Harassment and Respectful Workplace: Kohler will not tolerate individuals or groups of individuals creating an intimidating, hostile, abusive, or offensive work environment for Kohler associates or contractors.  Such conduct is considered harassing and disrespectful, and it is prohibited in all phases of the employment relationship.

Child Labor: Kohler prohibits the use of child labor in our operations and supply chain that is in violation of local laws and regulations or international standards.  Kohler condemns all forms of child exploitation and will never permit a child to perform work that may threaten their health and safety or negatively impact their educational training.

Freedom of Association: Kohler respects our associates’ right to join or not join a legally recognized organization, such as a labor union, without fear of reprisal, intimidation, or harassment.  We are committed to collective bargaining in good faith in situations where our associates have legally elected a freely chosen representative.

Forced Labor and Human Trafficking: Kohler prohibits the use of all forms of forced, bonded or compulsory labor, prison labor, indentured labor, and any form of human trafficking. All employment is freely chosen and associates are free to end their employment with us at any time.  Where required, associates have written contracts of employment that comply with local legislation and are clear about wages, benefits, notice, and other job-related requirements.

Freedom of Movement and Documentation: Kohler prohibits unreasonable restrictions on its associates’ freedom of movement in the facility and prohibits any unreasonable restrictions on associates entering or exiting company facilities.

As part of the hiring process, workers are provided with required documents relevant to their employment in a language they understand with a description of the terms and conditions of employment.  Kohler and its agents are prohibited from holding or otherwise destroying, concealing, confiscating, or denying access by associates to their identity or immigration documents, such as government-issued identification, passports, or work permits, unless such holdings are required by law.

Ethical Recruitment: Kohler maintains a “no fees” recruitment policy that applies to our internal operations as well as any agents that represent Kohler during the job recruiting process. We do not ask for or require money or charge fees to applicants or our associates or their families for the purpose of being hired or as a condition of maintaining employment. We require all third-party recruiting agencies to adhere to a “no fees” recruitment policy for applicants as well.

Responsible Sourcing

Kohler has an extensive and diverse supply chain, and our suppliers are an integral part of our business and a critical link to the fulfillment of our mission to source responsibly and sustainably. Our Supplier Code of Conduct communicates our expectations that our suppliers will practice the highest legal and ethical standards when conducting our business, including expectations with regards to the respect for the human rights, including labor rights, of the workers in our extended supply chain. We will only work with suppliers who certify they will follow our Supplier Code of Conduct or provide their own code that meets all minimum standards of Kohler’s Code.

Addressing Human Rights Impacts

We perform due diligence to identify and prevent human rights risks to people in our business and supply chain.  Human Rights due diligence is an ongoing process that requires keen attention during changing business conditions or the establishment of new business relationships.  We recognize that during these times it is necessary to perform additional due diligence to assess and mitigate the increased risks. When registering, suppliers are assessed on their human rights and forced labor risk. If deemed appropriate, further review will include self-assessments and onsite audits.

Reporting and Remedies

We continue to build the awareness and knowledge of our associates through training on human rights and encourage them to speak up through our reporting mechanisms. Kohler provides an Ethics Helpline for internal reporting that is available to our associates in their native language.  Our associates may also choose to report potential violations of this policy to management or human resources representative.

If we identify adverse human rights impacts resulting from or caused by our business activities, we are committed to provide for or cooperate in fair and equitable remediation. We are committed to increasing the capacity of our management team to effectively identify and respond to concerns if they arise.

Violations: Kohler associates who violate this policy will be subject to discipline, up to and including, termination of employment.  Suppliers and agents who fail to comply with this policy or the Supplier Code of Conduct, where applicable, will be subject to termination as a supplier or agent.

Modern Slavery and Human Trafficking Statement

Introduction

Our mission at Kohler Co., including its subsidiaries, (“Kohler”) is to contribute to a higher level of gracious living for those who are touched by our products and services. We believe better business and a better world are inextricably linked. Business can flourish only when human rights are protected and respected, and we have a responsibility to contribute to and ensure positive human rights impacts. This statement contains overarching principles that embody our commitment to ensure human rights are upheld within our operations and supply chain.

Our Business and Suppliers

Kohler is a worldwide manufacturer of kitchen, bathroom, and energy solutions, along with hospitality destinations. Accordingly, we have suppliers that span the globe, including suppliers located in Asia, North America, South America, Africa, Europe, and Australia.

Our Policies, Risk Assessment, and Training

We are committed to ensuring that there is no modern slavery or human trafficking in our supply chains or in any part of our business. Our Global Human Rights Policy reflects our commitment to acting ethically and with integrity in all our business relationships and to implementing and enforcing effective systems and controls to ensure slavery and human trafficking is not taking place anywhere in our supply chains.

We operate with several other policies, codes of conduct, and risk assessment measures to ensure that we are conducting business in an ethical and transparent manner.

These include:

• Policies on anti-bribery, supplier conduct, supplier selection, corporate ethics, and equality and diversity.
• A Supplier Code of Conduct which defines our expectations in our supply chain. We only do business with suppliers who have certified to us that their business practices are lawful, ethical and in compliance with the principles set forth in this Supplier Code of Conduct. All new direct suppliers also must pass a rigorous assessment process.

In addition, as part of our due diligence processes, Kohler may undertake affirmative measures, such as on-site audits of production factories, to monitor compliance with our codes of conduct.

Our Ethics Helpline encourages associates to report illegal or unethical behavior. Any matters reported will be thoroughly investigated and appropriate action taken where necessary.

Our Global Human Rights Policy permits taking disciplinary action including dismissal of associates found to be in breach of this policy.

To measure our effectiveness, we report on performance indicators and any actions taken because of audits.

We provide training to our associates to ensure a high level of understanding of the risks of modern slavery and human trafficking in our supply chains and our business. Our associates are also required to complete an annual ethics training.

This statement is made pursuant to the U.K Modern Slavery Act 2015, California Transparency in Supply Chains Act of 2010, and constitutes our modern slavery and human trafficking statement for all additional regulations which require such disclosures. For more information, please visit Kohler Co.

Cynthia Durkin, VP-Compliance and Ethics
12/14/2023

COPYRIGHTS, TRADEMARK RIGHTS AND OTHER PROPERTY RIGHTS

© COPYRIGHT KLAFS GMBH

All rights reserved. The content and presentation of this website is subject to copyright and other relevant protective laws. The website, whether in part or in whole, is for private use only. It may not be used commercially, with the exception of the media and public relations pages. The texts and pictures here may be used for editorial purposes only in accordance with legal regulations. If any content here is reproduced, express reference must be to the copyright and property rights of KLAFS GmbH. Content may not be changed or posted on another website without prior written permission from KLAFS GmbH. Some of the content on this website (e.g., pictures) may be subject to the copyright of a third party.

Unless otherwise stated, all trademarks listed on this website are protected under trademark law and belong to KLAFS GmbH. This applies particularly to brand names, product names, logos and emblems. Names and symbols of other companies which appear on the KLAFS GmbH website may also be protected by copyright.