Terms, Conditions and Delivery
TERMS, CONDITIONS AND DELIVERY
1. Validity
All deliveries are made in accordance with the provisions stated below, unless otherwise agreed in writing.
2. Offers
All offers are made subject to prior sale. Offers submitted by the seller without a specified validity period are valid for 14 days from the date of the offer. An agreement is concluded when the buyer’s acceptance has been received.
3. Prices
All prices are exclusive of VAT, delivery, and duties. Prices are based on the material prices, wages, customs and freight rates, and exchange rates applicable on the date of the offer. Should any of these factors change, the seller reserves the right to adjust the sales prices. The seller reserves the right to change prices without prior notice.
4. Payment
Payment terms are net 14 days, unless otherwise agreed in writing.
In the event of late payment, interest will accrue from the due date at the seller’s applicable rate at any given time. Interest is charged at 1.50% per commenced month, plus an administration fee of DKK 50.00.
5. Retention of Title
The seller retains title to the sold goods until the full amount has been paid, including any accrued costs and interest.
6. Right to Amend
The seller reserves the right to make price changes or changes to the product range without prior notice as a result of changes in suppliers’/manufacturers’ conditions.
7. Delivery
Orders under DKK 1,000.00 excl. VAT and duties are delivered ex works seller’s warehouse in Denmark.
Delivery is deemed to have taken place upon handover of the goods to the buyer or to a third-party carrier, unless otherwise stated in the order confirmation.
8. Delivery Time and Delays
Unless otherwise agreed, delivery will take place as soon as possible. Where a delivery week has been agreed, delivery on the last working day of that week shall be considered timely.
The seller may request an extension of the delivery time in the following cases:
Changes to the order requested by the buyer
Delays in deliveries or services performed by the buyer or arranged by the buyer
Force majeure in accordance with clause 11
Where work on the delivery must be suspended or delayed due to public authority orders
In the above cases, the seller also reserves the right to adjust the agreed price.
No claims may be made against the seller for delays beyond the seller’s control, such as delays at the manufacturer, during transport, or other force majeure events.
9. Defects and Complaints
Upon delivery, the buyer must immediately inspect the goods as required by proper commercial practice. If the buyer claims a defect, the seller must be notified in writing of the nature and extent of the defect immediately after it is discovered or should have been discovered.
For a period of 12 months from the time of delivery, the seller is obliged to remedy/repair the delivered goods in accordance with the applicable warranty obligations at any given time. Any modifications or interference with the delivered goods release the seller from any obligation.
The seller’s obligation applies only to the materials supplied by the seller and includes the cost of reshipping the relevant goods.
Other costs such as labour, waiting time, allowances, etc. in connection with the delivery are not borne by the seller. The seller is only obliged to remedy defects if the buyer can document that use and installation have been carried out in accordance with any supplied instructions.
The buyer’s complaint does not entitle the buyer to withhold payment or any part thereof.
10. Limitation of Liability
Any claim for damages against the seller may not exceed the invoice amount for the sold item, nor may it exceed the claim the seller may assert against the manufacturer/supplier.
The seller shall not be liable under any circumstances for operating losses, loss of profit, loss of earnings, or indirect losses arising from defects or delays in the sold goods.
11. Force Majeure
In the event of war, riots, civil unrest, governmental intervention or intervention by other public authorities, strikes, lockouts, import/export restrictions, lack of deliveries from suppliers, or other force majeure circumstances beyond the seller’s control, the seller shall be exempt from liability.
12. Product Liability
The seller is not liable for damage to real or personal property occurring while the sold goods are in the buyer’s possession. Nor is the seller liable for damage to products manufactured by the buyer or products in which such goods are incorporated.
If the seller is held liable for product liability towards third parties, the buyer is obliged to indemnify the seller to the same extent as the seller’s liability is limited.
The seller’s liability for damages shall in no case exceed DKK 500,000 per order.
13. Returns
Ordered and delivered goods may only be returned by prior agreement with the seller.
Only unused products in unopened original packaging will be accepted for return. A return handling fee of 10% of the invoiced amount will be charged to cover handling costs. Under no circumstances may anything be written on the product or the packaging upon return.
14. Governing Law / Venue
Any dispute shall be settled in accordance with Danish law and by arbitration in accordance with the rules of the Danish Institute of Arbitration.