All prices are current prices based on our suppliers’ prices ruling at the date of offer/quotation or order confirmation and on prevailing exchange rates, customs tariffs, and duties, but exclusive of Value Added Tax. The vendor reserves the right to make price adjustments to reflect changes in such rates occurring prior to date of delivery and in case of changes in the foreign exchange rates, prior to the date of payment. Where the price is determined based on a foreign currency the adjustment will be made according to the exchange rate at the date of receipt by the vendor of the purchaser’s payment. It appears from the terms of the applicable offer/ quotation or order confirmation whether delivery is to be effected by a sub supplier. Unless otherwise stated the prices are quoted ex warehouse. Transportation is for the account and risk of the purchaser.
DELIVERY / DELAY:
Any delivery within 4 weeks of the date of delivery quoted in the order confirmation shall constitute timely delivery in every respect. In the event of strike, lockout, import restrictions, other force majeure events, operational hindrances on the part of our suppliers or other circumstances beyond our reasonable control the date of delivery shall be extended by a period equal to the time lost due to such hindrance. In the event that the said hindrances to our execution of an order cannot be overcome, or only at excessive cost, the vendor reserves the right to cancel the order.
The vendor’s liability for delays shall under no circumstances exceed the amount paid by the purchaser for the goods, however subject to a maximum of DKK 100,000. The vendor shall not be liable for loss of business, loss of profits, consequential loss, loss of goodwill, loss of anticipated savings or any other indirect loss.
All complaints must be in writing and received by the vendor within 8 days of receipt of the goods. Complaints about quantity shall be reported by telephone, mail or fax immediately upon receipt of the goods.
In the event of defective goods the vendor shall be obliged and entitled to redress the defects by repair or replacement delivery of defect-free goods at its option. The vendor will be responsible for shipping charges incurred in connection with the replacement delivery. There are no other remedies available to the purchaser against the vendor, nor the right to claim damages, unless the repair or replacement service is not provided within reasonable time. The vendor’s liability shall in no event exceed the amount paid by the purchaser for the product giving rise to the claim, however subject to a maximum of DKK 100,000. The vendor shall not be liable for loss of business, loss of profits, consequential loss, loss of goodwill, loss of anticipated savings or for any other indirect loss.
The vendor’s product liability for damage caused by the delivered goods to persons, real or personal property, etc. is limited to DKK 10,000,000. The vendor is under no circumstances liable for loss of business, loss of revenue, loss of profits, consequential loss, loss of goodwill, loss of anticipated savings or for any other indirect loss. The purchaser shall indemnify the vendor to the extent the vendor is held liable to any third party insofar as such liability extends beyond the foregoing limitation of the vendor’s liability. The purchaser shall be obliged to submit to the jurisdiction of the court adjudicating a claim for damages against the vendor where the claim is based on damage caused by the product. The foregoing shall not affect the vendor’s product liability pursuant to mandatory provisions of law.
Payment terms are net cash. In the event of delay in payment, including failure to make payment when due, a penalty interest of 2.0% shall be charged for every month or part thereof from the due date.
RETENTION OF TITLE:
Title in the delivered goods shall not pass to the purchaser until such time as the vendor has received payment in full. The retention of title shall remain in effect from time to time.
All disputes shall be subject to the jurisdiction of the Danish courts and shall be settled in accordance with Danish law. In any contract covered by these Terms of Sale and Delivery the parties expressly exclude the application of the United Nations Convention of Contracts for the International Sale of Goods (CISG).
The Terms of Sale and Delivery contained herein shall apply to all contracts unless otherwise agreed in writing. Any deviating terms of the purchaser shall not be binding on the vendor.