Terms and Conditions

1.Validity
These Terms and Conditions of Sale and Delivery apply to all quotations, sales, and deliveries unless otherwise agreed in writing.
Any terms and conditions printed on the order confirmation or otherwise referred to by the customer shall only apply if expressly stated in our order confirmation.

2. Product Information
All information regarding weight, dimensions, quality, technical specifications, and other data contained in catalogues, brochures, and other marketing material is for guidance only and shall only be binding to the extent that it is expressly included as part of the parties’ agreement.

3. Offer
All prices are subject to changes in raw material costs and exchange rates. Delivery times are subject to prior sale and changes in delivery schedules from the manufacturer.

4. Quality
The buyer is responsible for ensuring that the technical data and the material as a whole are suitable for the intended purpose. Certificates are only supplied by agreement. The seller verifies that the certificate covers the delivered requirements but does not verify the accuracy of the certificate information.

5. Quantity
A margin of plus/minus 10% of the specified quantity is reserved for the total delivered amount.
Calculations based on weight, number of units, or length shall be made in accordance with standard industry practice.

6. Orders and Agreements
To be binding on the seller, an order must be confirmed in writing by the seller, and only the seller’s Terms and Conditions of Sale and Delivery shall apply to the execution of the order.
If the buyer objects to the contents of the order confirmation, such objections must be submitted in writing and received by the seller no later than one week after the date of the order confirmation.

7. Prices and Delivery
For sales from stock, the prices and payment terms stated in the seller’s current price list apply, exclusive of VAT.
Delivery shall be ex works from the seller’s address unless otherwise agreed.

8. Payment
Payment must be received by the seller no later than the due date stated on the invoice. If no due date is specified, payment shall be made in cash upon delivery.
The seller reserves the right to change the payment terms if information becomes available indicating that the buyer’s financial position has deteriorated.
If delivery is postponed due to circumstances attributable to the buyer (creditor delay), the buyer shall nevertheless, unless otherwise agreed in writing by the seller, make payment as if delivery had taken place at the agreed time.
If payment is made after the due date, the seller is entitled to charge interest at the rate specified on the invoice.
The buyer is not entitled to offset any counterclaims against the seller unless such claims have been acknowledged in writing by the seller, nor may the buyer withhold any part of the purchase price on the basis of any counterclaims.

9. Retention of Title

Subject to mandatory legal limitations, the seller retains ownership of the goods sold until the full purchase price, including accrued costs, has been paid to the seller or to any party to whom the seller has assigned its rights.

10. Delivery
Delivery takes place from the seller’s address, regardless of whether the seller, through its own personnel or a third party pursuant to a separate agreement, transports the goods to the buyer.

Delivery times are estimated by the seller based on the conditions existing at the time of quotation or agreement.
For stock and standard goods, a delay of up to 30 days caused by the seller shall in all respects be considered timely delivery, and the buyer shall not be entitled to exercise any remedies against the seller unless otherwise agreed.
For individually manufactured goods, the seller shall not be liable for any delay, regardless of duration, and the buyer shall therefore not be entitled to exercise any remedies against the seller on this basis.
Either party may, however, cancel the agreement without liability if the delay exceeds 3 months.

11. Packaging
Packaging is at the buyer’s expense unless expressly stated to be included in the price. Packaging will only be accepted for return by separate agreement.

12. Cancellation
In the event of cancellation of deliveries, the buyer is obliged to pay full compensation, including lost profit, and otherwise indemnify the seller against all costs associated with the cancellation.

13. Product Changes
The seller reserves the right to make changes to agreed specifications without prior notice if this can be done without inconvenience to the buyer.

14. Defects and Complaints
Upon delivery, the buyer must immediately inspect the goods in accordance with proper business practice. Defects in the goods shall, at the seller’s discretion and within a reasonable time, either be remedied or replaced.
If such remedy or replacement is not carried out within a reasonable time, the buyer shall, subject to Danish law and these Terms and Conditions of Sale and Delivery, be entitled to cancel the agreement, request a reduction in the purchase price, or claim damages.

If the buyer wishes to invoke a defect, the buyer must notify the seller in writing immediately after the defect has been or should have been discovered, specifying the nature of the defect.
Complaints regarding product quality must be accompanied by samples of sufficient quantity to allow a reliable assessment of the validity of the complaint. If the buyer has discovered or should have discovered the defect and fails to complain as stated above, the buyer may not subsequently rely on the defect.

If the buyer has not invoked defects against the seller within 6 months from the delivery date, the buyer may not subsequently rely on them.
Where remedy or replacement has taken place, the seller’s liability for defects shall not extend beyond 1 year from the original delivery date.

15. Limitation of Liability
Any claim for damages against the seller may not exceed the invoice amount for the sold item.

The seller shall not be liable for operating losses, loss of profit, or any other indirect losses arising from the agreement, including indirect losses resulting from delay or defects in the goods sold.

The following circumstances shall exempt the seller from liability if they prevent performance of the agreement or make performance unreasonably burdensome:
Labour disputes and any other circumstances beyond the parties’ control, such as fire, war, mobilization or unforeseen military call-ups of a similar scale, requisition, seizure, currency restrictions, riots and civil unrest, lack of means of transport, general shortages of goods, restrictions on motive power, as well as defects in or delays of deliveries from subcontractors caused by any of the circumstances mentioned above.

Circumstances such as those mentioned above that existed prior to the quotation or conclusion of the agreement shall only exempt the seller from liability if their effect on performance could not reasonably have been foreseen at that time.
The seller must notify the buyer in writing without undue delay if such circumstances occur.

16. Product Liability
The seller shall only be liable for personal injury if it is proven that the injury was caused by fault or negligence on the part of the seller or others for whom the seller is responsible. The seller shall not be liable for damage to real property or movable property. The seller shall not be liable for operating losses, loss of earnings, or any other indirect losses.

To the extent that the seller may incur product liability towards third parties, the buyer shall indemnify the seller to the same extent as the seller’s liability is limited under the preceding paragraphs.

If a third party raises a claim for damages against either party under this clause, that party must immediately notify the other party.
The seller and buyer are mutually obliged to submit to the jurisdiction of the court handling claims for damages brought against one of them on the basis of damage allegedly caused by the delivery.
These limitations of the seller’s liability shall not apply in cases of gross negligence.

17. Returned Goods
Goods will only be accepted for return following a specific agreement with the seller.
Unless otherwise agreed, it is a condition for crediting returned goods that they are in undamaged condition and, in the case of factory-packed materials, in their original unopened packaging.

15. Disputes
Any dispute between the parties shall be settled by the courts in accordance with Danish law.