Conditions of sale and delivery
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Unless otherwise agreed in writing, all offers, orders and contracts are sub-ject to the conditions of sale and delivery printed herein.
Unless expressly accepted in writing, any qualification of these conditions contained in any written or printed document of the purchase shall be deemed to be inapplicable. The purchaser will indemnify us against all damages, penalties, costs and expenses to which we may become liable as a result of work executed in accordance with the purchaser's specifications involving the infringement of any letters of patent of registered design. |
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1. Offers
Unless otherwise stated, any offer is subject to our final confirmation. Delivery time is stated to the best of our ability. |
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2. Orders
Orders are only binding once our written order confirmation exists. The delivery time is calculated from the date of acknowledgement. Unless otherwise agreed, all orders are booked at the prices ruling on date of acceptance of the order and as regards prices and deliveries subject to strikes, lock-outs and other conditions beyond our control, see paragraph 11. |
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3. Quantity
We reserve the right to a tolerance of 10% of the contracted quantity. |
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4. Prices
Unless otherwise stated, all prices quoted are ex works Haderslev, as defined in Incoterms, and exclusive of packing and all taxes, duties and any duty that any other authority than that of the country of origin may levy on the goods. We reserve the right to change the prices. A dispatch fee of DKK 200,- will be charged for all deliveries below a net value of DKK 500,-. Only complete boxes are delivered. Please pay attention to the number of items per box indicated in the price list.
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5. Payment
Except otherwise agreed, terms of payment are net 30 days from date of invoice, after which date interest will automatically be charged. Bills of exchange and instruments of debts are not considered as payment until they have been fully honored. |
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6. Dispatch and risk
Delivery is effected at purchaser's risk irrespective of whether the purchaser or we paid the transport costs. Unless a specific way of dispatch has been agreed, transport will take place in the way we at any time find most suitable. Should a delay in transport be caused by the purchaser, the risk will be passed to the purchaser on the date, when the goods should have been dispatched. Where failure to deliver occurs or delivery is delayed due to circumstances not already covered by paragraph 11, we shall at no time be held liable for consequential damages, loss of profits or other indirect losses. |
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7. Faults and defects
If within one year after delivery goods supplied by us appear to be defective and it can be proved that the defects are due to faulty production and material, the defective goods shall as soon as possible on our account be repaired or replaced. We shall in no event be responsible for consequential damages, loss of profits or other indirect losses. |
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8. Product liability
If damage or injury is caused by goods supplied by us, our product liability shall come into effect only in cases, where it can be proved that the damage or injury is due to a mistake on our part. We shall, however, at no time be liable for consequential loss, loss of profits or other indirect losses. Moreover we shall not be held liable for damage exceeding DKK 500.000,-. Where in connection with the purchaser’s use, including resale of the goods supplied, we incur liability to a third part, the purchaser shall be bound to indemnify us the same extent as our liability has been limited as stated above. The purchaser shall be bound to accept litigation before the same court of law hearing the claim for damages brought against us as a result of damage alleged to have been caused by the goods supplied. |
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9. Claims
Any alleged incorrect delivery or deficiency of quantity must be reported in writing to us within 14 days after receipt of the goods or the invoice.
Return goods will only be accepted, if return has been agreed with the sales department. Returned goods must be in unbroken packing and saleable condition. A copy of the delivery note must be attached.
Handling fee for return goods amounts to 25%, however at least DKK 100,- |
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10. Cancellation
Changes to orders or specifications can only be accepted, if the production at our discretion is not too advanced. Cancellation of orders can only be accepted if agreed with the sales department. We make reservations for changes in prices and possible printer’s errors in the price list. |
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11. Force majeure
We reserve the right to be free of responsibility for the following circumstances, when they occur after the agreement has been entered and cause delay in delivery or prevent the fulfillment of the agreement. Labour disputes and any other circumstances beyond our control such as fire, war, mobilization or unforeseen military calling up of proportional extent, requisitions, confiscation, currency restriction, riots and revolutions, restrictions of energy, lack of means of transport, breakdown and defects by or delays in deliveries from our suppliers due to any of the circumstances mentioned in this paragraph. |
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12. Tools
All tools belong to us. We maintain and replace these tools free of charge. The purchaser has the sole and exclusive right to use the tools, which cannot be used for other customers without the consent of the purchaser. Only by a special agreement at the time, when the tools are ordered, the title to the tools can be transferred to the purchaser. |
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13. Arbitration
All contracts are governed by the Laws of Denmark. Any dispute arising out of any contract of sale shall be decided by "Sų- og Handelsretten", Copenhagen.
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To return to NITO A/S
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