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(This is an office translation of the original Danish version of the “General Terms and conditions of sale and delivery. In case of differences and conflicts the Danish version shall prevail – Except for the jurisdiction clause nominating Copenhagen City Court as Suppliers venue)

 General terms and conditions of sale and delivery

 

Supplier: Special Auto Trading A/S, Bybjergvej 13, 3060 Espergærde, Denmark

 

Any delivery from the Supplier will be executed in accordance with these terms and conditions unless the terms have been dispensed with in specific agreement in writing.

 

Offers/orders

An agreement between the Buyer and the Supplier can not be considered final and binding until receipt of an order-confirmation from the Supplier. The Buyers possible objection against the order-confirmation shall be received by the Supplier no later than 8 working days after the date of the order confirmation.

 Price reservation

The purchase price is fixed by the Supplier.  The Prices stated in the order confirmation are pure net prices exclusive of VAT. In case the price has been stated in another currency than DKK it will be settled with the currency exchange rate at the date of the order confirmation. The Buyer shall pay all public charges etc. which will be charged on the suppliers price. The Supplier reserves any right to price regulation in case of changes in custom duties or charges.

In case of a purchase below DKK 500.00 a handling charge of DKK 50.00 will be added.

 

Delivery:

Any order will be sold ex works (incoterms 2010) Espergærde/Jyderup Sj. (see order confirmation). Consequently, the order shall be collected by the Buyer.

 

The delivery date in the order confirmation is indicative and the Supplier takes no responsibility for delay caused by sub-suppliers, transport companies or similar. The Buyer is not entitled to claim any remedy for breach of contract towards the Supplier in case of delay.

 Payment terms – Retention of title

Payment terms are stated in the invoice. In case of late payment interests will be charged in the rate of 2 per cent per month.

 

The Supplier reserves his ownership until the purchase price has been fully paid.

 

Cancellation

Cancellation can only be accepted in accordance with specific written agreement. In case cancellation is accepted, a fee of 5 per cent of the total order will be charged. Return of the goods is made Franco.

 Duty of inspection

The Buyer is obliged immediately upon receipt of the delivery to perform necessary inspection to record possible defects. The obligation to investigate includes the products possible characteristics.

 Complaints

The Buyer shall complain in writing directly to the Supplier without undue delay after the defect has been discovered. This also applies to differences in quantity. The complaint shall contain a specification of the defect.

 

In case of complain the Buyer shall not be entitled to dispose of the delivery or to return the delivery to the Supplier without the Suppliers acceptance in writing. If the Buyer has complained and it turns out that there is no defect, to which the Supplier is responsible, the Supplier will be entitled to invoice the work and costs involved herewith.

 

Complaints regarding statements in the invoice shall be send in writing no later than 8 days after the invoice has been received with information on invoice number and the cause of the complain, otherwise the Buyer will lose his right to complain towards the Supplier.

 Remedies for breachrepair or exchange

The Supplier is entitled to perform a repair of the defective product when possible. In addition The Supplier can decide to exchange the defective product delivered to the Buyer. The Buyer is not entitled to annul the purchase if the Supplier within due time will repair or exchange the product.

 

The Supplier is not obliged to repair or exchange the product if the claimed fault or damage directly or indirectly are caused by the Buyer himself for instance by faulty use.

 

Costs in relation to the investigation or the repair of a defect or a damage which are not caused by production or material defects shall be paid by the Buyer. Costs in relation to the repair or exchange caused by production or material defects shall be paid by the Supplier.

 Product liability

The Supplier is not responsible for product damages in addition to or apart from the Danish Act on Product Liability.

 Limitation of liability

Claims of damages against the Supplier is conditioned that the Supplier has acted with gross negligence. The total claim of damages against the Supplier for any damage, loss or other means cannot exceed the amount which has been paid for the specific product and can in no circumstances involve a duty to pay indirect losses of any kind such as operational loss or consequential loss.

 

The Supplier is not responsible for the products being used against its expected purpose.

 Guarantee

Guarantee is only granted if specifically agreed. Information on the products characteristics is no warranty and are only to the guidance of the Buyer.

 Force Majeure

Neither of the parties is entitled to damages or annulation of the agreement in case of want of supplies if this is caused by Force Majeure. Force Majeure will be if a Party or its sub-supplier is prevented to execute the agreement due to war, civil war, riots, public restrictions, import or export prohibition, nature catastrophes, including but not limited to earthquakes, flood, typhoons, volcanos or due to labour disputes, fire or similar which neither should nor could have been foreseen by the parties at the time of entering the agreement.

Choice of law and jurisdiction

Any claims due or related to the agreement on sale and delivery from the Supplier shall be governed by Danish Law.

 

Claims against the Supplier shall be settled in Copenhagen City Court as the agreed jurisdiction.         

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