terms of sale and delivery
General terms and conditions for trading with Laser-Rens - a brand and concept of Obel Media ApS
Introduction:
- Laser-cleaning’s general terms of sale and delivery apply to all offers, sales and deliveries, unless otherwise agreed in writing between the customer and Laser-cleaning
- In the event of any discrepancy with the buyer’s general terms of trade, Laser-rens’s general terms of sale and delivery apply
- Laser-rens reserves the right to use specially manufactured customer products/services as reference at exhibitions and We must be notified in writing when placing the order if this is not accepted.
Offer and acceptance:
- Offers made by Laser-rens are based on the wages and material prices applicable at the time of the offer and are not binding until Laser-rens sends an order confirmation or, if no order confirmation is sent, until the order is executed.
- Any purchase conditions of the Buyer shall have no legal effect, even if Laser-cleaning has not expressly rejected
Pricing and price adjustment:
- Unless otherwise stated, all prices are exclusive of VAT and apply
- The price stated by Laser-rens ApS on an order confirmation is binding.
- Laser-rens ApS reserves the right to adjust prices without notice.
Payment terms:
- Net cash on delivery unless otherwise agreed
- In the event of late payment from the buyer, Laser-rens is entitled to default interest, 1.5% per month from the due date, as well as reminder fees and any collection costs.
- Purchases on credit can be granted if a written agreement has been made to this effect, in which case what is stated in section 5 applies.
Buy on credit:
Laser-rens´s can grant the buyer credit on payment if a written agreement has been made to this effect
A prerequisite for granting credit is that the buyer is obliged to state: Company name
CVR no.
Company address
Postal code and city
Telephone no.
Bank connection
Type of company
For personally run companies, the name and two most recent private addresses of the owner must also be stated.
If the buyer has been granted credit, any change of address must be notified immediately to Laser-clean.
Other terms for the credit agreement are stated in the trade agreement between the buyer and Laser-rens
Delivery:
- Delivery of orders/products from Laser-rens is exclusive of freight ex warehouse/production address Svendborg
- Delivery is made to an address designated by the buyer
Delivery time:
- Orders for our stock items placed before 16:00 will normally be delivered within 3 working days, unless other delivery times have been agreed in writing.
- If there is an order confirmation from Laser-rens, the delivery time stated in the order confirmation shall apply.
- If Laser-cleaning’s timely delivery is prevented by circumstances as described in 10 (force majeure), the time for timely delivery shall be postponed by a period corresponding to the duration of the hindrance. However, both parties must be able to cancel the agreement in writing and without liability if the hindrance has lasted for more than 90 days.
- If Laser-clean’s timely delivery is prevented by circumstances due to the buyer’s circumstances, the time for timely delivery shall be postponed by a period corresponding to the duration of the hindrance.
Detection of defects and complaints:
- Upon delivery, the buyer is obliged to immediately check the delivered goods and to complain to Laser-rens without undue delay and no later than 8 days after receipt. In the event of defects or deficiencies found
- If the buyer fails to complain as stated in 8.1 in connection with visible faults or defects that are or should have been discovered, the right to claim the fault or defect is forfeited.
- If defects are found in the delivered goods, Laser-rens is entitled and obliged to make a replacement delivery, or if it is possible to remedy the defects
- In the event of visible defects in the delivered goods that have arisen during transportation, the Buyer shall be obliged to notify the carrier concerned and also ensure that the driver notes and acknowledges the defects on the consignment note.
- Any claim, in addition to what follows from 8.3, such as claims for cancellation, price reduction, compensation for both direct and indirect losses, is of no concern to Laser-clean, unless the buyer proves that there is gross negligence on Laser-clean’s part.
Product liability:
- Laser-cleaning is only liable for personal injury and property damage to the extent that it follows the Product Liability Act, Act No. 371 of June 7, 1989, as amended, EC Directive (ADIR 1985, 374).
- To the extent that Laser-rens may incur product liability towards third parties, the buyer is obliged to indemnify Laser-rens to the same extent as Laser-rens’ liability is limited in 12.
Force majeure:
- The parties’ obligations under these terms and conditions of sale and delivery and under any agreement entered into only exist provided that the performance of the obligations is not prevented or made unreasonably difficult or costly as a result of circumstances beyond the parties’ control and which the parties could not foresee at the conclusion of the agreement (force majeure), for example but not limited to – but not limited to – mobilization, war, blockade, rebellion, energy crisis, epidemics, government intervention, including import and export bans, introduction of deposit orders, conflicts, including conflicts at Laser-rens´s, fire and machine damage.
- The provision in 10.1 shall also apply in case of delayed, defective or missing deliveries from subcontractors due to the circumstances mentioned in the provision.
- If one of the parties wishes to invoke force majeure, the party concerned shall notify the other party in writing without undue delay.
Returns:
- Laser-cleaning only accepts returns of delivered goods by prior agreement and with a copy of the invoice and only if the delivered goods are returned unused and undamaged and in original packaging within 30 days of delivery
- Items that are home-made and/or specially manufactured cannot be returned
- Returns are at the buyer’s expense and risk
- The buyer will be credited the full amount excluding shipping and handling fees and with deduction of 15% credit tax.
Limitation of liability and disclaimer:
- Laser-rens’ liability for defects and product liability is limited to what is stated in 8 and 9.
- Laser-rens’ liability to the buyer can never exceed an amount equal to the invoice amount for the service or device sold
- Laser-rens´s disclaims all liability for any indirect loss, including operational, time and profit losses.
- Laser-rens and the buyer are mutually obliged to inform each other of claims for damages raised by a third party against one of the parties regarding a delivery covered by these conditions.
Choice of law and disputes:
- Any dispute arising out of these terms and conditions of sale and delivery or out of an agreement covered by these terms and conditions of sale and delivery shall be settled in accordance with Danish law, which shall also be applied when deciding questions concerning the formal procedure for the examination of the object of sale, any deadlines for the examination and the measures to be taken. if the rules of the Convention on Contracts for the International Sales of Goods shall not apply.
- The Maritime and Commercial Court in Copenhagen shall be the venue, however, Laser-rens is free to decide that any dispute shall be settled at the buyer’s venue or by arbitration under the Arbitration Act.