Any sale and/or delivery of products will take place in pursuance of the present Sales and Delivery terms unless these conditions explicitly have been waived or deviated in written agreement between Vendlet ApS (referred to as Seller) and Buyer.
All prices are listed and payable in DKK or EUR. All prices are excl. VAT and other similar public taxes and duties. Changes in prices can occur without prior notice unless otherwise agreed in writing.
Technical specifications and other data in catalogues, on Sellers web site, product descriptions and similar information are approximate unless expressly guaranteed in writing by Seller.
Terms of payment are payment in advance unless otherwise agreed in writing.
If payment is settled too late according to due date on the invoice, default interest of 2 % pr. month accrues as of the due date and until full payment takes place.
Delivered products remain Seller’s property until full payment has reached Seller’s account.
Our delivery terms are ex works / INCO Terms. Unless otherwise informed Seller operate with his own forwarders. Delivery takes place from Seller’s address or warehouse. Buyer carries the risk of the products from the time when Seller has placed the products at Buyers disposal and insurance of the delivery is handled by Buyer on Buyers own account.
Seller is entitled to postpone approximate time of delivery where delay is necessitated by circumstances outside of Sellers control.
Disputes concerning already delivered products do not entitle Buyer to refuse receipt of later deliveries.
Buyer shall on receipt of goods, inspect the shipment for freight damages. Should freight damages have occurred Seller must immediately have written notice of the injuries and include pictures. If Buyer has operated with his own forwarder, Buyer must handle any complaints on his own.
Buyer must in general carry out control of the products in order to insure that the products are according to the original order. Buyer shall immediately and within 14 days after he has learned of a defect notify Seller in writing and include pictures of the defect. If notice of defect is given later than here described Buyers entitlement to rely on said defect will elapse.
Where Seller offers to remedy or replace the defect, Buyer is not entitled to cancel the sale or claim compensation. Defect products must to the extent possible be returned to Seller safely wrapped and in original undamaged package. Buyer must ensure safe wrapping and forfeits his notice of defects, where the product is damaged as a result of inadequate wrapping or packing.
Any alternation of or interference with the sold product without Sellers written consent will exempt Seller from any and all liability.
Return of goods will be accepted only by prior arrangement and written acceptance by Seller and within 14 days from invoice date unless specifically agreed otherwise by Seller. Prior to return of the product Buyer must contact Seller in order to advice Seller of the return and the cause of the return. Buyer pays for all costs including transport and shipment in connection with the return.
Subject to the mandatory provisions in the Danish Products Liability Act Seller is liable for product liability damage to the extent that it is verifiable that such damage can be ascribed to Seller’s or Seller’s employees negligence or even deliberate act.
Seller is not liable in damages for indirect loss including, but not limited to, operating loss, loss of profit, loss of production or other indirect loss of any nature. Nor is Seller liable for any damage which is due to Buyer’s failure to comply with the prescriptions in Seller’s user manuals, technical information, general instruction or which is due to overload of the products.
Neither party is entitled to compensation or to cancel a purchase agreement in the event of lack of performance due to force majeure.
Force Majeure can only be claimed if the relevant party has notified the other party in writing no later than 5 working days after the commencement of force majeure.
Any disagreement must be sought settled between Seller and Buyer by negotiation. Should these negotiations fail any disagreement or dispute between Seller and Buyer concerning the construction and scope of these present Sales and Delivery Terms is to be settled by arbitration subject to Danish law.
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