|
|  |
General terms and conditions of sales, delivery and payment
1. The scope of the conditions
These general terms and conditions of sales, delivery and payment apply to all quotes, sales and deliveries unless otherwise explicitly authorized by the seller in writing.
M Pro ApS (herafter named the seller) only deals with professionals. All sales in M Pro ApS are regarded as commercial trading between professionals and thus the Danish Trading Law's regulations on commercial trading between professionals apply in all quotes, sales and deliveries.
The Danish Trade Law's regulations on consumer trading and sales are not applicable.
2. Pricing
All prices quoted by the seller are based on Danish Kroner - DKK and are exclusive of VAT unless otherwise stated.
All taxes, duties, or assessments of any kind applicable to the goods listed herein shall be added to the purchase price and shall be paid by the buyer, except to the extent that the buyer has provided the seller with a tax exemption certificate acceptable to all relevant taxing authorities.
The seller reserves the right to adjust all prices until the day of delivery subject to increased expenses in the area of freight, insurance, custom fees and duty on goods, currency exchange rates and similar areas beyond M Pro's influence and/or control.
3. Payment
The seller's conditions of payment are stated on the invoice. If payment is made after its due date the seller reserves the right to charge interests and fees on balances as stated on the invoice from the due date until payment is made. Payments shall always be used to settle due interests and fees on outstanding balances first and hereafter the debts.
The buyer is not entitled to set off any counterclaim against the seller unless specifically approved in writing by the seller. The buyer has no right to withhold any of the payment because of counterclaims of any kind.
In the case of delayed delivery due to the buyer's circumstances the buyer is obliged to pay the seller as if there had been no delay, unless otherwise explicitly authorized by the seller in writing.
4. Reservation of ownership
The seller reserves the right to full ownership to all goods delivered until all claims resulting from the business relations between the buyer and the seller have been fully paid, even if the goods have been sold to a third party in the meantime.
5. Delivery
All delivery dates are estimated and will be within reasonable time of the estimated date of shipment. The seller can therefore not guarantee any delivery date.
The seller will always endeavour punctual delivery, but cannot be held reliable for any delayed deliveries.
The seller pays no compensation for delayed delivery and the buyer is not entitled to cancel the sale for reason of delayed delivery.
Delivery of goods shall be ex warehouse and all goods shall be shipped via parcel post, mail or carrier at the buyer's risk.
Buyers will bear the shipping costs which constitutes freight or postage at a minimum of DKK 65,00 plus a fee if goods are shipped C.O.D.
Orders received by the seller are not subject to change without the seller's specific written consent. If the seller does not want to accept a change to the original order the seller can at its sole discretion choose to cancel the order in whole.
6. Circumstances of the buyer
If the seller believes that the buyer does not have the financial capacity to fulfil his part of the order or actually prior to this order has failed to make payments on time, the seller reserves the right to cancel such orders.
This will be applicable unless the buyer at the sellers request immediately pays all due balances and makes an advance payment on the current order.
In case of a delivery to a specific named, physical person this person will be held responsible as debtor regardless in which form he manages his business.
7. Product information
The seller cannot be held liable for errors and changes in brochures and other sales materials issued by the producers or distributors of the products.
8. Product changes
The seller reserves the rights to make chances in the products or parts hereof without prior warning as long as it is not to any disadvantage of the buyer.
9. Limitations of liability
The seller will never pay compensation exceeding the amount of the specific purchase.
The seller shall in no event be liable for any loss of use, revenue, profit or costumers or for any direct, indirect or consequential damages arising out of, connected with or resulting from the sale of goods.
The seller can only be responsible for personal damages in the event that it can be proven that the damage is caused by the seller or someone for whom the seller is responsible.
10. Product liability
The Danish Legal regulations on product liability apply with the following exceptions: The seller shall only be liable for the damage caused by delivered goods in so far there can be proven negligence by the seller or one of its employees.
In the event that the seller is held responsible for product liability with regards to a third party the buyer will be obliged to cover the seller's expenses, whose liability is limited to the extend mentioned in the section above.
The seller can never be liable for personal damages exceeding the amount of DKK 10 mill. and damages on goods exceeding the amount of DKK 5 mill.
The seller can never be held responsible for changes in the technical specifications made by the producer. Such claims must always be made directly to the producer of the product.
11. Notice of defects
The buyer is obligated to examine the goods on delivery in order to establish whether the quality and quantity of the delivery is accordance with the order. If the buyer finds this not to be the case he is obliged to notify the seller in writing about this within 3 days of the delivery regarding visible defects and within 30 days of the delivery regarding invisible or hidden defects.
In case of insufficient delivery regarding quality or quantity the seller reserves the rights to conduct
|
|