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Terms and conditions of sales and delivery

 

1. Scope

The following terms and conditions of sales and delivery is valid if the parties haven’t made other written agreements. 

The conditions are valid for all agreements concerning sales of products and services made between the buyer and European Merchandise Group A/S (here on after referred to as the seller).

 

2. Product information

Information regarding the products that can be found in pricelists, catalogues, advertisements i.e. is only binding for the seller if there’s referred to the specific material in the offer/order confirmation. Special demands from the buyer is only binding if there’s written accept of this from the seller.

Drawings and other technic documents regarding the product, that’s given to the buyer is property of the seller regardless of the time of extradition of these. This material must not be redistributed or in any other way abused.  

 

3. Price

Invoicing will be made at the price that’s valid on the day of delivery.

If there’s changes in collective wages, duties, raw materials and/or currency changes, freight i.e., which changes the seller’s initial price, the seller reserve all rights to corresponding changes to the stated price.

If the buyer wishes to have their invoice send via letter mail a fee of 50 DKK will be added. Overdue payment will result in a payment reminder plus an additional fee of 200 DKK. Furthermore, there will be added interest rate of 1,5% per month started while the overdue is still overdue. 

The terms of payment are net. 14 days unless other agreements have been made between the parties. 

For first time buyers the seller reserves the rights to demand pre-payment.

Subject to changes in price on expired items replaced by improved/adjusted models. 

 

4. Delivery

Terms of delivery is DAP or Ex Works, unless other agreements have been made between seller and buyer.

Delivery time for domestic deliveries in Denmark usually is 2-3 business days. Export deliveries usually has a delivery time of 4-6 business days within the EU. The stated delivery times is only valid for goods in stock. For sold out goods the delivery time can be up to 16 weeks. 

The seller can’t be held responsible for delayed deliveries and any additional costs this may cause for the buyer. 

It’s possible to pick up goods at the address John Tranumsvej 60, DK-6700 Esbjerg, Denmark, on business days between the hours 8am-3pm.

 

5. Force majeure

If the delivery is hindered or significantly hampered by war or war like conditions, riots, provisions or actions by any authority or government, including import- or export restrictions and strike, lockout, breakdown of machinery, mishaps during testing or transport, comprehensive fire damage, lock of supply of raw material or other circumstances beyond the sellers control, the specified delivery time will be delayed as long as such an obstacle persists. In view of the above-mentioned obstacles, the buyer can not cancel the deal, and seller does not claim liability for late delivery of the goods. 

If the barrier to delivery has been persisted in more than 3 months from the specified delivery date, both parties has the right to cancel the deal without the other part can object to the one that cancels the deal. 

For part deliveries the same rules apply for each part delivery. 

 

6. Defects 

If the buyer finds defects in the delivered goods, the seller is obligated to remedy the defect without charge unless the seller chooses to make a replacement. The buyer can not cancel the transaction, demand replacement, request a relative discount in the purchase price or replacement for lost production time or other loss. Seller is not required to rectify the defect beyond 3 months after the buyer's first written complaint.

Replacement of defect products takes place only after the product has been submitted to the seller for inspection.

If the defects are deemed to be substantial and are not corrected by i.e. re-delivery, no later than 3 months after the buyer's first written complaint, the buyer is entitled to terminate the transaction.

Buyer's right to complain void in case of interference and / or modification of the product by the buyer or third party, and in case of natural wear and tear, improper or careless treatment, overload or failure to comply with the seller's operating instructions.

 

7. The lifespan of goods 

For lifting equipment, if the product is treated like this, the product will last for a maximum of 60 months from the production date. At the time of delivery, the seller guarantees that the product will have a lifespan of minimum of 30 months. The above periods are assumed that the product may pass the 6- or 12-months inspection by approved inspection facilities.

 

8. Complaints

Complaints must be submitted in writing within 8 days of receipt of the delivery in question. If the complaint does not occur within the said time horizon, the buyer's right to complaint waives.

 

9. Reservation of ownership

The ownership of the products sold and / or services remains with the seller until all services, incl. any interest is paid.

 

10. Returns

Returns are only received by prior arrangement. On return due to regretted purchase, only the value of the goods is returned, minus 10%. Shipping costs are not returned. Special designed goods are not returned. 

 

11. Product liability

Seller is not responsible for personal injury unless it can be proven that the damage is caused by significant negligence or mistakes committed by the seller.

The seller is under no circumstances liable for lost earnings, loss of service, loss of profits or other indirect losses.

In the case that the seller may be liable for product liability to third parties, the buyer is obliged to indemnify the seller to the same extent as the seller's liability is limited, cf. the above.

If a third party makes a claim against one of the parties pursuant to this paragraph, that party shall immediately inform the other party accordingly.

 

12. Invalidity

If one or more terms of these sales and delivery terms cannot be enforced as a result of violating existing legislation or for any other reason deemed unenforceable, this does not affect the validity of the other provisions of these terms.

 

13. Judgment

All sales are subject to Danish law. All disputes must be settled by the court if they cannot be solved by the seller and the buyer.

 

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