Term of sales and delivery
Regular terms of sales and delivery
1. APPLICATION
The following regular terms of sales and delivery are applicable unless other written agreements are made.
2. PRODUCT INFORMATION AND PRICES
Information regarding product information and price lists is only binding as long as the contract clearly refers to it.
An offer given by Intec System ApS is only binding for Intec System ApS, provided the offer has been accepted by the customer within 14 days after the offer has been made/sent by post, fax or e-mail to the customer.
All prices are stated without value added tax. Reservations are made for possible misprints and rising prices and currency exchange rate fluctuations. Installation is not included in the mentioned prices.
3. CONSTRUCTIONAL MODIFICATIONS
Intec System ApS reserves the right to make changes within construction, execution etc., as Intec System ApS finds to be necessary. This can be done before delivery and without prior notice to the customer.
Changes that Intec System ApS find to be necessary will only allow the customer to cancel the purchase, provided that a certain construction, execution etc., was a premise of the deal. Cancellation of a purchase as a result of changes of construction, execution etc. does not justify any kind of compensation for the customer.
4. THE PASSING OF THE RISK
Unless other deals have been made, the delivery will be considered sold Ex Works (EXW – INCOTERMS). The risk of a product is passed on to the customer when the product has been picked up at Intec System ApS (including Intec System ApS’s storage facilities). A deal can be made between the two parts, in terms of getting the product(s) delivered by a foreign delivery service.
Costs of transportation and handling will be covered by the customer. The customer is urged to make necessary insurances covering the product(s); amongst these are freight insurance which is valid from the time of the passing of the risk.
5. DELIVERY
Specified time of deliveries are made as an estimate unless other written agreements are made. The date of delivery is the date of dispatchment from Intec System ApS.
If Intec System ApS should come to realize that the time of delivery can not be kept, or that a delay is plausible, the customer will be notified about a new expected time of delivery.
If Intec System ApS is unable to deliver the product(s) according to scheduled original time of delivery or prolonged time of delivery, the customer is in his/her right to annul the purchase.
Intec System ApS’s responsibility for any loss that the customer might endure as a result of delay or missing delivery can never exceed 10% of the agreed purchase price, which covers the part of the product(s) for which the deal is annulled.
In cases where delays from Intec System ApS are caused by force majeure, customers do not get claim to compensation. The customer is allowed to annul the trade according to the measures stated below.
The abovementioned limitation of Intec System Aps’s responsibility does not apply in cases where Intec System ApS is guilty of gross negligence.
If the customer does not accept the delivery at the scheduled time, the customer is obliged to cover the cost of the attempted delivery. Intec System ApS will ensure that the product(s) will be stored at the cost – and risk – of the customer. At the customer’s request, Intec System ApS must insure the product(s) at the cost of the customer against cash payment.
Intec System ApS can, in writing, request that the customer accepts the delivery of the product(s) within a fair period of time.
If the customer does not succeed in doing so, Intec System Aps is justified to annul the trade of the product(s) which are in that case not deliverable. The customer will be informed via written communication. Intec System ApS is entitled to receive compensation for the damage which has been caused by the breach of contract by the customer.
For customers that make use of the product ‘Freight Forwarding’ from Intec System ApS, deliveries will generally be made by the international and valid standard INCOTERMS, unless other protocol have been arranged. The customer is obliged to ensure that relevant shipping goods insurance is in place. Customers that make use of the products DDP+IOR (Importer Of Record) accept that a signed freight bill will not be delivered by the delivery service to the final customer. Furthermore, there will not be delivered any documents or other documentation from Intec System.
6. PAYMENT
Intec System Aps’s terms and conditions are as stated on the invoice. Payment must be made in DDK (Danish kroner) unless other arrangements have been agreed upon. The place of performance of the customer’s payment obligation is the business premises of Intec System ApS. If the customer does not pay within the appointed time, provided that the delay is not caused by Intec System ApS, Intec System ApS is justified to charge interest on overdue payments from the due date, with a rate of interest that equals 2% for each commenced month.
7. OWNERSHIP RESERVATION
The delivery will remain property of Intec System ApS until full payment has been made. Payment by cheque, bill of exchange or instrument of debt does not count as payment until full redemption has been made.
8. RESPONSIBILITY FOR DEFICIENCIES
Intec System ApS provides 12 months of guarantee on products developed by Intec System ApS. The guarantee only covers production errors and deficiencies. Products, which are not produced by Intec System ApS, are subjected to the guarantee that is specified by the manufacturer.
Intec System ApS’s procedure for objection is described at www.intecsystem.dk.
9. RESPONSIBILITY FOR POSSIBLE DAMAGE BY THE DELIVERY AND PRODUCT LIABILITY
If a delivery from Intec System causes damage, Intec System ApS is responsible for any personal injury on the condition that there is documentation that the injury is caused by mistakes and neglect committed by Intec System ApS. Intec System ApS has no responsibility for damage on movables or real estate.
Intec System ApS has under no circumstances responsibility for operating loss, data loss, lost earnings or any other indirect loss.
To the extent that Intec System ApS was to be held accountable to a third party, the customer is obliged to keep Intec System ApS indemnified to the extent that a such responsibility extends beyond the abovementioned stated limits. The customer is obliged to submit to being sued by the same court that is handling the claim for compensation towards Intec System ApS in the case of damage, which are supposedly caused by an error by one of Intec System ApS’s deliveries. If a third party makes a demand towards one of the parties for a claim of compensation, instant notice should be made to the second party hereof.
10. EXEMPTION FROM LIABILITY – FORCE MAJEURE
The following circumstances bring exemption from liability, provided that they hinder the fulfilment of the deal or make the fulfilment excessively impractical.
Work conflicts, strikes and lock-out, as well as any other circumstance which neither of the two parties have control over, such as fire, war, mobilization, unpredicted military activity of similar proportions, acts of sabotage, orderings, confiscations, currency restrictions, rebellion and disturbances, lack of means of transportation, regular scarcity of goods, restrictions on means of motive power and deficiencies at deliveries from sub-suppliers or delay of such deliveries, which are caused by any of the before mentioned circumstances.
The party that wishes to plea to any of the above mentioned circumstances must in writing inform the other party of the emergence and the estimated duration of the disturbance. Unless there is any reason to not inform the other party immediately, notice should be given instantaneously.
Both parties are obliged to, by written notice, revoke the deal in cases where the fulfilment of the task is not possible within a reasonable time span – due to one of the beforementioned circumstances.
11. SETTLEMENT OF DISPUTES – VENUE
Disputes concerning the agreement and the connected legislative measures must be settled according to Danish law and with the Maritime and Commercial Court in Copenhagen or the Danish Eastern High Court as venue.
