DANSK EMBALLAGE INDUSTRI A/S - TRANSOTAPE
TERMS AND CONDITIONS
These sales and delivery conditions apply to Dansk Emballage Industri A / S '(hereinafter referred to as "Seller") sale of Transotape products to its direct customer (hereinafter referred to as "Buyer"), unless otherwise agreed in writing between the parties or as a result of mandatory legislation. . The terms of sale and delivery are considered accepted (i) by entering into an agreement between the parties, (ii) by the Buyer's acceptance of the Seller's offer or (iii) by the Seller's order confirmation, provided that the agreement, offer or order confirmation refers to these sales and delivery terms.
All prices are excl. VAT and subject to increases in material prices, wages and any new or changed taxes, unless otherwise agreed in writing between the parties. When stating fixed prices, these prices are only valid within the terms specified in the agreement, offer or order confirmation as acceptance and / or delivery deadline.
Only Seller's written offer to Buyer is binding on Seller. All offers are subject to intermediate sale and are valid for two weeks from the date of the offer.
- Retention of title
The Seller reserves the ownership of the products delivered to the Buyer until these have been paid in full, and the Seller is in the event of non-payment or delayed payment entitled to take back the products from the Buyer.
- Intellectual property rights
All intellectual property rights in the products sold belong to Seller or Seller's subcontractors and manufacturers. The buyer has no other right than the one transferred by the purchase agreement entered into.
- Order and order confirmation
A purchase is final when the Seller has confirmed the order from the Buyer in writing, or the Buyer has accepted the Seller's offer. After this, the order can not be canceled, changed or postponed by the Buyer without written consent from the Seller, and then only against payment of accrued costs, and in case of postponement only against cash payment of the products, which after the originally set delivery time is stored at Buyer's expense and risk.
Delivery takes place from the Seller's place of business. Any shipment is at the Buyer's expense and risk.
- Delivery time and delay
Delivery times are stated in the order confirmation. Delay in delivery does not entitle the Buyer to cancel the transaction, unless delivery has still not taken place within a reasonable time after the Buyer has submitted a written demand for delivery to the Seller. If the delay in delivery is due to the Buyer's circumstances, the delivery time is extended to the extent that it is deemed reasonable in the circumstances, and the Buyer bears any additional costs as a result of the delay.
- Force majeure
In the event that Seller's delivery, timely delivery or defective delivery is prevented or delayed by events beyond Seller's control, including but not limited to war, riots, civil unrest, government interference, operational disruptions, transportation difficulties or other third party failure, including missing, defective or delayed deliveries from the Seller's subcontractors, the Seller may irresponsibly postpone the delivery or completely / partially cancel the Buyer's order.
- Defects, Seller's liability and complaint
Seller assumes no responsibility if Buyer processes, stores or uses the products in any other way than prescribed in the products' respective data sheets. Upon receipt, the buyer must inspect the products for defects both in relation to quantity and quality. The Buyer must, within 5 working days after the Buyer's receipt of the products, make a written complaint to the Seller in relation to defects which could and should have been established by the Buyer in connection with the mentioned examination of the products. The Seller is also liable for hidden defects in the products, if the Buyer complains in writing to the Seller within a reasonable time after the defect in question is or should have been discovered, however no later than 2 years after the time of delivery. In the event of a timely complaint, the Seller must make remediation or re-delivery at the Seller's choice. If the Seller does not make remediation or re-delivery within a reasonable time, the Buyer has the right to terminate the agreement by written notice to the Seller regarding the defective delivery. Regardless of whether the Buyer terminates or maintains the agreement, the Seller's liability for defects, including in relation to a reduction in the purchase price and compensation, is limited to the invoice value of the defective product (s). This limitation of liability applies to both actual defects (quality and quantity) and missing or delayed delivery. Furthermore, Seller disclaims liability for operating losses, loss of time, loss of profit and any other indirect loss incurred by Buyer or third parties.
The payment terms are stated on the order confirmation. If no payment terms are specified, net cash applies at invoice date. If payment is not made on time, interest is calculated at 2% per. commenced month. If the Buyer's ability to pay after the conclusion of the agreement is significantly impaired at the Seller's discretion, or if the Seller is unable to obtain debtor insurance at the time of delivery, the Seller may demand cash payment or satisfactory security.
The seller is only liable as an intermediary for product liability to the extent that this liability inevitably follows from the Product Liability Act and thus cannot be deviated from by agreement. In addition, the Seller disclaims - to the greatest possible extent - the responsibility for product liability, including in relation to operating losses, loss of time, loss of profit or other indirect losses incurred by the Buyer or third parties. Should the Seller be imposed product liability to third parties as a result of products delivered to a Buyer trading in its business, the Buyer is obliged to indemnify the Seller to the same extent as the Seller has limited his liability above.
The seller's sale of products must be processed in accordance with Danish law, however without the application of the International Sales Law (CISG). Any dispute that relates to or arises from the Seller's sale of products to the Buyer, and which cannot be resolved amicably, must be dealt with by the Danish courts.
Personal Data Ordinance
We only shop B to B and in this connection store customers with addresses, telephone and CVR numbers, all of which are publicly available. The information is retained for up to 30 years due to the possibility of being able to service our customers in the best possible way with regard to information about previous purchases and agreements.
E-mails in connection with customers and leads are also stored for up to 30 years in order to be able to reconstruct events in connection with sales and any lost orders in order to be able to service our customers in the best possible way and to have a better opportunity for future orders.