Terms and conditions of sale and delivery

Terms and conditions of sale and delivery

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  • Terms and conditions of sale and delivery

NOTE: If the contractual basis refers to other general standards (e.g. ‘GENERAL TERMS AND CONDITIONS OF DELIVERY (NL 92) for deliveries of machinery and other mechanical, electrical and electronic equipment between Denmark, Finland, Norway and Sweden and within these countries’), the following terms and conditions always apply, rather than any general standards unless otherwise expressly stated in the contractual basis.

1. Validity
These Terms and Conditions of Sale and Delivery apply to all offers and deliveries from Alfotech unless otherwise agreed in writing.

2. Quotations, order and acceptance
Quotations from Alfotech are no longer valid if we have not received the buyer’s corresponding acceptance within 30 days from the date of the quotation.

3. Product information
All technical specifications and illustrations on the Internet are for guidance only, and Alfotech cannot be held responsible for any errors in this material.

4. Prices
Prices are calculated ex. works and in Danish kroner (DKK) if another currency is not explicitly mentioned in the order. Prices are exclusive of VAT and packaging and are based on the prices applicable on the day the order is placed and prices for material, wages, transport costs and taxes. In the event of changes to these, Alfotech reserves the right to adjust its prices according to the applicable conditions up to the time of delivery.
5. Payment.
Payment is made according to the instructions on the invoice. Any delay in payment entitles Alfotech to withhold further deliveries, as well as releasing Alfotech from all other contractual obligations.

6. Retention of ownership
The delivered goods remain Alfotech’s property until payment is made in full.

7. Delivery
Unless otherwise expressly agreed in writing, delivery takes place ex. works. Unless the buyer arranges collection, the goods are sent to the location stated by the buyer. Shipping is at the buyer’s expense and risk. Alfotech only takes out insurance of the buyer’s risk regarding transport if this has been agreed in writing.

Unless otherwise agreed, shipping takes place as soon as possible from the delivery date and using Alfotech’s usual carriers.

8. Delivery time
Unless otherwise agreed, delivery will take place as soon as possible. In cases where a delivery time has been agreed upon, delivery up to 1 week before or after the stipulated delivery time can in all respects be considered a timely delivery.

Alfotech may require a postponement of the delivery date in cases where the buyer demands changes to the order, by force majeure, cf. section 14 or in cases where work on the delivery must be stopped or delayed by public orders.

Unless otherwise expressly agreed in writing, the buyer cannot claim an agreed contractual penalty against Alfotech in the event of late delivery.

9. Returns
Goods can only be returned by prior agreement with Alfotech. Returned goods must be current and in the original packaging and be a product that Alfotech usually stocks.

There is a return fee that corresponds to the costs incurred by Alfotech upon return.

10. Cancellation
Orders can only be cancelled with Alfotech’s prior acceptance and subject to the buyer paying the costs incurred by Alfotech. However, min. 10% of the invoice value for the cancelled order.
Custom-made orders cannot be cancelled.

11. Defects
For 12 months from the invoice date, Alfotech undertakes to remedy any errors and defects in what is delivered by repair or re-delivery at Alfotech’s choice.

Alfotech’s obligation to remedy defects is conditional on the buyer proving that the delivered item is defective and includes documenting that the item has been stored, installed, used and maintained correctly and according to Alfotech’s instructions.

The repair is carried out at the buyer/delivery address unless Alfotech deems it appropriate for the defective part or possibly the item to be returned so that the repair can be carried out at Alfotech or a subcontractor.

Alfotech’s obligation only covers wages and materials that are directly associated with the remedial action. All other costs associated with a defect that has occurred, including transportation, waiting for money, subsistence allowance, accommodation, as well as costs of identifying or making defective parts available, are of no concern to Alfotech.

Furthermore, Alfotech does not assume any further responsibility for deliveries, which is why the buyer cannot cancel the order, demand a proportionate reduction or compensation or withhold the purchase price in whole or in part.

12. Complaints
Complaints about defects with delivered goods must be made in writing without undue delay after the defect has been or should have been discovered.

Complaints concerning the quantity of the delivered goods must be made in writing no later than 14 days after the invoice date.

Regardless of the nature of the complaint, no goods may be returned without agreement with Alfotech. Complaints accepted by Alfotech are only credited by further agreement.

The buyer is obliged to cover Alfotech’s costs with the buyer’s complaint concerning defects if the complaint is unfounded or there are other defects for which Alfotech is not responsible.

13. Product liability
Alfotech is only liable for personal injury if it is proven that the injury is due to Alfotech’s mistake or negligence or other persons for whom Alfotech is responsible. Compensation for personal injury can never exceed the level of compensation applicable in Danish law at any time.
Alfotech is, under the same conditions that apply to personal injury, liable for damage to property and personal belongings. However, compensation can never exceed the maximum amount applicable at any given time in the product liability insurance taken out by Alfotech.

To the extent that Alfotech may be subject to product liability to third parties, the buyer is obliged to indemnify Alfotech to the same extent as Alfotech’s liability is limited under these Terms and Conditions of Sale and Delivery.
If a third party makes a claim against one of the parties for liability under this clause, that party shall immediately notify the other. Alfotech and the buyer are mutually obligated in a suit filed against them by the court hearing claims for damages brought against one of them on the basis of an injury or damage allegedly caused by the delivered goods.

Alfotech is not liable in any way for indirect damages and losses, such as operating losses, time losses, lost profits or other similar losses.

14. Freedom from responsibility (force majeure)
Alfotech is not liable for any failure or delay in compliance with the agreement due to force majeure, war, riots, civil unrest and government intervention. Or in the event of an intervention by public authorities, wildfires, strikes, lockouts, export and/or import bans, missing or defective supplies from subcontractors, lack of labour force, fuel, propulsion or any other cause beyond Alfotech’s control, and the delivery of what is sold.

If the lack of free or timely delivery is temporarily prevented by one or more of the above circumstances, the delivery is postponed for a period corresponding to the obstacle’s circumstances. Delivery on the postponed delivery date is considered in every respect timely.

15. Disputes, applicable of law
Any dispute between the parties must be settled in accordance with Danish law by bringing an action before the Maritime and Commercial High Court in Copenhagen or by arbitration at Alfotech’s choice.

If arbitration is selected, the court of arbitration shall be composed of 3 members, all of whom shall be appointed by the President of the High Court of Western Denmark. One of these members must meet the conditions for being a judge, whereas the other members must be professionally qualified regarding the object of the dispute.

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