Terms of Sale and Delivery
The following terms of sale and delivery shall apply between Andersen & Stender A/S, hereinafter referred to as A&S, and the buyer, unless otherwise agreed in writing.
Sales quotations not specifying final date for acceptance shall be valid for 30 days, after which they shall be considered to have lapsed.
All prices are quoted in Danish Kroner unless otherwise stated in writing and exclusive VAT. The buyer is bound to accept changes of the price before the delivery, in so far they are caused by documented increased costs for A&S caused by changes in rate of foreign currency, duties, taxes, etc. concerning the delivery in question.
4.1. Payment has to be executed in accordance with the terms of payment agreed upon.
4.2. In case of delayed payment, A&S have the right to charge an interest = the official Danish National Bank rate + 5% p.a.
The goods shall remain the property of A&S pending payment in full, in so far as such reservation of title is valid under current law.
6.1. Delivery is f.o.b. A&S warehouse if not otherwise agreed in writing.
6.2. Partshipments are allowed in reasonable extent. In respect of production orders a deviation of +/-10% of the quantities confirmed by A&S is allowed.
6.3. In case of delay of delivery caused by force majeure as described in § 8.3, the time of delivery will be extended with the time of the hindrance. Should the hindrance last for more than 3 months, both parties are free to cancel the agreement.
6.4. A&S are obliged to inform the buyer about changes in time of delivery as described above without groundless delay.
- Complaints about faults and defects
7.1. The buyer has to inspect the goods carefully immediately after their receipt, as required by good business practice,
7.2. Complaint has to be made within 8 days after fault or defect has been or ought to have been ascertained and not later than 30 days after receipt of goods.
7.3. A&S are entitled to either rectify the defect or replace the defective goods soonest possibly.
7.4. Change of or manufacture of the delivered goods exempt A&S for any liability.
7.5. Dyed buttons and buckles are not colourfast.
7.6. A&S cannot be held liable for defects or misfitments caused by incorrect attachment of items or use of attaching machines and/or attaching tools not supplied by A&S for attaching the items in question.
- Limitation of liability
8.1. The liability to pay compensation can in no case exceed the invoice value of the sold item.
8.2. A&S cannot be liable for loss of profits, operating loss or other economic losses.
8.3. A&S cannot be liable if the fulfilment of the agreement is prevented, or if the
fulfilment will be unreasonable troublesome, caused by one or several of following circumstances:
Labour conflict and any other circumstances not controlled by any of the parties,
like fire, war, mobilisation or unforeseen military calling up, requisition,
commandeer, exchanger, rebellion and disturbances, lack of transport facilities, shortage of goods, restriction of motive power, as well as defects by or delays of supplies from subsuppliers, caused by any of the circumstances mentioned above.
Circumstances as mentioned occurred before issue of quotation/ confirmation
of the agreement, will only prevent from liability, as far as it was not possible
to foresee at this time their influence for fulfilment of the agreement.
8.4. A&S are obliged to inform the buyer about occurred circumstances as above without groundless delay.
- Return of goods
Return of the goods shall only be possible with A&S’s written agreement and shall always be at the buyer’s expense and risk.
A&S is entitled to assign all rights and duties according to the agreement to third party.
Any disagreement that cannot be settled between the parties shall be decided in accordance with Danish law.