GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY FOR FK TRÅDINDUSTRI APS
The following conditions apply to all deliveries and orders from FK Trådindustri ApS (hereinafter the “Manufacturer”), unless otherwise stated in writing.
agreement exists between the Manufacturer and the buyer or otherwise expressly stated in material from the Manufacturer. Any special conditions specified in the buyer’s order, acceptance letter or the like, are thus only binding on the Manufacturer if the Manufacturer has expressly agreed to such in writing.
The manufacturer’s offer is free of charge, and can thus be withdrawn until the buyer’s acceptance has been given.
The manufacturer’s offer is valid for the buyer’s acceptance within 30 days from the date of the offer, as the offer then lapses. If the buyer’s acceptance deviates from the offer, the Manufacturer is not bound by its previous offer.
3. Drawing and descriptions:
Rights to all drawings and technical documents relating to products or their manufacture which are transferred from the Manufacturer to the Buyer before or after the conclusion of the agreement, belong to the Manufacturer. Such drawings and documents may not be used for purposes other than the buyer’s resale of products without the consent of the Manufacturer. In addition, without the consent of the Manufacturer, the said material may not be used, copied, reproduced, handed over or otherwise brought to the knowledge of third parties.
All prices are exclusive of VAT and exclusive of transport, taxes and fees as well as packaging.
All prices are valid for one year. However, the Producer is at all times entitled – with effect from the 1st of the calendar month at any time – to impose a raw material supplement – or to raise an already introduced raw material supplement – as a result of increases in the raw materials and consumables included in the Manufacturer’s deliveries. .
Payment is made in accordance with the payment terms in accordance with the Manufacturer’s offer. For payment after the due date, interest is calculated from this date per. commenced month with the interest rate mentioned on the invoice for the purchased item and in the event that no interest rate is stated on the invoice, with
the default interest rate applicable in accordance with the Danish Interest Act.
Delay, defects or other claims on the part of the buyer do not entitle the buyer to withhold the purchase price or make a set-off, so that the buyer is obliged to pay the purchase price as if defective delivery had taken place on time, as the buyer is referred for return.
6. Property rights:
Delivered products remain the property of the Manufacturer until payment from the buyer, including any costs for recovery of the Manufacturer’s receivable, has been paid in full.
All shipping is at the buyer’s expense and risk ex works.
8. Delivery time:
All delivery times stated by the Manufacturer are approximate.
If the Manufacturer has not made delivery within the approximate delivery time stated by the Manufacturer, the buyer is entitled to set a reasonable delivery deadline according to the circumstances, which must, however, be at least 5 working days days after the approximate delivery time. If
The manufacturer does not deliver within the delivery deadline thus determined by the buyer – or within a fixed delivery time agreed with the buyer – and
delay is not due to the conditions specified in clause 12, or conditions for which the buyer is responsible, the buyer may by written notice to the Manufacturer terminate the agreement, in respect of the products that can not be used as provided, terminating the agreement on successive delivery can only take place for the part of the delivery that has not been delivered as intended, unless the buyer has previously justifiably canceled part of the delivery. The manufacturer’s liability in the event of delay is further limited in accordance with point 11 and point 12.
10. Defects, complaints and liability:
Any complaints that the delivered item is not in accordance with the contract or is defective, which the buyer should have established by proper inspection, can not be claimed against the Manufacturer. In other cases, the complaint must be made in writing immediately after receipt of the goods and no later than 14 days thereafter. The same applies to the Buyer’s potential buyer. In the case of defects which the buyer or buyer’s buyer does not have or should not have found, the buyer may make such claims against the seller for up to 1 year after receipt of the goods, provided that the buyer has immediately complained after finding the defect or have been made aware of the lack of its buyer. Otherwise, the buyer loses the right to claim the defect against the Manufacturer.
11. Limitation of liability:
If liability for delay or defect can be attributed to the Manufacturer, the Manufacturer’s liability in all cases is further limited as prescribed below. The manufacturer is not liable for the buyer’s or others’ operating loss, loss of time, loss of profit, lost earnings or other indirect loss. The manufacturer’s liability is maximized for each delivery