Terms and conditions
The following conditions apply to all offers and deliveries from, and all orders to CS electric A/S (hereinafter called the seller). All other conditions, including such as appear in Buyer's order or the like are not binding without a separate written agreement.
2. Offer and order
Written offers are valid for 30 days from the offer date, unless otherwise stated in the offer. Offers are made subject to intermediate sales. The order received is only binding on the seller when order confirmation has been placed or the order has been executed. Seller reserves the right to change a given order confirmation if price or price changes occur in relation to stated base price or the like from the vendor's suppliers, and reservations are made for possible import authorization. The same also applies to paid deliveries in respect of the part of the delivery which, at the time of any adjustment, has not yet been delivered and in the case of changed rates for customs duties, VAT and other charges.
All prices are from seller's address, excl. VAT and delivery costs and other expenses.
Delivery is from the seller's warehouse. An agreement on delivery time is made in connection with the purchase. The delivery time is stated separately on the order confirmation.
The stated delivery time is approximate only, and the seller is in no way responsible for any delays or delivery opportunities, regardless of their nature and whether their conditions can be attributed to the seller. In the event of exceeding the stipulated delivery time, the seller is obliged to notify the buyer in writing of the expected delivery time, within 14 days after receiving written request from the buyer whether delivery can take place. The buyer can in no case claim compensation for late delivery.
As a result of CORONAVIRUS (COVID-19) and as its potential development, scope and influence is unpredictable and may affect seller's obligations in relations to quotations and/or order confirmations, seller's quotations and order confirmations are issued with the following reservations: If seller's fulfillment of obligations are delayed, prevented or become unreasonably burdensome due to or related to COVID-19 (and whether this would constitute Force Majeure or can be considered foreseeable), seller disclaims any responsibility for non-fulfillment of its obligations until the time when a such fulfillment is again possible and within reason. Such a situation can e.g. occur if seller's workforce is affected by COVID-19, e.g. in the form of quarantines, travel restrictions or similar circumstances, or if seller is reasonably unable to purchase or deliver the products ordered, or in the event of price increases due to or related to COVID-19.
5. Scope of delivery
The delivery includes only the products and services expressly mentioned in the quotation and order confirmation. Data in prospects and drawings, as well as technical specifications and the like, are considered as indicative only and are not binding on the seller.
When purchasing machine controls or sub-components, where the buyer does the installation, assembly and start-up by himself, the seller offers a check inspection within the first 2 months after delivery. The seller selects the date and time of the inspection. If faults and defects are found during installation, the seller will point this out, but the seller will only change the installation against payment of materials and time consumption.
7. Payment Terms
Payment is paid net in cash upon delivery, unless otherwise agreed or stated in the offer / invoice. The seller is entitled to calculate interest after maturity at 2% per annum. commenced month. The Buyer is ineligible to withhold payment or set off for alleged claims not recognized in writing by the Seller. If the buyer does not comply with the agreed payment terms, the seller is not obliged to provide further delivery.
8. Reservation of ownership
All goods are sold and sold with the proviso that the ownership will not be transferred to the buyer until the goods and other costs have been paid in full.
Once the buyer has received the goods, he is obliged to examine the delivery immediately. Complaints about defects and deficiencies must be made immediately and no later than 8 days after receipt.
The seller provides a 12-month notice period in normal operation, from the date of delivery. The seller's warranty obligation is limited to defects arising under the conditions stipulated in the agreement and upon proper application. The obligation does not include defects caused by faulty maintenance or incorrect installation on the part of the buyer in contravention of the seller's instructions or changes made without the seller's written approval, or repairs performed by the buyer in error. Sellers obligations do not include damage resulting from unusual use or injury, nor do they include normal wear and tear.
The seller may require the buyer to return the item with a statement of the defect.
The seller is free to choose between making, replacing or changing the delivered goods in the event of manufacturing and material defects.
In the event of repair at the seller's workshop, shipping is done at the buyer's expense and risk, while shipping to the buyer's address goes for the seller's expense but the buyer's risk.
Any claim, other than those covered by the above obligations, such as proportionate refusal, termination of the agreement and claims for damages - including for direct or indirect losses - are unrelated to the seller. The same applies when no defects are found.
11. Return goods
Returned goods are only received by the seller for goods kept in stock and only by prior arrangement. The goods must be shipped free of charge to the seller in original packaging and appear in full and undamaged condition. Credit notes on returned goods are issued less 15% of the invoice amount. Specially ordered items are not returned.
12. Product liability
For damage caused by defects in the goods or items delivered, the seller is only liable if it can be proved that the damage is due to errors or negligence committed by the seller or others for which he is responsible. The individual damage cannot exceed DKK 5,000,000.00 for personal injury and DKK 250,000.00 for property damage per person. claim. The seller is under no circumstances liable for simple negligence and the buyer has the burden of proof if he wishes to plead that the seller has acted grossly negligent. The seller is in no case responsible for any operating loss, loss of profit or other indirect loss.
If the seller becomes liable in connection with the buyer's use of the delivered goods - including resale - the buyer is obliged to indemnify the seller to the extent that such liability goes beyond the set limits of the seller responsibility. The buyer is obliged to sue in the same court which deals with claims for compensation against the seller based on the goods delivered. Seller may require acquainting himself with Buyer's Product Liability Insurance.
The buyer is obliged to notify the seller immediately if a product liability is raised against him.
13. Special conditions
To the extent that the above conditions are not sufficient, reference is made to Nordic Standard Conditions NLM 94.