The following conditions apply in connection with any agreement between FARUSA, hereinafter referred to as ´seller´ and any buyer or buyer of sellers products, unless there is another written agreement.
2. Offer and prices
All offers are free-standing, and the stated prices are exclusive VAT and any other expenses.
If a buyer requires the delivery to be postponed in relation to the agreed delivery deadline, the seller has the right to adjust the price in relation to the list prices applicable at the changed delivery time, without this entitling the buyer to cancel the order.
3. Delivery and the transfer of risk
EXW Farum is always the delivery terms, however DDP for Denmark for total purchases of more than DKK 12.500 unless there is another written agreement. (All sellers deliveries are made in accordance with Incoterms 2000)
4. Delay in delivery of the goods
Seller provides delivery guarantee on all items purchased on normal 15 working days delivery time from receipt of the order, and which the seller has confirmed. If the seller does not make the item available to the buyer within the agreed time or advises the buyer minimum 3 days before delivery deadline, the seller provides a 5% discount on the price of the item pr. working day, in up to 5 working days, i.e., up to 25% decor.
The buyer may not invoke a delay as a cancel reasoned circumstance for withdrawal or as a justified reason for damages, unless he can document, that the delay is due to errors and negligence on the part of the seller personally.
5. Buyers delay in receipt
If the buyer fails to receive the goods, even though the seller has made these available to the buyer, the buyer agrees that the seller is entitled to either:
to sell the goods and collect from the buyer the difference in the price and expense or,
to maintain the purchase towards the buyer, in which case the buyer must be liable for the invoicing price of the goods and their storage cost.
The risk of the destruction of the goods passes to the buyer from the time when the buyers circumstances mean that delivery cannot take place.
6. Sellers delivery obligation
The seller is in accordance with the agreement entered into obliged in accordance with good trading practice to strive as far as possible to fulfil the agreement at the agreed time and in the agreed quantity cf. Point 4.
However, the seller has the right to cancel the order in whole or in part or to postpone the delivery, if the delivery must be considered excluded due to force majeure or conditions that must be equated with this, including war, natural disasters, strike, lockout, fire, operational disruption, raw material shortage, defect on labour, government interference of any kind, import and export bans, and transportation difficulties, without the seller being obliged to prove its influence on the execution of the order.
7. Sellers responsibility for defects in the item
The buyer can only invoke a defect in the goods as a cancel reasoned circumstance for withdrawal if the buyer has expressly stipulated that the goods should have certain properties and the buyer is able to document that these properties are significantly and substantially deficient.
In particular, it is noted that the seller does not give any guarantee regarding the suitability of the product for any particular purpose, as the buyers use of the product is beyond the sellers control. Buyer has no right to demand proportionate rejection from seller.
Complaints regarding any claims of any kind must be made in writing to the seller within 5 working days after the delivery has taken place.
Unless otherwise agreed in writing, payment, calculated from the invoice date, is made within 14 days. If payment is not made on time, interest is calculated from the invoice price with 2% pr. commenced month.
10. Handling fee
A handling fee of DKK 100 is added for all purchases under DKK 1000 or EUR 13,50 for all purchases under EUR 135.
11. Sellers responsibility in general
To the extent that nothing else follow from mandatory legal provisions, the following applies regarding the sellers product liability.
The seller is only liable for the damage caused by the sold item if it can be documented that the damage is due to an error committed by the seller or by one of his people.
The sellers liability for damage to property can not exceed DKK 10,000,000 / EUR 1.340,000
The seller is only liable for 1 year from the handover of the goods to the buyer, for the damages that the goods may cause. To the extent that the seller may be held liable in connection with the use, the buyer may make of the sold product, including resale, the buyer is obliged to indemnify the seller for the liability that this may be imposed, to the extent that the liability goes beyond the agreed limits.
The buyer is obliged to sue in the same court, which hears claims for damages against the seller in connection with the goods sold. Notwithstanding the above provisions regarding delayed delivery, defect liability or product liability, that seller is never liable for operating loss, loss of time, profit loss or other indirect loss.
Moulds, raw materials, products, etc. provided by the buyer must be insured by the buyer.
All disputes between seller and buyer must be decided by the Københavns Byret or Østre Landsret at the sellers estimates. Danish law must apply in the decision of any. Dispute and the present terms of sale and delivery form the basis for the courts decision.
The validity of the other provisions in these sales and delivery conditions is not affected by the fact that a single provision may had to be declared inapplicable or invalid by the court.
14. Deviations in quantity
Seller reserves the right to over- or under deliver with:
15% for up to and including 1000 pieces, and 10% for more than 1000 pcs.
15. Clichés, stamps and shapes
Costs are charged by the buyer, without the mentioned effects for that reason becoming the buyers property, unless otherwise agreed in writing.