Terms and conditions of sale
1.1 Any sale and any delivery from Bodotex A/S is made in accordance with the following general terms and conditions of sale and delivery, which shall be regarded as an integral part of the agreement between Bodotex A/S and the Customer.
1.2 Any deviation from these sales and delivery terms must be agreed in writing in order to apply. This also applies to the Customer's possible purchase conditions. These apply only if they are accepted in writing by Bodotex A/S. In the event of any conflict between the present sale and delivery terms and the Customer's terms of purchase, these terms and conditions shall prevail.
2. Conclusion of agreement
2.1 The customer's order is not binding on Bodotex A/S until the order confirmation has been issued to the Customer. Any inquiry from Bodotex A/S to the Customer prior to the order confirmation is solely to be construed as a request to the Customer to make an offer.
2.2 The item of sale is the products that are stated in Bodotex A/S's order confirmation. Bodotex A/S is therefore only obliged to deliver the products stated in the order confirmation. This also applies in the event of a discrepancy between the Customer's order and the order confirmation.
3. Payment and interest
3.1 The full invoice amount must in all cases be paid. The customer is thus entitled to set off against the claims against Bodotex A/S in the purchase price.
3.2 If the Customer does not pay in due time, interest from the due date on the amount owed at any time is attributed to the interest rate applicable in accordance with the Danish Interest Act at any time.
4. Retention of title
4.1 The ownership of the delivered products remains with Bodotex A/S until the delivered products are fully paid.
5. Delivery and risk transition
5.1 Delivery takes place as specifically agreed with the Customer, and the risk of the products is transferred to the Customer in accordance with the latest version of INCOTERMS delivery clauses.
6. Delay and shortcomings
5.2 When delivering goods made on the Customer's specification or purchased under special orders, or on delivery in bulk (tanker truck etc.), Bodotex A/S is entitled to deliver +/- 10% of the agreed quantity.
6.1 Unless otherwise agreed, postponement of the delivery is deemed to be timely delivery up to two weeks from the agreed delivery date. In case of delayed delivery, Bodotex A/S's liability for damages is limited to 10% of the invoice value of the delayed products, however, a maximum of DKK 50,000.
6.2 If the delivered products are defective, Bodotex A/S may, at its option, make remedies or give a proportionate reduction. Only in cases where Bodotex A/S does not carry out such remedies or gives a proportionate refusal, the Customer will be entitled to claim compensation in connection with the defects.
6.3 In no case is Bodotex A/S liable for losses and costs, including operating loss, loss of profit or other indirect loss which the Customer may suffer in the event of delayed or defective delivery.
6.4 Bodotex A/S is in no case liable for losses and costs as a result of color, hue and gloss differences in the finished products which the products supplied by Bodotex A/S are made part of or mixed with.
7. Obligation to investigate and deadlines for complaints
7.1 Upon delivery, the customer must carry out a proper examination of the delivered goods. Visible or immediately detectable faults or defects that are incurred during the transport must be notified to the carrier at delivery, and the buyer must ensure that the carrier acknowledges this. Errors and deficiencies that the Customer could have found during an investigation of the delivered or not notified to the carrier, the Customer cannot subsequently claim
7.2 The customer forfeits all breach of contract in case of delay or a defect, if written complaint is not received by Bodotex A/S within 7 days of receipt in the event of a visible defect, and in the event of a hidden defect or delay within 7 days after it time when the Customer was or should have been informed of the defect or delay.
7.3 However, in all cases, the customer forfeits his or her breach of contract, if the advertisement is not submitted within 12 months from the time of delivery, cf. 5th
8. Product liability and indemnity
8.1 Bodotex A/S 'product liability for commercial damage caused by defects in the products supplied, which occur after the Customer has received the products, including for damage to or caused by products manufactured by the Customer, or on products in which they by Bodotex A/S delivered products are included, is in all cases limited to a maximum of DKK 1,000,000 per. damage or serial damage. The value of the delivered products must always be deducted from the compensation.
8.2 However, Bodotex A/S is in no case liable for the Customer's indirect loss, including operating losses, lost profits, or other financial consequential losses. Bodotex A/S is also in no case liable for losses, expenses or costs related to the repatriation, revocation or withdrawal, repair, replacement, destruction, or removal of defective products supplied by Bodotex A/S or defective products, in which they by Bodotex Products supplied by A / S are included.
8.3 The customer must indemnify Bodotex A/S to the extent that Bodotex A/S is liable to third parties for such damage and such loss as Bodotex A/S after item. 8.1 - 8.2 is not responsible to the Customer.
8.4 Bodotex A/S is in no case liable for damage caused by the products supplied in the United States or Canada. If the Customer forwards the product of Bodotex A/S to the United States or Canada or uses Bodotex A/S product as part of its own product and this product is forwarded to the United States or Canada, Customer is liable for any damage caused by the Product in the United States or Canada.
9. Force majeure
9.1 In case of force majeure, Bodotex A/S is entitled, without liability to the Customer, to cancel the sale in question.
9.2 Force majeure is available, among other things, if Bodotex A/S or its subcontractor and / or carrier is prevented from fulfilling the agreement as a result of war, civil war, rebellion, terror, public restrictions, import or export prohibition, blockade, strike, work stoppage , natural disasters, including, but not limited to, earthquakes, storm-flooding, extensive flooding, ski pumping and volcanic eruptions, or the like, which should not be foreseen by Bodotex A/S at the time of the conclusion of the agreement.
10. Governing law and venue
10.1 The agreement between Bodotex A/S and the Customer, including interpretation and filling of these sales and delivery terms, is subject to Danish law.
10.2 Any dispute between Bodotex A/S and the Customer must be settled at Bodotex A/S's home.
10.3 If a third party institutes proceedings against Bodotex A/S in case of the Customer's resale of Bodotex A/S's product or a product which the products supplied by Bodotex A/S have been made part of or mixed with, the Customer is at Bodotex A/S 'Requirement to be summoned to the court that deals with the claim against Bodotex A/S. However, the mutual relationship between Bodotex A/S and the Customer must in this case also be decided in accordance with Danish law, including these sales and delivery terms.