Sale and delivery terms and conditions B2B, Business
| SALES AND DELIVERY TERMS AND CONDITIONS - B2B - October 2015 |
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| Sales and delivery terms and conditions B2B, Business. Applicable to all transactions between the customer and SODEMANN-SPRINGS.US APS, CVR no. 37 03 68 54 |
1. |
Scope |
| a: | These sales and delivery terms apply to purchase of items from SODEMANN-SPRINGS.US APS’ online shop, www.sodemann-springs.us. |
2. |
Prices and payment terms |
| a: | Prices of items and quantity discounts are displayed in the online shop. For any items not displaying prices and quantity discounts, the information may be obtained on request. |
| b: | For grouped orders with delivery over several occasions, prices, quantity discounts and freight arecalculated on the basis of each individual delivery rather than for the total order. Open orders not yet delivered, or delivered orders, can only be changed on written agreement fromSODEMANN-SPRINGS.US APS. If changes are made to ordered quantities in open or delivered orders, the rate of discount will also change; for that reason the unit price will always reflect the current price list and invoices will be issued accordingly. |
| c: | Minimum invoice value: In our online shop the minimum invoice value for items excludes carriage costs and VAT. The applicable minimum invoice value for the online shop will appear before an order is approved. For each order the minimum invoice value for items excluding carriage costs is US $ 25 excluding VAT. |
| d: | Prices do not include VAT or carriage costs. |
| e: | Payment is by debit or credit card, or by Pre-payment. Immediately after the order is placed, an acknowledgement containing all relevant information concerning the order is sent to the email address provided. |
| f: | Payment to: Jyske Bank Sankt Jacobsvej 4 2750 Ballerup Denmark Tel: +45 89890300 account no. 5018 0001362364 IBAN: DK0850180001362364 SWIFT: JYBADKKK |
3. |
Retention of title |
| a: | SODEMANN-SPRINGS.US APS retains full ownership of the delivered items until full payment has been made, including any interest that has accrued. SODEMANN-SPRINGS.US APS’s right of ownership applies to all items where the purchase price (including any completed payment) exceeds US $ 400. |
4. |
Limitation of liability |
| a: | Any offer for sale is subject to prior sale, and no liability can be accepted for temporarily sold-out items, printing errors, technical failures in connection with use of SODEMANN-SPRINGS.US APS’ website, inadequate order processing as a consequence of this, and so on. SODEMANN-SPRINGS.US APS cannot be held responsible for any such circumstances. |
| b: | The technical values provided on SODEMANN-SPRINGS.US APS’ website concerning, for example, dimensions, travel, stroke lengths and forces are average values for guidance only. SODEMANN-SPRINGS.US APS cannot be held responsible for any deviations from these average values. Text and technical information provided on the website is changed regularly, so it may differ from information provided previously. |
| c: | In the event of actual defects or product damage, SODEMANN-SPRINGS.US APS is only responsible if it can be proven that the defect or damage is due to error or negligence on the part of SODEMANN-SPRINGS.US APS. Unless otherwise stated in unalterable rules of law, SODEMANN-SPRINGS.US APS is not liable for loss of profits, loss of time, markups or other indirect losses suffered as a result of the aforementioned deficiencies and product damage. |
| d: | SODEMANN-SPRINGS.US APS’s liability for damages can in addition total a sum no higher than the invoice sum for the delivery in question. |
| e: | SODEMANN-SPRINGS.US APS cannot be held responsible for damage resulting from the overloading of delivered items, incorrect use of items, or any acid brittleness resulting from electrolytic surface treatment. |
| f: | SODEMANN-SPRINGS.US APS is also free of responsibility in the event of force majeure. |
| g: | If special demands are to be made of an item or its use, this must be specified in writing no later than at the point of ordering. SODEMANN-SPRINGS.US APS can never be held responsible for advice and calculations, because SODEMANN-SPRINGS.US APS cannot be considered to be conversant with assemblies, installation, weights, etc. The customer is wholly responsible for ordering and using the purchased items based on received information. |
| h: | SODEMANN-SPRINGS.US APS can only be subject to product liability where this is demanded by applicable legislation, including the Danish Products Liability Act. |
5. |
Delivery, including over-supply and under-supply |
| a: | In transactions concerning custom-made springs, SODEMANN-SPRINGS.US APS reserves the right to over- or under-supply up to 10% of the quantity ordered. |
| b: | Over- and under-supply will be matched by a corresponding adjustment of the invoice sum. |
| c: | Everything is supplied EXW – EX Works – unless otherwise agreed in writing. |
6. |
Complaints |
| a: | Any complaints must be made in writing within 8 days of delivery. |
7. |
Returning items |
| a: | SODEMANN-SPRINGS.US APS will not accept returned items without special prior agreement. In connection with such an agreement, SODEMANN-SPRINGS.US APS will provide the customer with a return number. This return number must be included on the package or on the accompanying documentation when the goods are returned. A return agreement expires 1 week after the date the agreement was entered into. If the package or the accompanying documentation does not have a return number, the returned item may be refused, and no credit note will be issued. The customer pays the costs associated with the return. The items must be returned in suitably sturdy packaging. If the items suffer damage due to poor or inadequate packaging, the customer bears all liability. If the seal of the package is broken, the items cannot be returned. |
| b: | Due to costs associated with quality control and so on, a maximum of 50% of the invoice sum will be credited when items are returned. |
8. |
Applicable law and venue |
| a: | Any dispute between the customer and SODEMANN-SPRINGS.US APS shall be settled according to Danish law, with the exception of any rules concerning the choice of applicable law, which may cause the handling of a dispute to be transferred to another country and the law of another country. The venue is the court in Aarhus, Denmark. |