General Terms of Sale and Delivery
April 2023
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1 General
The following terms and conditions apply to each and any order. Any other conditions require acknowledgement by regaco a/s, hereafter named Supplier, in writing.
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2 Special Agreements
In order to be effective, any oral agreements made prior to or at the time of concluding the contract of supply must be con-firmed by Supplier in writing.
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3 Testing
The products being components for internal fitting into products manufactured or assembled by the customer may require certain testing to be carried out by the customer. Supplier is not responsible for the fitness for particular purposes of the products being incorporated in the final products manufactured or assembled by the customer. Prior to conclusion of the contract of supply the customer has been given the opportunity to carry out testing of the products.
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4 Delivery
Supplier’s offers are subject to change without notice.
Partial deliveries and the respective invoices shall be permitted to a reasonable extent.
The delivery period shall begin when the goods leave the ware-house but not before the customer’s standard duty to cooper-ate has been fulfilled, particularly in respect of the submission of necessary documents or payment of deposits.
Force majeure and other influences beyond Supplier’s control that may hinder the smooth handling of the order, in particular belated deliveries on the part of Supplier’s suppliers, as well as traffic congestion and stoppages, labor disputes, shortage of materials, power cuts, action by government authorities or import and export restrictions shall entitle Supplier to postpone the delivery date or, insofar as the fulfillment of the order is seriously jeopardized or prevented by the aforementioned events, to cancel the order in part or in whole, without a right to compensation on the part of the customer. Supplier shall notify the customer immediately upon becoming aware of such cir-cumstances.
Shipping and packaging will be arranged to the best of Supplier’s judgment. However, Supplier shall not be liable for the cheapest form of shipping. Acceptance of the goods without objection by the carrier or haulage company shall be taken as proof of flawless packaging. Unless agreed otherwise, ship-ments shall always be sent at the customer’s expense and risk.
The risk of accidental loss or deterioration of goods sent to the customer shall pass to the latter when the customer’s au-thorized carrier takes possession of the goods and no later than the time at which they leave the warehouse, regardless of who pays the freight costs.
The return of goods shall require prior written approval by Supplier.
All complaints related to the delivery, invoicing or other docu-ments must be notified no later than one week after receipt.
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5 Warranty
Supplier warrants the use of flawless materials in accordance with specifications.
Supplier shall be informed in writing immediately of any de-fects discovered. In the case of obvious and visible defects the customer must advise the Supplier immediately, and no later than fourteen days following receipt of the goods.
Should the goods be defective or lack warranted qualities or should they become defective during a warranty period Supplier will, at Supplier’s option, remedy the defect or exchange the goods or take the goods back against reimbursement of the purchase price. Missing quantities be delivered subsequently if possible; in any other case a credit note will be given.
Supplier’s liability for defects does not extend to natural wear and tear and improper treatment and does not cover damage/loss caused by faulty or careless treatment or installation, overuse, unsuitable operating material, non-compliance with Supplier’s recommendations for the installation, treatment, testing and storage of Supplier’s products.
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6 Liability
In case of product liability or in case the goods should be defective or lack warranted qualities during the warranty period Supplier shall be liable for direct damage. To this effect Supplier has taken out insurance coverage.
The liability shall not be extended to include indirect damage or consequential damage or loss of goodwill or business opportunities.
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7 Changes
Supplier reserves the right to make changes at any time in material, specifications and models and to discontinue models without any prior notice and without any further obligation.
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8 Transport Damage
A record of visible transport damage must be made upon receipt of the goods in presence of the shipping agent and immediately submitted to Supplier in writing. Transport damage that is discovered at a later date must be notified in writing immediately upon detection and no later than one week after receipt of the goods. No alterations may be made to damaged items before they have been released by Supplier to the transport insurance company.
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9 Terms of Payment
Net cash without discount, unless differently stated. All banking fees related to the payment are the responsibility of the customer. 2% interest per month will be charged for delayed payments.
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10 Governing Law and Jurisdiction
The relationship between Supplier and customer shall be governed by Danish law. Place of jurisdiction shall be Copenhagen, Denmark.
