General terms and
conditions.
The following terms and conditions
apply to all sales made by Continator Plastic Machinery (in the following
called the seller) unless other conditions have been agreed to in writing.
1 Offer
Unless expressly stated to the contrary, any offer is only binding on
seller for 30 days from receipt and it is furthermore subject to possible
changes in prices and terms of delivery concerning required raw material.
All data in our price list are solely for guidance, and errors and omissions
are to be excepted.
2 Property
All technical documents, models etc. that are freely put at a party's
disposal, remain seller's property and may not be passed on to a third
party. If an offer is not accepted, such material is to be returned to
seller.
3 Order
Unless otherwise agreed, all orders are carried out at the current prices
and terms of delivery valid on the date of order. The orders are furthermore
subject to force majeure and other conditions which are beyond seller's
control.
Our terms of delivery and payment are stated on the order confirmation/invoice.
The prices stated are exclusive of VAT. A handling fee of € 20,-
will be added to orders for less than € 135.-
4 Terms of delivery and dispatch
Our terms of delivery are ex factory (EXW) exclusive of packaging unless
otherwise specified in writing.
All deliveries are at buyer's
risk. Seller will arrange for the most expedient way of dispatching the
goods.
Stated times of delivery are
approximate. In case of delay, the buyer will be informed about the expected
delay of delivery. Dispatch up to 30 days after the time of delivery stated
in the order confirmation is considered to be delivery on time. If the
delay of delivery exceeds 30 days, the buyer may choose to cancel the
order if buyer immediately after having been informed about the delay
of delivery informs seller accordingly. Buyer cannot refer to other violations
of obligations including compensation. If buyer insists on the purchase,
seller is free from responsibility.
5 Payment
Payment must be received on the agreed date. On overdue payment, a 2%
interest will be calculated as from the day of payment.
Seller retains the title to the goods until full payment has been received.
6 Complaint
Written information concerning faulty goods must be received by seller
within 8 days from receipt of the goods irrespective of later installation.
The goods must be controlled by the buyer before use. Goods may only be
returned to seller after prior agreement. A 1-year guarantee is granted
on goods supplied by seller.
7 Product liability
If a product supplied by seller causes damage to a person or a thing,
seller is only liable if it is possible to establish that the damage was
caused by fault or neglect on seller's part. Also, seller cannot be held
liable for damages to products which the buyer has produced or for damages
to products that are part of these.
Should seller be held liable
to a third party, buyer is committed to indemnify seller to the same extent
as seller's liability is limited (see above).
8 Limited liability
Seller does not accept liability for operating loss, loss of profit, loss
of time or any other indirect loss. The limited liability applies to any
liability also product liability. Seller is thus free from responsibility
with regard to force majeure of any type when this occurs after the agreement
has been concluded.
9 Force Majeure
Seller is not liable to buyer when the following circumstances occur after
the order has been accepted and thus prevent or postpone the completion
hereof: war and mobilization, riot and unrest, terrorist acts, natural
disasters, strikes and lockouts, shortage of goods, faulty or delayed
supplies from subcontractors, fire, unavailable means of transport , weather,
currency restrictions, import and export restrictions, death, disease
or resignation of key personnel, IT breakdown or other circumstances of
which seller is not directly in control. Such a circumstance entitles
seller to postpone delivery until the hindrance has ceased, or seller
may without liability annul the order completely or partly.
10 Venue
Any dispute between the parties, including interpretation of present agreements,
is to be settled in the Danish Maritime and Commercial Court in Copenhagen.
Lejbølle 161207
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