TERMS AND CONDITIONS OF SALE AND DELIVERY

For Kent Højtryk A/S

Version: June 2019

 

1. APPLICATION

These terms of sale and delivery apply to any purchase of goods or products (hereinafter referred to as the "Product") that the customer makes at Kent Højtryk A/S, Skovbrynet 10, 6752 Glejbjerg, CVR no. 27 72 98 51, info@kent-as.dk (hereinafter referred to as "KH"), including for the purchase of Products on KH's webshop.

The Customer's purchasing conditions etc. do not apply to the contractual relationship unless KH has expressly agreed to this in writing.

2. BUY VIA WEBSHOP

KH sells spare parts and accessories for high-pressure cleaners from KH's webshop. For the purchase of high-pressure cleaners, hot water cleaners or hotboxes, please contact KH directly.

KH complies with all of the information obligations imposed on the service provider by the E-Commerce Act. However, in order not to make communication between KH and the customer unnecessarily cumbersome, the application of sections 10, 11(1) and 12 of the E-Commerce Act is waived as far as possible, cf. section 13(2).

 

3. ADVICE, QUOTES AND ORDER CONFIRMATION

KH's dialog with the customer about the customer's choice of solution is only non-binding discussions, unless a separate consultancy agreement is entered into.

KH's offer is valid for 4 weeks, unless otherwise agreed in writing.

A final agreement on sale and delivery is not concluded until KH has confirmed the order by written order confirmation. Orders are placed by KH subject to KH being able to purchase relevant goods, raw materials and the like.

KH is only obligated in accordance with the content of the order confirmation. If the customer finds that there is a discrepancy between the order and the order confirmation, the customer must complain immediately. Otherwise, the customer shall be bound by the content of the order confirmation.

4. DRAWINGS AND TECHNICAL INFORMATION

All drawings and technical documents relating to the Product or its manufacture which are provided to the Customer before or after the conclusion of the order remain the property of KH.

Drawings, technical documents or other technical information received by the customer may not, without the consent of KH, be used for any purpose other than that for which they were provided. Such information may not be copied, reproduced, handed over or otherwise made known to third parties without the consent of KH.

When purchasing a Product that consists wholly or partly of software, the customer only obtains a non-exclusive right to use the software. The customer thus acquires no form of ownership of the software. The customer's right to use the software cannot be transferred to third parties and the customer is not entitled to copy the software to third parties.

5. PRICES

All prices are stated in Danish kroner (DKK) and exclude VAT, public taxes of any kind, packaging, transportation, etc.

Reservations are made for changes in price increases made by KH's subcontractors, customs duties and consumption taxes of any kind as well as currency fluctuations, which KH can thus impose on prices up to delivery. KH shall notify the customer in writing without undue delay.

 

5.a PRICES - BUY ON WEBSHOP

In addition to the above regarding prices, the following additions apply in case of purchase of Products on KH's webshop:

All prices are quoted in Danish Kroner (DKK) and exclude VAT. Danish VAT (25%) will be added to the subtotal on the "checkout" page.
KH charges a handling fee of DKK 250 for all orders under DKK 750.

6. PAYMENT, INTEREST CALCULATION AND MORA

The purchase price is due for payment 14 days from the invoice date, unless it is an order purchase, in which case the purchase price is paid half when ordering and half when the Product is delivered.

KH reserves the right to demand a bank guarantee or other security for payment prior to delivery. If the customer cannot provide such security, KH is entitled to cancel the order and claim compensation for the loss KH may suffer as a result.

KH may, without liability, by written notice to the customer, postpone delivery of the order if the customer is in arrears with payment for a previous order. KH is entitled to cancel the order if the customer has not paid the amount due within three months of sending a demand for payment. The customer is liable for any loss KH suffers as a result of non-payment.

If the customer fails to pay on time, interest at 2% per month will be charged and KH is entitled to compensation for its collection costs.

6.a PAYMENT - PURCHASE ON WEBSHOP

In addition to the above regarding payment, the following additions apply in case of purchase of Products on KH's webshop:

On the webshop www.kent-as.dk we accept the following payment cards: Visa, Visa Elektron, Visa Dankort, MasterCard and Maestro. The money for the customer's purchase will be definitively deducted when the order is finalized. Once the money has been debited, the customer will receive a confirmation email, after which the customer's order will be shipped with the next shipment, cf. section 8.a below regarding delivery.

7. RETENTION OF TITLE

All Products remain the property of KH until payment has been made in full. All costs associated with enforcing the retention of title shall be borne by the Customer. The retention of title does not affect the passing of risk according to clause 8.

8. DELIVERY

Delivery is made in accordance with ICC Incoterms 2010 Ex Works Glejbjerg, Denmark, unless otherwise expressly agreed in writing. KH may, depending on the circumstances, specifically assist in arranging and shipping Products at the customer's expense, if this has been accepted in writing by KH for the order in question.

If another place of delivery is agreed, transportation to this place, including any loading, is at the customer's expense and risk.

Insurance of the buyer's risk during transportation is only taken out by KH if this has been expressly agreed in writing.

8.a DELIVERY - PURCHASE ON WEBSHOP

In addition to the above regarding delivery, the following additions apply in case of purchase of Products on KH's webshop:

KH uses GLS and Postnord for shipping. Shipping is ordered the same day if the order is placed before 14:00. KH will then hand in the package for shipment on the next business day, so that the shipment starts from the post office at 10:00 am one business day after your order. After that, the shipping time is up to the individual shipping company and therefore cannot be determined. Please write a

note to the order on the "checkout" page if there are any special reservations that need to be taken into account in connection with shipping or delivery. KH offers FREE SHIPPING ON PURCHASES OVER DKK 2000.

9. DUTY TO INVESTIGATE, COMPLAINTS AND REMEDIES

The Customer shall immediately upon receipt carry out a thorough examination of the Product to ensure that the Product is free from defects and delivered in accordance with the contract.

Complaints must be made in writing and be received by KH no later than 8 days after delivery of the Product. Any complaint must be specific, documented and precisely state the content of the complaint.

In the case of non-visible damage, complaints must be made in a similar manner no later than 8 days after the defect could have been detected by thorough examination.

If the customer has not made a written complaint within 12 months from the time of delivery, the customer is in all respects precluded from asserting claims for defects, damages or other remedies.

The customer's remedies in the event of delay or in the event of defects are set out in clauses 11 and 12.

10. RIGHT OF WITHDRAWAL (ONLY FOR WEBSHOP PURCHASES)

When purchasing on KH's webshop, the customer has a 14-day right of withdrawal.

If the customer wishes to exercise the right of withdrawal, please contact KH either by e-mail or telephone. Notice of exercise of the right of withdrawal must be notified to KH within 14 days of receipt of the Product. The Product must then be returned as soon as possible. The Customer shall bear the costs of the return shipment, unless otherwise agreed in writing with KH.

Take care of the item. The item must have been tested, but not used to such an extent that it cannot be resold. If the item has been used beyond this, the customer is obliged to pay for the loss in value. Returns must always include instructions for use, labels, molded plastic and the like.

11. DELIVERY TIME AND DELAY

The delivery time or period is stated when ordering and, if applicable, on the order confirmation. KH reserves the right to postpone delivery by 7 days without liability for KH. KH must notify the customer as soon as such a postponement of delivery becomes relevant.

If the customer can prove that a delay has occurred and that the delay is due to errors or omissions on the part of KH and that the customer has incurred a loss as a result of the delay, the customer is entitled to compensation for the loss incurred.

In the event of a delay, the customer is only entitled to cancel the agreement by written notice to KH if the delay extends beyond 3 months from the original delivery time.

KH assumes no further liability for the delay or its consequences, nor does the customer have any other remedies for breach of contract.

If the delay is due to one of the circumstances listed in clause 16 or any other circumstance caused by the customer's circumstances, KH is entitled to extend the delivery time to the extent that it is reasonable under all circumstances. This applies regardless of whether the cause of the delay occurs before or after the agreed delivery time.

Unless the customer's failure to receive the Product is due to circumstances as stated in clause 16, KH may by written notice require the customer to receive the Product within a final reasonable deadline. If the customer fails - for reasons for which KH is not responsible - to receive the Product within this deadline, KH is entitled to terminate the agreement in whole or in part by written agreement. In such a case, KH is entitled to compensation for any damage caused by the customer's breach of contract.

12. LIABILITY FOR DEFECTS

If the Customer can prove that the Product is defective, KH is entitled to remedy the defect in accordance with this clause 12.

The remedy shall be made where KH deems it appropriate. Any shipping costs shall be shared equally between KH and the customer.

Only if KH is not able to carry out the remedy, error correction or adjustment, etc. within a reasonable time and with a reasonable number of attempts at remedy, the customer may have the remedy carried out by a third party. If the customer unjustifiably has the remedy carried out by a third party, the customer cannot in such cases claim reimbursement of the costs incurred by KH.

KH's liability does not include defects due to causes arising after the time when the risk for the Product has passed to the customer, including defects due to inadequate maintenance, incorrect installation or incorrect repair by the customer or changes made without KH's written consent. KH is also not liable for normal wear and tear and deterioration.

The customer shall not be entitled to any other remedies for breach of contract other than those set out in this clause 12.

 

13. LIABILITY FOR DAMAGE CAUSED BY A PRODUCT

KH is liable according to Danish law's general rules regarding product liability, as KH's product liability in the mutual relationship between KH and the customer is in all cases limited to DKK 10 million.

Notwithstanding the above, KH is not liable for property damage caused by the Product after delivery and while in the customer's possession, nor is KH liable for damage to products manufactured by the customer or damage caused by products in which KH's Product is included. Modification or intervention in the Product without KH's written consent, as well as failure to comply with applicable rules and regulations, relieves KH of any liability.

If KH is subject to product liability towards third parties, the customer is obliged, in the mutual relationship between KH and the customer, to indemnify KH to the extent that such liability extends beyond the limitations set out in these terms and conditions.

If a third party makes a claim for compensation against either KH or the customer for such damage as regulated in this provision, the party concerned shall immediately notify the other party thereof.

 

14. ANTICIPATED DEFAULT

Notwithstanding other provisions of these terms and conditions of sale and delivery, KH is entitled to cancel the order and the resulting obligations if it is clear from the circumstances that the customer will not fulfill its obligations. In such a case, KH must immediately notify the customer in writing.

 

15. LIMITATION OF LIABILITY

KH's liability does not include faults and defects in the Product caused by material provided by the customer or constructions or specifications specified by the customer. KH is solely liable for defects or deficiencies that arise during proper and responsible use of the Product. Modification of or intervention in the delivered Product without KH's written consent relieves KH of any obligation.

The customer is responsible for ensuring that KH's delivery is suitable for the customer's purpose.

Except for the liability under clause 13, KH's liability is in any case limited to the order value of the relevant Product(s).

In no event shall KH be liable for operating loss, loss of profits, loss of time, loss of use, loss of business opportunity, loss of goodwill or for any other consequential or indirect loss.

To the extent that KH may be held liable to third parties, the customer is obliged to indemnify KH to the extent that such liability extends beyond the limitations set out in these terms and conditions.

16. MAJOR FORCE

In the event of force majeure, KH is released from its obligations for as long as the force majeure situation exists. Force majeure exists if KH or KH's subcontractors are prevented from fulfilling agreements governed by these terms of sale and delivery as a result of the following non-exhaustive circumstances: War and mobilization, riots and unrest, terrorist actions, natural disasters, strikes and lockouts, scarcity of goods when these are affected by these circumstances, fire, lack of transport options, currency restrictions, import and export restrictions, computer viruses or other circumstances beyond KH's control and which could not be foreseen at the time of the conclusion of the agreement.

If the force majeure situation lasts for more than 3 months, KH and the customer are entitled to cancel the order in whole or in part.

17. PRIVACY POLICY

When using KH's website, KH collects and processes a range of information on an ongoing basis. This happens, among other things, if the customer registers as a user or makes a purchase via the webshop. Please refer to KH's privacy policy, which can be found on KH's website www.kent-as.dk/forside/cookies.

18. JURISDICTION AND CHOICE OF LAW

The agreement shall be governed by Danish law except for the rules of private international law applicable from time to time. The International Sale of Goods Act (CISG) shall not apply.

Disputes between KH and the customer that cannot be settled amicably shall be settled by the Court of Esbjerg in the first instance.

KH shall, however, always be entitled to bring an action in the customer's home court. In connection with product liability damages, KH may also choose to bring an action against the customer before the court hearing a product liability claim against KH.

KH is also entitled to demand that any dispute be resolved by arbitration at the Danish Institute of Arbitration or the Court of Arbitration of the International Chamber of Commerce (ICC), where the place of arbitration shall be Denmark and the language of the proceedings shall be Danish.