AKUART A/S TERMS OF SALES & DELIVERY The following sales- and delivery terms apply in the event that they are not specifically modified through a written agreement between the two parties. 1 Offer An offer is valid for 30 days from the date of the offer. 2 The Order An order is not final until written confirmation is available. In case of discrepancy between the agreed and the order confirmation sent, such must be informed to AKUART within 3 working days after the order confirmation has been delivered. Otherwise it is the stated in the order confirmation applicable. 3 Prices All prices are in Euro, VAT excluded, unless otherwise indicated. The prices are set in the agreement-/offer period, however measures are taken in relation to price changes as a consequence of essential changes in customs, taxes, fees and possible changes in foreign currency rate, commodity prices etc. 4 Terms of Payment 8 days net cash unless otherwise specified in the order confirmation and invoice. For orders over Euro 13.500 half will be invoiced on order confirmation and half on delivery. In the absence of or late payment the possible discount rate lapses, and an interest rate will be calculated of the outstanding balance of 2 per cent per month in commercial relations and a minimum lending rate (MLR) of +5 per cent per annum in consumer relations. The Buyer is not entitled to offset any counterclaims against AKUART, nor is the Buyer entitled to withhold any part of the purchase price due to counterclaims of any kind. 5 Ownership Reservations AKUART retains title to the goods sold until the entire purchase price has been paid. Special offers, drawings and other remain in the property of AKUART, unless otherwise agreed in writing. These may not be brought to the knowledge of a third party without the written accept of AKUART. 6 Terms of Delivery We ship all over the world. Our dispatch time is 10-14 business days after order confirmation. A tracking number will be provided to you hereafter by email. The arrival time depends on which area of the world the shipment is sent to. All products are delivered to ground floor/kerb. As of this point it is the Buyers responsibility to transport the product to the residence / floor. It must be possible for a truck to pass to the delivery address. Packages received with visible damage must be opened and controlled while the freight company (driver) is present. If damages on the product is equal to the damages on the package, you must refuse to accept the product and inform AKUART hereof. It is of great help if damages on both package and product are documented with photos. It is possible that products are damaged without it being visible on the package. Unpack the product as soon as possible after receiving them and check them. A damage, which could not be seen on the package, is to be informed to AKUART immediately with photos of the damages concerned. 7 Administrative Authorizations AKUART takes no responsibility for collecting any authorizations from the authorities. Therefore be aware if the offered solution needs authorization from e.g. Fire- or Food Safety Authority. 8 Time of delivery Time of delivery is indicated in the order confirmation. AKUART takes no responsibility for direct or indirect loss in relation to possible excess of the times of delivery. Exceeding time of delivery does not entitle the Buyer to cancel the order. In case of a confirmed delivery is changed on the Buyers request, AKUART reserves the right to invoice the order amount on the originally agreed time of delivery.
01
AKUART A/S TERMS OF SALES & DELIVERY 9 Returns Since all products are specially manufactured for each order, products are in general non-returnable. In special cases, by prior arrangement, a full return can be made for standard products at a fee of at least 20% of the suggested retail price. 10 Limitation of Liability Any claim of damages against AKUART cannot exceed the amount invoiced for the products sold. AKUART is not liable for loss of profits or other indirect loss arising from the agreements, including indirect losses arising as a result of delays or defects in the products sold. 11 Warranties AKUART provides from the date of the invoice a 2-year warranty on workmanship and materials. The warranty does not cover wear. AKUART disclaims responsibility for damaged caused by wrong and improper use/treatment or negligent use/processing of the products supplied. 12 Product Liabilities AKUART shall not be liable for any injury or damage except in the case it can proven that the damage was caused by gross negligence. AKUART shall not be liable for consequential damages, including consequential and other indirect losses attributable to product liability. The total liability of AKUART for injuries or damages is limited to Euro 1.34 million. If AKUART incurs product liability towards third parties, the customer is required to keep AKUART harmless to the extent that demand may exceed the said limit. 13 Copyrights In case the Buyer wants a self-elected motif printed that is not in the image gallery of AKUART, the Buyer must take all necessary arrangements with any rights holders on the use of the motif. The Buyer indemnifies AKUART for any claim by a third party in this regard. 14 Force Majeure In the event of AKUART being wholly or partly unable to meet its obligations towards the Buyer as a result of force majeure or other external circumstances, which AKUART is not responsible for such as war and rebellion-like conditions, strikes, lockouts and other types of labour disputes, fire and flood, shortage of labour, materials and fuel shortages, transport difficulties, government regulations, currency restrictions and delays or failure by suppliers to deliver and other similar conditions, AKUART cannot be held liable for any losses, whether it being direct or indirect, which the Buyer and/or a third party should suffer in this regard. The mentioned factors justify AKUART to terminate any agreement and/or cancel any orders that are subject to these General Terms and Conditions free of all charges. If the amount of products included in a given order is reduced in this regard, the Buyer is obliged to purchase the quantity of products AKUART is able to deliver. The payment shall be laid down where appropriate to a proportionate share of the originally agreed price. 15 Governing Law and Arbitration The substantive laws of Denmark shall govern these Purchase Conditions. Any dispute arising out of these Purchase Conditions shall be finally settled under the procedural rules of the Danish Institute of Arbitration (Copenhagen Arbitration). Arbitration shall take place in Copenhagen, Denmark. Arbitration proceedings shall be conducted in the English language.
02