Sales and delivery terms for NSH NORDIC A/S
1. Validity of the terms
The terms mentioned below are valid for all offers, sales, and deliveries from NSH NORDIC A/S, unless otherwise agreed in writing with the purchaser.
2. Offers and orders
All offers from NSH NORDIC A/S are without obligation. An order is binding for NSH NORDIC A/S only when NSH NORDIC A/S has forwarded an order confirmation in writing.
All prices are based on Danish kroner (DKK) excluding VAT and other state taxes, unless the offer or order confirmation state otherwise. Until delivery, the purchaser is obliged to accept any changes of VAT and other tax rates, exchange rates, tariff rates, freight rates, prices of raw materials, or wages determined by collective agreement.
Unless otherwise stated in the offer and the order confirmation, the quoted prices are ex stock, see Incoterms 2000.
For special orders manufactured according to specifications stated by the purchaser, NSH NORDIC A/S is entitled to deliver with a difference in the amount of +/- 10% without such difference resulting in any change in relation to the agreed price.
Delivery within 2 weeks after the delivery date stated in the order confirmation, is, in all respects, to be considered as delivery in due time, so that such postponement will not entitle the purchaser to make a breach of contract claim against NSH NORDIC A/S. In addition to this, NSH NORDICS A/S’s delivery time will be suspended in the event of strikes, lockout, fire, water damage, machinery damage, lack of operating power, war at home or abroad, failing delivery of raw materials or other such delivery problems, and force majeure. If the said obstacles to the execution of an order cannot be relieved at all or only at disproportionate costs, NSH NORDIC A/S reserves the right to cancel the order.
If the delay of an order is not caused by the circumstances mentioned in paragraph 3.3, the purchaser is entitled to set a reasonable and final deadline for delivery after the stated delivery time has been exceeded. Such a deadline should be at least 7 days. If delivery has not taken place before this deadline, the purchaser is entitled to cancel the agreement. Apart from this, the purchaser has no right to make any claims against NSH NORDIC A/S in the event of delays.
NSH NORDIC A/S’s terms of payment are two weeks net unless otherwise agreed in writing.
In case of overdue payment, NSH NORDIC A/S will charge an interest rate of 2% per month as of the date of payment stated on the invoice. An additional fee of DKK 100 will be charged for writing out the interest invoice.
The purchaser will normally be given a credit line of DKK 25,000 excluding VAT. When this credit line is exceeded, the transactions between NSH NORDIC A/S and the purchaser can only continue provided that the purchaser is approved for a higher credit line by a debtor insurance company chosen by NSH NORDIC A/S.
The purchaser is obliged to contribute relevant information in connection with the application for a higher credit line.
If NSH NORDIC A/S estimates that the purchaser’s ability to pay has been reduced after the notification of the order confirmation, NSH NORDIC A/S is entitled to demand that the purchaser, as a condition for the execution of the order and at NSH NORDIC A/S’s option, provides collateral for the payment of the purchase price or pays the purchase price in advance.
Payment in full discharge is possible only to NSH NORDIC A/S’s address, unless otherwise stated in the invoice.
The purchaser is not entitled to offset any counterclaims, which have not been approved by NSH NORDIC A/S in writing in advance, and is not entitled to keep back any part of the purchase price on account of such counterclaims.
5. Retention of title
The items sold will remain the property of NSH NORDIC A/S until the full purchase price has been paid.
6. Product information
Any technical information, specifications, product information, catalogues, brochures, user manuals, etc. about the product’s function and usage as well as other technical data about the article, which have not been confirmed in writing in the agreement with the purchaser, are only intended as a guide and without obligations for NSH NORDIC A/S.
7. Defects and complaints
The purchaser must sign for the articles on delivery and, in the receipt, confirm the number of articles received. The purchaser is obliged to examine the articles immediately after receipt. Notice of any defects that are discovered or should have been discovered during this examination, or which are discovered later, must be given to NSH NORDIC A/S in writing within 3 days. The purchaser must not in any way make use of the article complained about before the complaint has been settled with NSH NORDIC A/S.
In any case, NSH NORDIC A/S’s liability for defects will cease no later than 1 year after delivery of the article.
In the event that NSH NORDIC A/S is liable for a defect, NSH NORDIC A/S will, at NSH NORDIC A/S’s option, take remedial action by repairing any defects or replacing the article. Such remedial action will take place as soon as possible after the item has been returned to NSH NORDIC A/S by the purchaser. Apart from this, the purchaser is not entitled to make any claims against NSH NORDIC A/S in case of flaws and defects in the articles, irrespective of any losses that may directly or indirectly be caused by such flaws and defects in the articles. It is thus specified that NSH NORDIC A/S’ liability does not include any liability for operating losses, loss of profits, or any other direct losses. Furthermore, it is specified that any liability to pay damages on the part of NSH NORDIC A/S will not exceed the invoiced value of the relevant article.
8. Return goods
Apart from what is stated in paragraph 7.3, the purchaser has no right of return, unless this has been agreed in writing with NSH NORDIC A/S in advance. In that case, the purchaser is obliged to pay a fee pursuant to NSH NORDIC A/S’ fees for the handling of returned goods in force at the time. Articles and pallets will only be accepted if they are returned at the purchaser’s own expense and risk and if they are received unused and undamaged.
9. Product liability
NSH NORDIC A/S is liable for any damage to persons and things that results from defects in the delivered articles, to the extent that such liability follows from the current statutory provisions on product liability. However, NSH NORDIC A/S is not liable for any damage to real property or chattels that are intended for commercial use (damage to commercial property).
In addition to this, NSH NORDIC A/S is not liable for any operating losses, loss of profits, or any other indirect losses in connection with product liability.
10. Disputes and applicable law
Any disagreements between the purchaser and NSH NORDIC A/S which cannot be settled by negotiation will be decided under Danish law at the district court in Horsens. To the extent that NSH NORDIC A/S is found to be liable for damages to a third party caused by conditions with the purchaser, the purchaser is obliged to agree to be brought to court at the same court of law that deals with the claim against NSH NORDIC A/S.