Terms and conditions of sale

- for ApodanNordic A/S, CVR nr. 14 12 38 49 (hereinafter referred to "Seller")

 

§ 1 Use
Unless there is other written agreement, and notwithstanding any conflicting or different provisions of the purchaser given order or acceptance, the present terms and conditions is current of all deliveries made by the seller.
These terms and conditions are applicable from 1 July 2009 and cancel all current conditions.

§ 2 Offers
Unless otherwise stated, offers are valid for 30 calendar days from the date indicated on the quote. After that, the offer automatically falls away.

§ 3 Prices
All prices quoted excl. VAT. Seller reserves the right to adjust the price if this at the time of delivery has changed due to fluctuations in foreign exchange, prices from sub-suppliers, material price increases, changes in labor wages or government intervention in relation to the stated by the quote submission.

§ 4 Terms of Payment and Interest
Is nothing else agreed payment is 20 calendar days from the date of the invoice submitted by the vendor. Payment after the due date, induce a default interest of 1% per end of month of invoice and a charge added to a reminder of DKK 100,00.

§ 5 Delivery
Delivery is at Buyer's removal of the goods from the seller or seller's transference of the product to the carrier. Delivery is so EXW - Apodan (INCOTERMS 2000). Risk of any damage to the goods or their accidental loss is passed to the buyer upon delivery. Seller determines which mode of transform to be applied.

§ 6 Delivery
Delivery times will be specified in quotes, order confirmation or to be agreed concrete.

§ 7 Merchant delay
This provision applies regardless of the cause of delay occurs before or after the expiry of the agreed delivery time.
If seller ascertains that you cannot abide by the agreed delivery date, or delays from the vendor is likely, seller is required to notify buyer as soon as possible, and as far as possible when the supplies are expected to take place. The buyer can not cancel the contract due to delivery delays unless the delay exceeds 4 weeks from the agreed delivery date. Buyer may not make claim compensation due to delay at seller.

§ 8 Claimant default
Should the buyer after time of delivery has occurred, have neglect to pick up goods or to receive this, the seller is entitled to store and insure the goods for the buyer's expense. Should the buyer not pick up the good, despite a written request to do so, seller is - even in cases where goods are specially made according to buyers' instructions or specification - entitled to sell this the best way of the buyer's expense.

§ 9 Retention of Title
Seller reserves the ownership of the sold goods until the invoice is fully paid.

§ 10 Complaints
Upon receiving any kind of goods delivered by the vendor, the customer is obliged without undue delay and no later than within the first 8 calendar days to inspect this. Complaints after this time, due to circumstances which could be detected within 8 calendar days are not accepted. Moreover the rules, of the Danish Sale of Goods Act for complaints is valid between business' in every respect.

§ 11 Product Liability
Seller is responsible only for damage caused by the product of thing or person in the event that the damage is caused by errors or omissions of the seller or seller's employees. Seller shall under no circumstances be liable for losses, lost profits or other consequential financial loss. The buyer must immediately and without delay in writing notify the seller, if third parties make claims against the buyer because of product damage.

§ 12 Product Information
Any product information, whether derived from Apodan or one of Apodan's business relationships, including information of weight, dimensions, volume or other technical data is to be regarded as exploratory and only binding to the extent expressed in quotes and / or order confirmation. Specific requirements from the buyer are only binding so far as they are confirmed in writing by Apodan.

§ 13 Force Majeure
Seller is liable for failure or delay in performance hereunder which is due to force majeure, war, riots, civil unrest, government intervention or interference by public authorities, strikes, lockouts, export/import prohibition, lack or absence-full deliveries from subcontractors, shortage of labor, fuel, engine or any other cause which is beyond the seller's control and which may delay or prevent the production and delivery of the goods sold. If the seller wants to invoke force majeure as mentioned above, it is for the seller as soon as possible after the situation arisen to inform buyer about this, stating its reasons.
Whatever furthermore evident from the present terms and conditions, any of the parties may terminate the agreement by written notice to the other part if the performance of more than 6 months impeded by a force majeure event. In the event of such termination, no party claims against the other.

§ 14 Applicable law and jurisdiction
Any dispute between the parties which cannot be solved amicably shall be resolved by application of Danish law and by either arbitration or by the ordinary courts after the seller's choice.