Sales and Delivery Policy – for Apodan A/S, CVR No. 14 12 38 49 (hereinafter referred to as “the seller”)
Unless otherwise agreed in writing, and regardless of any conflicting or deviating terms in the buyer’s order or acceptance, these terms and conditions of sale and delivery apply to all deliveries made by the seller. These terms are effective from July 1, 2009, and supersede any previously applicable terms.
Unless otherwise stated, offers are valid for 30 calendar days from the date specified in the offer. After this date, the offer automatically expires.
All prices are quoted excluding VAT. The seller reserves the right to adjust the price at the time of delivery due to fluctuations in exchange rates, price increases from subcontractors, material cost increases, changes in wages, or government interventions compared to the information provided at the time of the offer.
Unless otherwise agreed, payment is due 20 calendar days from the date of the invoice issued by the seller. Late payment incurs interest of 1% per month and a reminder fee of DKK 100.00.
Delivery occurs when the buyer collects the goods from the seller or when the seller hands over the goods to the carrier. Delivery is thus EXW – Apodan (INCOTERMS 2010). The risk of damage or accidental loss of the goods passes to the buyer upon delivery. The seller decides the mode of transport.
The delivery time will either be specified in the offer, order confirmation, or agreed upon specifically.
This clause applies regardless of whether the cause of the delay occurs before or after the agreed delivery time. If the seller realizes that the agreed delivery time cannot be met, or a delay is likely, the seller must notify the buyer as soon as possible and, if possible, indicate when delivery can be expected. The buyer may not cancel the agreement due to delay unless the delay exceeds 4 weeks from the agreed delivery date. The buyer cannot claim damages due to delay.
If the buyer fails to collect or receive the goods after the delivery time has occurred, the seller is entitled to store and insure the goods at the buyer’s expense. If the buyer fails to collect the goods despite written notice, the seller – even if the goods were specially manufactured according to the buyer’s instructions or specifications – is entitled to sell the goods in the best possible way at the buyer’s expense.
The seller retains ownership of the goods sold until the invoice is fully paid.
Upon receipt of any goods delivered by the seller, the customer is obliged to inspect them without undue delay and no later than within 8 calendar days. Complaints after this period, based on issues that could have been identified within 8 days, will not be accepted. Otherwise, the Danish Sale of Goods Act applies to the complaint period between businesses.
The seller is only liable for damage caused by the product to property or persons if it is documented that the damage was due to errors or negligence by the seller or the seller’s employees. Under no circumstances is the seller liable for loss of operations, lost profits, or other financial consequential losses. If a third party makes a claim against the buyer due to product damage, the buyer must immediately and without undue delay notify the seller in writing.
Any product information, whether from the seller or the seller’s business partners, including information on weight, dimensions, volume, or other technical data, is considered indicative and only binding to the extent that the seller explicitly refers to it in the offer and/or order confirmation. Specific requirements from the buyer are only binding if confirmed in writing by the seller.
The seller is not liable for failure or delay in fulfilling the agreement due to force majeure, war, riots, civil unrest, government or public authority intervention, fire, strike, lockout, export/import bans, missing or defective deliveries from subcontractors, lack of labor, fuel, power, or any other cause beyond the seller’s control that may delay or prevent the manufacture and delivery of the goods sold. If the seller wishes to invoke force majeure, the seller must notify the buyer as soon as possible after the situation arises, stating the reason. Regardless of other provisions in these terms, either party may cancel the agreement by written notice to the other party if performance is hindered for more than 6 months due to a force majeure event. In such a case, neither party has any claim against the other.
Any dispute between the parties that cannot be resolved amicably shall be settled under Danish law and either by arbitration or by the ordinary courts, at the seller’s discretion.
Information on Complaints:
A complaint about a product or service purchased from us may be submitted to the Danish Competition and Consumer Authority’s Center for Complaint Resolution, Carl Jacobsens Vej 35, 2500 Valby. You can submit a complaint via www.forbrug.dk. The EU Commission’s online complaint portal may also be used, especially if you are a consumer residing in another EU country. Complaints can be submitted here. When submitting a complaint, you must provide our email address: ks@apodan.dk.
