General conditions for sales and delivery of goods supplied by FreezeTeq ApS
Unless otherwise agreed in writing, FreezeTeq ApS – hereafter FreezeTeq, undertakes all deliveries subject to the following conditions, irrespective of any contradictory or other provisions in orders or order confirmations from the purchaser.
- Quotations and acceptance:
Verbal and written quotations from FreezeTeq are valid for a period of 8 days from the date of submission unless otherwise stated on the quotation. FreezeTeq may cancel a confirmed order if the purchaser has outstanding debts with FreezeTeq.
- FreezeTeq’s services:
According to a prior warning, FreezeTeq reserves the right to make sub-deliveries and to make over- and under-deliveries of +/-10% unless otherwise agreed at the time of purchase.
Deliveries are as standard made ex-factory and the purchaser, therefore, bears all subsequent risk of accidental damage to the goods. This applies irrespective of whether FreezeTeq is responsible under the agreement for the cost of transporting the goods. The purchaser is responsible for taking out any insurance to provide cover against damage to the goods after delivery.
Current list price. FreezeTeq reserves the right to alter prices for any reason and without prior notice. All prices exclude VAT.
As specified on the quotation, order confirmation and invoice. After the due date for payment, interest will be charged as specified on the quotation, order confirmation or invoice.
- Handling fee:
According to a prior warning, FreezeTeq can charge a handling fee for small deliveries.
- Delivery times:
Where possible, deliveries are made in accordance with the purchaser’s wishes. FreezeTeq does not undertake to meet precisely quoted delivery times. Delivery times are subject to the condition that no strike, lockout, fire or other force majeure prevents delivery at the agreed time and that the delivery is also not hindered by a delay in essential deliveries during manufacture. In the event of a delay, the purchaser may not invoke any authority due to a breach of contract. The purchaser is for example therefore not entitled to cancel a purchase or claim compensation or a proportional discount on the purchase sum.
If the goods are defective due to a material or manufacturing fault or negligence on the part of FreezeTeq, including negligence relating to advising regarding material selection and production form, FreezeTeq will pay compensation for a period of 12 months after delivery corresponding to the invoiced price of the goods or free of charge to deliver identical goods or part thereof or repair the goods or part thereof as decided by FreezeTeq.
FreezeTeq’s liability is expressly limited to the compensation or redelivery or repair referred to above and FreezeTeq may not be held liable for any direct or indirect damage or loss, including operating losses, commission losses or any other consequential financial losses.
FreezeTeq’s sales material specifies the purposes for which each product may be used. FreezeTeq can accept no liability if a product is used for other purposes or if a product is subjected to stresses, which are not referred to in the sales material.
FreezeTeq’s liability as referred to above is subject to the condition that any faults are notified immediately after discovery.
The purchaser is obliged to carry out a thorough investigation no later than on receipt of the gods in order to determine whether the goods are in accordance with the contract.
Any claims concerning goods must be made immediately and no later than 8 days after receipt of the goods. If a claim is submitted after this deadline, the purchaser may not hold FreezeTeq liable for the deficiency.
Goods may only be returned by prior agreement and within one month after the return agreement is reached.
- Cancellation of orders:
The purchaser must notify FreezeTeq in writing of its wish to cancel an order. FreezeTeq reserves the right to not accept cancellation once FreezeTeq has confirmed the order. Orders concerning goods, which FreezeTeq does not normally hold in stock, may not be canceled unless FreezeTeq’s supplier agrees to the cancellation.
- Return of goods
Stock goods may only be returned by prior agreement and with a copy of the delivery note. Only standard goods suitably packaged and in saleable condition, may be returned. Specially prepared goods may therefore not be returned. Goods may only be returned by prior agreement and within one month after the return agreement is reached. The purchaser will be credited with 70% of the invoiced value. Goods are returned at the purchaser’s expense and risk.
- Product liability:
FreezeTeq may only be held liable for personal injury if it is proven that the injury is due to an error or omission on the part of FreezeTeq or other parties for which FreezeTeq is responsible. Under no circumstances may compensation for personal injury exceed the maximum compensation payable in accordance with current Danish law.
FreezeTeq may not be held liable for any damage to real property or movables, which occurs whilst the sales object, is in the possession of the purchaser. FreezeTeq may also not be held liable for damage to products, which have been manufactured by the purchaser, or to products in which such products are used. In other respects, FreezeTeq may be held liable for damage to real property or movables subject to the same conditions as for personal injury. Under no circumstances may FreezeTeq’s total liability for each loss exceed DKK 1,000,000 including interest and costs. FreezeTeq may not be held liable for indirect damage or losses such as operating losses, commission losses, and other consequential financial losses.
To the extent that product liability with respect to a third party is invoked against FreezeTeq, the purchaser is obliged to indemnify FreezeTeq to the same extent that FreezeTeq’s liability is limited by the present sales and delivery conditions.
If a third party submits a claim for compensation against one of the parties under this point, this party must immediately inform the other party. FreezeTeq and the purchaser are mutually obliged to agree to take legal action through the court, which is handling a claim for compensation brought against one of them on the basis of a loss, which is alleged to have been caused by the sales object.
Ownership of the sales object shall remain with FreezeTeq until the entire purchase sum, including interest, costs, etc., have been paid in full.
- Legal venue:
Any disputes between the parties shall be resolved in accordance with Danish law by the Court in Næstved as first priority.