Terms of sale

Any agreed delivery clauses shall be interpreted in accordance with the Incoterms in force at the time the agreement is concluded. In the absence of a specific agreement on a delivery clause, delivery shall be deemed to have taken place "ex works".

Transport insurance is taken out by the buyer, unless otherwise agreed. The buyer undertakes to keep the goods insured in all other respects.

If the seller finds that he cannot meet the agreed delivery time or that a delay on his part is likely, he must notify the buyer in writing without undue delay, stating the reason for the delay and, if possible, the time when delivery can be expected. If the delay in delivery is due to any of the circumstances referred to in § 9 (force majeure) or to acts or omissions of the Buyer, the time for delivery shall be extended to the extent deemed reasonable in the circumstances. This provision shall apply irrespective of whether the cause of the delay occurs before or after the expiry of the agreed delivery period. The buyer may not withdraw from the contract on account of a delay in delivery attributable to the seller, unless the delay exceeds 3 months. The buyer cannot claim damages due to the seller's delay.

If the Buyer learns that he will not be able to receive the goods on the agreed day or that a delay on his part is likely, he must immediately notify the Seller in writing, stating the reason for the delay and, as far as possible, the time when receipt can be expected. Notwithstanding that the buyer fails to take delivery of the goods at the agreed time, he shall be obliged to make any payment conditional on delivery as if delivery of the goods in question had taken place. The seller shall ensure that the goods are stored at the buyer's expense and risk. At the buyer's request, the seller shall insure the goods at the buyer's expense. The seller is entitled to invite the buyer in writing to take delivery of the goods within a period of 15 days. If the buyer fails to do so within the time limit for reasons for which the seller is not responsible, the seller shall be entitled by notice in writing to the buyer to cancel the contract in respect of that part of the goods ready for delivery which has not been received because of the buyer's delay. The seller shall then be entitled to compensation for the damage caused to him by the buyer's default.

Unless otherwise agreed, the purchase price is payable in cash when the goods are ordered. If the buyer fails to pay on time, the seller is entitled to charge interest on arrears at a rate of 1.5% per month or part thereof from the due date. If the buyer wishes to return goods, this can only be done after prior agreement with the seller. Returns must be made carriage paid. In case of default, the buyer (debtor) is obliged to pay all costs of debt recovery, including fees and salaries to lawyers, debt collection agencies, etc.

The seller retains ownership of the goods sold until payment has been made in full. However, in the case of a sale to Germany, the reservation of title set out in the attached addendum to the contract shall apply mrk. D98.

The Seller commits to remedy any defect due to faulty design, materials or workmanship by repairing or redelivering the goods in accordance with the points set out below and on the basis of the Seller's technical description of the goods and the tolerances described therein, and the Seller shall not be liable for any damages arising from defects. For wood, minor knots and differences in colour and texture shall not be considered as defects. For leather, growth marks shall not be considered as defects but as a sign of authenticity. The seller's liability covers only those defects that appear within 1 year from the day the goods were delivered to the buyer. If the buyer discovers any defects, the buyer must immediately notify the seller in writing.

The seller is only liable for damage caused by the product on property if it is proven that the damage was caused by the fault or negligence of the seller or his employees. In no event shall the Seller be liable for loss of business, loss of profits or other consequential economic loss. To the extent that the Seller may be held liable for the Product to third parties, the Buyer shall be obliged to indemnify the Seller to the same extent as the Seller's liability is limited under the preceding paragraphs. If a third party makes a claim for damages against the buyer on account of a product defect, the buyer shall immediately notify the seller thereof.

The following circumstances on the part of the seller shall give rise to a discharge if they prevent performance of the contract or make performance unreasonably burdensome. Industrial disputes and any other circumstances beyond the control of the seller, such as fire, war, mobilisation or foreseeable military conscription of a similar extent, requisition, seizure, currency restrictions, riots and civil commotions, shortage of means of transport, unless such shortage could have been foreseen by the seller, general shortage of goods and shortage or delay in deliveries by subcontractors caused by any of the circumstances mentioned in this paragraph. Circumstances as mentioned above which occurred before the conclusion of the contract shall only give rise to a discharge from liability if their influence on the performance of the contract could not have been foreseen by the seller at the time of the contract. If the seller wishes to invoke any exemption from liability as referred to in this paragraph, it shall be incumbent on him to inform the buyer of this reason in writing without undue delay. Notwithstanding anything else contained in these terms and conditions of sale and delivery, either party may terminate the agreement by notice in writing to the other party if the performance of the agreement is prevented for more than 6 months by an event as referred to in this Article.

All disputes relating to this contract shall be governed by Danish law. All legal proceedings shall be brought before the place of jurisdiction of the seller or the buyer, at the seller's choice.