CONDITIONS OF TRADE AND DELIVERY
Effective from 01-01-2018
1. In general
a. As applied to “Conditions of Trade and Delivery” the company LLP Vemmelev ApS” is hereby designated by its full name: LLP Vemmelev ApS.
b. The recipient of the company’s deliveries, products and services are hereby designated as the purchaser.
c. All the hereby conditions of trade and delivery is binding for all deliveries, products and services from LLP Vemmelev ApS to a purchaser, unless otherwise agreed.
a. All quotations and confirmation of orders are according to current prices excl. VAT.
b. All prices are current factory prices unless there is a written agreement stating otherwise.
c. Prices are excl. packaging unless there is a written agreement stating otherwise.
3.Conditions of payment
a. According to written agreement.
b. If the customer fails to pay a receipt on time for products, spares or other relevant services then LLP Vemmelev ApS retains the right to charge 2% in interest monthly. In addition, a charge of 200 DKK will be added for each reminder necessary.
c. At no time has the purchaser the right to deduct any possible counterclaim against LLP Vemmelev ApS, unless there exists written confirmation from LLP Vemmelev ApS. Therefore the purchaser has no right to retain any portion of the purchase price because of a counterclaim of any kind.
4. Quotations and Confirmation of Orders
a. If LLP Vemmelev ApS has issued a quotation which does not include a written deadline of acceptance then the quotation will cease to be valid 4 weeks after date of issue.
b. Only orders for which the purchaser has received written confirmation are binding for LLP Vemmelev ApS.
c. In the event of any agreement on any alteration of the original order then LLP Vemmelev ApS will not be bound by the said agreement unless LLP Vemmelev ApS has previously issued written confirmation.
d. Quotations and confirmation of orders are made with the provision that permission for export and import be attained, unless otherwise agreed upon and confirmed by LLP Vemmelev ApS.
5. Returned wares
a. Returned wares will only be accepted in accordance with a previous agreement in writing. Return of packaging will not accepted unless in the form of europallets or frames.
6. Consignments, Delivery and Insurance
a. All deliveries and consignments take place from the factory, unless otherwise agreed upon.
b. LLP Vemmelev ApS will decide upon the manner of consignment in the event of LLP Vemmelev ApS having the responsibility for transportation.
c. The keeping and storage of products are at the purchaser’s risk. The purchaser must store the delivered products in a suitable way and protect items from damage. The purchaser is obliged to insure the delivered wares against storm, fire and water damages for the purchase price from the time of delivery and until the purchase price has been paid.
d. Provided that wares are sent return to LLP Vemmelev ApS for the purpose of exchanging or repairs, then the purchased items must be sent to LLP Vemmelev ApS in their original packaging and at the purchaser’s risk. Inasmuch as transport charges etc. are incurred by LLP Vemmelev ApS then LLP Vemmelev ApS have the right to claim a refund from the purchaser. These costs will be deducted from the purchaser’s possible claim against LLP Vemmelev ApS. After completion of repairs or the exchanging of products the purchaser is obliged to fetch the exchanged or repaired wares at own cost and risk from LLP Vemmelev ApS.
e. Delivery times are determined by LLP Vemmelev ApS according to their best estimates and will be evident on the order of confirmation. Unless expressly stated will delays of 14 days because of unforeseen conditions not empower the purchaser to make any claim against LLP Vemmelev ApS.
f. Delivery times are stated with the proviso that LLP Vemmelev ApS cannot be held responsible for delays owing to circumstances such as strikes, lockouts, force majeure or delays in deliverances from our subcontractors.
g. In the event of the overrunning of delivery dates which are not caused by neglect by LLP Vemmelev ApS the purchaser will not be empowered to cancel the contract; in addition the purchaser will be obliged to fulfil the conditions of payment.
h. LLP Vemmelev ApS are in no way responsible for the loss of profits, earnings or other indirect losses due to possible delays in delivery. If the purchaser is not able to receive the delivery at the agreed time then LLP Vemmelev ApS will store ordered items at the purchaser’s cost and risk.
7. Complaints and Defects
a. The purchaser is obliged to examine all receipts, products, or other relevant services upon delivery. Should the customer find defects or other deficiencies then the purchaser must inform LLP Vemmelev ApS in writing. If the purchaser fails to inform LLP Vemmelev ApS in writing of any defects or deficiences which the purchaser has found, or should have found, then LLP Vemmelev ApS will not be held responsible.
b. Until one year after deliverance LLP Vemmelev ApS will repair, exchange or credit costs incurred, to the best of their ability, should there be ascertained any defects in materials, construction or the production process, also if the product proves to be unusable owing to defects in construction. Costs incurred by LLP Vemmelev ApS cannot, however, exceed the original price for the product agreed upon. LLP Vemmelev ApS will not be held responsible for costs incurred owing to the removal and installation of products as well as any extra costs owing to transport.
c. The above mentioned obligations are not effective, should any defects be the result of natural wear and tear or incorrect use or operation; in addition the incorrect installation and assembly of products not executed by LLP Vemmelev ApS will exclude any form of compensation.
d. Responsibility for any compensation given by LLP Vemmelev ApS is limited to the service agreed upon and does not include the product itself.
e. LLP Vemmelev ApS are in no way responsible for any defects owing to defect materials or constructions used or designed by the purchaser.
f. Should products delivered by LLP Vemmelev ApS be modified in any way without the company’s permission, then no claims can be made against LLP Vemmelev ApS. Furthermore, LLP Vemmelev ApS are hereby released from any other further commitments or obligations.
g. Incorrect usage or unnatural wear and tear as well as incorrect installation which is not executed by LLP Vemmelev ApS precludes any possibility of compensation by LLP Vemmelev ApS.
h. Collateral damage, including economic losses as a result of harmful attributes will not elicit any form of compensation, and this applies whether or not the damages are owing to carelessness on the part of LLP Vemmelev ApS or their employees.
8. Responsibility for Products
a. In no way are LLP Vemmelev ApS responsible for any losses concerned with the running of a company, losses of profit or other indirect losses.
9. Complaints and refunds
a. Complaints must be made immediately after possible defects or missing components are discovered. Written complaints must describe exactly which defects the purchaser invokes; in addition they must be made two weeks at the latest after the one year deadline mentioned in § 7 b.
a. LLP Vemmelev ApS are the rightful owners of the delivered product until the purchaser has paid the purchase sum in full. Only then will rightful ownership be transferred to the purchaser.
11. Jurisdiction Venues
a. Any disputes which may arise in connection with trade between parties will be dealt with under Danish law, initially by the court of civil law in Næstved, Denmark.