Terms and conditions of sale and delivery

For products from:
Flexmatic ApS
Industrivej 15, Ørum
DK-8830 Tjele
(Hereinafter “the Company”)

Download a PDF of our terms and conditions of sale and delivery

 

1. All deliveries from the company are made on the basis of these general terms and conditions of sale and delivery.
2. Quotes are valid for 30 days from the date of the quote unless otherwise stated, and a final agreement is only entered into when the customer has received a written order confirmation.
3. Prices are in Danish kroner (DDK). Reservations are made for external price increases, including elevated commodity prices.
4. Unless otherwise agreed in writing, delivery is ex works.
5. Unless otherwise agreed in writing, payment shall be made within 14 days of the invoice date.  
   The buyer is not entitled to deduct or withhold any part of the purchase price due to counterclaims unless this is acknowledged by the company in writing.
6. Products for sale remain the property of the seller until payment is made in full, including interest, costs, etc.
7. It is the responsibility of the buyer to carry out a thorough inspection of whether the delivery is contractual, on receipt of the product at the latest. If there are defects within the delivered product, a complaint must be made in writing and must reach the company no later than 14 days after delivery.
   If there is no timely complaint, this invalidates the buyer’s power to remedy.
8. If the product is defective due to circumstances for which the company is responsible, the company has the right to choose whether to take remedial action or to make a redelivery. The company’s liability is expressly limited to this obligation to remedy or redeliver, and the buyer does not have any remedy for breach of contract beyond this. The company is not responsible for any loss of profits or any other indirect loss, regardless of whether the loss is attributable to delays or defects including product liability.
9. The following applies to product liability. The company is liable for personal injury under the rules of the Act on Product Liability. The company is not liable for damage to real estate and personal property that occurs before the product is in the buyer’s possession. The company is not liable for damage to products manufactured by the buyer or to products of which they form a part. If, due to error or negligence, the company is liable for other property damage, its total liability cannot exceed 
   DKK 500,000. To the extent that the company incurs liability to third parties, the buyer is obligated to indemnify the company to the same extent as the company’s liability is limited by these terms and conditions of sale and delivery. If a third party makes a product liability claim against the company, the buyer shall be obligated to allow a suit to be filed against them at the court handling the claim against the company.
10. The company is free from liability for failure or delay in the performance of the contract due to force majeure, such as war, riots, civil unrest, government intervention or public authority intervention, fire, strike, lockout, export and/or import ban, lack of or inadequate supplies from subcontractors, labour, fuel, power, or another cause beyond the control of the company and which may delay or impede the delivery of 
    the sold items. If timely delivery is prevented temporarily by one or more of the above circumstances, delivery will be postponed for a period equal to
    the duration of the impediment, with the addition of a reasonable period of time to normalise the situation. Delivery on the postponed delivery date is considered timely in every respect.
11. All disputes between the parties in connection with the contract and everything connected to it shall be decided by the ordinary courts of Denmark, and Danish law applies.