industrial-springs.com 
Sale and delivery terms and conditions B2B, Business
| SALE AND DELIVERY TERMS AND CONDITIONS – B2B – Version March 2017 | |
| Sale and delivery terms and conditions B2B, Business. Applicable to all transactions between the customer and SODEMANN INDUSTRIFJEDRE A/S |
1. |
Scope |
| a: | These sales and delivery terms apply to both ordinary purchase of items directly from SODEMANN INDUSTRIFJEDRE A/S and to purchase of items from SODEMANN INDUSTRIFJEDRE A/S’ online shop. |
2. |
Prices and payment terms |
| a: | Prices of items and quantity discounts are displayed in the online shop. For any items not displaying prices and quantity discounts, the information may be obtained on request. |
| b: | For grouped orders with delivery over several occasions, prices, quantity discounts and freight are calculated on the basis of each individual delivery rather than for the total order. Open orders not yet delivered, or delivered orders, can only be changed on written agreement from SODEMANN INDUSTRIFJEDRE A/S. If changes are made to ordered quantities in open or delivered orders, the rate of discount will also change; for that reason the unit price will always reflect the current price list and invoices will be issued accordingly . |
| c: | Minimum invoice value: In our online shop the minimum invoice value for items excludes carriage costs and VAT. The applicable minimum invoice value for the online shop will appear before an order is approved. For telephone orders/e-mail orders/main orders/fax orders/visits and so on, the minimum invoice value for items excluding carriage costs is DKK 250.00 excluding VAT. |
| d: | Prices do not include VAT or carriage costs. |
| e: | Payment terms are 14 days from the invoice date unless otherwise agreed. |
| f: | Payment may be made by credit card on the online shop or by bank transfer to: Jyske Bank account no. 5075 110928-6 IBAN: DK0450750001109286 SWIFT: JYBADKKK We do not accept cheques. |
| g: | After the due date, interest is added at a rate of 1,5% per month commenced. |
| h: | Reminders sent out in the event of late payment will incur a charge of DKK 100.00 per reminder. |
3. |
Retention of title |
| a: | SODEMANN INDUSTRIFJEDRE A/S retains full ownership of the delivered items until full payment has been made, including any interest that has accrued. SODEMANN INDUSTRIFJEDRE A/S’s right of ownership applies to all items where the purchase price (including any completed payment) exceeds DKK 2,000.00. |
4. |
Limitations of liability |
| a: | Any offer for sale is subject to prior sale, and no liability can be accepted for temporarily sold-out items, printing errors, technical failures in connection with use of SODEMANN INDUSTRIFJEDRE A/S’ website, inadequate order processing as a consequence of this, and so on. SODEMANN INDUSTRIFJEDRE A/S cannot be held responsible for any such circumstances. |
| b: | The technical values provided in the catalogue and on SODEMANN INDUSTRIFJEDRE A/S’ website concerning, for example, dimensions, travel, stroke lengths and forces are average values for guidance only. SODEMANN INDUSTRIFJEDRE A/S cannot be held responsible for any deviations from these average values. Text and technical information provided on the website is changed regularly, so it may differ from information provided previously in, for example, the catalogue. |
| c: | In the event of actual defects or product damage, SODEMANN INDUSTRIFJEDRE A/S is only responsible if it can be proven that the defect or damage is due to error or negligence on the part of SODEMANN INDUSTRIFJEDRE A/S. Unless otherwise stated in unalterable rules of law, SODEMANN INDUSTRIFJEDRE A/S is not liable for loss of profits, loss of time, markups or other indirect losses suffered as a result of the aforementioned deficiencies and product damage. |
| d: | SODEMANN INDUSTRIFJEDRE A/S’s liability for damages can in addition total a sum no higher than the invoice sum for the delivery in question. |
| e: | SODEMANN INDUSTRIFJEDRE A/S cannot be held responsible for damage resulting from the overloading of delivered items, incorrect use of items, or any acid brittleness resulting from electrolytic surface treatment. |
| f: | SODEMANN INDUSTRIFJEDRE A/S is also free of responsibility in the event of force majeure. |
| g: | SODEMANN INDUSTRIFJEDRE A/S is pleased to provide advice and help with calculations. If special demands are to be made of an item or its use, this must be specified in writing no later than at the point of ordering. SODEMANN INDUSTRIFJEDRE A/S can never be held responsible for advice and calculations, because SODEMANN INDUSTRIFJEDRE A/S cannot be considered to be conversant with assemblies, installation, weights, etc. The customer is wholly responsible for ordering and using the purchased items. It is always the responsibility of the customer to carry out an adequate quality check of all delivered goods immediately upon receipt and before items are stored, fitted, passed on or otherwise used. |
| h: | SODEMANN INDUSTRIFJEDRE A/S can only be subject to product liability where this is demanded by applicable legislation, including the Danish Products Liability Act. |
5. |
Delivery, including over-supply and under-supply |
| a: | In transactions concerning custom-made springs, SODEMANN INDUSTRIFJEDRE A/S reserves the right to over- or under-supply up to 10% of the quantity ordered. |
| b: | Over- and under-supply will be matched by a corresponding adjustment of the invoice sum. |
| c: | Everything is supplied EXW – EX Works – unless otherwise agreed in writing. |
6. |
Complaints |
| a: | Any complaints regarding defects must be made in writing within 8 days of delivery. The right to complain covers product faults and defects that were present at the time of delivery. |
| b: | SODEMANN INDUSTRIFJEDRE A/S, apart from what is stated above, accepts no liability for defects, and the customer can therefore not invoke any other remedies for breach of contract other than that stated above. SODEMANN INDUSTRIFJEDRE A/S is therefore not liable under any circumstances for products that have been damaged in connection with fitting, use, load, general use and environment, if such circumstances affect the service life and durability of the products. As these types of effect are beyond the control of SODEMANN INDUSTRIFJEDRE A/S, it is not possible to guarantee the quality or properties of the product other than as outlined in the right to complain above. |
7. |
Returning items |
| a: | It should be noted that all our products may be damaged with use or stress, and are therefore not suitable for resale if the product has been used in any way. For the same reason, products are supplied in a sealed transparent plastic bag. If you wish to cancel, under the conditions stated in point 7.b, the transparent plastic bag must not be opened if the resale value of the product is to be maintained, as SODEMANN INDUSTRIFJEDRE A/S is otherwise entitled to refuse the returned items. |
| b: | SODEMANN INDUSTRIFJEDRE A/S will not accept returned items without special prior agreement. In connection with such an agreement, SODEMANN INDUSTRIFJEDRE A/S will provide the customer with a return number. This return number must be included on the package or on the accompanying documentation when the goods are returned. A return agreement expires 1 week after the date the agreement was entered into. If the package or the accompanying documentation does not have a return number, the returned item may be refused, and no credit note will be issued. The customer pays the costs associated with the return. The items must be returned in suitably sturdy packaging. If the items suffer damage due to poor or inadequate packaging, the customer bears all liability. If the seal of the package is broken, the items cannot be returned. |
| c: | Due to costs associated with quality control and so on, a maximum of 50% of the invoice sum will be credited when items are returned. |
8. |
Applicable law and venue |
| a: | Any dispute between the customer and SODEMANN INDUSTRIFJEDRE A/S shall be settled according to Danish law, with the exception of any rules concerning the choice of applicable law, which may cause the handling of a dispute to be transferred to another country and the law of another country. The venue is the court in Aarhus, Denmark. |