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These Terms of Sale and Delivery apply to all offers, orders and deliveries to the extent that they have not been deviated from by other written agreement between the parties.
Delivery takes place Ex Works Sterke A/S Incoterms 2020, unless otherwise agreed.
The following general terms of delivery shall apply, unless deviated from in these “Terms of Sale and Delivery”, however, in such a way that these Terms of Sale and Delivery shall take precedence:
Regarding defects, it is hereby clarified that any shipment for repair or replacement must take place at the buyer’s expense and risk. Furthermore, it is clarified that intervention in anything other than the delivered product is not included in any defect rectification.
In connection with the rectification of defects, the buyer must ensure that the product supplied by Sterke A/S must be accessible. Any costs associated with making the product supplied by Sterke A/S accessible for rectification shall be of no concern to Sterke A/S. Sterke A/S may refuse to repair the product if it is not freely accessible.
Sterke A/S’s warranty is 12 months from delivery of new products.
Warranty is only granted in connection with repairs when agreed in writing.
Sterke A/S shall to the best of its ability advise the buyer with regard to the choice of products, however, such technical advice or assistance provided shall not impose any liability or obligations on Sterke A/S.
If the buyer cannot be credit approved by Sterke A/S, Sterke A/S reserves the right to demand payment security in the form of a bank guarantee or payment on account in advance.
In the event of non-payment or late payment, Sterke A/S reserves the right to cancel the contract, stop work or postpone the delivery at Sterke A/S’ discretion.
Any intellectual property rights to the services provided by Sterke A/S shall without any other agreement belong to Sterke A/S.
The liability for damages that Sterke A/S may be ordered to pay is limited to the order sum, however, max. DKK 5,000,000 in each individual case of damage. A number of accidents that can be traced back to the same fault shall be regarded as a single case of damage in this context.
Sterke A/S shall under no circumstances be liable for operating losses, loss of time, loss of profit or other indirect losses (consequential damage), regardless of whether defects/damage may be due to gross negligence, just as Sterke A/S shall not be liable for costs associated with the dismantling of other objects in connection with the rectification of defects.
Sterke A/S reserves the right of ownership of the goods sold (retention of title) until payment has been made in full, including any interests and costs.
Reservations are made for intermediate sales, price increases from subcontractors and for changes in taxes, customs duties, exchange rates and raw material prices.
If delivery, installation, commissioning and/or handover is delayed due to circumstances beyond Sterke A/S’s control, Sterke A/S reserves the right to full payment max. 60 days from order.
Validity of the offer
20 days from dispatch.
Any disputes between Sterke A/S and the buyer, including on the content or interpretation of the contract, shall be settled in accordance with Danish law and the agreed venue is the Civil Court in Aalborg.
Sterke A/S | Langerak 8 | DK-9220 Aalborg Ø | +45 98 38 18 44 | [email protected] | www.sterke.dk | VAT No: DK 33 16 36 65
