PROVARGO A/S TERMS AND CONDITIONS OF SALE AND DELIVERY
Unless otherwise expressly agreed with Provargo A/S, the following stated terms and conditions of sale and delivery apply as the terms and conditions for all agreements and deliveries from Provargo A/S, irrespective of any conflicting or diverging conditions in the buyer’s order or acceptance.
1:00 Quote, order and acceptance.
1:01 The buyer’s order and reservation are only binding on Provargo A/S when the buyer has received written confirmation from Provargo A/S. Any buyer’s possible objections to the contents of the order confirmation must be in writing and be received by Provargo A/S no later than the day after the buyer receives the order confirmation.
1:02 Quotes from Provargo A/S without a special deadline lapse if unqualified accept is not received by Provargo A/S within 14 days from the date of the quote.
2:00 Provargo A/S’ services.
2:01 Provargo A/S’ service only covers the specified parts in the written order confirmation, and on the following conditions, Provargo A/S is obligated to deliver a product of usual good quality in terms of material and workmanship.
2:02 The buyer is obligated to strictly abide by the technical specifications and guidelines prescribed by Provargo A/S. The buyer must respect Provargo A/S’ and any third parties’ intellectual property rights to the goods and services sold. Data that can be related to Provargo A/S’ customer must only be passed on by Provargo A/S anonymously and with regards to being included in statistical figures.
3:01 Unless otherwise expressly agreed, delivery is ex-stock at Provargo A/S’ address. Provargo A/S chooses the type of delivery if the buyer wants the goods transported and is not responsible for goods lost in transit, including shipping by regular post. The buyer pays all costs associated with delivery, and for delivery with a fitter, DKK 5.45 per kilometre is charged from and to Provargo A/S’ address.
4:00 Delivery time. Delay.
4:01 Unless otherwise agreed, delivery times are indicative and calculated from the time Provargo A/S is in possession of all the information to use for Provargo A/S’ fulfilment of the delivery. Delivery times may be subject to delay due to strike, lockout, war, fire, stoppages, transport obstacles, defects or delays in deliveries from suppliers or other causes beyond Provargo A/S’ control, regardless of whether these occur at Provargo A/S or from Provargo A/S’ suppliers or others that are involved in the delivery. Delivery times will, where appropriate, be postponed by one to the duration of the obstacle’s corresponding number of days.
4:02 Provargo A/S shall not be liable for damages as a result of delays in delivery, and the buyer cannot cancel the purchase due to a delay.
5:01 Provargo A/S is obligated to remedy any deficiencies in services provided, which are due to defects in material and/or manufacturing if the buyer without delay has complained and no later than one year after the date of delivery.
5:02 Defects caused by unauthorised changes or tampering, improper storage, improper maintenance, incorrect installation, improper use, including use contrary to Provargo A/S’ manuals and technical specifications, normal wear and tear is of no concern to Provargo A/S.
5:03 Remedy is in the form of new parts to replace parts shown to be defective in material and/or workmanship. However, remedying defects can also be done by repair, and in this case, labour or other ancillary services are not included in Provargo A/S’ obligations.
5:04 Besides the duty to remedy defects set out in this paragraph, Provargo A/S assumes no responsibility for the service provided, however, see section 5:05, which is why if the case should arise, the buyer cannot cancel the purchase or demand a proportionate reduction, replacement or to withhold the purchase price, wholly or partly, as a result of defects.
5:05 Provargo A/S’ liability for damages as a result of the services provided being defective, are in any event limited to the value of the goods including transport costs and Provargo A/S is in particular not liable for operating loss, loss of profits or other indirect losses.
5:06 In the event that Provargo A/S might be imposed liability for damages arising from the buyer’s use of the service provided, including resale, which goes beyond Provargo A/S’ liability under the present conditions, the buyer is obligated to indemnify Provargo A/S of this liability, and the buyer is obligated to refer the matter to the same court that hears the claim against Provargo A/S.
6:00 Duty to give notice of defects & duty of inspection.
6:01 The buyer is obligated to conduct a thorough inspection of the deliveries immediately upon receipt, and any visible defects or deficiencies must be reported in writing to Provargo A/S immediately.
6:02 Complaints must include a statement of the deficiencies and characteristics of the errors that Provargo A/S or Provargo A/S’ staff are guilty of.
6:03 If the buyer fails to meet these complaint rules, the buyer is precluded from any remedy for breach of contract, including a proportionate reduction of the purchase price. If, after Provargo A/S’ testing of a product where there has been a complaint, the product proves not to be defective, the buyer must pay all the testing and transport costs, including testing time at DKK 300 per commenced half hour.
7:00 Product liability.
7:01 Provargo A/S is liable for personal injury in accordance with the law on this. Provargo A/S is only liable for damages that the delivered product causes to other objects if it is proved that the damage was caused by errors committed by intent or gross negligence from Provargo A/S’ side. Provargo A/S’ liability for damages for product liability cannot exceed compensation of DKK 100,000 including interest and costs. Provargo A/S is not liable for indirect damages and losses such as operating loss and loss of profit.
7:02 In the event that Provargo A/S might be imposed liability for damages by third parties as a result of the use of what the item mentioned can do, which the buyer does with the service provided, including resale, that goes beyond Provargo A/S’ liability under this provision, the buyer is obligated to indemnify Provargo A/S of this liability, and the buyer is obligated to refer the matter to the same court that hears the claim against Provargo A/S.
8:01 Unless otherwise expressly agreed, prices are ex-factory, including packaging and excluding VAT and taxes. Prices are listed in Danish kroner or euro. Provargo A/S charges a card fee for all transactions made through the online shop, corresponding to NETS’ list prices.
8:02 Note! An administration fee of DKK x per invoice will be charged for purchases below DKK x.
9:00 Terms of Payment.
9:01 Unless otherwise expressly agreed, payment shall be net cash on delivery. If payment is not on time, or agreed credit is granted, Provargo A/S is entitled to charge interest on the amount due at 2% per commenced month, as well as a DKK 100 reminder fee per reminder sent.
9.02 If, after 3 months, the buyer has not paid the amount due, Provargo A/S is entitled to terminate the agreement by written notice to the buyer and in addition to default interest, claim compensation from the buyer for the loss that Provargo A/S has suffered.
10:00 Retention of ownership.
10:01 Delivered items remain the property of Provargo A/S until payment is made in full.
11:00 Venue and applicable law.
11:01 Any dispute between the parties derived from deliveries under these terms and conditions of sale and delivery shall be settled by the Copenhagen City Court in the first instance and governed by Danish law.
12:01 Subject to misprints and price changes in the information, brochures and also other promotional materials, and claims cannot be made against Provargo A/S in connection with any misprint and price change.
13:00 Transfer of rights and obligations.
13:01 Provargo A/S is entitled to transfer all rights and obligations under the Agreement to a third party
Subject to misprints and changes.
17.08.2016 Provargo A/S