Terms and conditions

1. Scope

1.1 All deliveries from Danish Lighting (“Seller”) are made in accordance with these general terms of sale and delivery, unless otherwise agreed in writing.
1.2 When selling products, Seller's obligations to Buyer - regardless of these terms of sale and delivery - are limited to the rights that Seller obtains from its supplier.

Offer, order confirmation, etc.

2.1 Offers are submitted with an acceptance deadline of 8 days and subject to resale. Offers and documentation may not be transferred by the buyer to a third party. Buyer's order, acceptance, etc. is only binding on the Seller after submitting a written order confirmation.

3. Prices

3.1 Price calculation is based on the Seller's price list valid at the time of placing the order. Prices are stated excl. VAT, freight, etc., in Danish kroner (DKK) and subject to documented, significant changes in matters which relate to the agreed delivery and which the Seller does not have at his disposal, e.g. exchange rates, subcontractor prices, freight, customs duties, taxes and duties. Any cash discount is deducted from the amount excl. VAT.
3.2 Seller reserves the right to impose administrative fees in connection with orders below a certain amount or volume, unsuccessful driving, special packaging, unjustified complaints and other similar matters. The seller's price list for fees is available at www.danishlighting.dk
3.3 The seller may at any time and without prior notice change price lists for products, fees, return deductions, etc.

4. Return conditions

4.1 It is possible to return current items that have been purchased from the Seller. However, custom-made goods and procured goods are not returned. Packaging and shipping are at the buyer's expense and risk. Returns are made against a return deduction of at least 15% of the purchase price and otherwise on the terms set by the Seller for return.

5. Quality

5.1 Seller delivers an ordinary, good merchandise, unless another standard or quality designation has been agreed.

5.2 For all deliveries, the Seller reserves a margin of +/- 5% of the specified number of units.

5.3 Used lamps and spare parts are sold as possessed by the buyer and without responsibility for the Seller.

5.4 The seller is not responsible for whether the product is suitable for the purpose intended by the buyer.

5.5 Drawings and lighting calculations provided by the Seller are for guidance only and the Seller can therefore not be held responsible for damages or the like caused by these documents.

6. Product information and product changes

6.1 Information in product information and price lists is not binding on the Seller. Information in the buyer's project material, drawings, technical data and the like. is not binding on Seller unless agreed in writing.

6.2 Inquiries about the products' use, properties, etc. answered in an indicative, non-binding and general manner. The answers must be regarded as general guidance on the product and not specific advice on the product's suitability for the buyer's intended purpose.

6.3 Seller may change or set products and specifications without prior notice.

6.4 The seller in no case assumes project responsibility. Agreements that the Seller must assist in connection with advice, testing, support, project work, engineering, installation, assembly, start-up assistance, etc. is only an agreement that the Seller's employees make a professionally good effort, and the work is invoiced according to the Seller's employees' time consumption, regardless of whether the buyer's intended result, effect or effect has been achieved.

7. Delivery and delivery time

7.1 Delivery takes place (Ex Works) from the warehouse where the item is or is picked up from the Seller's supplier, unless another delivery clause has been agreed. Buyer's collection of the item is not possible, but shipping is purchased from Seller. Delivery takes place to the buyer's address, or the address indicated by the buyer and delivery is considered to have taken place by surrender to the carrier, regardless of whether he is an external carrier or the Seller's own cars, just as the buyer is responsible for delay and insurance during transport, unless another delivery clause is agreed. Delivery conditions only apply to landlocked islands in Denmark. If deliveries are associated with additional costs, it will be at the buyer's own expense. Seller may set special shipping conditions.

7.2 Timely delivery presupposes that the Seller has received all relevant information in a reasonable time in advance.

7.3 If the Seller does not deliver within an agreed delivery date, the Buyer is entitled to set a reasonable, deadline for delivery in writing. If the buyer intends to terminate the agreement if delivery does not take place before this deadline, the buyer must explicitly notify this. If delivery does not take place before this new deadline, the buyer can cancel the delayed part of the delivery.

7.4 If the buyer does not terminate the agreement, but gets the goods delivered, the buyer is not entitled to compensation or compensation in connection with the delay.

8. Packaging and shipping

8.1 The lamps are delivered in extra strong standard packaging. Euro pallets and box pallets, etc., which are invoiced separately to the Seller, are re-invoiced to the buyer.

8.2 Shipments per. car is on the Seller's side conditional on the unloading point being accessible by road. Buyer is responsible for immediate unloading. Possibly. waiting time is at the buyer's expense.

9. Duty to investigate and complaint

9.1 When the goods are received, the buyer must immediately carry out an appropriate thorough examination of the goods. If the delivery is insufficient or defective, the buyer must immediately complain to the Seller.

9.2 If the buyer later becomes aware of defects which, despite careful examination, could not be ascertained upon delivery, the buyer must immediately after the ascertainment of the matter complain to the Seller.

9.3 If the Buyer does not complain as prescribed above, the Buyer loses the right to make a claim against the Seller in connection with the defective relationship in question.

10. Liability for defects

10.1 If there is a justified and timely complaint, the Seller must rectify the defect by re-delivery or remedy at the Seller's choice. Remediation must be arranged without undue delay and must be completed within a reasonable time. Repair is generally done by exchanging the item at the Seller's expense with the exceptions listed below. Upon request, the Buyer must send the defective part or the entire product to the Seller for repair or replacement at the Seller, and the Buyer is responsible for arranging proper packaging and shipping. If the defective situation is rectified, the buyer has no further claims against the Seller on this occasion.

10.2 The Buyer shall bear additional costs which the Seller incurs in repairing defects as a result of the products being in a place other than the place of delivery. If necessary. disassembly and assembly involves intervention in other than the products, the work and the costs thereof are borne by the buyer.

10.2.a

Under no circumstances may the seller become financially responsible for delayed deliveries, defects in the product or other costs that delivery may have caused.

10.3 If the Buyer's complaint proves to be unjustified, and the Seller has made work or deliveries in connection with repair attempts or has paid for freight, the Seller has the right to invoice the work, deliveries and other expenses incurred to the Buyer.

10.4 If the Seller does not fulfill its repair obligations within a reasonable time, the Buyer is entitled to set a reasonable, final deadline for repair in writing. To the extent that repairs have not taken place before the expiry of this period, the Buyer may, at his own choice: a) have the necessary repairs carried out and / or have new parts manufactured at the Seller's expense and risk, provided that he does so in a reasonable and reasonable manner, clay b) require a proportionate rebate, but not more than 15% of the agreed purchase price. If the defect is significant, the buyer can instead cancel the defective part of the delivery.

10.5 Seller's liability for defects applies for 24 months from the delivery date. For re-delivered, replaced or repaired parts, the liability for defects applies for 24 months, from the date of the relevant re-delivery, replacement or repair, but never longer than 24 months from the original delivery date. Wear parts are deprived of the above paragraph.

10.6 Construction delivery clause: For products that the buyer resells in accordance with AB92 or ABT93, the complaint deadline is unchanged.

11. Discharge

11.1 The following circumstances give rise to liability if they prevent the Seller from fulfilling the agreement or make the fulfillment unreasonably burdensome for the Seller: labor dispute and any other circumstance beyond the control of the parties, such as fire, war, mobilization or military calls of a similar extent, requisition, seizure, currency restrictions, riots and unrest, lack of means of transport, general shortage of goods, restrictions on power, extraordinary intervention by the EU authorities and shortcomings or delays in deliveries by subcontractors due to the circumstances mentioned in this paragraph.

11.2 If force majeure occurs with the buyer, the buyer must cover the Seller's costs to secure and protect the products while force majeure is present.

11.3 If the fulfillment of the agreement is prevented for more than 6 months due to force majeure, the parties are entitled to cancel the unfulfilled part of the delivery free of charge.

12. Liability for property damage caused by the products (product liability)

12.1 The seller is only responsible for product liability, to the extent that such liability follows from mandatory legal provisions in the Product Liability Act, Act no. 261 of 20 March 2007 with any later changes. Seller is not liable for damage to property unless the item in question, by its nature, is usually intended for non-commercial use and is mainly used by injured parties accordingly. Seller is not responsible for damage to the defective product itself or other major products in which it may be incorporated.

12.2 The seller's liability is also limited as stipulated in pkt. 13 below.

12.3 If a third party makes a claim against one of the parties for product liability, that party shall immediately notify the other. The Buyer shall indemnify the Seller if the Seller is held liable for losses incurred by the Seller, cf. 12.1 and 12.2 are not liable to the buyer.

13. Limitation of Liability

13.1 Compensation is only provided for direct, documented losses. The seller is not liable for indirect losses, consequential damages and the like, including e.g. buyer's operating loss or lost profit. The limitation of liability does not apply if the Seller has shown gross negligence. Reference is made to other limitations of liability herein, which apply in addition to this section. 13.

14. Payment and retention of title

14.1 The purchase price is due for payment per. delivery time. Offsetting cannot take place if the counterclaim is disputed by the Seller. Complaints do not entitle the buyer to withhold payment for deliveries.

14.2 If the buyer does not pay on time, default interest accrues according to the applicable interest rate and fee legislation (currently 8% in interest and DKK 100 in collection fee).

14.3 The Seller may at its own discretion at any time demand that the Buyer pay in cash or provide security.

14.4 The Sold remains the Seller's property until the Seller has received full payment.

15. Venue

15.1 Any dispute between the parties in connection with the agreement and matters relating thereto shall be settled in accordance with Danish law without regard to conflict of law rules therein. The International Sale of Goods Act, Act No. 733 of 7 December 1988, and the United Nations Convention of 11 April 1980 on International Procurement Agreements (CISG) shall not apply. Disputes must be settled exclusively in the Danish courts before the court in the jurisdiction in which the Seller has the place of business which has made the delivery.