General sales- and delivery terms
TS TECH A/S
The sales and delivery terms applies to all deliveries, all repair work and sales, unless they are altered trough explicit agreement between TS TECH AS and the customer.
- Offers and agreements
All offers made by TS TECH AS are binding for one month from the date of the offer, unless other is mentioned in the offer.
All prices are in DKK/Euro excl. Vat and the customer is to accept changes in price, due to taxes, changes in exchange rates, change in raw material prices, or otherwise in the period between the offer and the date of payment.
All prices are added a fee, which TS TECH AS calls an environmental fee. The fee is calculated as 1 % of the total invoice before tax but a minimum of DKK 50 (6,7 EUR). The fee covers: Environmental tax and fees charged by vendors of TS TECH AS. In addition, a supplement of 2.5% of the hourly wage is charged. This supplement covers the following: Various consumables.
Packaging-, energy-, state-, oil- and transportation tax are also covered. Fee for changing pallets, expedition, establishment postage costs due to invoicing.
All products handed in for repairment, is to be picked up by the customer at TS TECH AS, unless another agreement has been made between TS TECH AS and the customer.
All costs due to postage of goods to the customer will be charged the customer unless another agreement has been made between TS TECH AS and the customer. Modifications to the agreed delivery time at the request of the buyer, TS TECH AS reserves the right to change the prices.
Unless other has been agreed upon, payment is due within 7 days from invoice date. The terms of payment will always be on the invoice.
If the customer do not pay as to the terms of payment, TS TECH AS can charge the customer 2 % of the invoice in interest per month, and add a reminder fee of DKK 100 (13,4 EUR)
If the customer still do not pay after the reminder is send, TS TECH AS can choose to send a formal reminder with a 10 days notice, and hereafter it can be send to legal agency to be collected.
TS TECH AS are always entitled to demand a safety for the purchasing price, if this is considered necessary.
In larger projects, TS TECH AS will request:
20 % at ordering
50 % after 40 days
30 % after completion
- Retention of title
Sold items are property of TS TECH AS, until payment of the entire order.
- Delivery time and delays
TS TECH AS is not responsible for delays due to missing delivery from suppliers, shortage on goods, disease etc. In case of this, the delivery time will be changed, to the extend it seems reasonable.
TS TECH AS are not liable for losses of any kind at the customer as a result of delays.
When receiving goods, the customer is obligated to investigate the purchased goods for defects, and immediately hereafter inform TS TECH AS, but no later than 8 days after delivery.
The customer is entitled to complain of products with defects due to construction or material up to 12 month after buying, unless the customer has a 24 hour production run, then this is reduced to 6 months.
In part deliveries/part repairments it is only the delivered/repaired item which is covered by the right to complain.
TS TECH AS is not responsible for any kind of financial losses at the customer or third party due to error on the purchased.
TS TECH AS is entitled to correct the error within a reasonable time, and in case this cant be done, TS TECH AS is entitled to offer a proportional reduction in price without further claims from the customer.
- Complaints and return of goods:
Claims due to goods with error, are to be made in writing. If this is not done, the customers rights in section 8 is lost.
Returning goods can only be done after agreement between the customer and TS TECH AS, and the customer may be charged a refund fee.
- Product responsibility:
TS TECH AS are only liable in the case mandatory rules of law defines this.
TS TECH AS product responsibility is never to exceed the amount in the TS TECH AS liability insurance incl. interest and costs per damage.
The customer is to hold TS TECH AS harmless in the extend TS TEH AS will be claimed responsible to third party, for the damage and loss which TS TECH AS is not responsible in -due to part two and three.
TS TECH AS is not responsible to damage caused by the material at:
- a) Real estate or items which occurs while the goods are in the hands of customer
- b) On items manufactured by customer, or on products where such components occur, or on damages on real estate or items, which these products as a course of equipment forsakes.
TS TECH AS is not responsible for any financial losses, occurred at the customer due to defects in items sold by TS TECH AS.
If third party is making claims for product liability against a TS TECH AS customer, then the customer must immediately inform TS TECH AS.
The customer is obligated to be sued by the same jurisdiction and applicable law as TS TECH AS.
- Force majeure:
TS TECH AS is not liable in any way for part or full delays due to force majeure, including war, rebellion, strikes, export/import ban, seizures, lack of items etc. TS TECH AS is required to inform the customer in writing if such incidents occur.
- Disputes and applicable law:
International sales law no. 733 of 7 December 1988 shall not apply between the parties.
The choice is Danish law. Conditions range in this regard prior to the mandatory provisions of Danish law, including but not limited to the Danish sale of goods act (Dansk købelov) Any dispute between the parties shall be settled by Danish courts, the court of Esbjerg as
chosen venue in the first instance.