Terms and conditions...
Terms and conditions of sale and delivery for deliveries from Safereel.
The following conditions apply to all deliveries and orders, unless otherwise stated in an express written agreement. As a condition for all agreements and deliveries from Safereel, regardless of any contrary or deviating provisions in the order or acceptance made by the buyer.
1. Offer, Order and Acceptance.
The buyer's orders and orders of any kind are only binding for Safereel when the buyer has received a written order confirmation. Offers from Safereel that do not specify a specific acceptance period will lapse if the Buyer's agreement is not received by Safereel within four weeks from the date of the offer. Agreements on changes to or additions to the original agreement are not binding on Safereel without written confirmation from Safereel.
2. Safereels service.
Safereels service only includes what is stated in the invoice/order confirmation, and on the terms below, Safereel undertakes to deliver a product of the usual good quality in terms of material and workmanship.
3. Delivery.
Unless otherwise expressly agreed, delivery from stock takes place at Safereel, so that the buyer bears the risk of accidental events affecting the goods after delivery from stock.
4. Prices.
Unless otherwise expressly agreed, the price applies without stock, excluding transport, VAT and other taxes.
5. Payment Terms
Unless otherwise expressly agreed, payment must be made in accordance with the payment terms printed on the invoice. If payment is not made on time, interest on late payment is calculated at the rate of 2% per month.
6. Delay.
If delivery is not made on time, the buyer may immediately complain to Safereel if the delay causes him significant inconvenience. If the delay only concerns part of a delivery, the buyer can only cancel the purchase in respect of the delayed part with accessories. If the delay concerns goods that have been manufactured according to the buyer's instructions, or if the goods are of a nature that is not normally stocked by Safereel, the buyer can only cancel the purchase if the delay means that the buyer's purpose of the purchase will be materially flawed. If the delay is due to errors or negligence on the part of Safereel, and if the buyer has suffered an adequate and documented loss as a result, the buyer is entitled to compensation, cf. however, section 9. In addition, Safereel does not assume any responsibility for delays or consequences thereof, nor does the buyer have any other remedies in connection with the delay.
7. Creditor mora.
If, after the delivery time has occurred, the buyer fails to purchase the service, Safereel is, after having given written prior notice to repurchase the service, entitled to make a sale to a third party and use the incoming amount to write off the receivable.
8. Defects.
Safereel undertakes to remedy any documented defects in the service provided by Safereel which are due to defects in materials and/or manufacture, or to make a replacement, provided that the buyer has made a timely and appropriate complaint about this, in compliance with the provisions of clause 10 below, and before the expiry of a period of 12 months from the date from Safereels delivery to the buyer. The buyer is obliged to provide access to remediation at the agreed time.
9. Disclaimer.
In addition to what is stipulated in clause 8 regarding rectification or replacement, Safereel does not assume any liability for defects for the service provided, just as the buyer cannot cancel the purchase or demand a proportionate reduction or withholding of the purchase price, in whole or in part, as a result of deficiencies Safereels liability due to delay, cf. clause 6, cannot exceed an amount corresponding to 1% of the agreed payment for the delayed service for each full week, The delay has lasted and the compensation may amount to a maximum of 10% of the agreed payment. With regard to product liability, Safereel is only liable for the damage caused by the service provided if it is proven that the damage is due to errors committed by Safereel or its employees. However, Safereel is never liable for indirect damages and losses such as operating losses and lost profits. Safereels liability for damage caused to other objects and persons cannot exceed DKK 1.0 million including interest and costs per claim. If Safereel should be held liable for damages as a result of the use that the buyer may make of the service provided, including in the case of resale, which goes beyond Safereel liability pursuant to this provision, the buyer is obliged to release Safereel from this liability, and the buyer is also obliged to allow himself to be sued in the court, which handles the claim against Safereel.
10. Complaints and duty to investigate.
It is the responsibility of the buyer to carry out a thorough investigation of whether the service is in accordance with the purchase agreement no later than upon delivery of Safereel. The Buyer is obliged to immediately complain about defects that are found during this investigation, and the Buyer cannot later invoke defects that could have been found during such an investigation. In the event that the service provided suffers from hidden defects, the buyer is obliged to complain about this immediately after the defect is discovered or should be ascertained. Otherwise, the buyer is precluded from claiming the defect. All complaints must be made in writing, and the buyer must state the invoice number and date of delivery, as well as state the type and serial number of the defective product. The complaint must also contain an account of the extent and nature of the defect. Safereel has the right to check damage at the scene of the damage and to investigate defective parts before deciding on the complaint, including whether the defect is covered by Safereels obligation to repair or redeliver. If the buyer fails to comply with the rules laid down in this provision, the buyer is barred from any right of default in connection with Safereels breach.
11. Returning Goods.
Goods are only received back by separate agreement with Safereel, and then only for a return fee corresponding to 20% of the product's invoice price.
12. Force majeure.
Safereel is free from liability for non-performance or delay in performance of agreements due to force majeure, war, riots, civil unrest, government intervention or intervention by local authorities, fire, strike, lockout, export and/or import ban, missing or defective deliveries from subcontractors, shortage of labour, fuel, motive power or any other cause beyond Safereels control. and which could delay or hinder the production and delivery of Safereels service. If defect-free or timely delivery is temporarily prevented by one or more of the above circumstances, the delivery is postponed for a period corresponding to the duration of the obstacle and delivery for the delivery time thus postponed is considered to be timely. If the impediment to delivery is to be expected to last longer than four weeks, Safereel as well as the buyer are entitled to cancel the agreement without this being considered a breach.
13. Retention of title.
The ownership of the service provided belongs to Safereel and does not pass to the buyer until the full purchase price has been paid.
14. Jurisdiction and Governing Law.
Any dispute between the parties is settled by the ordinary courts and by the application of Danish law.

