Terms of sale & delivery



  1. General information

 

    1. These terms shall apply to all quotations, sales and deliveries by VIRSENSORS / Dalmatic A/S, unless otherwise agreed and confirmed in writing by Dalmatic A/S.
  1. Quotations

 

    1. Quotations shall lapse, unless accepted within 6 weeks from the quotation date.
    2. VIRSENSORS / Dalmatic A/S shall not be liable for any losses suffered by the buyer, if such losses are due to errors and omissions in the buyer’s specifications or information.
  1. Prices

 

    1. Prices quoted shall be exclusive of VAT and other taxes.
    2. Prices shall be subject to adjustments in the event of changes in prices of materials, exchange rates, government interventions etc. Prices may be adjusted under the above-mentioned circumstances in the period from the date of the quotation to the actual date of delivery.
    3. A forwarding fee of DKK 500.00 will be charged for orders of less than DKK 3,000.00.
    4. 3 months’ written notice shall be given for general price increases (excluding those mentioned in ss. 2 above).
  1. Delivery times/dates

 

    1. The delivery time shall be agreed separately for each individual consignment. The delivery time cannot be agreed on till the order has been fully cleared.
    2. The delivery time agreed on may be postponed if the delay is due to postponement of delivery by VIR SENSORS / dalmatic A/S’s suppliers, strike, lock-out, government orders, suspension of operations, delayed or prevented supply of raw materials, production supplies or any other deliveries, currency restrictions, natural phenomena, obstacles to transport, war, uprising, unrest and blockage or any other form of force majeure not mentioned here, whether the aforementioned obstacles affect VIRSENSORS / Dalmatic A/S or the suppliers of VIRSENSORS / Dalmatic A/S. Such postponement of the delivery time shall also take place in the event of bankruptcy or similar financial difficulties on the part of the suppliers of VIRSENSORS / Dalmatic A/S.
    3. The buyer shall only be entitled to cancel an agreement entered into due to a delay as mentioned in ss. 2 above, if such a delay has lasted more than 1 month.
    4. VIRSENSORS / Dalmatic A/S shall under no circumstances be obliged to pay damages of any kind as a result of late delivery.
  1. Delivery

 

    1. Delivery shall be ex works and shall include standard packaging, but not accessories, unless otherwise expressly specified in writing.
  1. Payment

 

    1. The terms of payment shall apply from the date of delivery, cf. 5.1. above.
    2. In the event of late payment, 2% interest will be charged for each month commenced.
    3. The buyer shall not be entitled to set off payments in outstanding debts to VIRSENSORS / Dalmatic A/S, unless the basis and size of such payment has previously been recognised by VIRSENSORS / Dalmatic A/S or has been established by a final judicial decision.
    4. The goods shall remain VIRSENSORS / Dalmatic A/S’s property until the full purchase price has been paid.
  1. Returns

 

    1. Goods may only be returned by prior agreement with VIRSENSORS / Dalmatic A/S in writing in each individual case, and in all circumstances only within 24 months from the date of production and only for marketable standard goods in undamaged original packaging with specification of invoice number. Returned goods shall be sent carriage paid with a covering letter.
  1. Defects etc.

 

    1. Goods produced by VIRSENSORS / Dalmatic A/S, which within 12 months from the date of production prove to be faulty with regard to production or materials, shall be replaced with new equivalent goods or be credited to the buyer based on an average purchasing price when forwarded carriage paid to VIRSENSORS / Dalmatic A/S.
    2. The buyer will forfeit any right to plead defects on the delivered goods if he has not informed VIRSENSORS / Dalmatic A/S, stating in detail the nature of the defect, within 14 days from the date when he detected, or ought to have detected, the defect.
    3. The buyer’s rights according to ss. 1. above shall lapse if attempts have been made to alter or repair the goods, or if they have been used incorrectly.
    4. VIRSENSORS / Dalmatic A/S  shall not be liable in any respect for defects other than those specified in ss. 1. above.
    5. Defects shall under no circumstances in title the buyer to other rights than those mentioned in ss. 1. above, including the right to cancel the agreement entered into or claim reduction of the purchase price or claim damages as a consequence of the defect.
    6. VIRSENSORS / Dalmatic A/S shall not be liable for operating losses, loss of profits or any other indirect losses caused by defects in the goods supplied. Liability shall be limited to replacement and repair as stated in ss. 1 and 5. above.
    7. In the event of damage to data media, the liability of VIRSENSORS / Dalmatic A/S shall not include expenses for the restoration of destroyed data.
  1. Product liability

 

    1. VIRSENSORS / Dalmatic A/S’ products are only to be used for machinery purposes. Thus, the mentioned products must never be used for personal security and/or protection.
    2. VIRSENSORS / Dalmatic A/S shall be liable for damages due to product liability according to the applicable rules. However, VIRSENSORS / Dalmatic A/S shall only be liable towards the buyer for direct losses suffered due to VIRSENSORS / Dalmatic A/S’s insufficient or defective delivery.
  1. Choice of law and venue

 

    1. Danish law shall govern all disputes arisen in connection with VIRSENSORS / Dalmatic A/S’s deliveries to the buyer.
    2. The Maritime and Commercial Court in Copenhagen, Denmark, shall be the venue of any dispute. If VIR SENSORS APS is the plaintiff, VIRSENSORS / Dalmatic A/S may also institute proceedings before the court in the circuit where VIRSENSORS / Dalmatic A/S has its registered office.

Taastrup, den 1. februar 2007


VIRSENSORS
Dalmatic A/S
Lægårdsvej 9

DK-8520 Lystrup