Sales and delivery terms for Nestaan Nordic A/S
The following General Terms and Conditions shall apply to the extent deviations are not introduced from them by virtue of another written agreement. The following Terms shall apply to each delivery made by United Foam (hereinafter referred to as NN).
1. General Provisions:
Unless otherwise accepted in writing by NN, these General Terms and Conditions of Sales and Delivery shall apply to each delivery made by NN. In the event of a discrepancy between these Terms and Conditions of Sales and Delivery and the Buyer's general terms and conditions of purchase, NN's Terms and Conditions of Sales and Delivery shall take precedence to the Buyer's own terms and conditions of purchase.
2. Offers and Order Confirmations:
Unless otherwise specified, offers shall be binding for 30 days. The Buyer is responsible for ensuring that the requirement specification regarding the request for offer is satisfactory and contains all required and adequate details.
UNNshall consult our customers based on our best knowledge and experience as well as information provided by the Customer. NN may in no way be held responsible if another solution proves to be more advantageous at a later time.
The prices stated in the offer/order/order confirmation are exclusive of VAT, freight, packaging as well as customs and other duties. Unless otherwise agreed, all prices are subject to reservations for price adjustments in the form of currency fluctuations and increases in the price of materials and wages until payment is made.
5. Deliveries, Delivery Times and Delays:
Unless otherwise agreed, deliveries are made ex warehouse, and delays shall be at the Customer's expense and risk. Unless otherwise expressly agreed, delivery times shall be considered approximate. Unless otherwise confirmed in writing, as regards commodity goods, we reserve the right to deliver up to 10 % less or more of the quantities ordered. NN shall owe no compensation for delayed deliveries. This hereby constitutes a deviation from sections 13 and 14 of the General Terms and Conditions and Delivery NL 92.
Payments shall be made in accordance with the payment terms laid down by NN, which may subsequently be changed by NN whenever considered necessary. The payment terms are as specified in the invoice. This hereby constitutes a deviation from section 17 of the General Terms and Conditions and Delivery NL 92. Unless otherwise specified in the invoice, the payment terms are 20 days. Where payment is not made on the due date, interest shall be due at 2 % per each month or part of a month. The delivered goods shall be NN's property until payment has been made in full. Where the payment deadline has previously been overrun, NN is entitled to retain the produced and process workpieces until such time that payment is made.
7. Defects and Force Majeure:
NN may only be held liable for damage caused to goods or services delivered or provided by us on condition that it can be documented that the damage is owing to an error made by NN, including any of our employees. NN may not be held liable for any operating losses, loss of profit or other indirect losses suffered by the Buyer or third parties. To the extent we may be held liable to third parties, the Customer is obliged to indemnify NN. In this connection, refer to Section 36 of NL 92.
9. Responsible Practices:
NN can only be held liable for damage that has occurred to goods or work services provided by us, if it can be documented that the damage is due to an error committed by NN, including our employees. NN is not responsible for operating losses, loss of profit or other indirect losses of the buyer or third parties. To the extent that we may be held liable towards third parties, the customer is obliged to indemnify NN. Reference is made to section 36 in NL 92.
9. Responsible Practices:
The buyer must become familiar with any kind of product data or information that NN provides, including MSDS, comply with safe handling, use, sale, storage, transport and disposal including special practices as the buyer's use of the product requires and imposes on its employees, suppliers, agents and customers in these practices to take appropriate action to avoid spillage or other danger to persons, property or the environment. NN may cancel this contract with 15 days' notice if the buyer fails to comply with any of these obligations under this section.
10. General Terms and Conditions of Delivery NL 92 and Disputes:
Otherwise, general conditions according to NL 92 apply within Europe, in the event that the above is not sufficient, however not in cases where NL 92 deviates from the above. Danish legal rules apply to the legal relationship between the customer and NN. Jurisdiction in disputes between the customer and NN is the district court in Holstebro.