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Terms and conditions of sale and delivery for Nestaan Nordic A/S

The following general terms and conditions shall apply to the extent that they are not deviated from by other written agreement. The following terms and conditions apply to any delivery from Nestaan Nordic A/S (hereinafter referred to as NN).

1. General:

These terms of sale and delivery apply to any delivery from NN, unless otherwise accepted in writing by NN. In the event of any discrepancy between these terms of sale and delivery and the buyer’s general terms of trade, NN’s terms of sale and delivery shall take precedence over the buyer’s own terms of trade.

2. Quotation and order confirmation:

Offers are binding for 30 days unless otherwise stated. The buyer is responsible for ensuring that the requirements specification for the request for quotation is complete and contains the necessary and sufficient information.

3. advice:

NN advises our customers based on our best knowledge and experience and on information provided by the customer. NN can in no way be held liable if it later becomes apparent that a different solution would have been preferable.

4. pricing:

The prices stated in the offer/order/order confirmation are exclusive of VAT, freight, packaging, customs duties and other taxes. Reservations are made for price adjustments in the form of currency changes, wage and material increases until payment has been made, unless otherwise agreed.

5. Delivery, delivery time and delay:

Delivery is ex warehouse, unless otherwise agreed, and shipment is at the customer’s expense and risk. Delivery times are approximate unless otherwise expressly stated. For volume goods, we reserve the right to over-deliver or under-deliver by 10% of the ordered quantity, unless otherwise confirmed in writing. No compensation will be paid for late delivery from NN. Clauses 13 and 14 of NL 92 are hereby waived.

6. Payment:

Payment shall be made in accordance with the payment terms set by NN, which may subsequently be changed by NN in cases where NN deems it necessary. Payment terms are as stated in the invoice. Clause 17 of NL 92 is hereby waived. If nothing is stated in the invoice, the payment terms are 20 days. If payment is not made by the due date, interest is charged at 2% per month or part thereof. The delivered goods are NN’s property until payment has been made in full. If the payment deadline has previously been exceeded, NN is entitled to exercise a lien on the manufactured and processed items until payment has been made.

7. Defects and force majeure:

NN reserves the right – for a period of 12 consecutive months after delivery to the customer has taken place – to remedy or re-deliver goods. Remedy or re-delivery requires that the customer has complained in writing immediately after delivery. Costs incurred by the Customer in connection with remediation, such as operating costs, loss of profit, damage to other property and other indirect losses cannot be claimed against NN. Reference is made to clauses 21-35 of NL 92. In the force majeure situation, reference is made to the provisions in clause 37 of NL 92.

8. product liability:

NN can only be held liable for damage that has occurred to goods or services delivered by us if it can be documented that the damage is due to an error by NN, including our employees. NN is not liable 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 to third parties, the customer is obliged to indemnify NN. Please refer to clause 36 of NL 92.

9. Responsible practices:

Buyer shall familiarize itself with any product data or information provided by NN, including MSDS, comply with safety handling, use, sale, storage, transportation and disposal including special practices as 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 spills or other hazards to persons, property or the environment. NN may cancel this contract with 15 days’ notice if Buyer fails to fulfill any of its obligations under this section.

10. NL 92 and disputes:

In addition, general terms and conditions in accordance with NL 92 shall apply within Europe in the event that the above is not sufficient, but not in cases where NL 92 is deviated from by the above. The legal relationship between the customer and NN is governed by Danish law. The place of jurisdiction in disputes between the customer and NN is the district court in Holstebro.

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