Terms of Sales and Delivery
The following terms are applicable to the extent to which they are not deviated from by special written agreement in connection with confirmation of contracts and orders:
1. Offer and acceptance
Unless otherwise agreed an offer remains open for 60 days from the date it has been sent. The offer may be accepted in writing or verbally. If the acceptance of the offer has not been received by Accoat A/S within this period, the offer becomes void. If the acceptance is not in accordance with te offer, the acceptance will be considered a new offer which Accoat A/S reserves the right to reject. Accoat A/S is entitled to cancel a previously confirmed order if the customer has an outstanding account with Accoat A/S.
Accoat A/S reserves the right to delivery by instalments.
Delivery is made ex factory. The customer therefore carries the risk for any accidental damage that may subsequently happen to the goods. This applies regardless of whether Accoat A/S according to agreement incurs the cost of transportation for the goods and is responsible for effecting insurance against damage caused to the goods after delivery. Customers who supply items for further processing or coating with Accoat A/S shall incur the cost of transportation and insurance unless otherwise agreed in writing.
All prices are normally quoted in Danish kroner (DKK) and exclusive of VAT.
The terms of payment are as stated in the offer, in the confirmation of the order, or net 14 days if nothing else is stated. After the due date we reserve the right to charge interest. Rate of interest at present is 1,50% per month.
6. Minimum price
Accoat A/S charges a minimum price on minor deliveries/orders. For rush orders an increased fee is charged.
Customer’s packaging for items sent to be coated or processed is reused when returning the goods and must therefore be strong enough to protect the goods from damage during transportation. According to agreement with the customer and against payment Accoat A/S may supply the packaging.
8. Entry control
Accoat A/S is entitled to reject items which are unsuitable for coating or, against additional charge, to make them coatable. Accoat A/S is entitled to reject defective items which the customer has supplied for further processing. When possible and against payment Accoat A/S may correct the defective items. This shall be agreed in writing with the customer.
9. Time of delivery
The date of delivery is agreed in the offer/confirmation of the order. The time of delivery is fixed subject to delivery in due time not being prevented by strike, lockout, fire, or other cases of force majeure and not being prevented or delayed by necessary supplies or unforeseen delays in production. In case of delays the customer is not entitled to claim damages for breach of contract unless the delays are due to grossly negligent or intentional errors committed by Accoat A/S. So the customer is not entitled to e.g. rescind the contract of sale, claim damages or a proportional reduction on the purchase price.
If the delivered goods are faulty and the defects are due to grossly negligent or intentional errors committed by Accoat A/S, Accoat A/S shall pay damages corresponding to the value of a recoating free of charge. Accoat A/S will always be entitled to recoat or reprocess respectively the coated or processed items, or to repair the items or parts hereof at Accoat A/S’ option. The responsibility of Accoat A/S is explicitly limited to the aforementioned damages. Accoat A/S cannot be held responsible for direct or indirect damage or losses, including working deficits, loss of profits, loss of time or the like. Accoat A/S’ aforementioned responsibility is conditional on damages being claimed immediately after the defect has been discovered. Likewise the responsibility is conditional on the product not being exposed to actions which lie outside the product’s field of application. In case of a defect Accoat A/S reserves the right to reduce the compensation payment in proportion to the current lifetime and the life expectancy of the product.
No later than on receipt the customer must scrutinise the goods in order to ensure that they are in accordance with the contract. Any complaints of the delivered goods must be made promptly and no later than 8 days after the receipt of goods. Defective goods can only be returned according to agreement with Accoat A/S and only together with information on the nature and extent of the defect.
12. Product liability and other liability
Accoat A/S is responsible for personal injury in accordance with the Danish Act on Product Liability. Accoat A/S is not responsible for any damage to immovable or personal property which occurs while the article is in the purchaser’s possession. Neither is Accoat A/S responsible for any damage to products manufactured by the customer or to products of which the article is a part. Accoat A/S is only responsible for damage to immovable or personal property on the same conditions as for personal injuries up to a ceiling of DKK 1,000,000.- per damage claim including interest and costs. Accoat A/S is not responsible for indirect damage and losses such as working deficits, profit losses, and other indirect losses. To the extent that product liability to a third party is imposed on Accoat A/S, the customer is under an obligation to compensate Accoat A/S to the same extent that Accoat A/S’ responsibility is limited according to the present Terms of Sale and Delivery. If a third party advances a claim for damages against one of the parties with reference to this point, this party shall immediately notify the other party hereof. Accoat A/S and the customer are mutually obliged to accept proceedings against them in the court considering the claim against one of them on the basis of damage alleged to have been caused by the article.
13. Right of retention
Accoat A/S is entitled to retain all items delivered for processing and coating respectively until payment including interest and any costs has been made.
14. Arbitration and choice of law
In case of disagreement between the parties the dispute shall be settled by the Court of Elsinore or the Eastern Division of the Danish High Court depending on the value of the article. Accoat A/S and the customer agree that the laws of the Kingdom of Denmark shall be applicable to all matters between Accoat A/S and the customer. The assessment of whether a final and binding agreement has been concluded between Accoat A/S and the purchaser, the assessment of whether the supplied goods are flawed or defective, and whether the customer or Accoat A/S have broken the agreement on delivery, etc. are some of the matters to which the laws of Denmark shall apply