1.1 These standard terms of sale and delivery apply, unless there is another written agreement between the parties concerned. Any terms on the part of the Buyer that violate these General Terms and Conditions of Sale are not binding on LAURIDSEN GROUP APS, unless LAURIDSEN GROUP APS has consented to them and confirmed these terms in writing.
1.2 The international trade clauses stated in “Incoterms 2010” shall apply between LAURIDSEN GROUP APS and the buyer.
2.1 LAURIDSEN GROUP APS has only accepted an order when written order confirmation or other express written confirmation has been sent to the buyer.
2.2 If LAURIDSEN GROUP APS's order confirmation does not match the buyer's order, the buyer must immediately advertise.
If this does not happen, the buyer is bound by the contents of the order confirmation.
2.3 Offers, pro forma invoices and the like are not binding on LAURIDSEN GROUP APS.
2.4 Cancellation or modification of orders is not accepted until LAURIDSEN GROUP APS has confirmed this in writing. In the event of cancellation or alteration of orders, the buyer shall reimburse LAURIDSEN GROUP APS all reasonable costs in connection therewith.
3. Delivery Terms
3.1 All deliveries from LAURIDSEN GROUP APS are EXW Vordingborg, Denmark (Incoterms 2010).
3.2 LAURIDSEN GROUP APS undertakes to take appropriate measures to deliver on time. Should a delay nevertheless occur, LAURIDSEN GROUP APS is entitled to postpone the delivery time for up to 30 days, without the buyer being entitled to cancel the order. A delayed delivery does not entitle the buyer to claim compensation.
4. Tax and levy
4.1 In addition to the purchase price, the buyer must pay tax, tax or duty for the goods purchased and any necessary expenses in connection with the approval of the goods purchased.
5.1 LAURIDSEN GROUP APS reserves the right to change prices until a final order confirmation has been issued. LAURIDSEN GROUP APS also reserves the right to change the prices of confirmed orders in the event of changes in production costs, salaries / wages, material costs, subcontracting, exchange rates, expenses imposed by public authorities and the official discount.
6. Payment Terms
6.1 Payment must be made no later than at the time of delivery EXW Vordingborg, Denmark (Incoterms 2010), unless otherwise expressly agreed in writing.
6.2 If the payment is delayed, LAURIDSEN GROUP APS is entitled to charge a 2% interest rate premium on the purchase price per month commenced and withhold all future shipments. In case of late payment, LAURIDSEN GROUP APS has the right to demand that the buyer pay all reasonable costs in connection with legal and / or non-legal steps taken in order to collect payment.
6.3 The Buyer is not entitled to withhold payments in connection with any counterclaims which LAURIDSEN GROUP APS has not accepted in writing in advance.
6.4 If the buyer fails to take delivery of consignments or sub-consignments ready for delivery on the agreed day, the buyer shall nevertheless pay as if delivery had been made, unless otherwise agreed.
7.1 LAURIDSEN GROUP APS reserves the ownership of the products sold until payment has been made even if the buyer has started to use or process the products or has begun to incorporate the products in his own application.
8. Intellectual property rights
8.1 The rights to design and design of products belong to LAURIDSEN GROUP APS. Products may not be copied or passed on to third parties for copying purposes. All drawings and descriptions sent to the buyer remain the property of LAURIDSEN GROUP APS and may not be copied, forwarded or displayed to third parties without prior consent from LAURIDSEN GROUP APS.
8.2. violated, buyer must pay: 1. Compensation to LAURIDSEN GROUP APS for losses attributable to illegal copying. 2. All costs incurred by LAURIDSEN GROUP APS in law enforcement of LAURIDSEN GROUP APS's rights. 3. All costs that are otherwise incurred by LAURIDSEN GROUP APS in connection with extra-judicial enforcement of LAURIDSEN GROUP APS's rights.
8.3 If the provision of paragraph.
8.4 If a third party's copyrights, patents, design rights, copyrights, trademarks and the like are infringed by LAURIDSEN GROUP APS as a result of participation in Buyer's development projects based on Buyer's requirements and specifications, Buyer shall cover all costs incurred by LAURIDSEN GROUP APS as a result of litigation and damages from third parties.
10.1 If Buyer wishes to advertise defective products, Buyer must immediately advertise to LAURIDSEN GROUP APS.
10.2 The buyer shall immediately, upon receipt of a delivery, examine whether the product delivered in terms of type, quantity, price, function and other possible deviations corresponds to the order-confirmed product. If the buyer wishes to advertise to LAURIDSEN GROUP APS, the buyer must complain to LAURIDSEN GROUP APS within 10 days of receipt of the product, if the relevant errors could have been detected during the buyer inspection upon receipt of the delivered products.
10.3 LAURIDSEN GROUP APS will not be liable for damages, errors and defects in connection with shipment, and complaints regarding this must be directed to the carrier.
10.4 Return of goods must be done in original packaging and without damage to the goods, returns will be at the buyer's expense and a maximum of 40% can be paid back of the invoiced amount of the price without surcharge and further discounts, goods that are more than 6 months are not taken Returns, the returned goods at the customer's request are also not returned
11. Guarantee and rights in case of non-conformity
11.1 LAURIDSEN GROUP APS guarantees that the products are in accordance with written specifications and that they are free from defects in materials and workmanship during use and service for a period of 18 months from the date of production, unless otherwise agreed. On batteries, there is only 12 months warranty. The LAURIDSEN GROUP APS warranty only applies if the products have been used and maintained properly and have not been changed. The warranty does not cover wear and tear. It is a condition of the guarantee that the terms of the agreement are complied with and the products are not subjected to violent treatment or inadequate maintenance. The LAURIDSEN GROUP APS warranty only applies if the product has been used correctly.
11.2 LAURIDSEN GROUP APS warranty for defective products is limited as follows:
11.3 LAURIDSEN GROUP APS may, at its option, undertake warranty repair or supply a replacement product for the defective product and only if LAURIDSEN GROUP APS has received the Buyer's written complaint within the warranty period.
11.4 If defects are found in the design, materials or production of a LAURIDSEN GROUP APS product, the buyer must immediately complain in writing to LAURIDSEN GROUP APS. The defective products must then be sent to LAURIDSEN GROUP APS or to an address provided by LAURIDSEN GROUP APS with shipping and insurance paid by the shipper, accompanied by a description of the reason for the return. If LAURIDSEN GROUP APS accepts that the product is defective and the buyer has complained on time, LAURIDSEN GROUP APS must return a new product or repaired free of charge. LAURIDSEN GROUP APS will refund the shipping costs incurred by the buyer to send the defective product to LAURIDSEN GROUP APS's address, but only if LAURIDSEN GROUP APS has approved the shipping method and the associated costs before shipment of the product.
11.5 Under no circumstances is LAURIDSEN GROUP APS obliged to remove, replace or install LAURIDSEN GROUP APS products that are built into other non-LAURIDSEN GROUP APS products. Under no circumstances should any replacement delivery or repair under the warranty be performed outside LAURIDSEN GROUP APS's address.
12. Product liability
12.1 LAURIDSEN GROUP APS is the Product Manager in accordance with applicable mandatory legislation in this area, but does not assume any additional responsibility beyond that specified in the legislation. Any product liability that is not provided for by law, but which has developed in accordance with product liability law, is thus expressly waived. In addition, LAURIDSEN GROUP APS accepts no liability for operating losses, loss of profits or indirect losses as a result of direct or indirect damage caused by LAURIDSEN GROUP APS's products. 12.2 The Buyer shall indemnify LAURIDSEN GROUP APS to the extent that LAURIDSEN GROUP APS is liable to any third party for damages or losses for which LAURIDSEN GROUP APS is not liable to the Buyer pursuant to clause
13. Force Major
13.1 The following circumstances result in discharge if they impede the fulfillment of the agreement or render the fulfillment unreasonably burdensome: Labor conflicts and any other circumstances over which the parties do not control, such as fire, war, mobilization or military summons of similar dimensions, requisition, seizure, foreign exchange settlement riots and disturbances, lack of transport opportunities, general scarcity of goods, restrictions on fuel, as well as deficiencies or delays in deliveries from subcontractors caused by some of the circumstances mentioned in this paragraph.
13.2 The circumstances mentioned must only result in force majeure if their influence on the performance of the agreement at the time of conclusion was not foreseeable.
13.3 The party wishing to apply the force majeure clause, as mentioned in clause 13.1, must immediately notify the other party in writing of the start and end of such situations. In the event of a force majeure situation occurring with the Buyer, the Buyer shall cover the costs incurred by the Seller in securing and protecting the LAURIDSEN GROUP APS product concerned.
14.1 The Buyer is obliged to keep information exchanged in connection with trading with LAURIDSEN GROUP APS strictly confidential to third parties.
15. Applicable law and venue for disputes
15.1 Any disagreements and disputes between LAURIDSEN GROUP APS and the buyer must be settled under Danish law without regard to conflict of law rules.
15.2 Unless LAURIDSEN GROUP APS gives written consent to a process of arbitration, which must then take place in Copenhagen, all disputes shall be settled in a court case at LAURIDSEN GROUP APS's court in Nykøbing Falster or the Eastern Lands Court, depending on the nature of the case. the case in question.
Effective April 1, 2019 LAURIDSEN GROUP APS Ugledigevej 91, 4760 Vordingborg Tel: +45 53 81 21 41 www.lauridsen-group.dk