Offers are only valid on immediate response (maximum 4 weeks), and when the order is larger or smaller than those offered the seller reserves the right to make changes in price and delivery. An accepted offer is confirmed by issuance of order confirmation. The order from a customer is only binding on the seller after the issuance of a written order confirmation and only under the conditions specified in the order confirmation. All orders are executed on the basis of the following:
Force majeure, strike or lockout at home or abroad, fire, major engine damage, lack of driving force, war or war-like situation at home or abroad, absence or delay of supply of tools, raw materials or semi-finished or equivalent supply difficulties justifying the seller after the seller's discretion either fully or partially cancel the order or delay delivery. If the seller is stuck with materials and products, by the occurrence of events specified above, the seller reserves the right to apply for full or partial fulfillment of current orders at the seller’s best estimate. Should the value of the Danish crown change, or should an event like the above just cause the performance of the seller’s delivery obligations for selling more expensive, the seller is obliged to implement them, if the purchaser declares to indemnify the seller paying the higher costs calculated.
The right to delivery up to 10 % more or less is reserved. However, quantity less than 5,000 production meters is + / - 25%.
The suitability for purchased products is decided strictly by the buyer and shall have no liability to the seller. When the seller is specifying the thickness of raw materials used, a tolerance of + / - 10% must be expected.
The seller is not obliged to compensate losses caused by any overdue delivery deadline and possible delay in delivery shall not entitle the buyer to cancel the order. When the agreed delivery time has expired, the products will be charged and then sent in adequate notice. For special made films an agreement can be made about longer storage against debit value of the product at the normal period and accrued warehouse rent. In this case, the seller disclaims responsibility for the consequences of any deterioration during the long storage.
Unless otherwise is expressly agreed, the prices listed by the seller for the offer and confirmation applies. When the order does not state the transportation method, it is chosen at best estimate with no liability for any shipping differences. There is no insurance taken out by the seller, unless there is a written agreement.
If the buyer’s ability to pay, by the sellers estimate, deteriorate after the order is placed, the seller is entitled, as a condition of its execution, to require payment or a secure guarantee of the seller’s opinion of a reasonable amount.
The seller retains the title to the goods until a full and final payment has been made.
Tools (including clichés, etc.) charged to the customer, directly or indirectly, belongs to the customer. Tools are available on request if the customer is not in negative account. The seller has the obligation to store tools in a period of 24 months from the last time the seller processed any orders from the buyer. From this point, the seller may refuse to store tools or require the remuneration. If the customer has not picked up the tools no later than 24 months after the date the order was processed, the tools belong to the seller, unless prior to that date there has been a separate agreement for tool storage and payment. In case of default in payment by customer, the seller is entitled at any time to seek fulfillment in the tool.
For any potential claims to be valid they must be made in writing within 8 days after receiving the product, and the buyer must not dispose of the advertised batch or parts thereof. Products with manufacturing or material defects are repaired or replaced within a reasonable time, and there is no other compensation beyond. Losses caused by buyer or clients of products in which seller’s supplies are included are not replaced. Complaints due to transport damage must however, to be valid, be made immediately on the receipt of goods to the carrier as well as the seller, so the responsibility for any damage immediately can be placed.
The product liabilities are always applicable to the rules of Danish law. However, the seller is never liable for loss of earnings or other indirect losses.
All disputes under this agreement must be treated in accordance with Danish law, and in the event no agreement between the parties, proceedings will be made in the Court of Herning.