Terms of Business.
1. General delivery terms and conditions
These trade, delivery terms and conditions are valid for all sales (business purchases), deliveries and offers, unless agreed to otherwise and confirmed in writing by DKT A/S. Only registered businesses are allowed to use DKT A/S’ e-business.
All presented prices are net prices and exclude sales tax and other expenses. The price of a product is presented alongside the product on the specific website page. We reserve the right to make changes to prices without prior warning. Delivery will always be effectuated at the price that is valid on the date of delivery.
All information on the DKT A/S e-business/web catalog must only be regarded as a guideline. Under no circumstances does it provide the possibility of compensation as regards the delivery of products from DKT A/S.
3. Terms of payment
The valid payment deadline is indicated in the text of the respective invoice. If payment is not made by the specified deadline, then DKT A/S will apply interest from the date of payment at a rate of 2% per commenced month and until such time that payment has been made.
When a payment deadline has been exceeded, then DKT A/S retains the right to withhold further deliveries, or by way of written notice to the buyer, partially or fully cancel the agreement.
Delivery is regarded as being complete as soon as the goods are transferred to the shipping company. Incoterms 2000: EXW (ex works).
DKT A/S maintains the right, within the limitations imposed by the absolute rules of law, the ownership of the sold goods until such time that the total purchase price and all extra costs associated therewith and interest, have been paid. In situations of transformation or modification of the sold goods, the right of ownership is retained such that it embodies the transformed or modified goods to a degree that represents the value of the goods at the time of sale.
6. Incorrect deliveries
In situations where DKT A/S has delivered an incorrect product in relation to what the customer ordered, DKT A/S will refund the postage/shipping cost incurred by the customer when returning these incorrect goods. In this regard DKT A/S will deposit the amount into the bank account that the customer has provided to DKT A/S. DKT A/S is not responsible for any losses incurred by the customer as a result of incorrect deliveries, and this includes production losses, lost income or other indirect losses.
7. Limitation of liability and product liability
DKT A/S cannot be held liable for typographic errors in text, prices etc., errors in illustrations/photographs, out-of-stock items, items in back-order, delivery times, erroneous orders submitted by customers and force majeure.
DKT A/S is only responsible for personal injury, and only if this can be proven to be a result from errors or neglect on behalf of DKT A/S or others that the company is responsible for. DKT A/S is not responsible for damage to fixed assets or movable property. DKT A/S is not responsible for production losses, lost income or other indirect losses.
In situations where DKT A/S is subject to product liability to a third-party, the buyer is obliged to keep DKT A/S harmless from all liability for damages, and this to the same extent that DKT A/S’ liability is limited as in the above conditions.
8. Claims and inspection obligations
It is the buyer’s responsibility, to perform a thorough inspection of the goods no later than at time of delivery, this is to confirm that the service is in accordance with that agreed upon in the contract. The buyer is obliged to give notice of any lack of conformity that is apparent from such an inspection, and the buyer cannot at a later time make new claims regarding lack of conformity that could have been identified in the prescribed inspection. Claims resulting from lack of conformity or delays must be presented in writing and immediately upon identifying such breaches. A claim must include a written statement of the nature of the breach. If the buyer fails to comply with the prescribed conditions and defined rules, then the buyer is not entitled to any remedy for this breach and this includes those pertaining to deficiencies, delays or otherwise.
DKT A/S provides a 12 month guarantee, during which any claim must be made immediately upon identifying any error or lack of conformity as described in point 9.
The guarantee period commences from the date of delivery as specified on the respective invoice. The guarantee terminates if the buyer or any third-party makes unapproved modifications or repairs, or if the buyer in cases of an error or lack of conformity do not take immediate precautions to remedy the error or lack of conformity and allow DKT A/S the opportunity to remedy the error or lack of conformity. Exempt from the guarantee are errors or lack of conformity that are not a result of materials, design or production, for example incorrect handling at installation.
In situations of an error or lack of conformity, DKT A/S must be informed and an RMA document is sent to the buyer. This document must accompany the goods being returned to DKT A/S. Goods arriving without an RMA document will not be accepted.
The guarantee covers the repair of the goods, or if repair is not possible, the delivery of an equivalent product to that which was received.
Products, which do not fall under the guarantee, can be repaired at the customer’s expense; fee is dependent on type of failure and shipment back and forth to DKT A/S (according to standard sales terms and conditions).
10. Force majeure
If a delivery is delayed due to work conflicts or any other scenario that the parties have no control over, such as fire, natural disaster, war, currency restrictions, riots or unrest, lack of transportation services, lack of conformity of supplies and delays from sub suppliers, which may be due to any of the scenarios mentioned in this point, then delivery time will be extended as seen reasonable in terms of the prevailing situation.
Should delivery not have been executed within the defined deadline, then the buyer is entitled to annul the deal by way of written notice to DKT A/S.
11. Returned goods
Returned goods will only be received after agreement in each specific case, and only if the goods are current and in their undamaged and unopened original packing material. Upon return a cost is calculated and this is applied as a reduction to the credited amount.
12. Delivery time
Orders for goods on stock are usually dispatched on the same working day as the order is received. This applies to orders placed before 12H30 Mondays to Fridays. Orders placed after these hours will be dispatched on the following work day.
Orders for goods that are not stockable items will normally be delivered in accordance with the delivery time provided when the order is confirmed.
DKT A/S is not responsible for any compensation as regards delayed deliveries. DKT A/S is not at any time responsible for the buyer’s or third-party’s direct or indirect loss that may result from delayed delivery, this including production loss, income loss or any other consequential economic loss.
Photographs, graphics and illustrations on the DKT A/S website are the property of DKT A/S. Text, photographs and illustrations and other similar content are protected by copyright laws and may not be copied without the permission of DKT A/S.
14. Venue and choice of law
All disputes between parties shall in the first instance be decided by a court of law in the Copenhagen District Court. National Danish Law is applied.
Updated last on November 9th, 2018.