These general terms and conditions of the delivery serve as basis for all contracts by Faust ApS and are prior to any other rule, including other conditions that have been presented by a partner as part of the deal.
1. Offers, approval and order confirmation
All offers are a binding agreement for 45 days unless otherwise is agreed. Orders are binding when an order confirmation from the seller is received at the buyer in writing. In case the buyer makes any additions or changes when placing an order, the seller is entitled to decline the order. If the seller agrees to the additions or changes, consequently the seller is entitled to make changes in delivery time and price.
2. Delivery terms
Delivery happens from the seller’s address. Shipping is on the buyer’s own account and risk unless otherwise is agreed. In case the buyer has not agreed to any particular transportation, the seller is entitled to choose the means for transport.
3. Delivery time
The delivery times stated by the seller are only approximate until final delivery time is confirmed by the seller.
The seller has no liability for delays due to unforeseen circumstances. In case of such delays, the seller reserves the right to cancel the total order or parts of it, or to postpone the time of delivery with a reasonable time limit beyond the delivery time stipulated in the agreement. Under unpredictable circumstances, such as, lack of basic materials or failure in delivery, industrial action, lack of manpower, work stoppages, failure in energy- and water supply, traffic-related disruptions, breakdown of machines, tools and EDP-facilities, fire, war, mobilisation, currency restrictions, blockade, political riots/disturbances, interferences by the authorities of different kind such as commandeering, export and import ban, sabotage and vandalism directed at the seller’s delivery-facilities and other similar impediments.
The seller has no liability for implied damages and loss, consequential loss, operating loss, loss of profits or other similar loss which can result in delayed delivery.
4. Payment terms
The seller’s terms of payment appear in the order confirmation and within the invoices sent to the buyer. Are there no other special agreements, the payment must happen on the stated date of maturity. In case of delayed payment, the Customer will be charged with interest according to the valid Late Payment of Commercial Debts (Interest) Act.
5. Retention of title
The ownership of the goods remains with the seller until the total purchase price has been paid.
6. Project materials etc.
Seller’s project materials, calculations, drafts etc. remains seller’s property unless otherwise agreed, may not be passed on without the seller’s approval in writing. The customer is obliged to apply the usual confidentiality regarding business secrets and know-how on the seller’s deliveries and technical solutions
7. Liability for loss
The seller will commit oneself to ensure that the delivery is in accordance to the seller’s standards or specifications within general technical knowledge of the trade, so that the delivery is of our usual excellent quality. If loss in delivery can be proved, seller will undertake to repair the damages, make a replacement or credit the customer in accordance with the decrease in value caused by the delivery.
The above-mentioned obligations are conditional on the seller being notified in writing within 14 days after the damages was or should have been found by the customer.
Seller’s liability for damaged deliveries ceases two years from the seller’s completion of the delivery – in any case no later than two years from the seller’s date of invoice for the delivery.
The seller has no liability for implied damages and loss, consequential loss, loss of profits or similar loss as a result to loss in delivery. The seller is not liable for damages and deficiencies which can be attributed to the customer’s handling, operation, intervention in the delivery or for other damages as a result of the customer using the delivery for another purpose than the intended.
8. Product liability
Damages on the occupational property of a customer or a third-party caused by defects in the seller’s product is solely the seller’s responsibility, if it is proved, that the damage is due to errors or failure of the seller or his people.
In any case, the seller is not liable for implied damage and loss, consequential loss, loss of profits or similar loss.
The seller’s liability for damage of a product can never exceed the cover of amount in seller’s product liability insurance.
The seller’s product liability ceases four years from the seller’s completion of the delivery – in any case no later than four years from the seller’s date of invoice for the delivery.
9. Venues and choice of law
Any dispute shall be settled under Danish law at the seller’s venue in Denmark. With contracts with parties’ resident abroad act 733 of December 1988 on the United Nations Convention on Contracts for the International Sale of Goods (CISG) as implemented in Danish law is used with the amendments thereto follows from the latest general terms and conditions of sale and delivery.