TERMS & CONDITIONS
TERMS & CONDITIONS
Terms & conditions and information about shipping and handling are specified below to provide a clear overview.
Shipping and handling costs per 1th January 2021
Consumables in stock
• Orders for more than DKK 1,000 will be delivered free of charge.
• Orders for less than DKK 1,000 will be charged a shipping fee of DKK 95 per package.
• A minimum handling fee of DKK 175 will also be charged for orders less than DKK 500.
• The above conditions will apply unless otherwise agreed.
• When ordering before 2 p.m. the order will be dispatched on the same day.
Special ordered products
• Shipping will always be added on special ordered products.
• It will not be possible to return special ordered products.
• Please note, that there can be a longer delivery time for special ordered products.
• Complaints regarding damage to delivered goods must be made immediately and within 8 days. Please note, it must be stated in writing on the consignment note to the carrier as they are solely responsible for the shipment.
• No claims can be claimed for shipping to DACOS A/S.
Returns of consumables
• Returns of properly delivered goods are only accepted by prior arrangement. When crediting returned goods, a deduction of 20% of the invoice value is calculated, however a minimum of DKK 400.
• DACOS A/S does not refund shipping costs for returned goods.
• Returns require that the item is returned by the customer in original packaging, unopened and in the same condition as when it was delivered.
• If our payment terms are exceeded, 2% per current month will be charged as well as charge added to a reminder.
• Payments must be made to Nordea Bank, reg. no. 2540, account no. 6274505611.
• CVR no. DK 21 71 61 97.
All prices are in Danish kroner and exclusive VAT.
We reserve the right to price changes and shall not be liable for any printing errors.
Terms & Conditions
1. Purpose and scope of common conditions
The present General Terms and Conditions (afterwards referred to as the Terms) lay down the terms and conditions for DACOS A/S’s (afterwards referred to as “Seller”) delivery of goods to a non-consumer/business owner (afterwards referred to as Buyer) as described in the agreement concluded between Buyer and Seller (afterwards referred to as the “Agreement”).
Unless otherwise agreed in writing, the terms and conditions set out below are applicable and precede any Buyer’s terms and conditions.
2. Scope of benefits
The Seller’s service consists of the delivery of goods, the details of which are specified, the scope and the time of delivery are described in the Seller’s order confirmation.
Final Purchase Agreement is considered to be entered into only when the Seller has sent an order confirmation to Buyer. Seller disclaims any responsibility for any errors or disclosures in any third-party material. This applies to any kind of sales material, descriptions, user guides, content on other websites, etc.
4. Cancellation and change of orders
After placing an order, the buyer is not entitled to change or cancel it.
If the Seller, despite the above, separately approves a cancellation or change, the Buyer is obliged to pay the costs associated with the cancellation or change. That is including costs for storing and guaranteeing quality and properties as well as interest due to deferred delivery time. In the event of full or partial cancellation, the Buyer is further obliged to compensate the Seller’s lost profits.
5. Returnable goods and returnable packaging
Goods are not to be returned.
If, in spite of the foregoing, it is agreed that the Seller returns goods, the goods must be unused, in defective condition and in original and unbroken packaging. The goods must be free of dirt etc. However, items specially produced and / or delivered to the Buyer are never returned.
Approved return goods are credited less the fee set by the Seller to cover return costs and the Seller’s selling costs.
Returnable packaging will be credited for delivery in undamaged condition within 3 months of Seller’s delivery. Credit is made with a deduction to cover wear, handling and freight costs, etc.
6. Prices and billing
The agreed price for the ordered goods is stated in the Seller’s order confirmation.
Seller is entitled to invoice Buyer for payment of goods as delivery occurs.
The invoices sent by the Seller are due for payment one day BEFORE the delivery date. Goods are not exited from DACOS A/S’ warehouse unless payment has been registered for the goods.
In case of late payment, the Seller is entitled to charge interest on interest of 2% per month. Commenced month of the total outstanding from the due date. Delay in the payment of an invoice is always regarded as a material breach of the Agreement.
If delivery is ongoing and there is a late payment on the part of the Buyer on a forwarded invoice, the Seller is entitled to withhold any payment. Future deliveries to the Buyer or suspend further work and/or in this connection require later delivery times delayed by a period corresponding to the Buyer’s delay in payment.
SELLER RESERVES OWNERSHIP FOR PRODUCTS UNTIL THE FULL PURCHASE AMOUNT IS DISCLAIMED.
The seller does not provide an independent warranty on goods deliveries. The Buyer cannot make a claim against the Seller in accordance with a manufacturer’s guarantee for a product in the purchase agreement or otherwise, as the Seller merely passes on such a manufacturer’s guarantee to the Buyer.
9. Errors and shortcomings
The buyer is obliged to examine and test the delivered immediately after delivery, as thoroughly as the relationship requires, to ascertain whether there is a deficiency in the delivered or whether the delivered is in accordance with the order confirmation both qualitatively and quantitatively.
In order to claim that it delivered any defects or defects (afterwards referred to as “errors”), the Buyer must make a written complaint to the Seller immediately after the defect is or should have been discovered. In connection with the complaint, the buyer must indicate and, on request, show how the error manifests. The Seller is solely responsible for errors which the Buyer has complained about immediately from the delivery of the defective item.
The seller is never liable, and it is not considered a breach if there are errors due to the design of the product, provided the design is in accordance with the agreed. The Seller is also not liable for errors caused by the Buyer’s own circumstances such as failure to maintain, incorrect use, application against the Seller’s regulations as well as changes and interference with the delivered by unauthorized persons.
9.1 In case of defects in the item
In the event of errors in the delivered goods, the Seller may choose whether the Seller will: a) rectify the mistake, b) redeliver or deliver the defective goods, or c) give the Buyer a proportionate discount in the price.
In the event that it is reasonably considered that the Buyer can take remedial action himself, the remedy shall be deemed to have been completed by the delivery of a defective part and / or instruction for remediation.
If the Seller chooses to remedy, deliver or deliver, the Seller is obliged to make such remediation, remittance or delivery at his own expense with the speed required by the situation.
If the Seller does not within a reasonable time take remediation, delivery or delivery of goods at the speed required by the circumstances, the Buyer may give the Seller a final and reasonable period in which to take remediation or delivery. The minimum time limit shall be 5 working days and no earlier than 20 working days from the time when the Seller received the Buyer’s written complaint on the occasion of the error.
If the Seller has not taken remedial action, delivery or delivery at the expiry of the deadline, the Buyer is entitled to a proportionate discount corresponding to the defective proportion of the delivered in relation to the total delivery and price.
9.2 Can the buyer terminate the agreement
If the defect is material, the Buyer may terminate the agreement in respect of the defective proportion of the goods. The Buyer can only terminate the Agreement in respect of non-defective goods if they are in such a relationship with the defective goods that they cannot reasonably function satisfactorily on their own.
The Buyer cannot bring a claim against the Seller for any defects in the product, unless the Seller can have the claim covered by the manufacturer.
If the Buyer complains of errors, and it turns out that there are no errors attributable to the Seller, the Buyer must reimburse the Seller’s expenses in such connection, including examination and shipping costs.
10. Delivery and risk transition
The delivery date stated in the order confirmation is only for the Seller’s guidance, unless otherwise agreed in writing.
If a fixed delivery date is agreed, the Seller is entitled to an extension of time in the following cases;
(a) Force majeure, see paragraph 13.
b) In the event of a delay due to the Seller’s suppliers, carriers or other third parties.
c) Unusually weathered.
d) Labor disputes for whatever reason.
e) Public orders or prohibitions which the Seller should not have foreseen at the conclusion of the agreement.
Where an agreement has been made for delivery at the Buyer’s address or other place specified by the Buyer, the goods are delivered as close to the place of use as a truck can, at the driver’s discretion, drive without danger of driving or damaging the vehicle or its surroundings.
The buyer is obliged to check the goods received and the necessary personnel available for unloading.
If the Buyer fails to fulfill the obligations set out above, the Seller will be entitled, but not obliged, to make delivery with a releasing effect at the place of delivery, regardless of whether a Buyer representative is present. The risk of loss or damage to the goods passes to the Buyer upon delivery. The delivery note or carrier’s bill of lading is considered as proof of delivery.
Expenses for any waiting time in connection with unloading at the Buyer’s address or other place designated by the Buyer are covered by the Buyer, and the Buyer will cover any costs arising from the Buyer being unable to receive the goods at the agreed delivery time.
11. Complaints by and responsibility for delay
The Buyer must make a written complaint immediately upon notice of delay, otherwise the Buyer will lose any claim due to the delay.
In case of minor delay, delivery will be made.
In the event of a material delay, the Buyer is entitled to cancel the order. However, if successive delivery is agreed upon, the Buyer is only entitled to cancel the delayed partial delivery.
The Buyer is not entitled to any compensation for the Seller’s delay. This applies regardless of whether the Buyer cancels or maintains the purchase.
12. Product liability
The Seller is liable under the Product Liability Act to the extent that the Act indispensably imposes on the Seller liability for such damages and the Seller’s liability therefor shall not be legally limited. The Seller is also liable for damages which the products supplied by the Seller may cause, to the extent that the damage caused by the exercise of gross negligence on the part of the Seller, and the Seller’s liability for this is not legally limited.
The seller’s liability for product damage is limited to a maximum of DKK 10,000,000 for business damage.
In cases where the Seller is responsible for product damage, but where the damage can also be attributed to errors made by the Buyer, the liability is distributed according to the degree of fault shown.
To the extent that the Seller is liable for product damage in relation to third parties, the Buyer is obliged to indemnify the Seller for the liability that the Seller may be imposed and which goes beyond the Seller’s responsibility according to the above provisions. The Buyer is obliged to sue / sue in the same court / arbitration which deals with claims for damages against the Seller from a third party on the basis of products supplied by the Seller through the Buyer to a third party.
The seller is never liable for operating losses, profit losses or other indirect losses.
13. Force Majeure
In the event that delivery, timely delivery or defective delivery is prevented or delayed by events beyond the Seller’s control, including but not limited to work conflict, operational disruption, transportation difficulties or other third party failure or the like, Seller may defer delivery or cancel the order entirely or partially after own choice by notifying Buyer as soon as possible.
14. General liability limitation and transportation in claims against vendor suppliers
Seller’s liability may not – irrespective of any negligence detected – include fines, operating losses, time loss or other indirect losses, whether the liability may be based on general compensation rules or grounds.
In the event that the Seller’s supplier or other third party has a responsibility to the Seller for delays or deficiencies, the Seller will be prepared to provide the Buyer with transport in the Seller’s claim against the supplier or third party.
In connection with the execution of the Agreement, both parties may access confidential information and other confidential material with each other. Both parties agree that they themselves and their employees and subcontractors will treat the information received confidentially in every respect. This provision will continue indefinitely.
In addition to this provision, other provisions concerning confidentiality and trade secrets apply under Danish law.
16. Interpretation and changes
These Terms apply to the extent that they are not expressly and in writing waived in writing between Buyer and Seller. Subsequent derogation from the Agreement or the Terms may be made only through the completion of a new agreement or written addition to the Agreement.
The Terms may be revised and / or changed by Seller at any time. However, agreements already entered into are not affected.
17. Choice of law and venue
Disputes between the parties arising out of the Terms, the Agreement or the Seller’s other services, and which cannot be resolved amicably between the parties, shall be settled under Danish law at the ordinary courts of the Seller’s domicile at Esbjerg District Court at any time.
18. Seller Information
CVR no. 21 71 61 97
6715 Esbjerg N
Phone: +45 7630 7600
Questions to our Terms & Conditions
Do you have questions to our Terms & Conditions, you are always welcome to contact us!