1. APPLICABILITY
1.1. These general delivery terms and conditions apply unless Vangby, and the customer have agreed otherwise in writing.
2. OFFERS AND ORDER CONFIRMATION
2.1. All offers are subject to change and are non-binding unless explicitly stated otherwise in writing.
2.2. Offers are only binding for Vangby upon receipt of an order confirmation.
2.3. Offers based on measurement of erroneous drawings prepared by the buyer shall not be the responsibility of Vangby.
3. PRICES
3.1. All prices are in local currency and exclusive of VAT and duties, unless otherwise specified in the offer or the order confirmation.
3.2. If, before delivery, a price change occurs e.g. currency change, tax increase or other event outside Vangbys control, Vangby is entitled to change the price to a corresponding extent, whereby the buyer is still bound by the purchase.
4. TERMS OF DELIVERY
4.1. Unless expressly stated otherwise in Vangbys order confirmation, all deliveries of goods are “ex works” in accordance with Incoterms 2010, and freight charges will be added to the invoice. For orders below DKK 3.000 / SEK 5.000, Vangby reserves the right to invoice an administration fee of:
4.2. The delivery week is determined by Vangby to the best of our judgment in accordance with the conditions existing at the time of the offer/agreement. Unless expressly agreed otherwise, a delay in the delivery time of up to 20 days due to the Vangbys circumstances is considered timely delivery, and the buyer cannot exercise any rights against the seller for this reason.
4.3. If a delay in delivery is due to a situation as stated in section 11.1, the delivery time is extended by the duration of the hindrance. However, both parties shall be entitled to cancel the agreement without liability when the hindrance has lasted for more than 3 months. This provision applies regardless of whether the cause of the delay occurs before or after the agreed delivery time has expired.
4.4. Vangby reserves the right to deviations in quantity of up to 10% of the agreed quantity, except for special orders, where quantity tolerances are as follows:
4.5. The cost of standard pallets er included in the selling prices and will not be invoiced.
5. PAYMENT TERMS
5.1. The payment terms are 8 days net, unless otherwise agreed upon in writing or specified on the invoice.
5.2. In case of overdue payments, an interest rate of 1,5 % per commenced month will be added to the invoice amount, along with a reminder fee of DKK 250 / SEK 350
5.3. Vangby reserve the right to adjust the interest rate in case of changes to the discount rate. Payments will be allocated to cover any outstanding interest first.
5.4. Buyer shall be obliged to respond not later than five (5) calendar days after receipt of an invoice, if Buyer has any objections to the content of the invoice.
6. RETENTION OF TITLE, ETC.
6.1. The risk passes to the buyer upon delivery.
6.2. Ownership of the delivered goods remains with Vangby A/S until full payment has been received.
6.3. Plates and tools are stored for 1 year after the latest period of use.
7. INSTALLATION AND ADDITIONAL SERVICES
7.1. If the confirmed order includes additional supplemental services such as installation, mounting, renovation, assembly, education, measurement services and/or E-services “Additional Services”), these Conditions shall apply to Vangbys provision of such Additional Services, with the necessary adjustments.
7.2. Vangby will inform Buyer about any individual terms e.g. service levels etc. applying to such Additional Services. These Conditions shall however in all respects, take precedence over any such individual terms, in case of discrepancies.
8. COMPLAINTS
8.1. The buyer must inspect goods delivered upon receipt. The Buyer must notify Vangby in writing of any missing goods, deficiency, or fault in the goods immediately after the buyer has noticed, or should have noticed, the fault or deficiency, but no later than five calendar days after delivery.
8.2. For transport damage, in addition to making a complaint as above, the buyer shall notify the carrier my making a comment on the consignment note.
8.3. The buyer must provide clear information for the identification of the goods as well as other information that may be important for Vangbys processing of the complaint. The buyer must take care of the goods until the complaint has been processed.
8.4. If the buyer fails to make a complaint according to the times and instructions stated above, Vangby is released from all responsibility for the fault or deficiency.
8.5. Additionally, it should be noted that the terms and conditions for delivery and installation of machinery and other mechanical and electronic equipment are referred to Danish Industry’s NLM 19.
9. RETURNS
9.1. The buyer is entitled, for a return fee of 10% of the order value, to return unbroken and undamaged packages that are included in Vangbys standard range items, and that are delivered directly from Vangbys warehouse. Returns must be made within 30 days from delivery.
9.2. The right of return does not apply to items that are temporary, are being phased out, have been acquired and/or manufactured on behalf of the buyer.
10. CHANGES AND CANCELLATION
10.1. Changes to orders must be agreed upon in writing.
10.2. Cancellations are subject to Vangby’s approval and may incur costs.
11. FORCE MAJEURE
11.1. Vangby is not liable for non-compliance with obligations is due to exceptional circumstances occurring after the submission of the offer and beyond the control of Vangby, including, but not limited to, war, riots, strikes, lockouts, blockades, export and import bans, production and delivery difficulties, confiscation, currency restrictions, general scarcity of goods, fire, theft, natural disasters, pandemics. In such cases, Vangby is entitled to cancel the order in whole or in part or to deliver the order when the obstacle to performance has ceased.
12. LIABILITY
12.1. The buyer is in no case entitled to damages, including compensation for indirect loss, loss of profit or compensation for harm to persons or damage to other property.
12.2. Vangby is in no case liable for damage that the buyer may suffer as a result of damage caused by the goods to other property belonging to the buyer of any kind whatsoever.
12.3. Vangby is not liable to the buyer for compensation claims from the buyer that are based on claims for damages from third parties, including staff employed by the buyer as a result of property damage or personal injury other than in cases where the buyer was obliged by law to accept responsibility for this and the buyer, under such law, has the right to retrospectively pass on the claim to the manufacturer and provided that Vangby is given the opportunity to consult with the buyer on the handling of the case.
12.4. Vangby is liable in accordance with mandatory law in cases where third parties make a claim directly against Vangby, based on harmful properties of the goods. However, the buyer in such cases shall compensate Vangby to the extent that the damage has arisen as a result of the buyers disregarding Vangby’s instructions for the use of the goods or the damage is otherwise, in whole or in part, a result of the buyers actions or omission.
13. APPLICABLE LAW
13.1. Any disputes arising from these terms are subject to the laws of each country, and any legal proceedings shall take place in the courts of:
14. PRIVACY
14.1. Confidentiality of personal data is a significant part of the cooperation. Read Vangbys policy on how Vangby process and secure personal data: Vangby.dk/persondatapolitik or Vangby.se/personuppgiftspolicy
15. Miscellaneous
15.1. These terms and conditions constitute the entire agreement between the parties and supersede any prior agreements or understandings, whether written or oral, except documents signed by both parties.
15.2. Vangby is not liable for typographical errors in sales materials.
October, 2024.
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