Terms of sale and delivery
1 . The following terms and conditions of business shall apply to all orders . Any special agreement must be made in writing an approved by us to be binding .
2 . Prices shall only be binding once the order has been approved . Prices shall be exclusive of any from of levy , including value added tax , costs for packing , certificates , insurance and freigt charges .
3 . Offers shall always be subject to confirmation .
4 . Orders shall be noted subject to satisfactory cultures an any form of force majeure which prevent us from meeting orders in full and on time , including labour disputes , strikes , lockout and any circumstances beyond our control , such as fire , war , currency restrictions , shortcomings in goods supplied by subcontractors or delays to such supplies which are due to any of the circumstances specified in this section .
5 . Packing shall take account of the nature of the goods , the season and the duration of the journey and shall be at the buyer ' s expence .
6 . The goods shall be delivered ex nursery and forwarding shall be at the buyer ' s expense and risk . The goods shall be forwarded by the means we judge to be best and cheapest unless we receive special instructions from the buyer .
7 . Certificate of health , in accordance with the regulations of the import country , is issued for each shipment . The costs involved will be charged to the buyer .
8 . If any possible claim is to be admittet it must be submitted to us in writing no later than 5 days after the arrival of the goods at the destination designated by the buyer . Any possible reduction in the purchase price / indemnification shall be limited to and cannot exceed the invoise amount .
9 . The seller accept no liability for growht , as weather conditions , cultivation conditions and the like are of decisive importance . All goods are guaranteed true to variety . Any indemnifikation cannot however exceed the invoice amount .
10 . Payment for the goods shall be made no lager than 8 days after their arrivel . Interest shall be added for late payment at a rate of 1,5 % per month or part thereof from the invoice date . Amounts of less than DKK 500,00 shall be collected on delivery however . Credit without interest for up to 2 month from date of deliver is willingly granted after agreement to customers , who are known to be reliable . Fro credit for more than 2 month normal Danish Bill-interest is added - 1,5 %. We reserve ourselves the right to demand payment in advance for already confirmed orders in case we receive unfavourable information of the finacial standing of the buyer .
11 . Any delivery takes place on the basis of the following rentention of title which is described in details . This is also the case for all future deliveries , althought this may not necessarily be specified in connection with the individual delivery .
1 . All delivered goods - including in future - shall remain our property until the buyer has paid the full and final price for all outstanding accounts in the business relationship between us and the buyer .
2 . The buyer shall be entitled to resell the goods covered bye the retention of title as part of normal operations of the business . The buyer must immediately transfer all claims to us which he may axquire from the resale til his customer or a third party which correspond to our outstanding accounts including VAT irrespective of whether the goods covered by the retention of title were resold before or after processing . We shall accept this transfer . The buyer shall still be entitled to recover the debt from his customer . We reserve the right to revoke this right if the buyer does not meet his payment obligations . In this case the buyer shall be under an obligation to inform us of the debts transforred and by whom they are owed , to provide al necessary information regarding collection , to make all required documents available for enforcement and to inform his customer of the transfer .
3 . Processing of the goods covered by the retention of title shall be carried out by the buyer on our behalf without our incurring obligations of any type in this connection . In the case of processing , combining , joining or mixing the goods covered by the retention of title with other goods which do not belong to us , we shall acquire joint ownership of the new goods , pro rata according to the ration between the invoice value of the goods covered by the retention of title and the invoice value of the other goods . The buyer shall store the new goods on our behalf free of charge .
4 . As security for our claims against the buyer , the buyer shall also transfer to us such claims as he may obtain against a third party if the goods covered by the retention of title are installed or put into real property . We shall accept this transfer .
5 . In the case of breach on the part of the buyer we shall be entitled to repossess those of the goods which are covered by the retention of title / the buyer is under an obligation to return the goods in question to us . Such repossession of the goods does not imply that the contract in cancelled unless we so declare in writing .
6 . The buyer shall be under an obligation to insure the goods covered by the retention of title on his own account to a sufficient extent against theft , destruction , fire and damage by water .
7 . We shall be under an obligation to release the security to which we are entitled at the buyer ' s request when its value exceeds the secured accounts by more than 20 %.
12 . Disputes concerning goods supplied on these terms and conditions shall be decided according to Danish law with the municipal court in Skive as legal venue .