SALES AND DELIVERY TERMS - DAHETRA A / S
“ The following terms of sale and delivery applies to the client and Dahetra A / S unless other terms are explicit agreed between the parties .”
1 . OFFER AND AGREEMENTS
Quotations are valid for 30 days
Quotes are valid from the day costumer accept the offer
Dahetra A / S may invoice the client for creative layouts ,
artworks and other creative works .
2 . PRIZES
2.1 . All prices are in EUR excl . VAT , ex works , Stilling , Denmark . 2.2 . Prices are liable to change due to changes in exchange rates or price changes from our suppliers .
2.3 . On orders of less than 55,00 EUR a handling fee of 15,00 EUR is added . ( This does not apply to textile orders without print or embroidery )
2.4 . In addition to offers , or agreed prices , Dahetra A / S reserves the right to recalculate the price if : - Extra work occurs as a result of deficient material from client . - Extra work due to clients changes of delivered material after production has started . - Overtime work or equal measures , which will be agreed with client after agreement is concluded . - Storage , delivery , handling and delivery of digital or analogue materials or tools after main delivery has taken place . - Extra work as a result of the agreement being delayed due to the clients own circumstances and actions
3 . DELIVERY
3.1 . Delivery is done by agreement with the client without prejudice to : - The clients action or omission - Failure or damage to production equipment , which can be proven to have caused delays . - In case of any kinds of work conflicts . - Situations that Dahetra A / S has no control of e . g . Force majeure and similar situations .
3.2 In addition to above mentioned points Dahetra A / S is entitled to extend or cancel the agreement .
3.3 If no time of delivery has been agreed - Dahetra A / S will determine a time of delivery .
4 . PAYMENT
4.1 . Payment is due to the date , that is stated on the quotation , order confirmation or invoice as payment date . Otherwise payment is cash upon delivery .
4.2 . Late payment interests incurred after debts in accordance with the general law of the Interest Act .
5 . OWNERSHIP , COPYRIGHT ETC .
5.1 . Dahetra A / S owns the copyright of the by Dahetra A / S developed work and concepts , artworks etc ., and may not be handed over to third parties without approval by Dahetra A / S .
5.2 . What Dahetra A / S has provided of materials , tools etc . for the use purpose of the deliverance is the property af Dahetra A / S . This also applies despite that it has been invoiced .
6 . VIOLATIONS
6.1 . If a delivery is delayed from Dahetra A / S , which cannot be attributed to the company ’ s circumstances , the client is entitled to set a reasonable deadline before the expiry of which delivery from Dahetra A / S must be made . If delivery does not take place within the expiry of the deadline , the client is entitled to cancel the order and demand compensation for direct losses .
6.2 . If the client has not objected to the received preproduction sample from Dahetra A / S , and the deliverance is equal to the sample or agreed terms in general , the order is considered to be fulfilling the agreed requirements .
6.3 . It is the clients responsibility to check received transfers for errors of any kind . This includes colors , size , and the design and the motif before applying on to the textiles .
6.4 . Dahetra A / S is not responsible for faults or defects that the client has not corrected in writing , concerning order confirmations , proofreading , printings , proofing etc .
6.5 . Dahetra A / S is entitled to remedy defects or make replacements for the defective parts of an order . If the remedy or replacement of Dahetra A / S is not made within a reasonable time , the client is entitled to cancel the order and demand compensation for the direct losses .
7.1 . Reklamation over mangler og forsinkelse ved leverancer skal ske skriftligt af bestilleren straks og ellers uden ugrundet ophold . I modsat fald taber bestilleren retten til at påberåbe sig manglen over for Dahetra a / s .
7.2 . Bestilleren er pligtig til at godkende ordrebekræftelse , korrektur mv . ved modtagelse af ordrer . Såfremt dette ikke sker , kan bestilleren ikke gøre mangler gældende .
8 . Liability Obligation
8.1 Dahetra A / S and the client is liable for damages in accordance with Danish law ’ s general compensation rules . 8.2 Regardless of any conflicting terms in the contractual basis , 8.3 Dahetra A / S is not liable towards the client for non-fulfillment of obligations , which can be attributed to force majeure and similar circumstances .
8.4 Dahetra A / S will , at no point nor for any reasons , be liable for the clients operating losses , losses of profit , losses of time nor other indirect losses , e . g . losses of production , sales , profits , time or goodwill , unless the financial loss is caused intentionally or through gross negligence . Dahetra A / S will at no time be liable for damages , if the clients products are processed .
Liability of the product
8.5 Regarding products - the rules in force in Danish law apply at any time
8.6 To the extent that nothing else is stated in mandatory rules and Dahetra A / S has not acted intentionally nor through gross negligent , the company is not liable for indirect losses
8.7 The client must indemnify Dahetra A / S in cases , where the company is liable for third parties for such damage and losses for which the company is not liable in accordance with item . 8.5 to 8.6
8.8 Dahetra A / S will at no time be liable for damages , if the clients products are processed .
Intellectual property assets
8.9 Dahetra A / S has no responsibility for the clients lack of authority for the use of the materials used for the order . If Dahetra A / S is liable to thirds parties , the client is obliged to indemnify the Dahetra A / S .
9 . RETURNED GOODS
9.1 . Return of goods must be in original packaging and accompanied by a correctly completed Dahetra A / S return slip and also a copy of the invoice . The goods will not be refunded and will be returned to the client at the clients expense and risk .
9.2 . Goods received from Sweden ( Grizzly , DAD , Harvest , J . Harvest & Frost , Mac One and Jingham ) must be returned to Dahetra A / S in Denmark .
9.3 . Please return goods within one month after receipt , in order to get a refund .
9.4 . The client is invoiced for the handling of the returned goods equal to 15 % of the price of the goods .
9.5 . Returned goods must be sent DDP Skanderborg ( Incoterms 2010 ).
10 . APPLICABLE LAW AND JURISDICTION
10.1 . Disputes concerning the interpretation of the agreement , the fulfillment of the contract terms or enforcement can only be brought before the court in Horsens , Denmark . Disputes are assessed according to these sales and delivery terms and , in the alternative , Danish legislation .
Prices are liable to change due to changes in exchange rates or price changes from our suppliers .
7 . REKLAMATION