Skovgaard Jensen 1903

Terms &

1. Contractual basis

The terms below shall apply to any purchase from and sale to Skovgaard Jensen, Central Business Reg. No. (CVR) 40 38 31 23. These terms constitute the total contractual basis together with the purchase agreement, Skovgaard Jensen quotation, order confirmation and invoice.

2. Conclusion of the purchase agreement

An order is not binding until the customer has received a written or electronic order confirmation. If the order confirmation deviates from the customer’s order, and the customer cannot accept such deviation, the customer must immediately and within three (3) working days notify Skovgaard Jensen thereof in writing.

Quotations from Skovgaard Jensen are binding for a period of fourteen (14) days from the date of quotation.

Skovgaard Jensen’s information about price, delivery, characteristics are only to indicate and not a guarantee. Skovgaard Jensen is not liable for ensuring that the delivered goods meet the customer’s requirements or comply with the intended use.

3. Delivery

Upon receipt of an order, Skovgaard Jensen will provide an estimated delivery date. If this delivery date is not adjusted within three (3) working days after receipt of the order, the estimated delivery date + fourteen (14) days shall apply to the delivery.

Skovgaard Jensen may offer delivery and removal against payment. Delivery has taken place when Skovgaard Jensen has shipped the product or informed the customer that the product is available for pick-up.

The customer’s request for amendments or additional purchases may extend the total delivery time.

If delay in delivery has been caused by force majeure or the customer’s action or failure to act, the delivery time will be extended accordingly.

4. Prices

Prices are stated exclusive of delivery costs and VAT.

Until delivery has taken place, Skovgaard Jensen may increase prices as a result of exchange rate changes, changes in cost prices, customs duties, charges, freight, insurance and other costs outside Skovgaard Jensen’s control. In any given situation, the customer has five (5) days to cancel the order, which must be done in writing before the time of delivery.

5. Payment & Interest

Unless otherwise agreed, 50% of the total amount is due when the order is placed and 50% before shipping. Credit granting requires a prior written acceptance from Skovgaard Jensen, and even if credit has been granted, Skovgaard Jensen may, without reason, amend this to prepayment.

After the due date, Skovgaard Jensen’s claim will carry interest at the rate of 2% per month. The customer cannot effect a set-off against Skovgaard Jensen’s claim for payment, and any complaints about delays, defects etc. do not exempt the customer for payment when due.

6. Ownership Reservation

Skovgaard Jensen retains ownership of the delivered goods until payment has been received in full. If payment has not been received in full, the customer cannot sell, lease or pledge the delivered goods.

7. Complaints, returns and defects

Skovgaard Jensen does not offer any guarantees as to the products sold, which must be inspected by the customer immediately upon receipt. Any complaint of defects must be made immediately and no later than eight (8) days after the defect is noted or should have been noted, and at the latest twelve (12) months after delivery. Complaints must be submitted in writing, including justification and documentation. In case of a late or insufficient complaint, the customer’s claim against Skovgaard Jensen will lapse.

Incorrect use and disregard of instructions and guidelines from Skovgaard Jensen or Skovgaard Jensen’s suppliers does not represent a defect, and any claim for defect will lapse if the product has been amended or in case of any wrongful interference with the product.

In case of defects, Skovgaard Jensen may deliver goods in replacement or take remedial action, and if this is done within reasonable time, the customer’s right to cancel or submit a claim for payment against Skovgaard Jensen will lapse. In case a complaint is unjustified, Skovgaard Jensen may invoice the customer for costs of examination, redelivery and/or remedial action.

8. Product liability

Skovgaard Jensen is not liable for personal injury, damage to property or damage to buildings caused by the product sold or for damage to products where Skovgaard Jensen’s product forms part, unless Skovgaard Jensen has acted intentionally or with gross negligence, cf. also the limitation of liability in clause 9.

9. Limitation of liability

Skovgaaard Jensen shall under no circumstances be liable for indirect damages or losses of any kind, including claims for liquidated damages, which the customer may incur towards a third party and include.

Claims based on the law of sale of goods or the law damages cannot exceed 50% of the amount paid by the customer for the product to which the claim relates. In case of product liability, Skovgaard Jensen’

10. Disputes

Any disputes between the customer and Skovgaard Jensen shall be settled pursuant to Danish law by the Court of Aarhus, Skovgaard Jensen’s home court. However, Skovgaard Jensen may choose to take legal action in the customer’s home court.