Terms of sales- & delivery
(June 2019)
1. General information
All the below mentioned terms are valid for all EV-METALVÆRK A/S (EV)'s quotations, order confirmations, sale and deliveries unless EV makes an exception in writing.
2. Price
Prices in catalogue, price lists, quotations and order confirmations are ex works, exclusive of VAT.
Prices in quotations are based upon current prices for raw materials. By changes in prices for raw materials and components until receipt of order, EV reserve the right to adjust the prices according to the changes. An accept of a quotation is therefore only binding for EV at the possible adjusted prices.
Minimum invoicing is DKK 1000,00 + freight (Euro 135,00 + freight) which means that purchase orders under the minimum will be invoiced up to the minimum + freight.
EV's catalogue items are usually packed in bags with 10 pieces, and by purchase of quantities, which cannot be divided with 10 pieces, an extra charge of DKK 50,00 (EUR 6,72) will be added to the invoice.
3. Payment - Penal interest
The term of payment for our account customers is current month + 30 days. By payment after this time we will charge interest. The interest is stated on the invoice.
All articles remain our assets until full payment has been settled.
4. Delivery
Delivery is ex works. The consignment will usually take place 1-2 working days before the agreed delivery time.
The delivery takes place with the usual transport on buyer's own account and risk.
According to special made items EV reserve the right to deliver +/- 10% of the ordered quantity.
5. Delivery time
Delivery times are stated according to our best judgement with subject to unpredicable circumstances. Delivery times will be stated from the date, when we have all the needed information about the consignment.
EV renounce responsibility for delayed deliveries as a consequence of force majeure and other circumstances outside EV's control, e.g. delays from works, supplier, conflicts or transportation.
If the delivery time is exceeded - without cause from any of the abovementioned circumstances - and the consignment is still not delivered, the buyer can claim delivery and stipulate a final, fair time which however, cannot be less than 7 working days.
If this stipulated time has expired the buyer can cancel the agreement in writing - but only the delayed part of the consignment.
In case the buyer cancels the agreement according to the abovementioned definitions, he has the right to claim compensation from EV regarding the extra costs, which he has had by purchasing the items elsewhere.
The compensation cannot exceed 10% of EV's price for the delayed part of the consignment. Exept from this compensation any other claims regarding a delayed delivery will be declined.
6. Returned goods
Items can only be returned according to an agreement, and if they are in unbroken packaging. There will be a 20% deduction of the invoiced amount.
7. Complaints
EV must receive a complaint within 8 working days after buyer's receipt of the goods.
8. Responsibility for defects
EV is committed to replace deliveries in a period of 6 months from delivery date, if the goods are defective because of faults in construction, materal or manufacture.
Beyond this EV has no responsibility for defects or reduced benefits or defective deliveries. EV is not responsible for loss on operations, lost earnings or other indirect losses.
9. Product liability
EV is only responsible for personal injury, if it can be proved, that the defect is caused by faults or negligence from EV's employees or other persons, who EV is responsible for.
EV is not responsible for damage on real property or movable property.
EV is not responsible for loss on operaions, lost earnings or other indirect losses.
If a product liability is claimed against EV from a third part the buyer is committed to indemnify EV in the same extent, as EV's responsibility is limited.
10. Changes
The prices, pictures, drawings, measures, weights and dimensions in catalogue, leaf lets, news letters and price lists are without obligations and can be changes without notice.
EV endeavour to give a notice of min. 15 days by change in prices.
11. Legal venue
Any dispute, which is caused by the abovementioned terms of sale and delivery will be settled by the ordinary courts of law and with Ringkøbing City Court/Western High Court as legal venue and according to the valid rules of law in Denmark.