Sales and delivery terms Safefloor ApS
1. Applicability
1.1 These terms of sale and delivery are applicable to the extent that they are not derogated from by written agreement. The buyer’s terms of purchase will not apply unless they are accepted in writing by SAFEFLOOR ApS.
2. Offer and order confirmation
2.1 No offer made by SAFEFLOOR ApS is binding. An offer will not become binding on SAFEFLOOR ApS until after SAFEFLOOR ApS has forwarded a written order confirmation.
3. Price and payment
3.1 All prices are excluding VAT. Deliveries will be made at the prices applicable at the time the order was placed.
3.2 The payment terms are as stated on the invoice. If payment is delayed ,interest will be added at 1.5 % per month started.
4. The scope of the delivery
4.1 Delivery comprises only the services described in the order confirmation that has been issued.
4.2 SAFEFLOOR ApS is entitled, without notice, to make alterations and adjustments to products. This will apply regardless of previously shown samples. All technical specifications are provided with reservations for such alterations. No claim may be brought against SAFEFLOOR ApS in connection with any changes that have been made.
5. Delivery and transfer of risk
5.1 All deliveries will be made EXW, unless otherwise agreed in writing. The risk will be transferred when the delivery is collected.
5.2 If delivery has been agreed upon, the risk will be transferred according to the last updated version of the INCOTERMS.
5.3 If delivery to the end user has been agreed upon, the risk will similarly be transferred at the time of delivery, regardless of whether the end user is present at the time and/or place of delivery.
6. Delay
6.1 Stated delivery times are determined by estimation.
6.2 SAFEFLOOR ApS does not assume liability for compensation if delivery is delayed. Safefloor ApS Bjødstrupvej 10 DK-8410 Rønde +45 8615 1925 info@safefloor.dk www.safefloor.dk Side 5/5 Sales and delivery terms Safefloor ApS
6.3 Force Majeure: strikes, lockouts, operational interruptions and delayed delivery from subcontractors or the like will always delay the delivery time correspondingly.
6.4 If, due to war, riots, bans on import or export, or similar situations, it is impossible or associated with extraordinary difficulty to obtain materials or carry out the order, the seller is entitled to cancel the offer and the order.
7. Defects
7.1 The buyer must check and examine the delivery immediately and within 48 hours after receiving it.
7.2 Any complaints about products delivered must be made immediately in writing, and with pictures documenting the defects.
7.3 SAFEFLOOR ApS will send replacements for any defective items as soon as possible.
7.4 SAFEFLOOR ApS assumes no responsibility for indirect losses resulting from errors such as operational errors, loss of time, loss of profits and the like.
8. Limitation of liability
8.1 SAFEFLOOR ApS is only liable for personal injury or damage to property if it can be proved that the injury or damage was caused by error or neglect on the part of SAFEFLOOR ApS or others for whom SAFEFLOOR ApS is responsible.
8.2 SAFEFLOOR ApS is not liable for damage to real property or chattels which may occur while the goods are in the buyer’s possession.
8.3 Nor is SAFEFLOOR ApS liable for damage to products manufactured by the buyer, or for products in which these are included.
8.4 SAFEFLOOR ApS cannot be held liable for the function of safety surfaces, unless all materials/components have been purchased from SAFEFLOOR ApS. 8.5 If any third party should bring a claim against SAFEFLOOR ApS arising from an action by the buyer that incurs liability, the buyer is altogether responsible for indemnifying SAFEFLOOR ApS for all costs in this connection. 8.6 SAFEFLOOR ApS will never accept liability for operational losses, loss of profits and/or other indirect losses.
9. Disputes and governing law
9.1 If any disputes between the buyer and SAFEFLOOR ApS cannot be settled through negotiation, they shall be settled according to Danish law at the district court in Aarhus.
9.2 To the extent that SAFEFLOOR ApS is held liable to third parties arising from the buyer’s affairs, the buyer is obligated to submit to a case brought against it at the same court that deals with the claim against SAFEFLOOR ApS