Brd. Klee A/S terms of delivery

Unless otherwise agreed or indicated below, the ordinary common Nordic sales and delivery terms as specified in the NL01 (copy available www.klee.dk) are valid.
 
1: Scope and Use
The following terms and conditions apply to all offers, sales and deliveries from Brd. Klee A/S, unless otherwise agreed in separate writing.
 
2: Prices
All prices are in DKK excl. VAT, duties or taxes. If the sale is agreed in foreign currency Brd. Klee reserves the right to price changes resulting from changes in exchange rates. Minimum order value for orders made through Brd. Klee’s E-business is DKK 100, - and for other orders DKK 400, -.
 
3: Payment
Payment must be made due to specified conditions as stated in the invoice. After due date default interest is calculated by 1.5% per month as well as compound interest. In addition an advance fee of DKK 150, - is charged.
 
The buyer is not entitled to offset the purchase price unless the counterclaim is acknowledged by Brd. Klee in writing. If Brd. Klee does not expect the buyer to be able to pay according to Brd. Klee’s terms of payment Brd. Klee is entitled to require security for the price.
 
4: Reservation of title
Goods sold remain the property of Brd. Klee until the entire order is paid.
 
5: Delivery
Delivery is ex works Albertslund, unless otherwise agreed in writing. Packaging such as pallets and pallet collars are debited each shipment. Brd. Klee does not accept return of pallets and pallet collars. If delivery is not done within the agreed delivery time and the buyer was not informed of delivery delays, the purchaser is entitled to agreed penalty under the rules of NL01. For customised products Brd. Klee reserves the right to supply the ordered quantity +/-10%.
 
6: Deficiencies
By deficiencies the Buyer must within 8 days after receiving the goods send s written claim to Brd. Klee. The buyer loses the right to rely on defects in the sold if complaint has not taken place within 12 months after deployment, maximum 18 months after delivery. Brd. Klee shall not be liable for losses, lost profits or other consequential financial loss occurred at the buyer or third parties arising out of the deficiency.
 
7: Product Liability
Brd. Klee is not responsible for buyer's use of the sold goods. Brd. Klee shall not be liable for losses, profits or other economic consequences occurred at the buyer or third parties arising out of defects in the goods sold. A claim or demand for proportional refusal to Brd. Klee cannot exceed the invoiced amount of the sold object.
 
8: Returning
Goods sold by Brd. Klee can only be returned after prior written agreement and after assignment of return order number. If goods are returned without an assigned return order number the goods are returned to the customer at his expenses. Returned goods must be free of damage, must be unused and packaging must be intact. Only products that are not customized can be returned. For any returned goods there will be calculated a fee of min. 15% of the invoiced price or minimum DKK 100 per returned product line. Products that cannot be reused will not be deducted. Credit notes with a value of less than DKK 300, - will not be issued. Customised products and products no longer in stock are not returnable.
 
9: Documents
All information and data in Brd. Klee’s general sales materials, either in writing or electronically on www.klee.dk/www.brd-klee.com, including drawings, product descriptions and objectives, may not directly or indirectly be deemed to contain guarantees and are binding only to the extent that the written agreement expressly refers to them. Brd. Klee is not responsible for errors in data from suppliers and Brd. Klee’s own documentation.
 
10: Force majeure
Brd. Klee shall not be liable for delay or failure to fulfil agreements reached as a result of force majeure, including war, insurrection, strike, lockout, blockade, export or import bans, confiscation, currency restrictions, fire, vandalism, natural disaster, a general scarcity of goods or other things that Brd. Klee has not been able to avoid and whose consequences Brd. Klee has been unable to avert. Both parties may terminate an agreement in writing where compliance has been impossible for more than 2 months due to force majeure.
 
11: Applicable law and jurisdiction
Any dispute that arise from these terms of sales and delivery shall be decided in a Danish court and the law court in Glostrup as venue.
 
The above conditions are valid from March 1st 2009 and replaces earlier versions.