TERMS OF SALE AND DELIVERY

 

1. RANGE OF APPLICATION

For any purchase of products from KC Denmark A/S, the present Terms of Sale and Delivery shall be considered as an integrated part of the terms of trade applying unless otherwise agreed in writing.

These conditions shall exclude any deviating terms or conditions stipulated or referred to by the PURCHASER in connection with the placing of an order. In such cases KC Denmark A/S shall be entitled to cancel any quotations, order confirmations and contracts for the sale and delivery of goods unless the PURCHASER immediately upon having been asked to do so waives such deviating conditions of purchase in writing.

Any deviations to the present Terms of Sale and Delivery shall be in the form of a clear, unambiguous written agreement.

 

2. PRICES

For standard products, prices shall be stated to the KC Denmark A/S current price list excl. VAT, packing, delivery charges, and insurance. The insurance is 0,5 %, with a minimum charge of
EUR 5.

For additional documents, such as Certificate of Origin, signed by Chambers of Commerce, EUR1 Certificate, Letter of Irrevocable Credit (L/C), or similar, the actual costs will be charged to the PURCHASER. All expenses for the L/C in Denmark must be paid by the PURCHASER. Before opening the L/C the PURCHASER must send a draft to KC Denmark A/S for our perusal and comments, otherwise KC Denmark A/S reserves the right to refuse the L/C. All costs can be estimated upon request. Bank Guarantee to be issued by KC Denmark A/S, will not be considered nor provided.

Quotations and attachments will be sent by e-mail. Estimates for delivery time are always based on actual volume of orders and may vary. Information for availability is based on today's stock and subjects for goods being unsold. Delivery by courier is always invoiced to the PURCHASER, and KC Denmark A/S has the right to claim a prepayment for the expenses.

KC Denmark A/S reserves the right to give notice to the PURCHASER at any time before delivery.  Notice can be given in order to increase the price to reflect any increase in KC Denmark A/S costs due to any factor beyond the control of KC Denmark A/S (such as, and without limitation, any foreign exchange fluctuation, currency fluctuation, currency regulation, alteration of duties, significant increase in the cost of labour, materials or other manufacturing costs). KC Denmark A/S reserves the right by giving notice to the PURCHASER to increase the price to reflect any change in delivery dates, quantities or specifications for which is requested by the PURCHASER, or any delay caused by any instructions of the PURCHASER or failure of the PURCHASER to give KC Denmark A/S adequate information or instructions.

 

3. TERMS OF PAYMENT

For new customers all expenses inclusive shipping costs must be prepaid to our account. For well-known customers we offer a term of fourteen (14) days net from date of invoice unless other term agreed by KC Denmark A/S in written.

For very large orders, for custom designed products or for larger development a prepayment will be claimed as follows: For an order value up to EUR 25000 the percentage is 100 %, between EUR 25000 and 50000 we require a prepayment of 50 % on ordering and remaining balance before dispatch of the order. For orders exceeding EUR 50000, the corresponding values are 30 and 70 %. The estimated delivery time for an order starts upon receipt of the prepayment or the first part hereof.

If a prepayment is transferred to our account, and the order or part hereof is cancelled by the PURCHASER or by KC Denmark A/S for any reason, KC Denmark A/S reserves the right to subtract any reasonable costs occurred for materials, wages and similar costs.

The buyer is not entitled to withhold payment on the grounds of a counterclaim that has not been acknowledged in writing by KC Denmark A/S. Penalty interest at the rate of 2,0 % of invoice value per the first day of each month as well as a dunning charge of DKK 175/EUR 25 will be charged on overdue payments.

 

IMPORTANT: For all payments, the PURCHASER must defray all domestic expenses as KC Denmark A/S will defray bank costs in Denmark only. For payments via an intermediary bank, the PURCHASER must also pay the correspondent (intermediary) bank charges. Unless agreed by us in written, the PURCHASER must pay the invoice amount in EURO. For payment in another currency resulting in exchange loss to KC Denmark A/S, we reserve the right to invoice the PURCHASER for the loss, and to withhold the shipment, until the PURCHASER has paid the additional costs to our account.

 

4. TERMS OF DELIVERY

If delivery is exclusive of freight, the terms of delivery shall be EX. Works (INCOTERMS 2010), KC Denmark A/S factory, Silkeborg. The risk shall pass to the PURCHASER upon collection of the goods at KC Denmark A/S factory.

If delivery is inclusive of freight, the terms of delivery shall be CIP (INCOTERMS 2010), the agreed destination. The risk shall pass to the PURCHASER upon delivery of the goods to the PURCHASER at their destination. Any delay or additional costs for demurrage at local customs shall be borne by the PURCHASER unless otherwise agreed in writing. Unless other agreement is made in written, a door-door delivery (DAP terms) includes the customs clearance fee, but no VAT or other local fees.

Delivery to an airport, where the client picks up the goods himself, does not include any customs clearance, VAT or other fees. All cables and wires will be delivered at the ordered or specified length, ±3 %.

The ECS-2 fee is mandatory for shipping's outside the EU. The ECS (Export Control System) secures that all exported goods are subject to a risk assessment and physical checks, if necessary, before leaving the EU. The additional costs must be paid by the PURCHASER. For shipping by air freight there may be an additional fee for security screening at the airport in Denmark, minimum costs of EUR 20 + a fee/each kg.

 

5. CAVEAT EMPTOR - DUTY TO EXAMINE THE GOODS

The customer shall examine carefully whether goods delivered are as agreed, and in so far as this is not the case, any claim shall, without undue delay and not later than three (3) days upon the date of delivery, be lodged in writing with KC Denmark A/S and the carrier/forwarder. If the freight forwarder does not receive a written inquiry within the said period, any action will be considered to have lapsed.

 

6. IMPORTANT RULES ON RECEIVING GOODS

If any complaint concerning transportation damages or other damages to the goods on its way to the purchaser has to be handled by our insurance company, or us, it is necessary that the PURCHASER make a written reservation to the carrier and to KC Denmark A/S. It is strongly recommended to enclose one or more photos showing any damages on the product as well as on the packaging itself. This means, that the PURCHASER or his representative has to unpack the goods and do the written reservation within 3 days after receiving the goods. Claims for transportation damages received after 3 days will not be accepted.

If the written reservation is missing, the PURCHASER will be liable for the total amount of the invoice inclusive all shipping costs. All expenses in connection with repair of the goods as well as all shipping costs shall be borne by the PURCHASER. If KC DENMARK A/S accepts sharing the costs, all agreements shall be in written and KC DENMARK A/S decides the shipment method as well as the forwarder for returning the goods.

Any return of goods without our permission in written is at the purchaser's risk, as we do not cover insurance or shipping costs. KC DENMARK A/S may demand photos showing the damages etc. before returning any goods or parts hereof.

 

7. WARRANTY

KC Denmark A/S provides a 12 months' guarantee on all deliveries, starting from the date of delivery:

On receipt of a justified complaint, KC Denmark A/S will remedy defects in a product, and KC Denmark A/S reserves the right to return a replacement product when necessary.

The guarantee will lapse if the item has not been installed, maintained, stored or treated correctly. Any overload, modification(s), attempts to repair, use of non-original spare parts or accessories as well as unauthorized mesh might affect the warranty. Some items like sample tubes, liners, lines, seals, etc., will be considered as a consumer's article and might be covered by a limited warranty. Normal wear and tear caused by operation will not be coverable by the warranty. For certain items, PP/PVC/acrylic tubes, rubber seals, motor houses with or without Fluorinert, etc., a long exposure to direct sunlight or lack of clean-up for salt water might affect the durability and stability of the products and will remain uncovered by the warranty. If KC Denmark A/S elects to remedy the defect, the defective product must be send to KC Denmark A/S, Holmbladsvej 19, DK 8600 Silkeborg, Denmark. The required repairs will then be made as quickly as possible within normal hours of work. Any costs incurred by the buyer in connection with arranging the repair, including travel and accommodation costs, are of no concern to KC Denmark A/S. Under no circumstances will KC Denmark A/S be liable for operating loss, loss of time, loss of profit or similar losses. When repairing under warranty, there is no renewal for the warranty period.

KC Denmark A/S will not be liable for any defects arising from materials supplied by, or a design stipulated or specified by the PURCHASER. KC Denmark A/S is liable only for defects, which appear under the conditions of operations provided for and under proper use of the goods.

All shipping costs for delivery to KC DENMARK A/S and returning goods from KC DENMARK A/S for remedying of faults and deficiencies shall be paid by the PURCHASER whatever for the reason of complaint. If an item is tested as faultless according to the fault description, a test charge shall be made.

 

8. RIGHT TO ANNUL AND RIGHT TO RETURN

For purchase orders confirmed, no right to annul and no right to return shall apply, and any return of goods delivered shall be accepted only if expressly agreed.

Any return agreed by KC Denmark A/S, shall be returned, at no cost to KC Denmark A/S and must be shipped in unopened and undamaged original packing. KC Denmark A/S reserves the right of making a cancellation/return charge or invoicing the actual costs if the returned goods have any defects, which may cause a lower market value.

Custom designed items and any goods purchased at the PURCHASER'S order cannot be returned.

 

9. RISK

Any risk for goods delivered shall pass to the PURCHASER upon delivery.

 

10. DISPUTES

Any disagreements concerning sale, delivery and related matters shall be decided under Danish law and shall be instituted at the Court of Silkeborg, Denmark.

 

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Ver. 2.65 - Rev.: January 8, 2019 - lkj