Article 1: Applicability of these conditions. 

1.1 All proposals must be submitted with a declaration that these general terms and conditions of sale, delivery and payment apply both to the proposal and its acceptance and to the agreement thus established. 

1.2 The client’s general conditions only apply if it has been agreed in writing that these apply except these delivery conditions for the agreement between the parties. 

 

Article 2: Proposals, quotations. 

2.1 All proposals are non-binding unless they contain a deadline for acceptance. If a proposal includes a non-binding offer, we have the right to withdraw the offer. 

2.2 In the case of composite price offers, there is no obligation to deliver a part for the corresponding part of the price indicated for the whole.

2.3 Where reservations or changes concerning the proposal are included in the acceptance, as an exception to the provisions of Article 2.1, the agreement with only come into being if we have informed the customer that we agree with these deviations from the proposal. 

2.4 If there is not placed an order after the proposal is requested, the cost for this can only be charged where this has been agreed upon. 

2.5 For additional and extra work for which no price has been agreed the price paid shall be calculated based on cost. 

 

Article 3: Prices and price changes. 

3.1 All prices specified shall be exclusive of value-added tax (VAT) and other levies imposed by the Authorities. 

3.2 The prices we specified for the service to be performed apply only for such service and not for the shipment. 

3.3 We are entitled to increase the agreed price if one or more of the following conditions occur after the signature of the agreement: increase in the cost of materials or services necessary for the execution of the agreement, increase in shipping costs, wages, employer taxes and social security contributions, in the costs associated with other employment conditions, the introduction of new and increases in existing public taxes on raw materials, energy or waste, a noticeable change in exchange rates or in general conditions comparable to all of these.

 

Article 4: Delivery method; reservation of ownership. 

4.1 The delivery shall be made to the place where we carry on our business unless otherwise agreed. 

4.2 We shall not be bound to carry out delivery in parts. 

4.3 The client is not obliged to provide his full cooperation in the delivery of the goods to be delivered by us following the agreement. The customer is also in default without notice where he does not collect the goods to be delivered from us at our first request, or where delivery to his address has been agreed upon, he refuses to receive the goods.

4.4 Any delivery to the client shall be made on a reservation to title thereof until everything is paid to which the client is obliged upon the agreement including interest and cost. 

4.5 It shall be for the account of the client where the transport of the goods to be delivered is agreed upon. Unless free delivery has been agreed upon. The client shall only beat the risk during the transport of the goods. The carrier’s receipt of the goods from us is considered proof that these are in externally good condition unless the contrary appears by the consignment note or the receipt. 

4.6 Where storage is carried out shall be for the account and risk of the client. We shall not be responsible for the storage of the goods unless this is expressly agreed. 

 

Article 5: Delivery period. 

Delivery periods must never be considered deadlines, unless otherwise expressly agreed. We must be given written notification of default in case of late delivery. 

 

Article 6: Partial delivery.

Any partial delivery, including the delivery of components in a composite order, can be invoiced. In that case, payment must be made following Article 8 "terms or payment".

 

Article 7: Check upon delivery

7.1 The client is obliged to check with the appropriate speed after delivery whether we have fulfilled the agreement and is also obliged to notify us immediately in writing if he finds otherwise. The client must carry out the check just mentioned and give the relevant notification. 

7.2 We are always entitled to provide a satisfactory new service in place of the previously unsatisfactory service, unless the default cannot be remedied.

7.3 The fulfillment of the agreement is considered satisfactory between the parties, if the client has been in default of immediately carrying out the inspection or notification as referred to in paragraph 1 og this Article. 

7.4 Where the period of 34 hours referred to in the first paragraph of this article in accordance with criteria of reasonableness and fairness must also be regarded as unacceptably short for a careful and alert client, this period shall be extended at the latest until the first time when the check or notification given to us by the client is reasonably possible. 

7.5 Our service shall between the parties be regarded as satisfactory in any case where: The client has taken the good into use, treated orprocessed, or delivered to thirds parties the good delivered or parts of the good delivered or had them taken into use, treated or processed or delivere dto third parties unless the client has taken into account the provisions of the first paragraph of this article. 

 

Article 8: Terms of payment. 

8.1 Payment upon delivery must be made as shown on the invoice, unless otherwise is expressly agreed in writing.

8.2 Any discount will be applied to subsequent orders and will appear on the invoice. A discount amount cannot be paid out in cash.

8.4 In case the client is declared bankrupt, applies for suspension of payment, an application is playing under restraint is pending, any attachment is made on goods or receivables of client, client dies or where this is a partnership, a private limited company or a public company, it goes into liquidation, is dissolved or acquires another partner the payment of the purchase price shall be paid immediately.

8.5 If the client is in arrears with any payments, the amount shall be paid by the client up to the full amount, irrespective of the status of the orders and we can demand immediate payment thereof. If this appears the execution of any order is to be suspended until the payment is successful within a period set by us. If a payment has not been made within the given period we shall be entitled to cancel all orders from this client, despite all rights to compensation as provided in case of ‘‘cancellations’ in article 10. 

8.6 We can at any time withdrawn a suspension of payment. 

8.7 A payment is considered received when the amount in question has been deposited into the specified account.

8.8 A payment made by the client shall always cover all interest and costs. 

8.9 All costs, both extrajudicial and judicial, including costs for lawyers, bailiffs and debt collection agencies in connection with the collection of the amount that must be paid by the client and have not been paid on time, are the responsibility of the client. They are set at at least 15% of the amount in question and must amount to at least EUR 150.

8.10 Any applied order discount will be withdrawn if payment has not been received by KiteDanmark by the invoice due date. 

 

Article 10: Cancellations.

If the customer cancels the order placed in whole or in part, he is obliged to reimburse us for all costs already incurred for the purpose of the execution of this order and where we wish this to take the goods intended for the execution of this order at his expense at the prices included in the calculation by us. All of this is without prejudice to our right to compensation for lost profits and other losses arising from the cancellation.

 

Article 11: Force majeure. 

11.1 The delivery period mentioned in these conditions is extended by the period in which we are prevented from fulfilling our obligation due to a breach that cannot be attributed to us - further indicated by force majeure.

11.2 There is a case of force majeure on our part where, after signing the purchase agreement, we are prevented from fulfilling our obligations under this agreement or preparing for them as a result of war, danger of war, cicil war, revolt, war risk, fire, water damage, flooding, strike, occupation, lock-out, import and export barriers, government measures, faults in machinery, disruptions to the energy supply, all both in out company and at third parties, from whom we have to obtain all or part of the goods required as well as in case of storage or during transport whether or not under our own management, and also by all other causes which arise through no fault of outs or outside our sphere of risk. 

11.3 If the delivery is delayed due to force majeure for more than fourteen days, both we and the client are authorized to regard the agreement as terminated. In that case, we only have the right to be reimbursed for the costs that must be borne by us. 

 

Article 12: Liability. 

12.1 Our liability under the agreement with the client shall be limited to an amount proportionate to the agreed price in accordance with criteria of reansonableness and fairness. 

12.2 We shall not be liable for damage of any type whatever which arises because or after the client has, after delivery taken the goods into use treated or processed them, delivered them to third parties or had them taken into use, treated or processed or delivered to third parties. 

12.3 We are also not responsible for losses in the form of lost profit or reduction of goodwill in the company or the client’s business.

12.4 Where we are held liable by a third party for any damage for which we are not responsible under the agreement with the client or these terms of delivery. The client must fully indemnify us for this and reimburse us for anything we owe to this third party.

 

Article 13: Applicable law and disputes. 

13.1 Only Danish law shall apply to the ahreements between us and the client. 

13.2 All disputes between parties shall be settled by the competent Court in the district in which we are established. 

13.3 We shall however remain authorized to summons the client before the court competent in accordance with the law or the applicable international convention.