Sales and delivery terms
Effective from September 1, 1996
The following sales and delivery terms apply unless otherwise agreed between Ole Nonbye a/s (Nonbye) and the buyer.
A. Offers
Submitted offers, which must always be in writing, are valid for 30 days from the date of the offer, unless otherwise stated in the offer/agreement. All prices in offers and order confirmations are exclusive of VAT.
B. Order Cancellation
If an agreement is made to cancel a submitted order at the buyer’s request, we reserve the right to invoice all incurred and committed costs related to the order. Nonbye may cancel a previously confirmed order if the buyer has an unresolved financial matter with Nonbye.
C. Delivery Terms
The stated delivery terms are set according to our best estimate, but are not binding, and delays do not entitle the buyer to any remedies for breach of contract other than canceling the purchase, and only if the delay is significant. Stated delivery times are ex works. Unless otherwise agreed, delivery is ex works at the buyer’s expense and risk. Even if Nonbye bears the costs of transporting the goods, the buyer still bears the risk for accidental events affecting the goods after delivery. The buyer must ensure any insurance coverage against transport risks. The delivery time is subject to strikes, lockouts, operational disruptions, delays from our suppliers, and other circumstances beyond our control. In connection with special tasks (e.g., screen printing or cold and hot stamping), we reserve the right to an over- or under-delivery of 10%.
D. Shipping
The shipping method is chosen at our best discretion unless the customer expressly specifies otherwise. For express and air shipments, or if the buyer desires a shipping method that deviates from our normal shipping method, we reserve the right to charge the buyer the full freight cost.
E. Invoicing and Payment
Payment terms are net cash unless otherwise agreed in writing. If the due date is exceeded, the invoice amount is subject to a 1.5% charge per commenced month plus an administration fee. We reserve the right to change the interest rate if there are changes in the discount rate. Payments cover any due interest first.
F. Complaints
The buyer must inspect the goods immediately upon receipt, and any complaints must be made no later than 8 days from receipt of the goods. Unless otherwise agreed, defective goods that are the subject of a complaint must be returned to Nonbye immediately in the same condition as received. Complaints do not entitle the buyer to withhold payment for the delivered goods. Nonbye cannot be held liable for compensation, etc., exceeding the value of the goods. It should be expressly noted that Nonbye is not liable for operational losses or other indirect losses due to missing, delayed, defective, or otherwise incomplete deliveries.
G. Returns
Delivered stock items are only accepted for return by prior agreement. Credit will be given at 75% of the invoiced value. Goods returned without prior agreement will be refused. Returns are at the buyer’s expense. Specially processed items, specially purchased goods, and stock items cut to size will not be accepted for return.
H. Ownership
Ownership of the sold goods remains with Nonbye until the entire purchase price, including interest, costs, etc., has been fully paid. Items we have produced for use in the delivery, such as preparatory work, reproduction and printing media, including films, tools such as stamping and embossing tools, and similar, as well as materials stored electronically by us (logos, designs, texts, images, etc.) are the property of Nonbye and cannot be claimed after the work has been completed, regardless of whether the produced items were separately invoiced.
I. Product Liability
For damage to persons or property, the seller is liable to the extent liability can be imposed. However, the seller assumes no liability for operational loss, time loss, loss of profit, or similar indirect losses.
J. Disputes
Any disputes regarding Nonbye’s deliveries or the interpretation of these sales and delivery terms should be resolved through negotiations between the parties. If these negotiations do not lead to a resolution, any legal action must be brought before a Danish court and decided in accordance with Danish law.