Terms of sale and delivery for JOHN MAST A/S
Unless otherwise agreed in writing, any delivery shall be made on the basis of the following Terms of Sale and Delivery:
§1 Quotation and Order Confirmation
A quotation from JOHN MAST A/S shall cease to apply if written acceptance hereof has not been received by JOHN MAST A/S within three weeks from the quotation date. If JOHN MAST A/S has not made a quotation, the final order shall only be regarded as having been entered into upon JOHN MAST A/S's written order confirmation.
§2 Delivery Time
The time of delivery will be stated in the quotation or order confirmation. JOHN MAST A/S's liability for the goods sold shall cease and the risk shall pass to the Buyer upon delivery of the goods.
§3 Place of Delivery and Prices
All goods shall be delivered ex works JOHN MAST A/S. Transport from the place of delivery shall be for the Buyer's risk. Costs for transport and insurance, etc. from the place of delivery shall be for the Buyer's account. VAT will be added to all stated prices at the current rate of VAT at any given time.
§4 Payment
Payment shall be made net cash on delivery unless otherwise agreed. In the event of any late payment, default interest will be charged at an interest rate of 2 % per commenced month from the due date of payment.
§5 Delay
In the event of any delays resulting from JOHN MAST A/S not having received raw materials from its suppliers, the Buyer cannot cancel the purchase until 14 working days after the raw materials have been received for further processing by JOHN MAST A/S.
If the delay is not due to non-delivery of raw materials from suppliers, the Buyer may only cancel the purchase if the Buyer has made a prior written demand for delivery at minimum 14 working days' notice.
JOHN MAST A/S will not assume any liability in the event of any delay. This shall apply to both the Buyer's direct loss and the Buyer's indirect loss in the form of business interruption loss, loss of time, loss of profits or any other indirect loss.
§6 Defects
If any defects are ascertained, JOHN MAST A/S shall be entitled, at its own option, to remedy the defect or replace the defective goods.
In such case, the Buyer shall not be entitled to cancel the delivery, nor shall the Buyer be entitled to claim compensation for any consequential damage or loss incurred as a result of the ascertained defect.
JOHN MAST A/S's duty of remedial action or replacement shall not comprise any defects that are due to overload, unusual wear or incorrect mounting or assembly. The duty of remedial action or replacement shall also lapse if the Buyer interferes with or makes changes to the goods delivered, either himself or via a third party, or if the Buyer fails to meet his payment obligations.
Remedial action or replacement shall be provided at JOHN MAST A/S's factory. Transport of defective goods to and from the factory shall be for the Buyer's own account and risk.
§7 Complaints
The Buyer shall be under an obligation immediately to examine the delivered goods carefully.
A complaint about any visible defects in the delivered goods, including a complaint about non-delivery of accessories or faulty delivery, must be received by JOHN MAST A/S within 14 days from when the delivery was made.
A complaint about other defects in the goods delivered must be received by JOHN MAST A/S within one year from when the delivery was made.
§8 Product Liability
John Mast A/S shall be liable for personal injury or damage to property in pursuance of the Danish Product Liability Act. No compensation will be paid for any damage to property for commercial use.
John Mast A/S will not in any case whatsoever assume liability for any business interruption loss, loss of time, loss of profits or any other indirect loss.
§9 Proper Venue and Governing Law
The city court in Copenhagen (Københavns Byret) is agreed as the proper venue for any and all disputes regarding deliveries made by JOHN MAST A/S. The disputes shall be settled in accordance with Danish law, and the Danish Sale of Goods Act shall also apply to international deliveries.