General terms and conditions of sales and deliveries at ASAPack
Terms of Order intake
1. Offers only become binding by order confirmation.
If the offer is accepted when ordering from an ASAPack representative, the order will be binding, unless ASAPack after receiving notice accordingly declares that this cannot be accepted.
2. The price is applicable at the date of the order confirmation. In case of delivery that is agreed later than 1 month is the price applicable from the date of the delivery.
In case of general price changes between the time of order confirmation and delivery on goods, agreement related wages, taxes and fees, exchange rate of the Danish crown relative to foreign currency or other similar matters that is beyond ASAPack’s control is ASAPack correspondingly entitled to increase the price. Price changes as such are to be notified to the customer before the order is delivered. A handling fee is imposed on smaller orders.
Terms of Delivery
3. Delivery is ex works (ex works Incoterms 2000). ASAPack ensures the dispatch and select shipping method. The dispatch is at buyer’s own expense and risk.
4. The buyer is entitled to annul an order up to 30 days delay after the agreed delivering date. ASAPack can alone be responsible for delivery delay if ASAPack demonstrably is to blame due to ASAPack’s negligence. ASAPack cannot be held responsible for any kind of indirect loss, such as operational loss, loss of time, profit, lease or buyer-inflicted daily fines.
Terms of Payment
5. Payment for delivery must take place no later than the invoice stated payment date. At subsequent payment the buyer is obliged to pay interest that is at any time provided for default interest under the Act on interest for late payment.
Terms of Purchase Obligation
6. The buyer is obliged to purchase the goods within the period of maximum 6 months after order confirmation in the case of obtaining goods. In case the buyer does not purchase the products on time, ASAPack is entitled to bill invoice finished products with 100% and intermediate goods, with 85% of the agreed purchase price. ASAPack is also entitled to bill warehouse rent. Charged products are at buyer’s own risk. If the goods are not purchased within 1-year period is ASAPack entitled to discard the goods, which still does not release the buyer from the obligation to pay for the goods.
Terms of Retention of title
7. The goods remain property of ASAPack until all amounts, including costs of delivery, dispatch and insurance that concern the goods are paid. Until this is done the buyer is not entitled to resell the goods or at any way be disposable of the goods in a manner that is contrary to the Act of retention of title.
Terms of Defects and Warranty
8. The buyer must immediately before the goods are delivered and out into service, make proper control of the delivered goods. If a sound control is not made or is subsequently found lacking, which could or should be detected before use is ASAPack not responsible for any inaccuracies.
9. If a buyer wants to plead a lack, the buyer must immediately after detecting the lack, accordingly give ASAPack a written notification, stating the nature of the defect.
10. ASAPack’s liability for defects is always and in every situation limited to, after ASAPack’s choice and within a reasonable time, either to make a replacement, repair or notify the buyer one of ASAPack’s proportionate reductions. The buyer shall have no other remedies available.
11. Does the buyer not plead a lack to ASAPack within a period of 3 months after the date of the delivery, the buyer can no longer rely on it.
12. Changes or alterations to the goods sold without the consent of ASAPack deprives ASApack of any responsibility or obligation.
Terms of Liability
13. ASApack’s liability is limited to direct damage / loss, and is regardless of cause or type of claims limited to the amount that the buyer has paid for the item (or lacks at the same).
14. ASAPack is under no circumstances liable to the buyer for lost profits, lost savings, business interruption, moreover, or other incidental or consequential damages. ASAPack is not responsible for buyer’s use of the products.
Terms of Product Liability
15. For product liability is ASAPack liable under the provisions of the Product Liability Act, which cannot be derogated by agreement. ASAPack disclaims responsibility for product damage on any other basis. Product liability can in amount not exceed the coverage of ASAPacks product liability insurance. In case of any anything else provided by mandatory provisions is ASAPack not responsible for loss of profits or other indirect losses.
16. The buyer must promptly notify ASAPack if a third party makes a product liability claim against the buyer. If ASAPack is to be sued by third parties in connection with product liability, the buyer acknowledges to be brought into the action of the case or be sued in the court or tribunal that is proceeding the case.
17. If ASAPack incurs liability to third parties, the buyer is obliged to keep ASAPack indemnified to the extent that ASAPack’s liability is waived or limited by these general terms and conditions or the agreement.
Governing Law and Jurisdiction
18. The legal relationship between the buyer and ASAPack is subject to Danish law and disputes projected from the legal relationship is to be determined by ASAPacks venue.