Terms of Sale and Delivery
The following terms of sale and delivery for Hammer Tæpper A/S shall apply to all orders unless otherwise is agreed in wri-ting.
Acceptance of Orders
Any order accepted by Hammer Tæpper A/S shall be subject to force majeure, inadequate sales of the design ordered and subsuppliers' failure to deliver materials required for production. A binding contract of sale when it is received by Hammer Tæpper A/S.
Hammer Tæpper A/S shall be entitled to require secured payment in case satisfactory credit information about the customer cannot be obtained.
Terms of Delivery
All goods shall be delivered ex works in accordance with the
ICC's Incoterms 1990, unless otherwise expressly stated on the confirmation of order.
Time of Delivery - Delays
Hammer Taepper A/S reserves the right to postpone the date of delivery for 14 days. In case of delays attributable to circumstances construed as being force majeure situations, the date of delivery shall be postponed for the duration of any such circumstance preventing delivery.
Hammer Taepper A/S shall also be entitled, at its option, to either postpone the delivery of an order or to cancel an order if the customer fails to make payments for goods previously delivered. This does not entitle the customer to cancel precent orders.
Prices
Any prises quoted shall be subject to changes in customs duties and excise taxes of any kind and sudden exchange rate fluctuations. In case Hammer Taepper A/S intends to invoke any such change, Hammer Taepper A/S shall inform the customer thereof forthwith.
Payment - Interest
Unless otherwise agreed in writing, the terms of payment of the purchase sum shall be 30 days nett as from the date of the invoice. Interest shall automatically be charged on overdue accounts at the rate of 2% per commenced period of a month as from the due date. If the purchase sum is paid after Hammer Taepper A/S has taken steps to recover the claims through the courts, the purchaser shall pay all incidental costs.
Property
The property in the goods delivered shall remain in Hammer Taepper A/S until payment in full has been effected.
Complaints
For deliveries Hammer Tæpper A/S guarantees against faults which have been caused by defects in material and during production. Visible faults are to be informed within 8 days of receipt of the goods and before any further preparations of the product or installation. The information are to be sent in writing with an indication of the faults. The right to complain becomes void if any cutting or processing of the product has been initiated. It is the responsibility of the customer to check color and pattern match between rolls that are to be installed next to each other before cutting and fitting.
Complaints concerning part-deliveries shall not entitle the customer to cancel the remainder of the order. Complaints of non-visible damage shall be made within 8 days of the day on which the damage first could have been discovered.
Complaints shall be subject to acceptance by Hammer Tæpper A/S before any goods are returned.
Reliefs (Force Majeure)
The following circumstances shall be considered as cases of relief if they impede the performance of the contract of render performance thereof unreasonably burdensome: industrial disputes and any other circumstance beyond the control of the parties such as fire, war, mobilization of draft for military service of a similar scope, requisitioning, sequestration, currency restrictions, insurrection and civil unrest, shortage of transport, general shortage of materials, restrictions in the use power and non-delivery or delays in deliveries by sub suppliers attributable to any of circumstances mentioned hereunder.
The party wishing to claim relief by reason of any of the said circumstances shall notify the other party in writing without delay on the intervention and on the cessation thereof.
The parties reserves the right to terminate the contract if, by reason of any of the said circumstances, the performance of the contract becomes impossible for more than six months.
Venue and Law
Any dispute shall be settled by the Maritime and Commercial Court of Copenhagen (Sø- og Handelsretten) in accordance with Danish Law.
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