Hammer Carpets' terms and conditions of sales and delivery are applicable to all orders, unless otherwise agreed in writing.
An order is received with customary reservation for instances of force majeure, insufficient selling-in of the relevant design and failure on the part of a raw materials supplier to deliver. A final agreement on delivery is binding for the Purchaser on receipt at Hammer Carpets. In the event that it is not possible to secure satisfactory credit information about the customer, Hammer Carpets reserves the right to request security for payment.
Goods are delivered in accordance with the ICC Incoterms 2010, unless specifically agreed otherwise in the order confirmation.
Hammer Carpets reserves the right to delay the delivery date for a period of 14 days. If a delay is due to a hindrance commonly described as an incidence of force majeure, the delivery time may be extended until the hindrance ends. If the customer fails to pay by the due date for a previous order, Hammer Carpets is also entitled at its discretion to delay delivery or cancel a subsequent order.
The prices stated are with reservation for changes to duties and consumer taxes of any kind and for sudden currency fluctuations. If Hammer Carpets wishes to avail itself of reservations of this type, Hammer Carpets will notify the customer without delay.
Unless otherwise agreed in writing, the due date for the purchase sum is 30 days net from the invoice date. If payment is made after the due date, Hammer Carpets will automatically charge interest at 2% per month or part thereof, calculated from the due date. If the purchase sum is paid after the Vendor's claim in a process of judicial debt collection, the customer is liable to pay judicial debt collection costs.
The goods delivered remain the property of Hammer Carpets until payment is made in full.
Hammer Carpets guarantees all deliveries for faults and impairment due to material faults and production errors. Visible faults must be reported not later than 8 days from receipt of the goods and in writing including a drawing/outline of the fault. The customer's right to claim for visible faults and impairments is voided if cutting work or any other further preparation of the goods has begun.
Before fitting, the customer has an obligation and responsibility to ensure that the goods are checked for colour and pattern precision between rolls of carpet that will be fitted beside one another.
A claims in relation to a part delivery does not entitle the customer to cancel the remainder of the order. A claim regarding an invisible impairment must be made not later than 8 days from the first day the fault could have been discovered.
The goods may not be returned until Hammer Carpets has approved the claim.
The Vendor is not liable in the event that one or more of the following circumstances hinders fulfilment of the agreement or makes its fulfilment unreasonably burdensome: labour market conflict and any other instance beyond either Party's control, such as fire, war, mobilisation or military call-up of a similar magnitude, requisitioning, seizure, currency restrictions, revolution and civil unrest, means of transport in short supply, general shortage of goods, fuel restrictions and the lack of or delay in delivery from sub-suppliers, due to any of the circumstances stated in this provision.
The Party that wishes to claim freedom of responsibility shall notify the other Party in writing without delay of the instance of force majeure and its cessation.
If any of the above-mentioned hindrances to fulfilment of the agreement continues for a period of six months, either Party is entitled to cancel the agreement.
Any dispute will be settled at the Suppliers' jurisdiction. The ordinary tenets of Danish law are applicable.