Terms of sales and delivery

These terms and conditions apply unless otherwise expressly agreed between the parties.

Introduction

The following terms of sales and delivery apply unless otherwise expressly agreed between the parties. The buyer’s own business or purchasing terms and conditions shall only have effect provided they have been acknowledged in writing by the seller. Delivery of an order from a supplying Steel Warehouse is subject to final acceptance by the Steel Warehouse. The terms and conditions of the Steel Warehouse apply to all deliveries.

 

Offers

Unless otherwise stated, all offers are non-binding, subject to intermediate sales. Seller reserves the right to adjust the price in the event of increases in freight and customs costs both in Denmark and abroad. This also applies in the event of extraordinary interventions by state or EU authorities and other increases in costs that occur before the delivery date and subsequently entail an increase of the costs on which the sales price is based.

 

Prices

Prices follow the price list/offer valid on the day of delivery. All prices are exclusive of VAT other taxes and duties. The exchange rates are fixed on the issue date of the offer unless otherwise stated. Seller reserves the right to adjust prices in accordance with the exchange rate on the day of payment.

 

Delivery

Unless otherwise stated in the offer or order confirmation, delivery shall take place free of charge to the buyer’s address, cf. incoterms 1990. In the event of cancellation of deliveries, the buyer is obliged to indemnify the seller for the costs associated with the cancellation. Return of defective goods can only take place by prior arrangement. Specially made items are not returnable.

 

Delivery time

The stated delivery date and time is subject to delay due to force majeure, labour dispute, war, mobilisation, state of emergency, transportation and operational disruptions, confiscation, currency restrictions, missing or defective deliveries from the seller’s suppliers.Extraordinary interventions by state or EU authorities as well as any other circumstance beyond the control of the seller.If the delivery date as a result is postponed beyond 3 months, both buyer and seller shall have the right to cancel the purchase, provided that this right does not conflict with the terms and conditoins of the supplying Steel Warehouse and without it being considered a default by either party.However, if the delay is due to reasons other than those stated above, the buyer shall only be entitled to cancel the purchase if the delay is deemed significant and the seller has not executed the delivery within 30 days of receiving a written request to this effect.The buyer can under no circumstance claim compensation in the event of delay, regardless of whether the delay could be attributed to the seller.

 

Payment

30 days net cash from delivery date, unless otherwise agreed in writing. If the payment is not made on time, the seller shall be entitled to add interest on the amount due, including taxes, based on the interest rate stated in the order confirmation / invoice. The seller may require the buyer to pay in cash or provide satisfactory security for payment. If amounts due are not paid on time, the seller reserves the right to withhold outstanding, undelivered deliveries until the buyer has settled all arrears including interest and costs.

 

Quality / technical descriptions

The buyer is responsible for ensuring that the technical specifications and the goods itself in its entirety is suitable for their requirements. The technical specifications are stated in the offer, order confirmation or invoice. A certificate is only included by prior agreement. Seller shall check that the delivered goods and the certificate match. The certificate’s information is not checked. If the goods are not ordered according to a standard or with a specified quality designation, the consignment will be delivered as merchandise without adhering to special quality requirements.

 

Packaging

If packaging is necessary, the sale will be invoiced as “gross for net” unless otherwise expressly stated in the offer or in the order confirmation, after which the buyer is obliged to pay the same unit price for the packaging as for the item itself.

 

Quantity of delivery

Regarding the specified quantity of the delivery, a margin of error is reserved of plus/minus 10%.

 

Complaints/ defects

When the goods have been delivered it is the responsibility of the buyer to check whether the delivered quantity is correct and whether the goods are of the agreed quality.Defects and complaints must be notified to the seller immediately and a consignment note / delivery note must be submitted in writing within 8 days at the latest.If the buyer can document within 6 months of delivery that goods are defective, the seller undertakes, after approval of the supplying Steel Warehouse and in accordance with the Steel Warehouse’s sales terms, to exchange the delivered goods with defect-free goods, or amend the detected defects, or grant the buyer a discount in price.Buyer may not, in the event of defects, assert other powers against the seller than the above.The buyer can thus not withdraw the transaction in part.Furthermore, the buyer cannot claim compensation unless established deficiencies can be attributed to the seller having shown gross negligence.Any compensation claims shall, however, under no circumstances cover the buyer’s operating loss, lost earnings or other indirect losses to the buyer, even if such could be attributed to the seller.

 

Product liability

Reference is made to the current terms and conditions of the supplying Steel Warehouse. The seller assumes no liability for consequential damages unless it can be documented that the damage can be attributed to gross negligence on the part of the seller, in which case the seller’s liability for suffered damage persists for 6 months from the delivery of the goods to the buyer.  

 

Disputes/litigation

Disputes regarding deliveries from the seller are settled at the competent courts in the area of jurisdiciton of the seller and in accordance with Danish Law.