Terms and conditions
Sales and Delivery Terms and Conditions (Business)
1. Scope of application
1.1 These Terms and Conditions of Sale and Delivery apply to all deliveries from Insutex ApS to business customers (B2B), including direct sales, project sales and other commercial transactions. The terms do not apply to consumer purchases made via www.insutex.dk, where separate webshop terms and conditions apply.
2. Service
2.1 The technical guidance provided by Insutex ApS is not intended to replace the assistance of consulting engineers and architects, but solely to assist buyers and their customers with the experience we have at any given time. Therefore, we do not assume responsibility as designing architects, structural engineers, engineers, etc.
2.2 All measurements and quantity calculations carried out by our company are normally intended for verification of the buyer’s own calculations and are without liability for us.
2.3 Supporting materials provided by us to the buyer, the buyer’s contractor, the contractor’s subcontractor or any third party are used without liability on our part towards the buyer, the buyer’s contractor, the contractor’s subcontractor or any third party.
3. Offers
3.1 Offers are valid for 30 calendar days unless otherwise stated.
3.2 The stated delivery times are valid on the date of the offer and may change before the order date. Therefore, only the delivery time stated in the order confirmation is binding.
4. Orders
4.1 Orders are only binding on us once we have issued written order confirmation.
4.2 Purchases of special products and specially packaged standard products cannot be cancelled.
5. Prices
5.1 The stated prices, both for goods and transport, are those applicable on the date of the offer or the order confirmation.
6. Delivery
6.1 The delivery time is calculated from the order date, provided that all information necessary for the execution of the order has been received from the buyer before the stated date, otherwise from the date this information is received.
6.2 Delivery takes place from warehouse.
6.3 The delivery time must be agreed with a minimum of 2 working days’ notice. If the delivery time is changed later than 10:00 a.m. two days before the confirmed delivery, actual costs will be charged.
We reserve the right to invoice the actual costs related to warehouse storage for special orders until delivery has taken place.
7. Complaints and Defects
7.1 The buyer is obliged immediately upon delivery, and before use, to inspect the condition of the goods and in case of defects to make a complaint immediately after receipt of the goods. Complaints regarding defects must be made within 8 calendar days after delivery.
The goods must be packed and placed ready for collection at the roadside.
Additional requirements are not accepted. We assume no responsibility for consequences if obviously defective goods are installed in the construction.
7.2 To the extent – and only to the extent – that the delivered goods are used in construction in Denmark, delivery takes place with the following building delivery clause:
7.2 To the extent – and only to the extent – that the delivered goods are used in construction in Denmark, delivery takes place with the following building delivery clause:
“The supplier’s liability for defects in deliveries expires 5 years after the completion of the construction in which the delivery is included. In deliveries to parties other than a developer or contractor, the liability expires no later than 6 years after delivery to the buyer. If it must be considered proven that a claim regarding defects in the delivery cannot, or only with great difficulty, be pursued against the supplier’s buyer or subsequent buyers, it is acknowledged that the claim may also be made directly against the supplier. In such cases the supplier may only be held liable for defects to the extent that its own delivery is defective and only to the extent that this follows from the supplier’s own contractual relationship with its buyer. The supplier nevertheless acknowledges in all cases that it may be sued together with the buyer or subsequent buyers in connection with the parties’ mutual relationship. The case shall be handled by the Arbitration Board for Building and Construction.”
8. Payment
8.1 Payment terms: by agreement. A condition for credit sales is that the customer can be credit insured for the full amount of the order. If this is not the case, the sale will take place against cash payment before the order is initiated for production.
8.2 In case of partial deliveries, each partial delivery is considered a separate transaction.
8.3 If ordered goods are not collected due to the buyer’s circumstances no later than 14 days after the agreed delivery date, we reserve the right to invoice the full quantity for which the delivery deadlines have been exceeded by more than 14 days, and payment must then be made in accordance with the agreed payment terms. However, the goods remain our property until payment or delivery has taken place. From the invoicing date, the goods remain at the buyer’s expense and risk.
8.4 The buyer is not entitled to set off any counterclaims against us unless such counterclaims are acknowledged by us in writing, and the buyer is not entitled to withhold any part of the purchase price due to set-off of any kind.
8.5 If payment is not made by the final due date, interest will be charged from the due date. The interest rate is the late payment interest rate for the period +8%, as stated on our invoices.
9. Limitation of Liability
9.1 A claim for damages or a claim for a proportional reduction against us cannot exceed the invoice value excluding VAT for the goods concerned. If the claim for damages or proportional reduction concerns defects or delay in a partial delivery, the amount cannot exceed the invoice value excluding VAT for the goods relating to that partial delivery.
9.2 Insutex ApS is not liable — regardless of any proven negligence — for daily penalties, loss of time, operational losses, loss of profit or other indirect losses in connection with the agreement, including indirect losses arising as a result of delays or defects in the goods sold.
9.3 In the event that delivery, timely delivery or defect-free delivery is wholly or partly prevented or delayed by events beyond our control, including but not limited to labour conflicts, operational disturbances, fire, unusual weather conditions, public orders or prohibitions which we should not have foreseen at the time of the order confirmation or any subsequent time for agreement on delivery time, transport difficulties, failure of our subcontractors or other third parties or similar circumstances, we may without liability postpone delivery or wholly or partly cancel the order at our discretion, upon notifying the buyer as soon as possible.
10. Force majeure
10.1 We reserve the right to exemption from liability as a result of strikes, lockouts or other force majeure events causing shortages of the contracted goods or the raw materials for them.
11. Product Liability
11.1 For product liability, the rules applicable at any time under Danish law apply. To the extent that nothing else follows from mandatory legal rules, we are not liable for operational losses, loss of profit or other indirect losses.
12. Jurisdiction — Governing Law
12.1 Any dispute that may arise between the parties shall be decided under Danish law by arbitration, unless Insutex ApS determines that the dispute shall be decided by the ordinary courts. If the case is decided by arbitration, the arbitration tribunal shall be seated in Copenhagen and otherwise established according to the rules in AB 18, §69. If the case is decided by the ordinary courts, it shall be brought before the general courts in Denmark.
The above sales and delivery conditions replace previous “Sales and Delivery Conditions”.
Reservations are made for any printing errors.