Pricelist CE Oct 2024 - Flipbook - Page 220
TERMS AND CONDITIONS
OF SALE AND DELIVERY
1. Applicability
These general terms and conditions of sale and
delivery (“Conditions”) shall govern the current
and future supply and delivery of products and
services (“Products”) from AVK International A/S
(“Supplier”) and purchased by the purchaser
(“Purchaser”), unless otherwise agreed in
writing. The applicability of any general and
special terms and conditions of the Purchaser
shall be excluded.
2. Quotations and Orders
The Supplier’s quotations of Products and pricing
shall be subject to change.
Contracts for delivery shall be accepted upon
(i) written quotation by the Supplier accepted
by the Purchaser in accordance with the terms
of the quotation and subsequently confirmed by
the Supplier in writing (ii) written confirmation
by the Supplier of the Purchaser’s order (each a
“Binding Order”). A modification of a Binding
Order shall be in writing.
3. Prices
All prices quoted by the Supplier shall be valid
for 30 days only. The price of the Products shall
be the price quoted by the Supplier or, where
no price has been quoted (or the quoted price is
no longer valid), the price listed in the Supplier’s
pricelist applicable at the date of acceptance.
All prices shall be quoted by the Supplier on
an ex works basis (EXW – INCOTERMS 2020)
unless otherwise agreed in writing. The costs of
packaging will be charged to the Purchaser in
addition to the price of the Products. The prices
are exclusive of any import duties, VAT, levies,
taxes and other charges which may be imposed
on the Products. Any typographical, clerical
or other error or omission in any quotation,
pricelist, acceptance offer, or other document
or information issued by the Supplier may be
corrected by the Supplier without any liability on
the part of the Supplier.
The Supplier reserves the right by giving notice
to the Purchaser at any time prior to dispatch
to increase the price of the Products to reflect
any substantial increase in the cost of the
Supplier, which is due to factors beyond the
control of the Supplier (including, but not limited
to, any foreign exchange fluctuation, currency
regulation, alteration of duties, significant
increase in the cost of labour, materials or other
cost of manufacture or transportation) that
gives the Supplier a disadvantage compared
to the circumstances prevailing at the date of
the acceptance of the Binding Order. Any such
increase of price shall reflect the actual increased
cost level as evidenced by the Supplier’s records.
4. Terms of Payment
The Supplier shall be entitled to invoice the
Purchaser for the price of the Products on, or
at any time after, the scheduled delivery of the
Products. The time of payment of the price of the
Products is of the essence. The Purchaser shall
pay the invoice for the Products within 30 days
of the date of the invoice from the Supplier. If
the Purchaser fails to make full payment on the
due date, then, without prejudice to any other
right or remedy available to the Supplier, the
Supplier shall be entitled to (i) charge interest on
the amount unpaid, at a rate of, at present, 1,00
% per month or fraction thereof (interest will be
added monthly) and (ii) charge a fee of EUR 20
per payment reminder.
In the event of any payment default by the
Purchaser, the Supplier shall be entitled
to postpone the delivery and to store any
undelivered Products at the expense of the
Purchaser by use of a freight forwarding agency
or by utilizing the storage facilities of the Supplier
until payment of due invoices.
5. Delivery
Delivery shall take place EX WORKS (INCOTERMS
2020). Prior to dispatch, the Purchaser shall give
the Supplier information regarding VAT number
of the Purchaser. Upon receipt of the Products,
the Purchaser shall issue to the Supplier a notice
acknowledging the receipt of the Products and
return required export statements. The Supplier
shall be entitled to make partial deliveries. If the
Purchaser fails to take delivery, the Supplier shall
be entitled to store any undelivered Products
at the expense of the Purchaser, i.e., by use of
a freight forwarding agency or by utilizing the
storage facilities of the Supplier. In the event
of late delivery attributable to the Supplier, the
Purchaser may seek liquidated damages for
delay equal to zero-point five (0.5%) percent of
the price of the invoiced value of the delayed
Products per week or fraction thereof up to a
maximum of five (5.0%) percent of the invoiced
value of the delayed Products. Liquidated
damages as set out in this clause 5 shall be the
only remedies available to the Purchaser in the
event of a delay in delivery or non-delivery.
6. Cancellation and Return
A Binding Order can only be cancelled by
written agreement between the Supplier and
the Purchaser. The Supplier shall be entitled
to charge the Purchaser with all costs that the
Supplier may incur as a result of the Purchaser
cancelling an order. Returns cannot be accepted
more than 6 months after delivery.
The Purchaser cannot expect to receive payment
of more than 70% of the purchase price of the
Products returned. All returns must show the
original invoice number, the date of delivery and
be in a good sellable condition.
Return of special Products, Products which have
been specially manufactured for the Purchaser or
standard Products which have been changed to
meet the Purchaser’s specifications, shall not be
accepted.
7. Packaging
Packaging may not be returned. Packaging which
has been charged separately may be returned
no later than three (3) months after the time of
delivery but only upon written agreement.
8. Defects
The Purchaser shall be solely responsible for
satisfying itself that the Products shall be suitable
and/or fit for the particular purpose for which
they have been ordered.
Products shall be deemed defective only when
the Purchaser is able to prove that the Products
are not in conformity with the Binding Order. At
any rate, Defective Products shall be deemed not
to include any non-conformity caused by
(i)
(ii)
the use of a Product for an
application for which it has not been
designed or which has not been
recommended by the Supplier;
any change by the Purchaser of
the chemical composition of the
