All deliveries from AKA-Danbox A/S (henceforth referred to as AKA-DanBox) are to be effected in accordance with STANDARD TERMS OF DELIVERY (NL92) with the following amendments:
The standard terms of sales and delivery shall apply unless the parties have agreed other conditions in writing.
Product information and price lists are only binding to the extent that the agreement specifically refers to them.
Delivery is normally 14 days, unless otherwise agreed. The stated delivery time is contingent upon timely and defect-free deliveries from AKA-DanBox’ subcontractors and shall not apply in the event of force majeure - cf. NL 92, Section 37.
Passing of risk
Terms and conditions of payment
According to order confirmation
In the event that the buyer fails to pay on time, interest of 1.25 per cent will be added to each new month (i.e. every 30 days).
Retention of title
The product shall remain the property of AKA-DanBox until such time as the full amount/purchase sum has been paid.
Liability for defects
AKA-DanBox undertakes to rectify all defects owing to construction, materials or manufacture, either by repairing or replacing the material in accordance with NL 92, Sections 22-34.
AKA-DanBox’ liability is contingent on the buyer’s ability to prove that the supplied material is
defective and to document that the material has been correctly used/fitted.
AKA-DanBox’ liability is limited to 15 per cent of the agreed purchase sum – cf. NL 92, Section 31b.
AKA-DanBox shall not be liable for defects beyond those stated in NL 92, Sections 22-34. This applies to any loss caused by the defect, including consequential loss, lost profit and other financial consequential loss – cf. NL 92, Section 35.
Liability for damage to property caused by the material (product liability)
Cf. NL 92, Section 36
Exemption from liability (force majeure)
Cf. NL 92, Sections 37-39.
Disputes (choice of law)
Amounts (i.e. total purchase sum excluding VAT) under DKK 10,000 to be decided by the Court of Esbjerg.
Amounts (i.e. total purchase sum excluding VAT) of or above DKK 10,000 to be decided by a court of arbitration in Copenhagen.
All questions of law arising out of this agreement shall be decided in accordance with Danish law.
For further information concerning NL92, please click on the following: http://di.dk/Shop/Dokumenter/Produktside/Pages/Produktside.aspx?productId=3362
or can be forwarded by calling tel.: +45 76 98 52 00