1.1. Terms and conditions apply to all offers, sales and deliveries unless otherwise
agreed in writing.
2.1. All offers is given subject of the goods being unsold, cf. clause 3. If the seller make
offers that do not set deadline for acceptance, the offer lapses if no acceptance is
up to the seller at least 4 weeks from the offer date.
3. Subject to prior sale
3.1. Until the buyers acceptance has been forwarded to the seller, the seller is entitled
to conclude agreements with third parties regarding the offered, with the effect that
the offer to purchase will lapse. Seller shall, upon acceptance without delay give
written notice to the person whom the original bud was directed, that the offer has
4.1. All prices are measured in Danish Kroner, and are exclusive of VAT. the buyer is
obliged until delivery to accept price changes as a result of documented increased
costs for the seller as a result of changes in rates, tariffs, taxes etc. regarding the
5.1. Payment must be made no later than the date of invoice said as the final due date
of payment. If the invoice does not specify a payment date, payment must be made
in cash upon delivery.
5.2. Delayed delivery due to the buyer, the buyer - unless the seller written notice
something else - is still obligated to make any payment to the seller, as if the
delivery had been made on time.
5.3. If payment is made after the due date, the seller is entitled to charge interest on it
at any time remaining outstanding dept from the due date by 2% per month.
5.4. Buyer is not entitled to offset any counterclaims against the seller, who is not
acknowledged in writing by the seller, and the buyer has no right to withhold any
portion of the purchase price because of counterclaims of any kind.
5.5. If an order takes place over several months, a guarantee of 50% of the order
amount or monthly rates is demanded.
6.1. Seller reserves, with the limitations imposed by mandatory legal rules, title to the
goods, until the full purchase price plus accrued costs have been paid to the seller
or to whom the seller has transferred his right to the purchase price cf. 14.1.
6.2. By rebuilding or machining of the sold, property maintained the reservation so that
it includes the transformative or derivative subject to an extent equivalent to the
value of the goods sold at the time of delivery.
7.1. Delivery happens from vendor address, whether seller by own staff or by third party
brings the sold to the buyer, that is ex. fabric.
7.2. Delivery times are provided by the seller after best estimate in accordance with
the conditions that exist at the time of the agreement. Unless otherwise expressly
agreed, a postponement of the delivery time by 14 days due to the vendor is
considered timely delivery, so that the buyer upon delivery within this period can
not rely on remedies in this period.
7.3. If delays in delivery due to the seller is in a situation as stipulated in point 12.3.,
the delivery time is deferred by the time of the obstacle. However, both parties are
entitled, without liability to cancel the agreement once the delay has lasted more
than 3 months.
8.1. Packaging is the buyers expense, unless it is expressly stated that packaging is
included in the agreed price.
8.2. Packaging may only be returned after separate agreement.
9. Product information
9.1. Drawings, specifications, etc. which is supplied by the seller to the buyer before or
after the agreement remain sellers property, and may not be disclosed without
written agreement. It is an indispensable condition that the buyer keeps the
information received by our company, including filling out the logbooks. If this is
not the case, we are not responsible of any kind, cf section 11.8.
10. Product changes
10.1. Seller reserves the right to, without notice, make changes to the agreed
specifications if this can be done without inconvenience to the buyer.
11. Deficiencies and complaints
11.1. Upon delivery, the buyer shall forthwith make such an examination of the goods
sold, as a good business practice requires.
11.2. If buyer will invoke a defect in the goods sold, the buyer shall, immediately after the
defect was or should have been discovered, and latest 8 days after delivery, give the
seller a written notice and describe the defect.
11.3. At sellers option, any defects in a delivery will be remedied or replacement will
11.4. Is there change or alterations to the sold without the written consent, the seller
exempt from any lack of opposition.
11.5. Sellers liability is in all respects limited solely to the goods delivered to be
instituted within 1 year after delivery of the goods has occurred.
11.6. Seller shall not be liable for any errors or deficiencies in the delivery, which occurred
against the background of the buyers improper use of the delivered goods.
11.7. Seller is not obligated to bear costs or to compensate for the cost of assembly /
disassembly / alignment etc. of the delivered goods made by the buyer, without
prior agreement with the seller.
11.8. Buyer declares himself intimately acquainted with the fact, that it is a significant
fact that the installation and maintenance instructions are strictly observed,
including that buyer, if the buyer is not the end-user, is required to make the enduser
aware of the installation and maintenance instructions, including that the
playground is subject to the regulation referred to as EN 1176. THAT MEANS SELLER
IS WITHOUT WARRANTY, IF BUYER OR BUYER’S END-USER DID NOT OBSERVE EN
1176 IN ITS ENTIRETY, INCLUDING SPECIFICALLY, BUT NOT EXCLUSIVE, HAVE
COMPLETED A MAINTENANCE PROGRAM WITH ASSOCIATED LOG.
12.1. A claim for damages against the seller, may not exceed the amount invoiced for the
12.2. Seller is not liable for loss of profits or other indirect loss arising from the
agreement, including any indirect loss, occurred by a result of delays or defects in
the goods sold.
12.3. By the following circumstances lapse sellers liability, if they hinder the performance
of the contract or makes performance of the agreement unduly onerous for the
seller: Labor disputes, fire, war or warlike conditions, confiscation, currency
restrictions, riots and civil commotion, lack of transport, general scarcity of goods
and other conditions that is out of sellers control.
12.4. Likewise, because of lack of or delayed delivery to seller from its subcontractors on
the basis of section 12.3. those circumstances lapse sellers liability.
12.5. Seller is restricted to, without delay, notice the buyer if any circumstances arise as
specified in section 12.3.
13.1. The sold goods is only received back by prior written agreement on the return.
13.2. In cases where the buyer is entitled to terminate the agreement, or if the goods
sold are returned to the vendor for replacement or repair of defects, the products
must be returned to the seller in original packaging and at the buyers expense and
risk. To the extent that the seller incurred shipping costs etc. the seller is entitled to
claim such refund by the buyer, and to offset those in any of the buyers eventually
claims against the seller.
After completion of repair or replacement, the buyer shall, at its own expense and
risk pick up the repaired or rebuild product from seller.
14. Transfer of rights and duties
14.1. Seller is entitled to transfer all rights and duties under the agreement to third
15.1. Any disagreement between parties are governed by Danish law.