If we do not fulfill our obligations under section 5.5 within 20 days following resolution of the warranty issue, the Buyer may in writing give us a deadline for remedying the defect. If our obligation is not fulfilled within the prescribed period, the Buyer may cancel the agreement – however without being able to file a claim for compensation - if the defect can be said to be significant or require a proportionate reduction in the agreed purchase price if the defect is said to be immaterial. The Buyer can only return a delivery if the Buyer is entitled to terminate the agreement.
Apart from what has been specified above, we shall have no liability for defects, and the Buyer cannot apply other remedies for breach than those described above. Thus we are not under any circumstances, regardless of any gross negligence, liable for loss of profits or other indirect or consequential damages. Our liability for defects shall in no event exceed an amount equal to the invoice price.
Unless otherwise agreed in writing, we do not assume responsibility for the products to be legally marketed outside of Denmark.
Pricing, payment and reservation of title
All sales are made at prices in force at the time of delivery, unless we have accepted a fixed price in writing. The price is stated in Danish kroner, excl. VAT and other taxes.
Unless otherwise agreed, payment shall be made in net cash upon delivery.
If payment is not made when due, default interest shall accrue from the invoice date, of the at any time owed amount incl. previously accrued interest, costs, etc. by 2% per month.
We reserve the title to the goods sold until full payment has been made to the extent possible under applicable law.
The buyer shall not be entitled to withhold payments or make set-offs for alleged claims which are not recognised by us.
If the buyer does not pay the price in a timely manner in relation to the delivery, we shall not be obliged to deliver additional supplies regardless of whether a legally binding sales agreement has been entered with the Buyer.
In case of force majeure, which includes strike, lockout, fire, flood, unanticipated weather conditions, substantially more expensive deliveries from suppliers, including energy supplies, lack of transportation or transportation accidents, war, malfunctions and similar matters over which we have no control, we shall be entitled to cancel or postpone an order's execution. The buyer can neither in case of cancellation or deferred execution claim compensation or make any claim against us.
We are not responsible for damage caused by the delivery unless the damage was caused intentionally or by gross negligence on our part, or in the case of consumables or personal injury. Notwithstanding the foregoing, we can however in no case be held liable for financial losses, operating loss of profit, consequential or other indirect losses.
The Buyershall be obliged to notify us in writing without undue delay if the Buyer becomes aware that there has been, or a third party alleges that an injury has been caused by the delivery, or that there is a risk that there will occur such a damage. Submission of the aforesaid notice to us does not relieve the Buyer of his responsibilities to prevent or provide necessary preventive measures.
Jurisdiction and applicable Law
Any dispute arising from these terms and conditions shall be governed by Danish law.
Any dispute shall be settled at the court in the city of Skanderborg as the agreed venue.
Notwithstanding the foregoing, we are always also entitled to sue the Buyer at the Buyer's home jurisdiction or another jurisdiction having jurisdiction over Buyer, if our claim is based on the Buyer's alleged failure to meet his/her payment obligations.