Terms and Conditions of Sale and Delivery

Application

These Terms and Conditions (September 1996) shall be applicable to the extent they are not expressly waived or modified wholly or partially by any other written agreement.

Special terms of purchase or specific requirements from the Buyer, stated in materials such as the Buyer's order form or in the Buyer's general conditions of purchase shall not be binding on us unless we have agreed to those special conditions in writing.

Delivery

The delivery clause is ex works (Incoterms 1990) unless otherwise agreed in the particular case.

The delivery time quoted by us is only estimated by best estimate and assumes that the Buyer hasfulfilled all necessary or agreed formalities or conditions in a timely fashion. Any delivery time communicated by us shall therefore not be binding on us unless expressly agreed in writing

We reserve the right to deliver in installments, for which reason the Buyer is not entitled to return the goods as a result of delivery not being complete in terms of delivery of products under the sales agreement. If we deliver in installments, we shall inform the Buyer of the delivery date for each installment.

Our quotes shall be valid for 20 days from the quotation date.

Packaging
The proposed prices include cost of packaging, etc., which are required under normal transport conditions in order to prevent damage to the delivery. Should the Buyer want other packaging than what is specified in section 3.1, such packaging shall be delivered only after prior separate written agreement. Such packaging is invoiced separately.

The packaging cannot be returned to us and is not reimbursed.

Delays
If a delay occurs, the Buyer may, notwithstanding what has been agreed under section. 2.2, by written notification to us, demand the delivery to be made within a final deadline of at least 30 working days by indicating that the Buyer intends to cancel the contract if delivery is not made within that period.

If delivery is not made within the period provided by the Buyer under section 4.1, the Buyer shall be entitled to terminate the agreement by written notice to us.

In addition to the termination rights provided in section 4.2 the Buyer shall have no other remedies in case of delay and the Buyer can therefore not file a claim of any nature, including for operating losses and the like as a result of the delay.

Liability for defects
The buyer shall be obliged to file a complaint immediately if the Buyer does not consider the terms stated in the order confirmation to be in accordance with the entered agreement. Otherwise, the purchase shall be considered to be entered on the terms described in the order confirmation.

The Buyer shall check the goods delivered immediately upon receipt of the delivery. If the Buyer finds any defects, the shall describe and specify the alleged defect to us in writing. Any complaint of defects must be received by us within 10 days after the defect was or should have been noted. If the Buyer fails to do so, the Buyer loses the right to apply remedies for breach of contract.

Any claim for defects of whatever nature, shall be made within 6 months from the invoice date, as the lack of claims after this deadline shall not be enforceable.

If a complaint is made too late, but we still decide to engage in substantive discussions with the Buyer in connection with the submitted complaint, this shall take place without waiving our right to claim that the complaint was made too late.

If defectsare detected, which may be asserted against us, we shall at our own choice be entitled and obliged either to make replacement, repair the defect, issue a credit to the Buyer for the purchase to offset the sales invoice or provide the Buyer with a pro rata reduction in the agreed purchase price, by which the defect shall be considered finally resolved.

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.

Force majeure

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.

Product liability

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.​

WE CARE ABOUT THE ENVIRONMENT IN OUR PRODUCTION.

THEREFORE OUR SAND IS GREEN!

Information

Dansk Kvarts Industri

CVR: 17475800​

Address

Lervejdal 14D, Addit
8740 Brædstrup

Contact

Phone: +45 86 52 07 00

E-mail: dki@kvarts.dk