General conditions of sale

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Unless otherwise agreed, these “General Conditions of Sale” shall apply to all purchase orders issued to and accepted by STRECON A/S (hereafter referred to as STRECON). By its purchase order, the purchaser confirms his acceptance of STRECON’s General Conditions of sale, also if these Conditions should disagree with the conditions of the purchaser.

§1 Incoterms
The international rules for the interpretation of trade terms “Incoterms” shall apply to the commercial terms used herein. STRECON accepts Incoterms 2010.

§2 Confirmation of Order
STRECON shall not be deemed to have accepted an order until written confirmation of the order from STRECON is dispatched to the prospective purchaser. Quotations, proforma invoices, invoices, and the like shall be subject to confirmation by STRECON.

§3 Terms of Delivery
Unless otherwise agreed, STRECON delivers the goods at the purchaser’s production site; alternatively, at port by air or sea as agreed with the purchaser. The delivery condition is DAP, and the costs of packaging, delivery and transport insurance are invoiced to the purchaser and may be shown on the invoice as a separate position. For the sake of clarity, the goods will be dispatched in the way that STRECON deems best without guaranteeing this to be the cheapest way of delivery.

§4 Price Regulations
STRECON reserves the right to adjust its prices for goods subject to reordering or renewal of expired quotations. Further, STRECON reserves the right to adjust accepted prices in the event of interference on the part of the government, or similar conditions over which STRECON has no control. Otherwise, prices invoiced will be according to quotations.

§5 Risk
Risk and responsibility are according to “Incoterms 2010”.

§6 Terms of payment
Payment shall be effected according to the payment terms stated on the order confirmation and invoice. STRECON reserves the right to charge a fee of Euro 100 plus 0,5% interest rate of the amount due for each week of delayed payment. For the sake of clarity, the purchaser shall not be allowed to retain payments or to settle debts by setting off same against possible counterclaims disputed by STRECON, or to reduce the invoiced price.

§7 Transfer of Ownership
Until full payment of the goods has been received by STRECON, the goods shall remain the property of STRECON and shall not be pawned or pledged in any way.

§8 Time of Delivery
The time of delivery shall be understood as STRECON's date of dispatch. STRECON shall not be liable for any delay due to causes beyond STRECON’s reasonable control including but not restricted to strikes, lock-outs, labour disturbances or the like, or in consequence of extraordinary measures on the part of government, pandemic and natural disaster, hindrances to transportation including ice or other transport difficulties, delayed, incomplete, or defective delivery of materials ordered in due time from sub-suppliers, failing supply of electricity and similar obstacles to production, fire or workshop accidents at own factories or at sub-suppliers.

§9 Information
No responsibility for errors in or wrong interpretation of the information and technical data contained in catalogues, leaflets, and other printed material as well as information offered on STRECON’s homepage can be placed on STRECON. Suggestions, advice, and other services, further than those contained in the above-mentioned materials shall be used by the purchaser on his own responsibility.

§10 Alterations
Alterations to product specifications - ordered but not delivered - are to be agreed upon with the purchaser. In such case, STRECON shall notify the customer, and alterations shall not be effective until agreed in writing with the purchaser.

§11 Warranty
Unless otherwise agreed, STRECON holds a 12-month warranty of the goods delivered measured from the date of dispatch. Within the warranty period, STRECON agrees to repair or to replace at the discretion of STRECON such goods that on examination by STRECON or otherwise accepted by STRECON are found to be defective due to faulty manufacture, design, and/or defective materials. STRECON may pay for expenses in connection with dismantling and remounting but such costs shall be confirmed by STRECON in each case. The purchaser shall at his own expense and risk forward the defective goods to STRECON, insurance, and freight paid. Goods returned shall be free of extraneous equipment. A description of the reason for returning the goods shall be enclosed. Goods repaired will be returned to the purchaser, freight paid by STRECON. For countries outside Europe, STRECON reserves the right to return the goods by ship and will pay the freight to the port considered by STRECON to be the most convenient for the purchaser. The purchaser shall pay the freight over land from the port to the purchaser. Parts, which have been replaced, shall be the property of STRECON. A cost-free repair or replacement is only valid if the terms of payment are observed and shall cease to be valid if the good is repaired or altered without the consent of STRECON, or applied for purposes for which it is not designed, or installed and applied contrary to the instructions given by STRECON.

§12 Product liability
STRECON is liable to pay damages for personal injury (or death) and/or damage to customer property caused by STRECON’s goods, provided that STRECON is liable according to applicable law, including applicable law on product liability and/or tort liability. STRECON has taken out a product liability insurance but shall accept no liability claim higher than Euro 300.000 (writing Euro threehundredthousand 00/100) per incident. Furthermore, STRECON shall accept no responsibility nor costs for activities, which are not explicitly covered by the said product liability insurance taken out by STRECON. For the sake of clarity, no other possible liabilities are accepted.

§13 Indemnification
Purchaser must indemnify and hold STRECON harmless for any claims for damages for which claim STRECON is liable to pay damages towards purchaser’s customers or other third parties if such claim has been limited or excluded by STRECON towards purchaser according to these terms.

§14 Consequential damages and losses
For the sake of clarity, all claims for any indirect or consequential damages to property, loss of production, loss of profit, loss of goodwill, and any other indirect losses which might arise out of defects and/or delay in delivery of the goods sold, irrespective of the cause, including faulty manufacture, design, and material, are explicitly excluded and shall not be accepted by STRECON. The purchaser fully understands and accepts this frame condition when placing a purchase order to STRECON.

§15 Notice of Claims
The purchaser shall submit to STRECON without delay any claim or complaint as to defects and/or delay in delivery of the goods in writing.

§16 Disputes
Danish law applies to these General Conditions of Sale. Any dispute or difference arising between STRECON and the purchaser, and which cannot be resolved amicably, shall be resolved by the competent city court in DK-Sonderborg. The proceedings shall be in English.

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