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Terms of sale and delivery
1. General information
These terms of sale and delivery shall apply to all offers, sales and deliveries unless otherwise agreed in writing between the parties.
2. Prices
All prices are in Danish kroner (DKK) and exclusive of VAT and costs of carriage and other public charges.
3. Payment
The terms of payment appear from the invoice and will normally be 14 days. The buyer shall not be entitled to withhold any payment because of counterclaims which 2MARK-IT ApS has not acknowledged. If the buyer pays later than agreed, 2MARK-IT ApS shall be entitled to default interest from the due date. The default interest has been agreed at 2% per month or fraction thereof on the balance due at any time. Forwarding of reminders will lead to a reminder charge of DKK 100 plus VAT for each reminder. The buyer's payments shall be used to cover first interest and costs added, then the principal amount.
4. Delivery
Delivery shall be EXW works at 2MARK-IT ApS´s address.
Costs of delivery, payment charges, payment card charges, postage and insurance shall be added to all deliveries from 2MARK-IT ApS, unless otherwise agreed. Times of delivery shall, unless otherwise agreed, be directional and be calculated from the date when 2MARK-IT ApS is in possession of all information for the completion of the delivery. Compensation shall not be paid to the buyer for delays in delivery, and the buyer shall not be entitled to cancel the transaction for that reason.
5. Errors in orders
Articles can generally not be returned.
According to prior written agreement, orders for stock goods may in special cases be cancelled or the goods returned in unopened, original packaging. Orders for articles made to order cannot be cancelled and such articles can never be returned. In connection with returning of articles/cancellation of orders, 2MARK-IT ApS reserves the right to make a return charge of 15% of the invoice value, with a minimum amount of DKK 150. Accepted returned articles shall be credited at current market prices.
6. Product information
Reservation is made for printing errors and price changes in information in brochures and other sales materials. Claims for any printing errors and price changes cannot be made against 2MARK-IT ApS If 2MARK-IT ApS has undertaken to grant service through a separate agreement, the service obligation shall only cover the products sold.
7. Intellectual property rights
Any delivery of products shall be made respecting the Intellectual Property Rights belonging to the persons in question, and 2MARK-IT ApS shall have no responsibility of any kind for the buyer's actions contrary to such rights.
8. Defects
2MARK-IT ApS shall be responsible for defects which are due to defects in construction, materials or manufacturing and which appear within one year from the date of delivery. For parts replaced or repaired, the period shall, however, be six months.
Immediately on receipt, the buyer shall be obliged to examine the products delivered carefully. If the buyer wants to claim a defect, the buyer must immediately and without undue delay inform 2MARK-IT ApS in writing, stating the nature of the defect. If the buyer has discovered or ought to have discovered the defect and does not complain as stated above, the buyer cannot later make a claim regarding the defects. If unauthorised changes to or manipulation of the products delivered are made without the written consent of 2MARK-IT.ApS, 2MARK-IT ApS shall be released from any obligation. After receipt of a complaint, 2MARK-IT ApS shall be entitled to demand that the buyer shall return the allegedly defective article at the buyer's expense and risk to 2MARK-IT ApS. 2MARK-IT ApS reserves the right only to accept the allegedly defective part.
2MARK-IT ApS reserves the right to test articles returned because of defects or shortages. If, after completed test, 2MARK-IT ApS finds that the product returned is not defective, the product will be returned to the buyer at the buyer’s expense and risk.
2MARK-IT ApS can choose whether to remedy the defect by repair, carry out new delivery with a product which is at least similar, or credit the buyer with the product at the current market price at the time of the complaint.
9. Limitation of liability
A claim against 2MARK-IT ApS shall not exceed the invoice amount for the product sold.
The liability of 2MARK-IT ApS shall be limited to direct losses, and 2MARK-IT ApS shall not be liable for operating loss, lost profit, or other indirect losses or costs in connection with replacement of products delivered. 2MARK-IT ApS shall not have any liability for delays or defects which are due to actual or attempted remedying or replacement.
Force Majeure
2MARK-IT ApS shall not be liable if the following circumstances prevent the completion of the purchase or makes a completion unreasonably onerous: Labour market conflicts or other circumstances beyond the parties' control, such as fire, war, mobilisation, etc., requisitioning, seizure, foreign exchange restrictions, riots and unrest, lack of means of transport, general shortage of goods, fuel restrictions, or defects or delays in deliveries from sub-suppliers which are due to any of the circumstances mentioned in the present item, or other circumstances which have materially obstructed 2MARK-IT.ApS's fulfilment of the agreement. Circumstances as the above which had occurred prior to the issuing of the offer/the conclusion of the agreement shall only lead to exemption from liability if their effect on the fulfilment of the agreement could not be foreseen at such time.
10. Product liability
2MARK-IT ApS shall be liable for injury according to the Danish Act No 371 of 7/6 1989 on product liability.
2MARK-IT ApS shall only be liable for damage to property if it is proved that the damage is due to defects or negligence made by 2MARK-IT ApS or others for whom he is responsible. The liability for damage to commercial property shall be limited to a maximum of DKK 5,000,000.
2MARK-IT ApS shall never be liable for operating loss, lost profit or any other indirect loss.
To the extent that product liability is imposed on 2MARK-IT ApS towards a third party, the buyer shall be obliged to indemnify the seller to the same extent as the seller has limited his liability above.
11. Transfer of rights and obligations
2MARK-IT ApS shall be entitled to transfer all rights and obligations according to the agreement to a third party.
12. Disputes
Any dispute between 2MARK-IT ApS and the buyer shall be settled according to Danish law before the Maritime and Commercial Court in Copenhagen, whether the action is brought by the buyer or by 2MARK-IT ApS
Subject to typographical errors and changes.
14-01-2025 2MARK-IT ApS
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