The following expressions have when used in these general terms, meanings set forth below, unless the context otherwise not be stated separately:
With Cabcon A / S is believed Cabcon A / S, Stamholmen 193A, 2650 Hvidovre, Denmark.
With customer believed the natural or legal person who orders products, and the order is received and accepted by Cabcon A / S.
With Product believed electromechanical components, connectors, switches, crystal products, relays, sounders, cables, power supplies and other goods Cabcon A / S offers for sale and delivery, including goods to replace defective goods, hardware documentation and also software products that we have given our customers the right to use.
These general conditions apply as contractual basis for all Cabcon A / S supplies of all products and covers all the conditions and unless the parties have agreed in writing otherwise when ordering, customer shall be deemed to have accepted these terms. Customers own terms will have no effect on the agreement. The contents of these terms may be extended or changed by Cabcon A / S with 30 days written notice.
For an order to be binding on Cabcon A / S, should the order be confirmed in writing by Cabcon A / S before the delivery is performed. Cabcon A / S can supply from our suppliers; this may cause the client gets its products delivered from a country other than Denmark together with a slip issued by Cabcon A / S in this country. Although slip may contain terms and conditions that deviate from these terms, it is Cabcon A / S Danish conditions that apply. The customer is responsible for his choice of products like for his use of these and the achieved results. Following customer advice and guidance given by Cabcon A / S employees or dealers for storage, application or use of the product and this is not given in writing, it is the customer’s sole risk and Cabcon A / S shall not be liable.
Prices and quantities
All offers submitted understood to confirmation and are – if not stated otherwise – valid for 10 days from the date of the offer. Furthermore, the sale of goods offered always reserved, whether listed or not. The prices offered are always the on sale date are as Cabcon A / S reserves the right to settle in with the day of delivery applicable rates and charges, unless otherwise expressly stated in the offer.
Confirms Cabcon A / S an order, all prices and charges listed in the order confirmation, the order date in force since Cabcon A / S reserves the right to settle down for the day of delivery applicable rates and charges, unless otherwise expressly stated in order confirmation. This also applies in case of changes of exchange rates and commodity price quotations.
For deliveries containing refrigerated items reserves Cabcon A / S reserves the right to over- or under-deliveries by up to 10% of the quantity ordered. This also applies to continuous supply with respect to the portion of the order, which at the time of any regulation not yet delivered. Cabcon A / S reserves the right to provide other goods across the unbroken seals.
Prices listed may in separate cases exclude taxes Cabcon A / S under the Act is required to collect. In such cases added tax for billing and customer accepts Cabcon A / S is entitled to invoice the amount of the tax and pay equivalent additional charges.
Prices are excluding VAT but including customs.
If Cabcon A / S does not specify otherwise in its order confirmation payment shall be made against invoice within 8 days of the invoice date, subject to agreed credit. Cabcon A / S shall issue invoice on delivery. By late payment is Cabcon A / S is entitled to delay rate by two (2) percent per month. For written reminders and other factors, which aims to persuade the customer to pay the debt due sake is Cabcon A / S is entitled to a fee of kr. 100.00. reminder.
If the goods agreed to be delivered at a fixed time, not timely removed and paid for by the customer, can Cabcon A / S of your choice sell the goods to the customer’s bill for advice on this, or store the goods on behalf of the client so that the client must pay the storage costs. When goods shall be stored at the customer’s expense and risk. If the customer does not comply with the agreed terms of payment while, is Cabcon A / S shall not be required to make further deliveries.
Although the client advertises for errors or omissions in the delivery, the customer is required within the agreed time to pay the price for that part of the delivery which is incorrect or incomplete.
Delivery, delay, transport and transfer of risk
Any mention of delivery times are estimated and stated approximate. Cabcon A / S will aim to deliver under the agreement, but assumes no responsibility for delays.
Cabcon A / S delay in delivery does not entitle the customer to damages or other compensation regardless of the reason for the delay.
If the parties have not agreed otherwise, delivery ex Cabcon A / S stock in Hvidovre. If the Customer does not even collect the products, ensure Cabcon A / S for the account of the transport of the products to the customer’s address. Cabcon A / S chooses mode, it does not bode transport insurance products.
Cabcon A / S shall retain ownership of the product until it is paid, as security for the full purchase price plus interest and costs within the framework of the prevailing legislation.
The products come with warranties which the manufacturer or supplier offers Cabcon A / S. The customer can not get any additional product warranty from Cabcon A / S. Cabcon A / S has no liability for other products that are delivered in the prior seller or supplied by other than Cabcon A / S. Warranty period is not extended due to Cabcon A / S repair faults or make replacement delivery of the products. Cabcon A / S shall not be liable for errors caused by incorrect use, changes or accident. The manufacturer’s or supplier’s warranty expanded or curtailed not affected by any further obligations or liability for Cabcon A / S because of that Cabcon A / S has exercised technical advice or service in connection with the supply of products.
Cabcon A / S responsibility for errors in a delivered product is limited to the above and the customer is not entitled to any other compensation in the event of defects in the delivered product.
Cabcon A / S assumes no liability for consequential damages or losses, regardless of whether they are on contract, tort, misinformation, etc., which may arise from or in connection with our delivery of goods to the customer.
It is the customer’s responsibility to check the products upon receipt regarding any errors or violations. Does the customer by his study of product malfunction or damage the customer must complain in writing and without undue delay and delay but not later than 5 business days from receipt. Otherwise, the customer shall be deemed to have accepted the products. If Cabcon A / S has a legitimate claim against the manufacturer or supplier, enters customer requirements towards this.
Items can not be returned without prior written agreement with Cabcon A / S. Always remember to give up goods, følgeseddel- and reference number and the name of the person with which the return is agreed. Without this information, the product will not be credited.
To the extent otherwise provided by mandatory legal provisions, the following shall apply with respect to product liability:
Cabcon A / S shall only be liable for personal injury if it is proved that the damage caused by errors or omissions Cabcon A / S or others who Cabcon A / S is responsible. Cabcon A / S shall not be liable for damage to real or personal property occurring while the goods are in the customer besiddelse.Cabcon A / S is not responsible for damage to products manufactured by the customer, or to products in which these included. Moreover, Cabcon A / S liable for damage to real and personal property under the same conditions as for personal injury. Cabcon A / S shall not be liable for loss of earnings or other indirect losses.
To the extent Cabcon A / S incurs liability to third parties, the customer is required to keep Cabcon A / S to the same extent as Cabcon A / S liability is limited by the above. These limitations Cabcon A / S liability shall not apply if Cabcon A / S has been guilty of gross negligence.
If a third party makes a claim against either party for liability under this clause, that Party shall notify the other party. Cabcon A / S and the client are mutually obliged to let themselves be summoned to the court or arbitral tribunal which examines claims made against one of them on the basis of damage allegedly caused by the goods.
Cabcon A / S is entitled to extend an agreed timetable in the event of labor dispute, war, sabotage, fire, water damage, burglary, governmental regulations, errors, breaches, delay in energy supply, telephone connection or other communications in transport or subcontractors’ performance or other circumstances beyond the Cabcon A / S or suppliers control, which prevents the execution of delivery.
Legal Issues for disputes to be treated in accordance with Danish law and must be settled by the Maritime and Commercial Court in Copenhagen. Deflector Maritime and Commercial Court to hear the case, the case must be decided by the Copenhagen City Court.