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§1 Areas of application
1.1 These general terms and conditions of sale and delivery („Delivery Terms“) apply to all products (”Products”) supplied by Q-railing Europe GmbH & Co. KG (”Q-railing”), its associated companies or subsidiaries, including Q-railing Scandinavia, part of Q-railing Europe Holding GmbH, Germany, to any customer in Denmark, Sweden, Finland, Iceland and the Faroe Islands. These Delivery Terms are binding on both parties, unless expressly agreed otherwise. Q-railing is not bound by conditions set by the purchaser which diverge from these delivery terms unless such conditions are expressly agreed in writing between Q-railing and said purchaser. These sales and delivery terms will be deemed to be accepted by the purchaser in making an offer to buy.
§2 Terms of purchase agreements
2.1 Offers from Q-railings are issued without obligation and will be binding for two months, after which they will lapse. Purchase offers from the purchaser are only deemed to be accepted when said purchaser has received Q-railings‘ written confirmation of order. Deliveries are made solely on the basis of Q-railings‘ written confirmation of order.
3.1 Product prices are stated exclusive of VAT, carriage and/or other charges. The currency used will be stated on offers, order confirmations or invoices. Q-railing reserves the right to adjust the agreed prices for products ordered but not yet delivered in the event of exchange rate fluctuations, price increases for materials or by subcontractors, changes in pay rates, government interventions or similar circumstances. If such price changes occur, Q-railing will inform the purchaser thereof without undue delay. The purchaser will then have one week to inform Q-railing as to whether the new price offered is acceptable.
4.1 All invoiced amounts are due for payment 30 days from date of invoice, unless otherwise agreed on an individual basis. Interest is applied at 2% per month commenced, from when payment is due. The purchaser is not entitled to countercharge Q-railing, unless the responding demand is uncontested, or confirmed by court judgement.
5.1 Disposable packaging is included in the agreed prices.
§6 Delivery, delivery times and force majeure.
6.1 Q-railing will make every effort to fulfil delivery within 8 days of confirmation of order. Q-railing is entitled to carry out deliveries in batches. Q-railing may cancel an order or extend agreed product delivery times if the delay is wholly or partly due to circumstances which are reasonably beyond its control, such as riot, disturbance, war, terrorism, fire, statutory orders, strike, lockout or similar.
§7 Risk transfer during dispatch.
7.1 Delivery from Denmark is ex. Glostrup works. Delivery from Germany is ex. Emmerich am Rhein works. Q-railing is at liberty to choose the means of transport to be used unless the purchaser specifies otherwise. All resulting costs incurred by Q-railing will be paid by the purchaser and transport is at the purchaser‘s risk.
§8 Retention of title
8.1 Q-railing will retain title to the product until the whole purchase price and costs incurred in dispatching, delivering and insuring the Product have been paid by the Purchaser.
9.1 If Products are found to be faulty, the Purchaser has two years in which to lodge a complaint. The Purchaser must lodge the complaint with Q-railing as soon as possible after receiving the Products, or within a reasonable time period after the fault has, or should have been, detected. In any fault complaint, the Purchaser must send visual evidence of the alleged deficiency to Q-railing. Where Q-railing expressly requests it of the Purchaser, the Product must be sent to Q-railing Scandinavia with a delivery note containing details of the alleged fault. Transport and insurance is paid by the Purchaser. If Q-railing‘s own investigation shows that the Product is not faulty, it will be returned to the Purchaser at his expense. If Q-railing does discover faults, it will send the repaired Product, or its replacement, back to the Purchaser and cover transport and insurance. Otherwise, the Purchaser cannot file claims for faulty products. Complaints over mistakes in the number of WWW.Q-RAILING.COM 05-2017 Products delivered, or faults in packaging, must be made to Q-railing immediately after receipt of said goods.
§10 Limitation of liability
10.1 Q-railing shall not be held liable for indirect damage or loss of any kind. Q-railing‘s liability for damages, regardless of the legal basis, is limited to the invoice value.
§11 Intellectual property rights
11.1 Where Q-railing produces a Product based on the purchaser‘s construction plans, drawings, models, or other requests, said Purchaser will be responsible for any intellectual property implications. The Purchaser absolves liability on the part of Q-railing for any claim made by a third party.
§12 Partial invalidity
12.1 In the event that one or more of the clauses in these delivery terms are found to be invalid, illegal or inoperable, the validity, legality or operability of the other clauses shall not thereby be affected or diminished.
§13 Choice of law and disputes
Any dispute arising between the relevant parties shall be adjudicated in accordance with Danish law in the courts of Glostrup.
Valid from 4. December 2014
Q-railing Scandinavia - Fil. AF Q-railing Europe Holding GmbH, GER
Smedeland 26 A