Temporarily until Brexit clarification
Until all matters concerning Brexit have been determined, reservations are made for changes in customs rates, freight agreements, etc. on items from the United Kingdom on all offers.
HIN A / S Terms of sale and delivery The following sales & delivery conditions apply to the extent that they are not deviated from by other written agreement.
1. Offer, order and acceptance
Buyer’s orders and orders are only binding on HIN when the buyer has received written order confirmation. All offers are free-standing, unless otherwise stated. Offer from HIN, which is expressly binding on HIN, lapses if corresponding acceptance from the buyer is not received by HIN within 4 weeks from the date of the offer. Information in product information and price lists – in writing or electronically – is only binding to the extent that the order confirmation explicitly refers to them. In the case of order-produced goods, we reserve the right to deliver + – 10% of the quantity stated in the order. For orders under DKK 500, HIN is entitled to charge a handling fee of DKK 75.
2. Price and delivery conditions
The price applies to Ex Works (incoterms 2020) and is excl. VAT and other taxes. Reservations are made for changes in offer prices both before and after acceptance, taking into account changes in material prices, prices from subcontractors, changes in public taxes, price changes, wage changes and more. If the nature of the delivery changes or HIN’s costs increase in another way, as a result of conditions with the buyer, reservations are made for regulation of the stipulated price. Deliveries that are not covered by binding offers are made at the price on the day of delivery. HIN also reserves the right to make typing errors, price errors, VAT and tax changes, sold-out / discontinued goods and delivery failures from our suppliers.
3. Terms of payment
Unless otherwise agreed, payment must be made 8 days net from the invoice date. If another agreement has been entered into for payment, and payment is not made by the due date, HIN is entitled to default interest of 2% per. month of the amount due from the due date as well as a claim for payment of reminder fees. HIN A / S reserves the ownership of goods purchased on credit until the full purchase price has been paid. All costs in connection with the enforcement of the retention of title are borne by the buyer.
4. Delivery time
Unless otherwise agreed, delivery will take place as soon as possible. In cases where the delivery week has been agreed, delivery on the last day of the stipulated delivery week is in all respects to be regarded as timely delivery. HIN may require an extension of the delivery time in the following cases:
a. In the event of changes to the order required by the buyer.
b. In the event of a delay in deliveries or work services that the buyer himself performs or has performed.
c. I tilfælde af force majeure eller af, at arbejdet med leverancen må standses eller bliver forsinket ved offentligt pålæg.
d. In case of force majeure or that the work with the delivery must be stopped or delayed by public order.
In the event of force majeure or that the work on the delivery must be stopped or delayed by public order. In the above points, HIN also reserves the right to adjust the agreed price in accordance with the costs incurred by HIN in this regard. HIN is not obliged to compensate for losses due to non-delivery or possibly exceeding the delivery time.
5. Claimant mora
If the buyer fails to pick up the material or place an order for shipment after the time of delivery, HIN is entitled to store and insure the service at the buyer’s expense. If the buyer fails to pick up the material despite written request, HIN – even in cases where the material is manufactured specifically according to the buyer’s instruction or specification – is entitled to sell this as best as possible at the buyer’s expense.
6. Defects
HIN’s liability only covers defects which appear within 2 years from the day the material was delivered. HIN’s above-mentioned remedy or re-delivery obligation only covers wages and materials that are directly related to HIN’s obligation. All other costs associated with a defect that has occurred, including transportation, waiting money, diets, lodging, as well as costs of exposing or making available defective parts, are thus irrelevant. HIN’s obligation to remedy defects is conditional on the buyer proving that the delivered equipment is defective, and including documenting that the equipment has been stored, installed, used and maintained correctly and in accordance with the regulations supplied by HIN. In addition, HIN does not assume any further responsibility for the delivered material, which is why the buyer cannot cancel the purchase, demand a proportionate rejection or compensation or withhold the purchase price in whole or in part. HIN is only responsible for ensuring that what is delivered is sufficient and / or suitable for solving the buyer’s tasks in terms of capacity and other respects to the extent that it is HIN that has made sizing, etc., and to the extent that the buyer documents that they buy on this basis, information provided regarding the buyer’s requirements is correct and complete. Under no circumstances does HIN assume responsibility for consulting, dimensioning and other design carried out by third parties.
7. Product liability
Buyer shall indemnify HIN to the extent that HIN is held liable to third parties for such damage and such loss for which HIN is not liable to Buyer in accordance with the above points. HIN is not liable for damage caused by the equipment: a) on real estate or movables that occur while the equipment is in the possession of the buyer, b) on products manufactured by the buyer, or on products in which these are included, or for damage to property or movable property caused by these products as a result of the equipment. In no event will HIN be liable for operating losses, lost profits or other financial consequential losses. If a third party makes a claim against one of the parties for liability under this clause, that party shall immediately notify the other.
8. Limitation of liability
In no event will HIN be liable for operating losses, lost profits or other financial consequential losses.
9. Duty of complaint and investigation
It is the buyer’s responsibility to carry out a thorough examination of the material at the latest upon receipt. The buyer is obliged to immediately report in writing any defects that may be found in such an examination, and the buyer may not later invoke defects that could be found in such an examination. Buyer can also not claim defects if buyer fails to complain immediately about later found defects which the buyer has not found or should have found at the time of delivery. The buyer is obliged to cover HIN’s costs for complaints to the extent that the complaint is unfounded, or there are other defects for which HIN is not liable.
10. Return
Returns of goods can be made using HINs return form, can be requested by contacting HIN on +45 7625 9090 or hin@hin.dk. Returns of stocked goods can only take place when these have been purchased from HIN, are in undamaged condition and in original unbroken packaging. All shipping costs in connection with the return of goods are the responsibility of the customer. Items returned more than 30 days from the delivery date will not be returned. Non-stocked specialty and procured items cannot be returned. HIN is entitled to impose a credit fee of 20% of the value of the goods, however min. 300 kr.
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