Terms of Sale and Delivery
The following terms of sale and delivery for BACKTEE shall apply to all orders unless otherwise is agreed in writing.
Acceptance of Orders
Any order accepted by BACKTEE shall be subject to force majeure, inadequate sales of the design ordered and sub suppliers' failure to deliver materials required for production.
Any order accepted by BACKTEE shall be subject to force majeure, inadequate sales of the design ordered and sub suppliers' failure to deliver materials required for production.
A binding contract of sale shall only arise between BACKTEE and the customer when a written confirmation of order is sent by BACKTEE.
The customer shall be entitled to cancel any order for a period of 8 days as from the date of the offer to purchase.
BACKTEE shall be entitled to reject any order in case satisfactory credit information about the customer can not be obtained.
Terms of Delivery
All goods shall be delivered ex works in accordance with the ICC's Incoterms 2010 unless otherwise expressly stated on the confirmation of order.
All goods shall be delivered ex works in accordance with the ICC's Incoterms 2010 unless otherwise expressly stated on the confirmation of order.
Time of Delivery - Delays
BACKTEE reserves the right to postpone the date of delivery for 14 days. In case of delays attributable to circumstances construed as being force majeure situations, the date of delivery shall be postponed for the duration of any such circumstance preventing delivery.
BACKTEE shall also be entitled, at its option, to either postpone the delivery of an order or to cancel an order if the customer fails to make payments for goods previously delivered. This does not entitle the customer to cancel present orders.
BACKTEE does not compensate any losses caused by delays.
Prices
Any prises quoted shall be subject to changes in customs duties and excise taxes of any kind and sudden exchange rate fluctuations. In case BACKTEE intends to invoke any such change, BACKTEE shall inform the customer thereof forthwith.
Any prises quoted shall be subject to changes in customs duties and excise taxes of any kind and sudden exchange rate fluctuations. In case BACKTEE intends to invoke any such change, BACKTEE shall inform the customer thereof forthwith.
Payment - Interest
Unless otherwise agreed in writing, the terms of payment of the purchase sum shall be current month plus 30 days as from the date of the invoice. Interest shall automatically be charged on overdue accounts at the rate of 1.5% per commenced period of a month as from the due date. If the purchase sum is paid after BACKTEE has taken steps to recover the claims through the courts, the purchaser shall pay all incidental costs.
Unless otherwise agreed in writing, the terms of payment of the purchase sum shall be current month plus 30 days as from the date of the invoice. Interest shall automatically be charged on overdue accounts at the rate of 1.5% per commenced period of a month as from the due date. If the purchase sum is paid after BACKTEE has taken steps to recover the claims through the courts, the purchaser shall pay all incidental costs.
Property
The property in the goods delivered shall remain in BACKTEE until payment in full has been effected.
Complaints
Complaints shall be made within 8 days of receipt of the goods at the latest. Complaints concerning part-deliveries shall not entitle the customer to cancel the remainder of the order. Complaints of non-visible damage shall be made within 8 days of the day on which the damage first could have been discovered, but not later than 6 months after reception of the goods.
Complaints shall be made in writing and contain a precise statement of the nature of the error or defect. Complaints shall be subject to acceptance by BACKTEE before any goods are returned.
Reliefs (Force Majeure)
The following circumstances shall be considered as cases of relief if they impede the performance of the contract of render performance thereof unreasonably burdensome: industrial disputes and any other circumstance beyond the control of the parties such as fire, war, mobilization or draft for military service of a similar scope, requisitioning, sequestration, currency restrictions, insurrection and civil unrest, shortage of transport, general shortage of materials, restrictions in the use power and non-delivery or delays in deliveries by sub suppliers attributable to any of circumstances mentioned hereunder.
The following circumstances shall be considered as cases of relief if they impede the performance of the contract of render performance thereof unreasonably burdensome: industrial disputes and any other circumstance beyond the control of the parties such as fire, war, mobilization or draft for military service of a similar scope, requisitioning, sequestration, currency restrictions, insurrection and civil unrest, shortage of transport, general shortage of materials, restrictions in the use power and non-delivery or delays in deliveries by sub suppliers attributable to any of circumstances mentioned hereunder.
The party wishing to claim relief by reason of any of the said circumstances shall notify the other party in writing without delay on the intervention and on the cessation thereof.
BACKTEE reserves the right to terminate the contract if, by reason of any of the said circumstances, the performance of the contract becomes impossible for more than six months.
Sales Address
In the absence of any written agreement with BACKTEE to the contrary, goods shall only be sold from the business address stated on the order.
In the absence of any written agreement with BACKTEE to the contrary, goods shall only be sold from the business address stated on the order.
Venue and Law
Any dispute shall be settled by the Maritime and Commercial Court of Copenhagen in accordance with Danish Law.
Any dispute shall be settled by the Maritime and Commercial Court of Copenhagen in accordance with Danish Law.
