1.1 EMBACOLLAGE’s general terms of sale and delivery apply to all offers, sales and deliveries, unless otherwise agreed in writing between the customer and EMBACOLLAGE.
1.2 Where EMBACOLLAGE’s general terms of sale and delivery do not cover offers, sales and deliveries of graphic products (printed matter, products with individual printing and specially manufactured goods), they apply to the graphic industry’s general terms of sale and delivery.
1.3 In the event of any inconsistency with the Buyer’s general terms of trade, EMBACOLLAGE’s general terms of sale and delivery precede.
1.4 EMBACOLLAGE reserves the right to use specially manufactured customer products as a reference, including at exhibitions and in catalogs. We must be notified in writing when ordering if this is not accepted.
Offer and acceptance
2.1 Tenders submitted by EMBACOLLAGE are based on the salaries and material prices in force at the time of the offer and only become binding when sending order confirmation from EMBACOLLAGE, or if no order confirmation is sent, when executing the order.
2.2 The buyer’s possible purchase conditions are without legal effect, even if EMBACOLLAGE has not expressly rejected them.
Prices and price regulation
3.1 Unless otherwise stated, all prices are exclusive of VAT and applicable taxes.
3.2 The price indicated by EMBACOLLAGE on an order confirmation is binding.
3.3 EMBACOLLAGE reserves the right to adjust prices without notice.
4 Payment terms
4.1 Net cash on delivery unless otherwise agreed in writing.
4.2 In the event of late payment from the buyer, EMBACOLLAGE is entitled to default interest, 1.5% per. month from the due date, as well as a reminder fee and any collection costs.
4.3 Purchases on credit can be given if a written agreement has been made, and in that case it applies under pkt. 5 specified.
5. Buy on credit
5.1 EMBACOLLAGE may grant the buyer credit on payment, if a written agreement has been reached.
5.2 A prerequisite for granting credit is that the buyer is obliged to state:
ZIP code. Town
5.3 In the case of personally run companies, the owner’s name and two most recent private addresses are also provided.
5.4 If the buyer has been granted credit, any change of address must be notified to EMBACOLLAGE immediately.
5.5 Other terms for the credit agreement are stated in the Trade Agreement between the buyer and EMBACOLLAGE.
6.1 We have day to day delivery to all of Denmark. Deliveries are sent free of charge unless otherwise agreed in writing.
6.2 Delivery takes place to a place designated by the buyer.
6.3 On production orders and orders for specially manufactured goods, EMBACOLLAGE reserves the right to a quantity deviation of +/- 20%.
7. Delivery time
7.1 Orders placed before 14:00 will normally be delivered the following day, unless other delivery times have been agreed in writing.
7.2 If there is an order confirmation from EMBACOLLAGE, the delivery time stated in this is applicable.
7.3 If EMBACOLLAGE’s timely delivery is hindered by circumstances as described in pkt. 9 (force majeure), the time of timely delivery is postponed by a period corresponding to the duration of the obstacle. However, both parties must be able to cancel the agreement in writing and without liability when the obstacle has lasted more than 30 days.
7.4 If EMBACOLLAGE’s timely delivery is hindered by circumstances due to the buyer’s circumstances, the time for timely delivery is postponed by a period corresponding to the duration of the obstacle.
8. Detection of defects and complaints
8.1 Upon delivery, the buyer is obliged to immediately check the delivered and without undue delay and no later than 8 days after receipt, to complain to EMBACOLLAGE in the event of established errors or defects.
8.2 If the buyer in connection with visible defects or deficiencies that are or should have been discovered, fails to complain as stated in pkt. 8.1, the right to claim the error or defect is forfeited.
8.3 If defects are demonstrated in the delivered item, EMBACOLLAGE is entitled and obliged to make a replacement delivery at its own choice, or if it is possible to remedy the defect.
8.4 In the event of visible defects and defects in the delivered goods that have arisen in connection with the transport, the buyer is obliged to notify the carrier in question and also ensure that the driver notes and acknowledges the defects and defects found on the consignment note.
8.5 Any claim, other than what follows from pkt. 8.3, such as claims for cancellation, price reduction, compensation for both direct and indirect losses, EMBACOLLAGE is irrelevant, unless the buyer proves that there is gross negligence on the part of EMBACOLLAGE.
9. Product liability
9.1 EMBACOLLAGE is only liable for personal injury and property damage to the extent that it follows from the Product Liability Act, Act no. 371 of 7 June 1989, with any amendments, cf. EC Directive (ADIR 1985,374).
9.2 To the extent that EMBACOLLAGE may incur product liability to third parties, the buyer is obliged to indemnify EMBACOLLAGE to the same extent as EMBACOLLAGE’s liability is limited in section 12.
10. Force majeure
10.1 The obligations of the parties under these terms of sale and delivery and under any agreement entered into exist only provided that the fulfillment of the obligations is not hindered or made unreasonably difficult or costly due to circumstances beyond the parties’ control, and which the parties could not foresee at the conclusion of the agreement (force majeure), e.g. – but not limited to mobilization, war, blockade, rebellion, energy crisis, epidemics, government intervention, including export bans, introduction of landfill schemes, conflicts, including conflicts at EMBACOLLAGE, fire and machine damage.
10.2 The provision in pkt. 10.1 also applies in the event of delayed, defective or missing deliveries from subcontractors, which are due to the conditions mentioned in the provision.
10.3 If one of the parties wishes to invoke force majeure, the party in question must notify the other party in writing without undue delay.
11.1 PACKAGING COLLECTION only receives delivered goods returned by prior agreement, as well as the enclosed copy of the invoice and only if the delivered item is returned unused and undamaged and in original packaging no later than 30 days after delivery. Seasonal items cannot be returned.
11.2 Items that have been repatriated and / or specially manufactured cannot be returned.
11.3 Returns are at the buyer’s expense and risk.
11.4 The buyer is credited with the full amount excluding freight and handling fees and less a 15% credit fee.
12. Limitation of liability and disclaimer
12.1 EMBACOLLAGE’s liability for defects and product liability is limited to that in pkt. 8 and 9.
12.2 EMBACOLLAGE’s liability to the buyer can never exceed an amount corresponding to the invoice amount for the delivery sold.
12.3 EMBACOLLAGE disclaims all liability for any indirect losses, including operating, time and profit losses.
12.4 EMBACOLLAGE and the buyer are mutually obligated to notify each other of claims for damages raised by a third party against one of the parties regarding a delivery covered by these conditions.
13. Choice of law and disputes
13.1 Any dispute in connection with these terms of sale and delivery or in connection with an agreement which is covered by these terms of sale and delivery shall be settled in accordance with Danish law, which shall also be used in deciding questions about the formal procedure for examining the item for sale. for the investigation and what precautions must be taken if the item is rejected. However, the rules of the Convention on Contracts for the International Sales of Goods shall not apply.
13.2 The Maritime and Commercial Court in Copenhagen must form a venue, as EMBACOLLAGE may, however, freely decide that a possible dispute must be decided at the buyer’s venue or by arbitration in accordance with the Arbitration Act.