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Terms and conditions
These terms and conditions of purchase apply to all special offers, sales and deliveries unless otherwise agreed in writing between the parties. A contract issued by BACHER A/S’ salespeople is only binding for BACHER A/S once it has been approved by BACHER A/S’ head office.
All prices are in Danish kroner (DKK) and exclude VAT. BACHER A/S prices are stated on BACHER A/S’ current price list or a specific special offer, which also contains information on delivery costs calculated by BACHER A/S as a result of changes in exchange rates, customs duties, taxes and fees related to the delivery.
Payment must be made no later than the date stated on the invoice as the final date of payment. As a rule, payment must be made eight days’ net cash. If a payment date is not specified, payment shall be cash on delivery. BACHER A/S is entitled to charge default interest and reminder charges on the overdue payment of 1.2% per month until the balance owed is paid, if the payment is made after the due date. The buyer’s payments are first depreciated with accrued interest due and costs. Then the debt.
The buyer is not entitled to offset any counterclaims against BACHER A/S that are not acknowledged in writing by BACHER A/S, and they are not entitled to withhold any part of the purchase price due to counterclaims of any kind. If delivery is delayed due to the buyer’s circumstances of any kind, the buyer is obligated to pay BACHER A/S, as if delivery had been made on time. BACHER A/S can waive this by written notice.
4. Retention of title:
BACHER A/S retains ownership of delivered goods until the full purchase price including delivery costs and any interest and costs are paid in full.
Delivery is ex warehouse from BACHER A/S’ address. Delivery is at the buyer’s expense, unless it is expressly stated that delivery costs are included in the price. Delivery costs (shipping, postage, packing, etc.) are stated on BACHER A/S’ current price list. Delivery times are determined by BACHER A/S according to BACHER A/S’ best estimate in accordance with the conditions that existed at the time the offer was made or the agreement was entered into.
BACHER A/S shall not be liable for delays in deliveries, but will always strive for timely delivery. If an order is not collected within 7 days after the invoice date, BACHER A/S reserves the right to charge a handling fee of DKK 500 per order. All orders under DKK 1500 excluding VAT have a minimum order fee added of DKK 150 per order, except if the order is placed via the BACHER B2B Online shop.
6. Ordering error:
Goods are generally not returnable. In special cases, the return of goods/cancellation of orders can be made by prior written agreement, and it only applies to stock items in their unopened original packaging.
Orders for customer unique products cannot be cancelled and are not returnable. BACHER A/S reserves the right on the return of goods/cancellation of orders to charge a return fee of 15% of the invoice value, however, min. DKK 250. Goods are credited at current listed prices.
7. Product information:
Reservations are made for errors and changes in information in brochures and other sales material.
Any errors and changes cannot be invoked against BACHER A/S.
8. Product changes:
BACHER A/S reserves the right without notice to change products or parts thereof as long as it is done without functional inconvenience to the buyer.
9. Intellectual property:
All trademarks on products are and remain the property of their respective rights owner. Commercial use of these trademarks requires prior authorisation from their respective rights owner.
11. Defects and complaints:
Upon delivery, the buyer must immediately perform an inspection of the goods sold that a proper transaction requires. If the buyer wishes to report a defect, the buyer shall immediately, and no later than 48 hours from the time of receipt, give BACHER A/S written notification and specify the defect. If the buyer has discovered or should have discovered the defect and not complained as stated, the buyer cannot later make a claim for a defect. BACHER A/S may freely choose to correct the defect or make a re-delivery.
Changes or alterations to the purchased goods without BACHER A/S’s written consent releases BACHER A/S from any liability. If BACHER A/S request, the buyer must immediately after the complaint, at the buyer’s risk and expense, return the allegedly defective goods to BACHER A/S in its original packaging. BACHER A/S reserves the right at any time to only receive the allegedly defective part. If BACHER A/S has undertaken to provide service by a separate agreement, the service obligation only applies to the products sold. BACHER A/S reserves the right to test the products alleged to be defective. If BACHER A/S finds the goods were OK after the test, it must be expected that the product is returned with an invoice for the work done. Only after the test will BACHER A/S make any replacement/credit. Exchanges: The goods will be exchanged for similar goods and the number that was received.
12. Limitation of liability:
A claim for compensation to BACHER A/S shall not exceed the amount invoiced for the item sold. BACHER A/S’ liability is limited to direct loss and BACHER A/S shall not be liable for operating loss, loss of profits or other indirect losses. BACHER A/S shall not be liable for delays or defects caused by repair or replacement or the attempt thereof. BACHER A/S shall not be liable if the following conditions prevent compliance with the purchase or make it unreasonably burdensome. Industrial disputes or other circumstances that the parties have no control over, such as fire, war, mobilisation or the like, requisition, confiscation, currency restrictions, riots and civil commotion, lack of transport means, general scarcity of goods, fuel restrictions, as well as defects or delays in deliveries by sub-contractors caused by any of the above circumstances or circumstances in general that significantly hamper BACHER A/S’ fulfilment of the agreement. Circumstances as mentioned, which occurred prior to the offer being submitted/agreement entered into only leads to freedom from responsibility if their effect on the performance of the agreement could not be foreseen at this time. The products are designed for general commercial use. Use of the products in critical systems including safety, nuclear, military facilities/installations, supply activities, life support systems or to produce weapons are not allowed without written consent from the manufacturer.
13. Product liability:
To the extent not under Danish law’s mandatory rules on product liability, the following restrictions apply: BACHER A/S shall only be liable for damage caused by one of BACHER A/S’ delivered goods to the extent that it can be proved that the damage was caused by their fault or negligence.
14. Transfer of rights and obligations:
BACHER A/S is entitled to transfer all rights and obligations under the agreement to third parties.
Any dispute between BACHER A/S and the buyer shall be settled according to Danish law by the Copenhagen City Court/Eastern High Court as the venue.
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