Terms and Conditions
General
Terms of delivery which differ from the published terms and conditions, in particular any specific terms stipulated by the buyer, shall not be considered to be binding unless confirmed in writing by Akasel ApS (in the following called Akasel).
Offer and acceptance
Any offer made by Akasel shall be subject to confirmation. An order shall not be binding on Akasel until a written order confirmation has been sent by e-mail. All prices are quoted exclusive of VAT. If, from the time of the order confirmation to the time of delivery, changes occur in currency rates, taxes, rates of duty, freight rates, costs of raw materials or wages related to collective agreements, Akasel shall be entitled to increase prices accordingly. Unless otherwise agreed, the goods shall be shipped ex stock at the buyer’s expense and risk. A minimum purchase of €50.00 is required.
Delivery
Delivery within two weeks from the delivery time stipulated in the order confirmation shall in all respects be considered to constitute timely delivery and shall not entitle the customer to enforce any kind of remedies for breach. All orders are accepted subject to force majeure. Strike or lockout, fire or water damage, engine breakdown, power shortage, war at home or abroad, shortage of raw materials, or other similar obstacles shall entitle Akasel at its discretion to fully or partly postpone delivery of the goods. If the mentioned obstacles can only be overcome at unreasonably high costs or cannot be overcome at all, Akasel shall be entitled to cancel the order. Goods can only be returned by prior arrangement. In case of special orders manufactured according to separate specifications Akasel shall be entitled to deliver plus/minus 10 per cent of the agreed quantity.
Delivery and Payment
Akasel’s terms of payment shall be 30 days net cash at delivery unless otherwise agreed. If payment is not effectuated on time, Akasel shall be entitled to charge 1.5 per cent interest per month or fraction of a month from the due date of the invoice. The issue of an interest note shall be subject to a €10.00 charge. If, after the order has been placed, Akasel should find that the buyer’s ability to pay has deteriorated, Akasel shall be entitled to make execution of the order subject to the customer’s guarantee or prepayment, at Akasel’s discretion, of the order amount. Payment shall be made free of charge to Akasel.
Retention of title
The purchased goods shall remain the property of Akasel until the purchase amount has been paid in full.
Complaints and liability
Complaints shall be made in writing and without undue delay after the customer has received the goods and immediately after the customer has ascertained or should have ascertained any defects in the goods. No matter whether such defects can be ascribed to Akasel, Akasel’s liability shall hereafter be limited to repair of any defects or redelivery of the goods free of charge, at Akasel’s discretion. Akasel shall be liable for any defect in the products only to the extent that such liability is based on mandatory statutory provisions. Akasel shall not be liable for operating loss, loss of time or profit or other indirect loss. Otherwise, Akasel’s liability shall under no circumstances exceed the invoiced amount for the goods in question. Under no circumstances, including accidental damage or damage caused by ordinary negligence, shall Akasel’s liability exceed the invoiced amount for the goods in question. If Akasel should be held liable towards a third party for any damage which is due to the customer’s circumstances the customer shall be obliged to indemnify Akasel for any loss suffered. Also, the customer shall be obliged to be sued in the same court which deals with the legal action instigated against Akasel. Any technical information, specification, product information, catalogue, brochure, user manual etc. regarding the operation and use of the products as well as any other technical data on the products which have not been confirmed in writing under the agreement with the customer shall be intended as guidance only and shall not be binding on Akasel.
Disputes
Any disputes between the customer and Akasel which cannot be settled by negotiation, shall be subject to Danish law and shall be referred to settlement in the Maritime and Commercial Court in Copenhagen.