TERMS OF SALE AND DELIVERY

These terms and conditions form part of the agreement entered into or to be entered into pursuant to the quotation, order confirmation or invoice as set out on the front page

1. Quotation

a) expires within 90 days of submission, unless otherwise specified in the quotation.

If the buyer changes the specifications, the quotation becomes immediately invalid.

b) The technical data and dimensions given in our catalogues etc. are only indicative. We reserve the right to change without prior notice.

Nextech A/S assumes no responsibility for errors in this material.

c) Special terms and conditions of purchase or specific requirements for the purchased goods on the part of the buyer, stated in the buyer’s order or in the buyer’s general terms and conditions of purchase, are not binding on Nextech A/S unless Nextech A/S has expressly agreed to the terms and conditions in writing.

d) Measurement drawings or other technical documentation may not be disclosed to third parties without our written consent.

2. Delivery

a) Unless otherwise agreed, delivery is made at the buyer’s expense and risk.

b) Nextech A/S reserves the right to deliver in instalments.

3. Price

a) All prices are in Danish kroner (DKK) exclusive of VAT, and the buyer must accept price changes due to changes in customs duties, taxes, exchange rates, fees, etc. 

4. Delivery time

a) The delivery times stated are valid from the date of receipt of the order, calculated in whole effective working weeks, unless Nextech A/S states otherwise.

b) Nextech A/S assumes no liability for delay of complete deliveries or partial deliveries caused by force majeure, including lockout, strike, industrial accident, lack of transportation, delay in delivery of components or other material from third parties, force majeure or other external circumstances.

c) Delay of complete deliveries or partial deliveries shall not entitle the customer to cancel the order.

5. Payment

a) Unless otherwise agreed, our normal payment terms are 14 days net.

b) If the payment due date is exceeded, interest will be charged on the amount due, at a rate of 2% per month or part thereof, starting from the due date.

c) Nextech A/S retains ownership of the goods sold until the full purchase price, plus accrued costs and interest, has been paid.

d) Complaint claims or failure to meet delivery deadlines do not entitle the buyer to withhold any payment.

6. Warranty

a) Nextech A/S provides a 12-month warranty on delivered goods, starting from the invoice date, provided that the defects are not due to faulty installation, lack of maintenance, inadequate repair by the buyer, normal wear and tear, unusual operating conditions, etc.

The warranty includes: Defects in material, design or workmanship.

b) Nextech A/S shall not be liable to the buyer for any consequential or indirect loss arising from or in connection with a purchase agreement governed by these General Terms and Conditions of Sale and Delivery, including, but not limited to, production downtime, loss of profit, loss of goodwill, loss of data, transportation, loss of business or working time during repair, or replacement of defective parts or complete units.

c) For any parts of foreign make that are included in the delivery, the same warranty applies as Nextech A/S obtains from their supplier.

d) When the buyer discovers a defect, they must describe and specify the alleged defect in writing to Nextech A/S without undue delay, but no later than 2 months after the invoice date.

7. Correction of defects and deficiencies

a) Claimed goods shall be returned to us carriage paid for repair or replacement, and only after prior agreement.

b) Unless otherwise agreed, repairs shall be made during normal working hours.

c) If the defect cannot be rectified, the seller reserves the right to take back the defective item in return for reimbursement of the invoice amount for the item, without the buyer being able to claim any further liability from the seller.

d) If defects are found for which a claim can be made against Nextech A/S, Nextech A/S is entitled and obliged to, at its own discretion, either redeliver, remedy the defect or give the buyer a proportional reduction in the agreed purchase price. The buyer is thereby fully and finally indemnified against any claim arising from the defect. Nextech A/S is never liable for indirect damages.

e) Replacement deliveries covered by the warranty shall be delivered free of charge to the buyer’s addresses in Denmark.

f) Defective or incorrectly delivered goods must be reported to us within 8 days of receipt. Incorrectly delivered goods that have been reported to us can be returned to us postage-free within 8 days of receipt, provided that the goods are accompanied by the buyer’s consignment note and returned in the original packaging.

g) Goods damaged in transit shall be reported by the buyer to the carrier upon receipt. 

8. Returns

a) Custom-made goods in special design which are not normally included in our stock range and goods taken into stock for the buyer’s order will not be taken back.

b) Stocked goods and goods for inspection (not special design) can be returned to us until 2 months after the invoice date.

The return is conditional on the following:

- An agreement is reached with Nextech A/S prior to the return.

- The goods are accompanied by a consignment note indicating the invoice/consignment note no.

- The goods are unassembled.

- The goods are returned in their original packaging.

- The goods are returned to us with postage paid.

For returns of standard goods, a 15% return fee will be charged.

For goods for order, no return fee is charged.

We reserve the right to make changes to the price list without prior notice, and we also reserve the right to correct any typographical errors.

Delivery is made with our usual terms and conditions of sale and delivery.

9. Product liability

a) Damage to the buyer’s or a third party’s commercial property caused by defects in Nextech A/S’ product is only covered by Nextech A/S’ liability if it is proven that the damage is due to fault or negligence on the part of Nextech A/S or its employees.

b) In any case of product liability, Nextech A/S accepts no liability for indirect damages and losses, consequential damages, operating losses, loss of profit or other loss.

c) Nextech A/S’ liability for product damage can never exceed the amount of coverage in Nextech A/S’ product liability insurance, if any.

d) Nextech A/S’ product liability ends 4 years from the seller’s completion of the delivery, in any case not later than 4 years from the seller’s invoice date for the delivery.

e) Nextech A/S shall be indemnified by the buyer to the extent that Nextech A/S is held liable to a third party for such damage or loss for which Nextech A/S is not liable to the buyer under this clause 9.

10. Partial invalidity

a) If one or more provisions of these terms and conditions of sale and delivery are found to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions shall not be affected or impaired thereby.

11. Jurisdiction for disputes

Any dispute between the parties shall be settled in accordance with the Danish Sale of Goods Act in force from time to time, with Nextech A/S’ local court as the jurisdiction for disputes. 

Danish Sale of Goods Act and ICC rules