The following terms and conditions of business shall apply to all orders. Any special agreement must be made in writing an approved by us to be binding.
Prices shall only be binding once the order has been approved. Prices shall be exclusive of any from of levy, including value added tax, costs for packing, certificates, insurance and freigt charges.
Offers shall always be subject to confirmation.
Orders shall be noted subject to satisfactory cultures an any form of force majeure which prevent us from meeting orders in full and on time, including labour disputes, strikes, lockout and any circumstances beyond our control, such as fire, war, currency restrictions, shortcomings in goods supplied by subcontractors or delays to such supplies which are due to any of the circumstances specified in this section.
Packing shall take account of the nature of the goods, the season and the duration of the journey and shall be at the buyer's expence.
The goods shall be delivered ex nursery and forwarding shall be at the buyer's expense and risk. The goods shall be forwarded by the means we judge to be best and cheapest unless we receive special instructions from the buyer.
Certificate of health, in accordance with the regulations of the import country, is issued for each shipment. The costs involved will be charged to the buyer.
If any possible claim is to be admittet it must be submitted to us in writing no later than 5 days after the arrival of the goods at the destination designated by the buyer. Any possible reduction in the purchase price/indemnification shall be limited to and cannot exceed the invoise amount.
The seller accept no liability for growht, as weather conditions, cultivation conditions and the like are of decisive importance. All goods are guaranteed true to variety. Any indemnifikation cannot however exceed the invoice amount.
Payment for the goods shall be made no lager than 8 days after their arrivel. Interest shall be added for late payment at a rate of 1,5% per month or part thereof from the invoice date. Amounts of less than DKK 500,00 shall be collected on delivery however. Credit without interest for up to 2 month from date of deliver is willingly granted after agreement to customers, who are known to be reliable. Fro credit for more than 2 month normal Danish Bill-interest is added - 1,5%. We reserve ourselves the right to demand payment in advance for already confirme we receive unfavourable information of the finacial standing of the buyer.
Any delivery takes place on the basis of the following rentention of title which is described in details. This is also the case for all future deliveries, althought this may not necessarily be specified in connection with the individual delivery.
- All delivered goods - including in future - shall remain our property until the buyer has paid the full and final price for all outstanding accounts in the business relationship between us and the buyer.
- The buyer shall be entitled to resell the goods covered bye the retention of title as part of normal operations of the business. The buyer must immediately transfer all claims to us which he may axquire from the resale til his customer or a third party which correspond to our outstanding accounts including VAT irrespective of whether the goods covered by the retention of title were resold before or after processing. We shall accept this transfer. The buyer shall still be entitled to recover the debt fro right if the buyer does not meet his payment obligations. In this case the buyer shall be under an obligation to inform us of the debts transforred and by whom they are owed, to provide al necessary information regarding collection, to make all required documents available for enforcement and to inform his customer of the transfer.
- Processing of the goods covered by the retention of title shall be carried out by the buyer on our behalf without our incurring obligations of any type in this connection. In the case of processing, combining, joining or mixing the goods covered by the retention of title with other goods which do not belong to us, we shall acquire joint ownership of the new goods, pro rata according to the ration between the invoice value of the goods covered by the retention of title and the invoice value of the other charge.
- As security for our claims against the buyer, the buyer shall also transfer to us such claims as he may obtain against a third party if the goods covered by the retention of title are installed or put into real property. We shall accept this transfer.
- In the case of breach on the part of the buyer we shall be entitled to repossess those of the goods which are covered by the retention of title / the buyer is under an obligation to return the goods in question to us. Such repossession of the goods does not imply that the contract in cancelled unless we so declare in writing.
- The buyer shall be under an obligation to insure the goods covered by the retention of title on his own account to a sufficient extent against theft, destruction, fire and damage by water.
- We shall be under an obligation to release the security to which we are entitled at the buyer's request when its value exceeds the secured accounts by more than 20%.
Disputes concerning goods supplied on these terms and conditions shall be decided according to Danish law with the municipal court in Skive as legal venue.