General Terms & Conditions of sale for ET Europe ApS

This version of General Terms & Conditions replaces all previous versions The General Terms & Conditions found herein shall apply to all Business-to-Business transactions made by ET Europe ApS to sell goods and services to the Customer. Any additional or different terms may only be valid if made in writing and accepted by both parties.

1. The sale
1. 1.1Orders can only be accepted if the Customer has been approved and established with ET Europe ApS. The Customer is responsible for providing all relevant and necessary information to conduct a legal business relation, and to keep this information up to date. ET Europe ApS cannot be held responsible for any missing or inaccurate information.
2. 1.2Any order placed by the Customer, regardless of whether a deposit has been paid, shall subject to availability and shall not be binding for ET Europe ApS in the event the Products cannot be obtained.
3. 1.3All sales are made upon the conditions found herein and are final. The Customer may never return the Products unless they are found to be defective or other ways erroneous.
4. 1.4All orders are binding and can not be cancelled unless specifically agreed with an authorized representative of ET Europe.
5. 1.5If the Customer cancel an order, ET Europe ApS is entitled to charge a fee of 20 % of the purchase order.
6. 1.6By accepting the Products, the Customer shall be deemed to have agreed upon the conditions stated on the invoice or any other subsequent documents from ET Europe.
7. 1.7The terms and conditions set forth herein may in some instances conflict with some terms and conditions set forth in purchase orders or any other documents or communication from the Customer. This shall not be regarded as a waiver of any of the terms hereof. A duly authorized manager of ET Europe ApS must agree to any changes in the terms and conditions set forth herein before they are binding for ET Europe.
2. Prices
1. 2.1All prices are stated in DKK unless otherwise clearly stated and are exclusive of taxes and freight.
2. 2.2The Customer pays a price that is based on ET Europe’s official price list unless another price has been agreed upon in writing. The official price list is available upon request from ET Europe.
3. 2.3All prices are subject to change without notification. ET Europe ApS are entitled to change the price until the day of delivery if unexpected cost due to rise in currency exchange rate or other charges which are outside the control of ET Europe ApS is incurred.
3. Carriage
1. 3.1Carriage shall be provided by a common carrier, at the Customer’s risk and expense. Carriage charges will be added to all quoted prices and added to the invoice unless otherwise agreed.
2. 3.2Partial deliveries are all subject to carriage charges.
4. Terms of Payment
1. 4.1Unless otherwise agreed, the standard terms of payment are: Prepayment, Wire Transfer in Advance.
2. 4.2Late payment is subject to the interest rate set by Denmark's Nationalbank per month overdue.
3. 4.3ET Europe ApS may at its discretion choose to factor or sell any invoice, and the claim attached hereto, to an appointed financial services company. The Customer shall be duly informed if the claim has been factored or sold, where after the invoice may only be settled by payment to the appointed financial company. Late payment of a sold invoice will be subject to charges and/or interest according to normal practice of the appointed financial company.
4. 4.4Any balance that arises in due to issued credit notes in favor of the Customer cannot be paid out but will be put against the next invoice that is issued.
5. 4.5ET Europe ApS applies for credit insurance on each Costumer and stipulates the credit limit from the insurance cover. The Customers that are covered by a credit insurance will daily be supervised and at all time can the insurance cover be withdrawn or changed.
6. 4.6If the Customer can not be credit insured, the Customer must pay in advance, provide a bank guarantee or provide a parent company guarantee. The Costumer pays the expenses for providing the bank guarantee.
5. Title to the Goods
1. 5.1ET Europe ApS shall reserve and retain the title to the goods delivered under the terms set forth herein, until ET Europe ApS receive all outstanding payments from the Customer. The Customer shall be responsible for taking out insurance for the goods and keeping the goods insured until payments has been settle in full.
6. Delivery and Risk of Loss
1. 6.1Any delivery time is approximate only and based on the conditions at the time of the Customer's order. Unless otherwise agreed, delivery shall be complete upon transfer of possession to a common carrier, ex works shipping point, upon which all risk of loss, damage to or destruction of the goods shall pass to the Customer if sent on the Customer’s account and risk. If sent on the account and risk of ET Europe ApS the risk of loss, damage to or destruction of the goods shall be with ET Europe ApS until delivery at the agreed place of destination.
2. 6.2Unless otherwise agreed in writing, the means of shipment will be at the discretion of ET Europe ApS.
3. 6.3ET Europe ApSwill make part shipments when possible and will submit invoices for part shipments. The Customer is able to set a minimum order value that has to be met before part shipment will be made.
7. Force Majeure
1. 7.1ET Europe ApS will make all efforts to complete shipment, but shall not be liable for any losses or damages, or for any delay of a delivery, arising out of circumstances beyond its control, including, but not limited to, fire, acts of God, and acts of government or compliance with any government rules or regulations.
8. Warranty
1. 8.1Unless otherwise agreed in writing, ET Europe ApS warrants the goods sold hereunder against defects in the normal use thereof that arise solely from faulty materials or workmanship. Any warranty given to ET Europe ApS by its supplier shall be passed on to the Customer in under the terms set forth in such warranty.
2. 8.2No warranty extended by ET Europe ApS shall be apply to any goods that are defective due to misuse, neglect, improper installation, soldering or accident, or to goods sold as “used”.
3. 8.3The Customer is obligated to check the goods upon receipt and to report any claims in due time and within three (3) days from receipt of goods.
4. 8.4The foregoing warranty and the Customer's exclusive remedy hereunder will be a refund of the Customer's purchase based on the market price of the day of receipt of the Products.
9. Liability
1. 9.1Except for Customer's sole and exclusive remedy set forth in paragraph 8, ET Europe ApS shall have no liability or obligation to the Customer or any persons for any claim, loss, damage or expense of any kind caused in full or in part - directly or indirectly - by the inadequacy of the Products for any purpose, any deficiency or defect in any of the Products whether or not covered by the any warranty, the use or performance of any of the Products, and interruption or loss of service use or performance of any Products pr any special, direct, indirect or consequential damage or loss without limitation, personal injury or loss of business or profits, or other damage, regardless of whether the Customer has informed ET Europe ApS of the possibility or likelihood of such damage or loss or any other damage or loss
2. 9.2The Customer agrees to indemnify and compensate ET Europe ApS for any and all liabilities, loss, cost or damage described in the proceeding sentence, except for the sole and exclusive remedies set forth in paragraph 8, from claims from any party or parties (including without limitation, claims by Customer's customer, employees and similar) for personal injuries or death or damage to property (tangible and intangible) arising out the existence or use of the Products or any defect in the Products, whether or not such liability, loss, cost or damage in incurred in full or in part by any actual or alleged act or omission by ET Europe, its employees, suppliers or vendors, or by any defect in the Products, regardless of whether it is contended that ET Europe ApS contributed thereto in full or in part or was responsible for this by reason of a non-delegable duty.
3. 9.3ET Europe ApS reserves the right to grant credit for the value of goods found to be defective under the terms of the warranty. The warranty shall be granted on the express conditions that (1) immediate written notice of any defect shall be given to ET Europe ApS and (2) ET Europe ApS inspection reveals the Customer's claim to be valid under the terms of the warranty.
4. 9.4The use of images from our image bank is at your own risk. We disclaim every responsibility and cannot be held liable for any copyright claims that you may get from any copyright holder.
10. Limitations of Liability
1. 10.1In no event shall ET Europe ApS be liable for any loss of use, revenue, profit, custom, or any direct, indirect consequential or punitive damages, arising out of, connected with, or resulting from sale or use of goods delivered hereunder.
11. Disclosure
1. 11.1Any agreements, orders, pricing or technical information supplied by ET Europe ApS to the Costumer in connection with a sale of goods shall be treated confidentially and may not be revealed to any third party or parties.
12. Jurisdiction and Governing Law
1. 12.1These General Terms & Conditions are subject to Danish law.
2. 12.2Any dispute arising out of or relating to these General Terms & Conditions shall be settled by arbitration at the Danish Institute of Arbitration according to the rules of the Danish Institute of Arbitration.