These terms (”the Terms”) apply to sales of services of any kind in the form of physical deliveries, pure services or a combination hereof, including sale of new and used stages, cable trays, lights, sound or AV equipment by (”NORDIC SALES & STAGING”) to (”the Customer”), unless otherwise agreed in writing. In case of any disputes between the Terms and the Customer’s terms of business these Terms take precedence over the Customer’s terms of business.
If NORDIC SALES & STAGING (hereafter mentioned NSS) gives a quotation that does not state a time limit for acceptance the quotation will lapse, if an acceptance has not reached NSS within 4 weeks of giving the quotation. Given estimates are only intended as a guide and are not binding to NSS, regardless of whether these estimates are given in a quotation or an order confirmation.
When giving an order the Customer is responsible for giving full information concerning the Customer’s own requirements and wishes to the service. NSS reserves the right to perform necessary general changes to the service without warning if deemed necessary.
The currency will always be stated on quotations, orders and invoices. As a rule prices are stated in DKK excl. VAT unless otherwise agreed. The Customer is required to accept changes to the price until delivery following documented increased costs for NSS, changes in exchange rates, customs, taxes, fees, etc. concerning the agreed delivery. Fitting, implementation, packing and transport are not included unless otherwise separately agreed.
Terms of payment are net cash before delivery unless otherwise agreed.
If the delivery is postponed due to the Customer’s conditions (claimant’s default) the Customer – unless otherwise stated in writing by NSS – is still obligated to make all payments to NSS, as if delivery had taken place at the agreed time.
If payment is made after the due date NSS is entitled to calculate interest on the at any time remaining debt from the due date 2% for every month or part of a month. There is also a reminder fee of DKK 95.00 per reminder.
The Customer is not entitled to deduct any counterclaims against NSS which have not been recognised by NSS in writing, and is not entitled to withhold any part of the purchase amount due to counterclaims of any kind.
NSS reserves the property right, with the limitations that follow from mandatory rules of law, to the sold goods/services until the entire purchase amount with added costs have been paid.
In case of modification or processing of the purchased item the retention of property is maintained to cover the modified or processed item to an extent equivalent to the value represented by the sold item at the time of purchase.
Delivery and transferral of risk to the Customer always happens when the delivery leaves NSS’s address regardless of whether NSS with own people or by third party according to separate agreement delivers the sold item to the Customer, and regardless of whether fitting, handing-over procedure or a similar service has been agreed upon.
The delivery time is determined by NSS to the best of their judgement in accordance with the conditions that are present at the time of quotation/entering into the agreement. Unless otherwise specifically agreed a postponement of the delivery time of 90 days due to NSS’s conditions is viewed as delivery on time, so the Customer cannot for that reason exercise any rights with regards to NSS. In case of a delay beyond this the Customer is entitled to annul the agreement. Annulment is the Customer’s only remedy for breach of contract and must be done in writing. The Customer cannot raise a claim for damages against NSS in case of late or missing delivery.
If a delayed delivery is due to NSS being in a situation of force majeure, as stated in paragraph 9, the delivery time will be postponed for as long as the hindrance is present, however both parties are entitled to annul the agreement if the hindrance lasts more than 90 days.
NSS must inform the Customer without undue delay of changes to the delivery time.
NSS is not responsible for project work and/or counselling to the Customer, unless a separate written agreement has been made concerning such project work/counselling. If the Customer wants to complain and claim compensation for the service it must be done in writing to NSS. The claim must be made immediately after the flaw has been found, however no later than 8 days after receiving the service.
Immediately after delivery the Customer is obligated to make the necessary examinations of the delivered item. In case of too late claim for compensation the Customer looses all right to claims based on a defect.
Changes or interventions to the purchased item without NSS’s written consent exempt NSS of all responsibilities.
If there is a flaw/damage to the delivered item for which NSS is responsible then NSS is always entitled to remedy and/or redeliver within a reasonable amount of time. If remedy and/or redeliver are performed then the Customer cannot make further claims against NSS.
NSS is not liable for loss of operation, loss of profit or other indirect losses arising from the agreement, including indirect losses arising from a delay or flaws and defects to the purchased item. NSS’s liability for damages can never amount to more than DKK 100,000.00.
NSS is not responsible for the occurrence of events that are normally classified as force majeure, regardless of whether force majeure occurs at NSS itself or at one of NSS’s subsuppliers.
In cases where the Customer is entitled to annul the agreement, or if the sold item is returned to NSS with the purpose of an exchange or a remedy of flaws, the sold item must be sent to NSS in the original packaging and at the Customer’s expense and risk. To the extent where shipment costs etc. are inflicted on NSS they are entitled to claim a refund of these costs by the Customer and may deduct them from any claims from the Customer against NSS. After finished repairs or in case of exchange the Customer is obligated to, at own expense and cost, pick up the repaired or exchanged item at NSS.
NSS or the manufacturer of the sold item has all the property rights to supplied non-material services, including but not limited to all copyrights. NSS also keeps the property rights to all programs, models, process methods and other similar tools developed by NSS’s and used in connection with the service.
Electronically stored materials and other tools developed for a delivery thus cannot be demanded delivered to the Customer.
So, upon delivery of non-material services the Customer only gets a non-exclusive right of use to the delivered service. The Customer agrees to not copy and/or distribute the delivered service, including drawings, specifications, etc. NSS is free to reuse the knowledge and the experiences that are achieved through fulfilment of the agreement, just as the tools that may have been developed in connection with this can be reused.
As a result, NSS maintains all the property rights to drawings, specifications, and the like.
Product liability is subject to the at any time applicable regulations under Danish law. NSS is not liable for property damage caused by services delivered to the Customer by NSS – regardless of type.
NSS is not liable for damages caused by virus/worm attacks or other similar damage to the Customer’s or third party’s hard and/or software that are due to software, instructions or documentation delivered by NSS nor correspondence or exchange of information via email or other electronic material given to the Customer.
If there is no gross negligence or intent from NSS then the Customer losses its right of recourse against NSS in case of third party claims to the Customer following property damage caused by services delivered to the Customer.
NSS is entitled to transfer all rights and obligations in accordance with the agreement to a third party without acceptance from the Customer.
Any disputes between the parties are settled according to Danish law. Disputes are settled at the Court in Kolding as the court of first instance.
The property right to all deliveries is assigned to NSS, until the complete purchase amount, including any costs and interest, has been paid.