Ordinary Terms of Sales and Delivery for SEALTECH ApS

The following general sales and delivery terms for SEALTECH ApS apply unless otherwise specified by written agreement.

Technical Specifications:

All goods are delivered according to applicable DIN Norm. Dimensions are stated in our product catalogues.

Copyright:

All drawings and technical documents handed over to Buyer before or after the conclusion of agreement will remain property of the company according to marketing Law. These may not be used by the Buyer or copied, reproduced, handed over or in any other way be brought to third-party’s knowledge without prior written permission.

Offers and Terms of Delivery:

The offer is valid until expiry of the date stated in the offer and so that acceptance has reached the Company prior to that date.

In the case that the offer does not state any deadline for acceptance the offer must be accepted within reasonable time. The offer is given subject to prior sale.

Prices:

The prices stated are the prices valid on the day of the quotation, but the Company reserves the right to invoice the prices that are valid on the day of delivery, unless otherwise is explicitly stated in the offer.

Delay:

The company takes no responsibility for such delivery barriers or delays caused by war,​blockage, embargo, strike, lockout, transport accidents, fire, flood, earthquake, storm, hurricane or other natural disaster, import- or export restictions, supply problems or other events that might complicate or delay the delivery, including delivery problems from the Company’s subcontractors.

Defects:

The Company is only responsible for defects due to errors made by the Company or the Company’s employees.

The Company is not liable to defects caused by incorrect application or use of the goods delivered or defects due to inccorrect information from the Buyer.

Also, the Company is not liable to defects or faults in raw materials from subcontractors. Likewise, the Company is not liable to defects caused by incorrect calculations not corrected by the Buyer although the Buyer was invited to control the calculations.

Product Liability:

The Company makes no warranty, expressed or implied, that parts manufactured from a given material will perform satisfactorily in the customer´s application. It is the customer´s responsibility to evaluate parts prior to use, especially in applications where their failure may result in injury and/or damage. It should also be noted that all elastomeric parts have a finite life, therefore a regular program of inspection and replacement is strongly recommended.

The Company is only liable to the damage caused by the goods sold if it is proved that the damage is caused by error or neglect made by the Company or the Company’s employees. However, The Company is never responsible for indirect damages such as operating loss, loss of profits or other indirect losses.

If the Company should be ordered liability in connection with the Buyer’s use of the sold goods, including resale, the Buyer shall compensate the Company for the liabiltiy to the extent that the liability exeeds the agreed limits.

The Buyer is obliged to let himself be subject to litigation at the same court and jurisdiction where litigation against the Company takes place. The Company’s liability is furthermore conditioned to the Company having shown gross negligence.

Delivery:

Unless the presence of other written agreement all goods are delivered ex stock, and the risk and costs of shipment rest with the Buyer.

The Company decides the method of shipment by discretion. The Company is not responsible for any freight variations.

Packaging:

The Company chooses the packaging itself. Packaging is not charged the customer, unless otherwise agreed.

Return of Goods:

Goods may only be returned by prior agreement, and then only against a fee of 20% of the invoiced price of the goods.

Terms of Payment:

Unless otherwise agreed, the Company’s terms of payment are 30 days net from invoice date.

If payment takes place later than the maturity date, an interest rate of 1,5% per month is incurred. In case of a substantial general rate increases the Company reserves the right to fix a higher rate. If the Buyer fails to comply with the payment terms, the Company is entitled to ship future goods COD.

Complaints:

The Buyer has an obligation to inspect goods immediately upon receipt to ensure that these are in accordance with what has been agreed between the parties.If, during this inspection, the Buyer finds that the goods are damaged or has other visible defects, complaints must be made within 8 days from the receipt of the goods. The same applies if such defect should have been discovered in equivalent inspections. If the Buyer forfeits to do so he is precluded from claims. In case of non-visible damages the Buyer is obligated to make complaints immediately after the defect is detected. In failing to do so the Buyer is precluded from claiming. A claim made will not justify any withholding of payment for done deliveries.

Guarantee and Limitation:

The Company gives a 12 month guarantee on the goods sold from date of delivery when the goods are applied under normal conditions. In such case, the Company will make necessary replacement of the goods as fast as possible within normal work hours.

The guarantee does not include damages due to general wear, bad maintenance or incorrect treatment. The guarantee is conditional to the goods being returned franco immediately and within 14 days after the defect is detected.

The Company’s guarantee responsibility does not include further losses or consequential damages without a prior written agreement. 

Other Agreements:

Further obligations than the above are only binding to the Company by prior written agreement accepted by the Company.

Incoterms 2000 are used.

Choice-of-Venue:

In case of a dispute between the parties in connection with the transaction made it is agreed that Danish Law is applicable for the ruling and that the venue will be the Hilleroed Court.

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​SEALTECH ApS  š•  Kratbjerg 238 C  š•  DK-3480 Fredensborg  š•  Phone: 70 28 10 60  š•  ​E-mail: info@sealtech.dk