The following terms and conditions of sales and delivery are valid, if the parties have not made other written agreements.
The conditions are valid for all agreements concerning sales of products and services made between the buyer and European Merchandise Group A/S (hereon after referred to as the seller).
2. Product information
Information regarding products found in pricelists, catalogues, advertisements, etc. is only binding for the seller if reference is made to the specific material in the offer/order confirmation. Special demands from the buyer are only binding upon seller’s written accept.
Drawings and other technical documents regarding the product given to the buyer remains seller’s property. This material must not be redistributed or in any other way misused.
Invoicing will be based on the price valid on the day of delivery.
If there are changes in collective wages, duties, raw materials and/or currency changes, freight, etc., which changes seller’s initial price, the seller reserves all rights to correspondingly change the stated price.
If the buyer wishes to have a hard copy invoice sent by standard mail, a fee of 50 DKK will be added. Overdue payment(s) will result in a payment reminder plus an additional fee of 200 DKK. Furthermore, interest rate of 1.5 % per month will be added starting from overdue date.
The terms of payment are Net 14 days unless other agreements have been made between seller and buyer.
Seller reserves the right to require pre-payment for first time buyers.
Prices are subject to changes, e.g. expired items replaced by improved/adjusted models.
Terms of delivery is DAP or Ex Works, unless other agreements have been made between seller and buyer.
Delivery time for domestic deliveries in Denmark is usually 2-3 business days.
Delivery time for export deliveries outside Denmark is usually 4-6 business days within the EU.
The stated delivery times are only valid for goods in stock. For sold-out goods the delivery time can be up to 16 weeks.
Seller cannot be held responsible for delayed deliveries and any additional costs this may cause for the buyer.
Goods can be picked up at the address John Tranums Vej 60, 6705 Esbjerg E, Denmark, on business days between the hours 8am-3pm.
5. Force majeure
If delivery is hindered or significantly hampered by war or war like conditions, riots, provisions or actions by any authority or government, including import- or export restrictions and strike, lockout, breakdown of machinery, mishaps during testing or transport, comprehensive fire damage, lack of supply of raw material or other circumstances beyond seller’s control, the specified delivery time will be delayed as long as such an obstacle persists. In view of the above-mentioned obstacles, buyer cannot cancel the deal and seller does not claim liability for late delivery of the goods.
If delivery has been prevented for more than 3 months from the specified delivery date, both parties have the right to cancel the deal without objections against the party cancelling the deal.
The same rules apply for each part delivery.
If the buyer finds defects in the delivered goods, the seller is obligated to remedy the defect without charge or seller can choose to send a replacement. The buyer cannot cancel the transaction, demand replacement, request a relative discount in the purchase price or replacement for lost production time or other loss.
Replacement of defect products takes place only after the product has been submitted to the seller for inspection.
If the defects are deemed to be substantial and are not corrected and re-delivered, no later than 6 months after the buyer's first written complaint, the buyer is entitled to terminate the transaction.
Buyer's right to complain is waived in case of interference and / or modification of the product by the buyer or third party, and in case of natural wear and tear, improper or careless treatment, overload or failure to comply with the seller's user instructions.
7. The lifespan of goods
For lifting equipment, if the product is used as intended for lifting, the product will last for a maximum of 60 months from the production date. At the time of delivery, seller guarantees that the product will have a lifespan of minimum 30 months. The above periods are assuming that the product passes the 6- or 12-month’s inspection by approved inspection facilities.
Complaints must be submitted in writing within 8 days of receipt of the delivery in question. If the complaint does not occur within the said time, the buyer's right to complain is waived.
9. Reservation of ownership
The ownership of the products sold and / or services remains with the seller until all services including any interest are paid.
Returns are only received by prior arrangement. On return due to regretted purchase, only the value of the goods is returned, minus 10 %. Shipping costs are not returned. Customized goods are not returned.
11. Product liability
If goods have not met inspection requirements, seller is exempt of liability.
Seller is not responsible for personal injury unless it can be proven that the damage is caused by significant negligence or mistakes committed by the seller.
Seller is under no circumstances liable for lost earnings, loss of service, loss of profits or other indirect losses.
If one or more terms of these sales and delivery terms cannot be enforced as a result of violating existing legislation or for any other reason deemed unenforceable, this does not affect the validity of the other provisions of these terms.
All sales are subject to Danish law. All disputes must be settled by the court, if they cannot be solved by seller and buyer.