GENERAL TERMS AND CONDITIONS
The general terms and conditions listed below apply to all agreements made with OLC Pack ApS (OLC) unless otherwise expressly agreed. Likewise DHAB 2007 apply to all agreements made with OLC, if the agreement covers items within the scope of application of DHAB 2007, however, the general terms and conditions of OLC take precedence over the conditions of DHAB 2007.
The terms and conditions of the other contracting party are only valid if approved in writing by OLC.
1. Quotation and Acceptance
1.1. Unless otherwise stated quotations from OLC have a validity of 14 days from the date of quotation.
1.2. The customer’s acceptance, made in writing, must be in the hands of OLC before the deadline stated and is not allowed to contain any reservations in respect of the terms and conditions stated in the quotation. In case of discrepancy between the quotation and the acceptance, the acceptance will be considered as a new quotation. OLC is not bound by the contents of the acceptance unless they have in writing accepted the new quotation and the circumstances clearly show that OLC was aware of the discrepancy.
2.1. The prices quoted are based upon the prices and costs, including material, prices, wages and other production costs at the time of the quotation/order confirmation. Any changes to these prices and costs – including changed or new taxes and dues – up to time of delivery, entitle OLC to adjust the prices quoted/accepted correspondingly.
2.2. In case of orders for less than Dkr. 300,00 excl. of V.A.T. a handling fee of Dkr. 50,00 will be charged.
3.1. Delivery of goods from OLC is effected according to INCOTERMS 2010 EX WORKS OLC´s address in Silkeborg, unless otherwise agreed.
3.2. If OLC should choose to dispatch the goods to the customer it will be only be done at the customer’s authority, responsibility and cost. In such situations OLC maintain the right to dispose of the goods during transport. Moreover OLC will be entitled to send the goods cash on delivery. Usually such deliveries will be effected by road transport.
3.3. The time of delivery is calculated from the date when OLC receive complete information conc. the execution of the order, including all necessary technical details and formalities.
3.4. The date of delivery will always be approximate.
4.1. If the goods ordered are not stock goods, OLC reserve the right to deliver up to +/- 10% above/below the quantity ordered.
5.1. Unless otherwise agreed the amount invoiced is due for payment net cash after 30 days. In case of overdue payment interest will be charged with 1% each month from due date. If the customer fails to fulfil the payment obligations, OLC is entitled to stop the execution of all other orders from the customer. If the amount due is not paid within an additional time limit given by OLC, OLC is entitled to cancel all agreements made with the customer.
6. Right of ownership
6.1. OLC reserve the right of ownership to the goods sold until payment has been effected.
7. Force majeure
7.1. In case of force majeure which could be strike, lockout, fire, flooding, essential damage to machinery, extensive interruptions of operations, war, ban on import and export, seizure, authority provisions, ice obstacles, shipwreck and loss, delays during transport, failing or faulty delivery from sub-supplier, lack of raw materials or energy or other incidents beyond the control of OLC, OLC is entitled to postpone or cancel the execution of an order. In case an order is postponed or cancelled the customer is not entitled to claim compensation or raise any other claims against OLC.
8.1. The customer is obliged to check the goods delivered immediately upon receipt.
8.2. Complaints must be made in writing within 8 days from date of invoice or date of delivery, if the latter is latest. Otherwise the complaint will not be taken into consideration.
8.3. OLC’s responsibility for defects, according to item 9 below, will become invalid if a complaint from the customer is received by OLC more than 1 year after delivery of the goods.
9. Responsibility and limited responsibility
9.1. OLC’s responsibility for loss of, damage to or delay of the goods, as well as their responsibility for other damage, follows the stipulations of DHAB 2007, however, with the provision that a claim for compensation can never exceed Dkr. 500.000 for each incident.
9.2. Conc. responsibility for delay in cases where the parties have expressly agreed to depart from DHAB 2007, or where DHAB 2007 is not applicable, OLC is responsible for the documented loss of the customer caused by the delay in accordance with the general rules of Danish legislation. No compensation is paid for any possible operating loss of the customer, loss of profit or any other indirect loss suffered by the customer, including loss due to customer’s legal obligations towards a third party, and compensation can never exceed the purchase price and will be Dkr. 100.000 at the maximum for each incident.
9.3. Conc. responsibility for defects ascertained on the goods delivered, and for which OLC is responsible, in cases where the parties have expressly agreed to depart from DHAB 2007, or where DHAB 2007 is not applicable, OLC is at their own discretion entitled to repair the defects or make a new delivery, provided that it takes place within 30 days after the customer’s claim, made in writing to OLC in due time and in a way that OLC has the possibility to decide whether they want to repair the defects or make a new delivery. If the customer has taken the goods in question out of Denmark, the customer is obliged either to send the goods back to Denmark, at customer’s account, or to pay all additional costs for OLC for having them carrying out the repair abroad. If OLC repair the defect or make a new delivery, the customer is not entitled to submit any other claims to OLC in connection with these defects. If OLC omits to repair the defect or to make a new delivery, OLC is obliged to pay compensation to the customer for his documented loss caused by the defect in accordance with the general rules of Danish legislation. No compensation is paid for any possible operating loss, loss of profit or other indirect loss suffered by the customer, including loss due to customer’s legal obligations towards a third party. Compensation can never exceed the purchase price and will be Dkr. 100.000 at the maximum for each incident.
9.4. Conc. product liability OLC is only responsible according to Danish legislation, and OLC renounce responsibility for damage to products on any other basis. Please pay special attention to the fact the OLC is not responsible for operating loss, loss of profit or any other indirect loss suffered by the customer, including loss due to customer’s legal obligations towards a third party. The customer is obliged to immediately inform OLC if damage to a product occurs or if there is a risk that such damage might occur. In case OLC is found liable in respect of a third party for product liability, the customer is obliged to hold OLC indemnified to the same extent as the responsibility of OLC is limited as described above. The customer is obliged to take legal proceedings at the same court which is handling the case against OLC conc. product liability. Compensation for product liability can never exceed Dkr. 5 mil. for each incident.
10.1. It has been agreed that any dispute between the parties must be brought before the court of Viborg, Klostermarken 10-12, DK-8800 Viborg.
10.2. Danish legislation, except for Danish international rules conc. choice of jurisdiction, is to be applied to solve any dispute between the parties.