The sales- and delivery terms are valid for all offers, sales and deliveries, unless otherwise agreed.
The prices are stated per meter excl. VAT and PVC-fees. Prices may be amended without notice by changes of foreign exchange rates, copper rates, taxes and other public fees.
Any written offer is binding for Scankab Cables A/S for 30 days from date of offer, unless otherwise stated. All offers are subject to prior sales.
The specific delivery terms are agreed upon between the customer and Scankab Cables A/S. If no other agreement has been made, delivery is considered to have taken place upon handing over the shipment to the foreign carrier. Insurance of buyer’s transport risk will in such case only be taken out by Scankab Cables A/S, if this is agreed upon in writing. Whatever terms are agreed upon about the delivery, it is buyer’s responsibility to ensure that the goods can be delivered under sound circumstances.
Shipping in Denmark is EXW (Ex Works) unless you have another agreement. Delivery outside Denmark according to agreement.
Concerning delivery time following is applicable: if nothing else is agreed upon, shipment of the order will take place as soon as possible. Scankab Cables A/S can demand a postponement of delivery time by the following conditions:
- By alterations of the order, demanded by buyer
- By delays of deliveries or work output, which buyer himself carries out or lets someone carry out
- In cases of force majeure, cf. present delivery terms (see section "Delays” below)
- In cases where work with the delivery must be stopped or is delayed by causes on which Scankab Cables A/S has no influence
In the above-mentioned points 1, 2 and 4, Scankab Cables A/S furthermore reserves the right to regulate the agreed price in accordance to the costs imposed to Scankab Cables A/S.
Delivery delay due to strike, lockout, war, fire or other force majeure does not entitle buyer to compensation. Scankab Cables A/S is without groundless delay obliged to inform buyer if force majeure or other circumstances occur, of which Scankab Cables A/S is not responsible.
Returning of goods
Generally, returning of goods can only happen upon agreement. Upon mis-ordering and returning of goods is credited with max 85% of the invoiced amount. Specially ordered goods are not returnable.
Net cash, if nothing else is agreed. Buyer is not entitled to deduct possible counterclaims against Scankab Cables A/S. Scankab Cables A/S reserves the right to demand security of payment, and such security can be demanded even after accept of order. If the invoice is not paid on time, an interest on overdue payment is calculated according to invoice.
Scankab Cables A/S reserves the ownership to the sold goods until the full purchase price with increment of possible costs is paid to Scankab Cables A/S.
Lacks and complaints
Upon delivery, buyer must immediately perform an investigation of the goods from Scankab Cables A/S. If buyer wishes to plead a defect/lack, buyer must, immediately after discovery of the defect/lack, give Scankab Cables A/S an announce in writing to explain what the defect/lack is. If buyer does not complain as stated, buyer cannot later claim the defect/lack. According to Scankab Cables A/S’s choice, defects/lacks in the goods sold will be rectified or redistributed on Scankab Cables A/S’s own account within reasonable time. If this does not happen, buyer is entitled to cancel the order in question. Has buyer within 14 days after delivery not claimed the defect/lack to Scankab Cables A/S, buyer cannot later claim the defect/lack.
Scankab Cables A/S can in no circumstances be made responsible for buyer’s capital losses, hereunder operating losses, loss in profits or similar indirect losses or damages, as a consequence of delayed delivery or defects/lacks in the delivered goods, products or services from Scankab Cables A/S.
At buyer’s non fulfillment, Scankab Cables A/S is entitled to stop further deliveries and demand compensation according to the ordinary judicial rules concerning contracts.
The Sale of Goods Act
Where no particular conditions are stated above, the ordinary rules of the Danish Sale of Goods Act shall apply.
Seller’s responsibility limitation
In case nothing else is evident from invariable legislation, Scankab Cables A/S solely is liable for damage on persons or goods where damage is caused by a defect in a product delivered by Scankab Cables A/S. Scankab Cables A/S is under no circumstance responsible for buyer’s indirect capital loss, hereunder – but not limited to – profit loss, time loss, etc.
Venue and applicable law
Any discrepancy between the parties is to be settled in the court in Odense with the application of Danish law.