Terms and conditionsTerms and conditions
Terms and conditions
Swift STHYDK 21
General sales and delivery conditions for product deliveries
Version November 2018
Terms and conditions for materials and production equipment for trees, shrubs and landscape management, etc.
1. CONTRACT BASIS
1.1 We only sell to VAT registered businesses and public institutions.
1.2 Unless otherwise agreed between the Parties, the conditions for trade stipulated below shall apply to sales.
1.3 The agreement concerning the delivery of products only incudes those products and services specified on the order confirmation.
1.4 Catalogues, brochures, presentations on electronic mediums that are not supplied with the goods are indicative only and are not part of the contractual basis.
2. ADVISORY SERVICES
2.2 Toppii only advises the Buyer within Toppii’s own area of expertise and according to the best knowledge at the time the advice was given. Experience acquired later may lead to other options for solutions. Advice is only given based on the information the Buyer has submitted to Toppii.
2.3 Toppii assumes no liability for any unpaid oral or written guidance, taking of measurements, calculations, etc., which are offered in connection with inquiries or purchase of a product.
3. PRODUCTS FOR TREES AND BUSHES
3.1 Trees and shrubs can be different and it is the Buyer’s own responsibility to evaluate the usefulness of the goods for the intended use, including whether installation and disassembly can take place in an appropriate manner.
3.2 In general, the Buyer must expect that the greater the physical tension goods are exposed to, the shorter the anticipated durability. High temperatures, frost, wind and sunlight may also affect quality and durability.
3.3 The Buyer is expected to follow any instructions supplied with the product, and is expected to obtain necessary information/experience about appropriate use on their own.
3.4 Remember that after you have stopped using the product, you should dispose of it responsibly.
4. DELIVERY TIME, PLACE AND RISK
4.1 Delivery times are provided under reservation for strike, lockout, fire, import bans, delay of necessary deliveries or similar difficulties. Should such conditions occur, then delivery will be suspended and Toppii must promptly inform the Buyer of this.
4.2 Delivery takes place ex Thisted, so after this risk of the product’s accidental destruction or deterioration will pass to the Buyer.
5. TENDER/ORDER CONFIRMATION
5.1 Toppii gives each tender with a reservation for prior sale, as Toppii is entitled to manage the goods in another manner until Toppii has become aware of the Buyer’s acceptance of the tender.
5.2 Toppii’s tender is valid for 8 days, unless otherwise agreed in writing between the Parties, or otherwise stated in the tender. Final agreement concerning delivery will first be made after the Buyer has received Toppii’s written order confirmation.
6. PRICES AND PAYMENT
6.1 Prices are valid for delivery ex Thisted Municipality. Payment shall be made in net cash, no later than at the time of delivery. If payment has not been made within 20 days of delivery, or when the order is placed at the Buyer’s disposal, interest will be charged at a rate of 1.5% per commenced month.
6.2 Prices are agreed, under reservation for no changes having being made to public taxes, customs duties or similar conditions outside of Toppii’s control, and since the order was placed, prior to delivery. Furthermore, Toppii reserves the right to adjust prices, if significant changes have occurred to exchange rates, commodity prices and transport costs prior to delivery, that were not known at the time the agreement was entered into.
6.3 Prices appear in Toppii’s currently applicable price list or in the sent order confirmation. Delivery takes place from Toppii’s warehouse, unless otherwise agreed in writing. All prices are stated excluding freight, packaging, VAT, taxes and any service charges.
6.4 Toppii is continuously entitled to, without notice, make price changes to price lists and tenders, unless otherwise agreed in writing.
6.5 If the Buyer has an account with Toppii, the purchase amount will be due for payment in accordance with the current payment terms for the Buyer’s account, unless otherwise expressly agreed in writing. The purchase amount is due for payment from the specified delivery time regardless of whether the Buyer’s circumstances mean that delivery cannot take place as agreed.
6.6 If the Buyer does not have an account with Toppii, the purchase amount will fall due for payment at the stated time of delivery and regardless of whether the Buyer’s circumstances mean that delivery cannot take place as agreed.
6.7 If the Buyer’s payment(s) is not made in a timely manner, and/or if the conditions for the agreed credit have significantly changed, Toppii is entitled to withhold all further deliveries to the Buyer, regardless of whether the deliveries are interrelated.
7. RIGHT OF OWNERSHIP AND RIGHT OF RETENTION
7.1 Toppii retains right of ownership and right of retention of the goods until full payment has been made for the goods and any associated transport costs.
8.1 The Buyer shall, immediately upon receipt of the goods, conduct an inspection of the product, or a representative product sample, for each shipment received.
8.2 If the Buyer does not inform the Seller immediately after delivery that he wishes to report a defect, then he may not do so at a later date.
9. REMEDIAL ACTION
9.1 If the Buyer reports a defect, then Toppii shall, within 14 days of receiving notification of the defect and proper documentation for the defect, be entitled to remedy the defect at its own expense or to replace conduct redelivery at the Buyer’s address.
9.2 If timely repair or replacement occurs, the Buyer will lose the right to claim breach of contract.
10.1 If the Buyer has not, within one year after delivery to him, notified Toppii that he wishes to report a defect, then he may not do so at a later date.
10.2 In case of delay in the delivery of the goods or in the event of defects in the product:
- Toppii may not be held liable for loss of profits and consequential losses arising from the Buyer’s contractual obligations towards third parties or other indirect losses.
- Claims for compensation may not be made against Toppii beyond an amount corresponding to the actual invoice value.
11. BREACH BY THE BUYER
11.1 If the Buyer fails to make overdue payments, including penalty interest on arrears, or otherwise infringes on the provisions of this contract in any other manner, Toppii is entitled to terminate the agreement, either wholly or in part, and the purchase amount will immediately become due for payment.
11.2 Toppii reserves the right to compensation for any losses associated with this. If the Buyer does not fulfil his terms of payment, Toppii reserves the right to repossess the product and/or suspend its deliveries.
12. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
12.1 Any disputes arising out of trade between the Parties, including disputes over non-payment relating to this transaction or any part thereof shall be settled according to Danish law in Denmark where Toppii is domiciled.