Terms and Conditions of Sale and Delivery Basis of Agreement: All deliveries from Arctic Import A/S (“Arctic Import”) are made based on the following terms and conditions of sale and delivery. Should the purchaser specify any special purchasing conditions upon placing the order, such conditions are to be considered overridden by these terms of sale. Offers: Offers are valid for Arctic Import for 30 days and only cover the deliv - eries mentioned in the offer unless otherwise stated in the offer. An agreement on delivery is only to be considered concluded upon the purchaser’s receipt of Arctic Import’s order confirmation, and only the contents of this confirmation are binding for Arctic Import. Arctic Import is not responsible for any errors or information in catalogs, brochures, etc., produced by Arctic Import’s suppliers. Payment: Payment is due 14 days from the invoice date unless otherwise stated in Arctic Import’s order confirmation. Exceeding the payment dead - line obligates the purchaser to pay interest at 2% per commen- ced month. Any reminder letters are subject to a reminder fee. Arctic Import may at its discretion demand cash payment or security from the purchaser at any time. The purchaser is not entitled to withhold payment or offset against Arctic Import’s claims for the purchase sum to cover counterclaims unless such claims are acknowledged in writing by Arctic Import or established by final judgment. Prices: Prices in price lists are non-binding and may change at any time with - out notice. Prices, also according to Arctic Import’s order confirma - tion, are ex warehouse excluding packaging, insurance, and any duty/ tax, unless otherwise agreed. Given freight rates are non-binding. If price increases, rises in exchange rates, or freight tariffs, duties, taxes, and charges, or similar occur before dispatch from Arctic Import’s supplier, the price will be adjusted accordingly. Packaging and Transport Insurance: Unless otherwise agreed, Arctic Import arranges for packaging and standard transport insurance at the purchaser’s expense. By this, Arctic Import does not assume liability for transport damage or acci - dental loss of the goods. The established insurance does not cover the purchaser’s potential time and operational losses. Delivery: Delivery occurs ex warehouse from Arctic Import’s warehouse unless another delivery clause is indicated by Arctic Import. The delivery time stated on Arctic Import’s order confirmation is an estimate and is merely advisory unless otherwise agreed. Arctic Import is not respon - sible for any delay during sea transport, regardless of the agreed de - livery clause. Arctic Import is never liable for the purchaser’s direct or indirect damages or losses due to delay, including, but not limited to, time, operational, and profit losses, unless Arctic Import has shown gross negligence. The risk of accidental loss of the goods remains with Arctic Import until delivery has taken place. Force Majeure: In the event that delivery is prevented or delayed by events beyond Arctic Import’s control, including but not limited to unpredictable failures, delayed or missing deliveries from Arctic Import’s suppliers, difficulties in obtaining labor, resources, or raw materials, strikes, lock- outs, lack of transport facilities, restrictions from public authorities, and similar force majeure events, Arctic Import’s duty to deliver is suspended without liability corresponding directly to the duration and impact of the hindrance. If fulfillment is prevented for more than 3 months due to force majeure as mentioned above, Arctic Import can cancel the unfulfilled part of the delivery without liability. Returned goods Goods, including goods sent COD (Cash On Delivery), are only accept - ed for return after prior approval and agreement and at the purchas - er’s expense and risk. Returns of food products are strictly prohibited at all times. When goods are accepted for return, Arctic Import charges a fee of 20% of the invoice price, and all freight and insurance costs are paid by the purchaser. Specially procured and made-to-order goods (e.g., based on measurements) are not accepted for return. Deficiencies - Purchaser’s Duty to Inspect - Complaints: The purchaser is obligated to immediately, and no later than 8 days after receipt of the goods, conduct a proper inspection of the purchased goods to determine whether the goods are in contrac - tual condition. If the purchaser does not immediately initiate such an inspection, or if the inspection is not conducted in a sufficient or proper manner, the goods are considered approved by the purchas - er as contractual. If the purchaser wishes to raise deficiency claims against Arctic Import, such a complaint must be made immediately after the purchaser’s inspection. If the purchaser later becomes aware of deficiencies that could not have been detected during the inspection at delivery, the purchaser must complain immediately after the deficiency should have been discovered. A complaint is only considered made upon the purchaser’s written notification to Arctic Import. If the purchaser does not complain as prescribed above, the purchaser loses the right to make claims against Arctic Import concerning the respective deficiency. Complaints about the invoice or indications on the invoice must be submitted in writing within 14 days of the invoice’s receipt. Remedy of Deficiencies - Disclaimer: If the purchaser, in accordance with the above provisions has initiat - ed investigations and timely complained, Arctic Import may upon acknowledging a defect, choose to either fully or partially replace or repair the defective goods. If the defective condition is remedied, the purchaser has no further claims against Arctic Import in this regard. The purchaser’s claims against Arctic Import in the event of defects can in no case exceed the invoiced purchase price for the defective goods. Furthermore, Arctic Import is never liable for the purchaser’s indirect damage or loss, including time, operational, and profit losses. Advisory Responsibility: Any technical or other advice given to the purchaser by Arctic Import should be regarded as non-binding, general guidance only, with no liability assumed by Arctic Import. Product Liability: Arctic Import is only liable for personal injury if it is proven that the injury is due to errors or omissions committed by Arctic Import or others for whom Arctic Import is responsible. Arctic Import is not liable to the purchaser for damage to commercial property and com- mercial chattels caused by a product delivered by Arctic Import to the purchaser. Arctic Import will not be held liable for any indirect losses suffered by the purchaser, including operational and earnings losses, penalties, or other consequences of product damage origina- ting from delivered goods. If Arctic Import is held liable towards a third party for damage caused by a defect in a product delivered by Arctic Import, the purchaser must indemnify Arctic Import for the compensation amount that Arctic Import has incurred to the third party, to the extent Arctic Import’s liability towards the purchaser is limited by the provisions above. The purchaser is obliged to let them - selves be sued at the same court that handles claims raised against Arctic Import. Retention of Title: Arctic Import reserves ownership rights with the resulting entitle - ments over the goods until full payment has been made. Disputes: Any dispute that may arise between the parties shall be settled ac - cording to Danish law (excluding CISG and choice of law rules) by the ordinary courts at Arctic Import’s domicile. Amendment of Terms: We reserve the right to modify our sales and delivery terms at any time without prior notice. Availability: Our sales and delivery terms are always available on our website. We recommend visiting the website regularly to stay updated with the latest terms.
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