Terms of Sales

The below-mentioned general terms of sale and delivery apply to all sales and deliveries made by RK Danmark ApS (in the following named the Vendor) to the extent they do not deviate from any other written agreements.

1. Ownership proviso

The proprietary right of the sold goods remains with the Vendor until the purchase price with any interest and expenses is paid in full.
Equipment, accessories, components, etc. which are incorporated, as opposed to spare parts that accompanied the delivery, are included under the proprietary right.

2. Date of delivery

Delivery dates stated are specified to the best of our judgment and are subject to prior sale and with the proviso that strike, lock-out, fire or other force majeure on the premises of the Vendor or the Vendor’s suppliers do not prevent delivery on the agreed date (period) or that delivery is not prevented by delay of necessary supplies due to circumstances beyond the Vendor’s control.
If the delay is significant, the Purchaser only has the right to cancel the order if the Vendor does not deliver within 14 days of receiving a written demand, but otherwise the Purchaser cannot set up any claim for breach of contract. Likewise, the Purchaser cannot claim compensation for direct or indirect losses, including operating losses, loss of profit or other.

3. Delivery

Delivery is ex works, and thus the Purchaser carries the risk for the goods during shipment.
Unless the Purchaser organizes collection himself or provides instructions as to how shipment is to be carried out, the Vendor may choose whatever  method of delivery he desires.

4. Quotation

The quotation from the Vendor is binding for 30 days from the quotation date, unless a specific acceptance deadline is stated.
Unless otherwise stated, the quotation price always excludes packing, installation, running-in and VAT.
Unless explicitly stated, the quotation does not include any special provisions for  the fulfilment of authority or customer requirements leading to modifications of standard machines, e.g. capsuling or the like. The quotation implies that means for power supply, etc. are provided for and that the Purchaser has taken all necessary steps for reception and setting-up of the machine.

5. Drawings, descriptions, etc.

All information on data, dimensions, capacity, etc., stated in catalogues, advertisements, drawings, price lists, etc., is only directory, and is only binding on the Vendor if it is explicitly stated in the contract.
All drawings, descriptions, etc., and software provided to the Purchaser in connection with deliveries remain  the property of the Vendor and must not be copied, used by or given to a third party.

6. Payment

Unless otherwise agreed, payment is net cash within 14 days of the invoice date. All prices in the quotation and order confirmation are current prices, and are thus subject to price revision as a result of changes in duties and exchange rates or similar conditions on the date of delivery.
If payment takes place after the due date, the Vendor has the right to charge additional interest cf. the rate of interest for each commenced month as stated in the quotation by the Vendor.

7. Installation

Installation, mounting and running-in at the Purchaser’s premises should be carried out in the most cost effective way.
The Vendor reserves the right to a reasonable running-in period.

8. Defects and repair of defects

Defects include only documented manufacturing and material defects of the delivered goods.
Without delay, the Purchaser must carry out a reasonable inspection of the delivered goods. The Purchaser cannot claim against defects which could have been discovered in such an inspection unless the Purchaser can prove that the Vendor received a written claim no later than 14 days after  the Purchaser was able to carry out an inspection.
Defects which could not have been discovered in an inspection as mentioned above, cannot be claimed against by the Purchaser unless the Vendor received a written claim within 6 months of delivery.
The Purchaser has no other rights regarding defects other than a right to the rectification of defects carried out as soon as possible by repair, re-supply or new supply. In the case of re­ supply, it may be a condition that the defective goods must be returned by the Purchaser. The Vendor is in no case responsible for operating loss, loss of time, loss of profit or similar indirect losses as a result of the defects.
For repair of defects within 12 months of delivery, the Purchaser is debited for all expenses concerning travel and travel time. The Vendor defrays the costs for materials and wages in the same period - based on one shift equal to 8 hours.

9. Product liability

The Vendor is only liable for personal injury if it is proved that the injury is caused by a mistake or negligence on the part of the Vendor or others for whom he is liable.
The Vendor is also liable, on the same conditions which apply for personal injury, for damage to real estate and movables, including products manufactured by the Purchaser, and for products of which these are a part, though not for more than DKK 500.000.
The Vendor is in no case liable for operating losses, loss of profit or other indirect losses.
To the extent that product liability towards a third party may be imposed on the Vendor, the Purchaser is obliged to indemnify the Vendor to the same extent as to which the Vendor’s liability is limited according to the three previous sections.
These limitations of the Vendor’s liability do not apply if he is found guilty of gross negligence.
If a third party makes a claim against one of the parties for damages in accordance with this section, this party must immediately notify the other party in writing.
The Vendor and the Purchaser are mutually obliged to allow legal action to be taken against any of them in the court of law dealing with compensation claims, on the basis of damage which it is claimed is caused by the supplied goods.

10. Venue, etc.

All disputes and disagreements concerning agreements in which these terms of sale apply, are settled according to rules and regulations of Danish Law, unless the terms of sale stipulate different regulations.

The local Court in Randers is used as a venue.