Terms and Conditions

Terms and Conditions

Terms and Conditions of Sale and Delivery

 
General:These Terms and Conditions of Sale and Delivery apply to all offers, confirmations of order and purveyances, unless another written agreement covering this exists between the Parties.

Offer; confirmation of order:TN’s offers are valid for three (3) months, unless otherwise agreed in writing.
The final agreement for delivery will not be available until the Buyer receives TN’s written confirmation of order and only this confirmation of order is binding.

Prices:All prices are specified on TN’s price list in effect from time to time or on the confirmation of order issued.
All prices are specified exclusive of carriage, packaging, VAT, taxes and any handling charges.
TN is continuously entitled to implement price changes without notice on price lists and offers, unless otherwise agreed in writing.

Payment:The purchase sum falls due for payment not later than the date specified on the invoice as the final date of timely payment.The terms of payment are net cash, unless otherwise explicitly specified.If a final date of payment is not specified, payment falls due upon delivery.
If the Buyer fails to pay on time, TN is entitled to withhold all further deliveries to the Buyer, regardless of whether the deliveries are mutually interrelated.
For payment received after the due date, interest of 2% will be charged per month or any part thereof on the outstanding amount due, inclusive of VAT pursuant to the Danish Interest Act, unless a different interest rate applies according to usual practice or has been agreed.
Interest on overdue payment falls due for payment immediately and is to be paid prior to all other debt by means of regular payments.
In the event payment is overdue, TN is entitled without notice to refer the matter to a lawyer for collection. The Buyer is under an obligation to pay the expenses of collection set by the lawyer, which may exceed the sums specified in the Danish Executive Order on Extrajudicial Collection Charges, relating to overdue payment (Bekendtgørelse om udenretlig inddrivelsesomkostninger i anledning af forsinket betaling).
 

Online payment: You can pay for your order with Visa, Mastercard and VISA. All communication between you and TN værktøjsslibning is encrypted. There is no other who can see your card details. All information is sent directly to PBS, and TN værktøjsslibning does not store card information. The amount debited until the day the product is shipped from TN værktøjsslibning. - On special we may require advance payment, but will the customer be made aware of already when ordering.


Termination and modification of orders: After submitting an order, the Buyer does not have the right to modify or terminate the order.

In the event that TN separately approves termination or modification, the Buyer is under an obligation to pay the costs relating to the termination or modification.

Return of tools: The return of tools is not accepted.
If it is nevertheless agreed that TN is to accept the return of a tool, this tool must be unused.
Approved returns are credited after deducting the charge set by TN to cover the costs of return.

Drawings: All drawings, estimates, descriptions and other material sent in conjunction with the submission of offers or deliveries remain the property of TN and may not be duplicated without the written consent of TN, nor may they be presented to a Third Party or be used as the basis for carrying out work. Drawings made by TN for use in the submission of an offer shall be returned on demand.

Delivery:
The date of delivery specified in the confirmation of order is solely a guideline for TN, unless otherwise agreed in writing.
Delivery is ex TN’s warehouse unless otherwise agreed, whereby the Buyer bears the risk of accidents affecting the goods after delivery from the warehouse.

Complaints: Once the Buyer has received the tool, the Buyer is under an obligation to inspect the tool immediately and without undue delay. Complaints of deficiencies shall be filed within eight (8) days after the tool has been dispatched from TN’s warehouse. Deficiencies which could have been discovered during such an inspection may not be cited subsequently. Unless otherwise agreed, TN grants a twenty-four (24) month guarantee calculated from the delivery date. TN’s guarantee obligations are limited to deficiencies due to faults in materials or production and which arise under working conditions and correct use stipulated in the agreement. The guarantee obligation does not cover deficiencies such as inadequate maintenance or incorrect assembly by the Buyer which is at variance with TN’s instructions nor does it cover modifications carried out without the written approval of TN. TN’s obligations do not cover damage resulting from unusual use or overload, nor do they cover normal wear and tear or deterioration. TN may demand that the Buyer return the tool enclosing a description of the deficiency. TN is free to choose whether to replace the tool, regrind the tool or modify the tool.

Product liability: For damage and/or injury caused by defects in the product delivered inflicted on persons or objects, TN may only be held liable if it can be proven that the damage/injury is due to an error or neglect committed by TN. Under no circumstances may TN be held liable for simple negligence and the Buyer has the burden of proof if the Buyer wishes to cite that TN has committed gross negligence. Under no circumstances may TN be held liable for operating loss, loss of profit, lost earnings or other indirect loss.
For commercial property damage, TN’s liability for product damage is limited to a maximum of DKK 10 multiplied by the price of the tool which caused the damage.
In instances where TN is liable for product damage, but where the loss is also attributable to an error committed by the Buyer, liability will be apportioned according to the degree of guilt manifested.
To the extent that TN may be held liable for product damage vis-à-vis a third party, the Buyer is under an obligation to indemnify TN for any liability which could be imposed on TN and which is more extensive than TN’s liability. The Buyer is under an obligation to allow legal proceedings be initiated against the Buyer before the same court which is hearing a claim for damages against TN arising from the tools delivered. TN may demand to be informed of the Buyer’s product liability insurance. The Buyer is under an obligation to notify TN immediately in the event a claim of product liability is filed against the Buyer concerning TN’s products.

Force Majeure: In the event that delivery, punctual delivery or delivery conforming to contract is prevented or delayed by events which are beyond TN’s control and which include but are not limited to labour conflict, interruption of operation, transportation difficulties or other failure by a third party or similar, TN may delay delivery without liability or terminate the order in whole or in part at TN’s own discretion by notifying the Buyer as soon as possible.

Choice of applicable law; venue: Any dispute between the Parties shall be settled in accordance with Danish law and before the court in TN’s legal venue, unless TN chooses that the dispute shall be resolved by means of arbitration. If TN chooses arbitration, The Danish Institute of Arbitration and the rules currently in effect shall apply.
 
These terms and conditions of sale and delivery apply from 1 October 2012.