Hang On A/S, Cypresvej 10, 7400 Herning, Cvr no. 30584821 hereinafter referred to as Hang On's terms and conditions of sale and delivery are applicable – and apply prior to other such or similar conditions from a customer – for all orders with minor deviations expressly agreed in writing. The sales and delivery conditions can be changed continuously and without notice.
The customer declares to have read and fully understood and accepted these sales and delivery conditions.
- ORDER CONFIRMATION
A final agreement on sales and delivery is only entered into when Hang On has confirmed the order in writing. The order is accepted on the condition that goods, raw materials and the like are available. In the event of unforeseen events or unsatisfactory solvency information on the customer arising or appearing after the acceptance of the order, Hang On will be entitled to cancel any order without liability or demand a fully covering bank guarantee. Cancellation of orders from the customer cannot be accepted unless otherwise agreed and accepted in writing of
Hang On in each case.
- CONDITION OF DELIVERY
ICC Incoterms 2000 ex works Aulum/Ikast (business address for Hang On), Denmark, unless otherwise specified by specific agreement appears in the order confirmation. Depending on the circumstances, Hang On can concretely assist with arranging and shipping goods, if this is agreed in writing and accepted by Hang On in each individual case and always at the customer's expense.
- DELIVERY TIME AND DELAY
The delivery time appears in the order confirmation. Hang On has the right to postpone the delivery deadline for 14 days and must notify the customer in writing as soon as such a postponement becomes relevant. In the event of force majeure, see below, however, the delivery can be postponed until the obstacle ceases and usual trade and transport are made possible.
- PRICES
All prices are in Danish kroner DKK and exclude VAT. Reservations are made for changes in customs duties and consumption taxes of any kind
as well as currency fluctuations, which can thus be imposed on the prices until delivery. Hang On must notify the customer in writing without undue delay.
- PAYMENT, INTEREST CALCULATION AND MORA
The purchase price is due for payment - unless otherwise agreed in writing: Eight (8) days after delivery. After the due date, in the event of non-payment, 2.0 % per month is calculated as interest. If the customer does not pay, the debt collection legislation in force at all times will otherwise apply. Hang On can, by written notification, postpone delivery of or cancel orders without liability if the customer is in arrears with payment for previous deliveries. Hang On reserves the right to cancel the order if payment is not made on time. Any financial loss Hang On suffers as a result must be fully compensated by the customer.
- RETENTION OF TITLE
All goods remain Hang On's property until payment has been made in full. All costs in connection with enforcement of the retention of title are borne by the customer.
- COMPLAINT AND POWERS
Complaints must be made in writing and be documented received by Hang On no later than 8 days after delivery of the goods. In the case of non-visible damage, complaints must be made in a similar manner no later than 8 days after the defect could have been established by thorough examination - however no more than 3 months from delivery. Cancellation can only be made for concretely delayed or defective goods in an order. If a part of the order is otherwise absent or delayed or if a part of the order is defective, it can only be cancelled. Every complaint must be specific, documented and accurately state the content of the complaint. Returns cannot be made without prior written acceptance by Hang On.
- DISCLAIMER (FORCE MAJEURE)
Hang On is not liable to the customer when the following non-exhaustive force majeure-like circumstances occur after the order confirmation and prevent or postpone the fulfillment of the agreement: war and mobilization, rebellion and unrest, acts of terrorism, natural disasters, strikes and lockouts, shortage of goods, shortages or delays in delivery from sub-suppliers or when these are affected by present circumstances in general, fire, lack of transport options, currency restrictions, import and export restrictions, death, illness or resignation of key persons, computer viruses or other circumstances over which Hang On is not directly in control. In this case, Hang On is entitled to postpone delivery until the obstacle to performance has ceased or alternatively, without liability, cancel the agreement in whole or in part.
If the above means that delivery is postponed for more than 6 months, the customer can cancel the order freely and without liability.
- LIMITATION OF LIABILITY
In any legally agreed respect, including regarding product liability, Hang On is not responsible for direct or indirect operating losses or losses in any other way. In the event of cancellation, a maximum of the payment made for the delayed or defective part of the order can thus only be refunded. - JURISDICTION AND CHOICE OF LAW
The agreement is subject to Danish law, except for the rules of international private law applicable at any time. The International Sales Law (CISG)
shall not apply. As venue, it has been agreed to the Hang On head office nearest and relevant district court in Denmark. However, Hang On has the right to demand that any dispute be resolved by arbitration at the Danish Arbitration Institute or the Arbitration Court under the International Chamber of Commerce (ICC), where the venue must be Denmark and the language of the proceedings must be Danish.
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