Hang On A/S, Cypresvej 10, 7400 Herning, Cvr-nr. 30584821 hereinafter referred to as Hang On's terms of sale and delivery apply – and take precedence over other such or similar terms from a customer – to all orders unless a deviation is expressly agreed in writing. The terms of sale and delivery may 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, interest of 2.0 % per month will be calculated in the event of non-payment. If the customer does not pay, the collection legislation in force at any time will apply in other respects. Hang On may, by written notice, 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 documented as received by Hang On no later than 8 days after the goods were delivered. 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 detected by thorough examination - however, no more than 3 months from delivery. Cancellation can only be made for the specifically delayed or defective goods in an order. If part of the order is not delivered or delayed or if part of the order is defective, cancellation can only be made for this. Any complaint must be specific, documented and precisely state the content of the complaint. Returns cannot be made without prior written acceptance by Hang On.
Return conditions
- Returns can only be made after prior written agreement with Hang On A/S.
- Returned items must be unused and in original packaging.
- The customer generally bears the costs of return shipping.
- Returns must be agreed upon before the goods are sent back.
- Returns and complaints must be notified to Hang On A/S at info@hangon.dk.
- Any refunds are normally processed within 7 days of receipt and approval of the returned item.
- 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.
