The following rules apply to sales and deliveries from KABI A/S, unless otherwise agreed in writing between the parties.
1)
Agreement conclusion
An agreement or an order is only binding for KABI A/S when there is a written agreement or an order confirmation issued by KABI A/S.
2)
Delivery, shipping and packaging
2.1
Unless a shipping method has been agreed, this is chosen by KABI A/S.
2.2
Shipping is at the buyer’s expense and risk.
Offers and prices
3.1
Unless otherwise expressly stated, offers are not binding for KABI A/S
3.2
For both non-binding and binding offers, KABI A/S reserves the right to sell the offered products to the other party (intermediate sale) until the buyer’s acceptance is obtained.
3.3
Prices stated in offers and order confirmations are those valid on the day of the offer and 14 days ahead, in addition, KABI A/S reserves the right to invoice on the basis of the prices valid at the time of delivery.
3.4
For products of foreign origin, KABI A/S reserves the right to adjust the price on the basis of the exchange rate in force on the day of payment.
3.5
The buyer is obliged to accept changes in prices that can be attributed to changes in public taxes, regardless of whether these changes can be directly or indirectly attributed to the ordered product.
3.6
When invoicing orders of DKK 500 excl. VAT or less, a handling fee is added
DKK 100 excl. VAT.
3.7
All prices are stated excl. VAT and ex warehouse, Hørsholm.
4)
Payment and interest
4.1
Payment terms: 30 days net.
4.2
KABI A/S reserves the right to send products with prepayment.
4.3
The buyer is not entitled to withhold as security for any counterclaims, just as the buyer is not entitled to set off against claims that are not recognized by KABI A/S.
4.4
If payment is not made on time, interest is charged at 1.5% per started month. When sending reminders, a reminder fee of DKK 150 is calculated.
4.5
To the extent that Danish law allows this, delivered products remain the property of KABI A/S until payment has taken place.
5)
Delays and force majeure
5.1
KABI A/S is not responsible for delay or obstruction of delivery caused by war, blockade, strike, lockout, transport accident, fire, flood, extraordinary weather conditions, import or export restrictions, supply difficulties or other events that delay, make impossible or make delivery difficult for reasons , which is beyond KABI A/S control.
5.2
KABI A/S invocation of force majeure in accordance with section 5.1 does not entitle the buyer to cancel the placed order.
5.3
Regardless of whether a delay falls under section 5.1, no compensation claim can be asserted against KABI A/S, as the buyer must only be entitled to cancel the purchase in accordance with the general rules of Danish law in this regard, and only if there is no force majeure.
6)
Products for repair
6.1
Products submitted for repair must be delivered free of charge for KABI A/S. After repair, the products are delivered ex warehouse Hørsholm.
6.2
If an offer for repairs is desired, a fee will be calculated for this. If the repair is carried out, the fee will be deducted from the repair price.
6.3
Regardless of whether a delay falls under section 5.1, no compensation claim can be asserted against KABI A/S, as the buyer must only be entitled to cancel the purchase in accordance with the general rules of Danish law in this regard, and only if there is no force majeure.
6.4
Products that are submitted for repair must always have an attachment with a description of the fault, contact person, etc. attached
7)
Guarantee
7.1
KABI A/S provides a 12-month warranty against manufacturing defects.
7.2
It is KABI A/S that decides whether a product defect is covered by the guarantee.
7.3
Products submitted as a warranty claim must be submitted free of charge for KABI A/S and returned free of charge to the buyer.
7.4
The buyer must always document the warranty period when submitting the purchase invoice.
7.5
The product submitted must always have an attachment with a description of the error, contact person, etc. attached
8)
Right of return and cancellation
8.1
Ordered or delivered goods cannot be canceled or returned by the buyer, unless this is specifically accepted by KABI A/S. Such acceptance will, in relation to goods already delivered, be conditional on a return fee of 15% being deducted from the purchase price. However, goods that have been bought home or manufactured especially for the buyer are never returned.
8.2
Acceptance of order cancellation according to section 7.1, will always be subject to KABI A/S approval.
8.3
If KABI A/S accepts returns, the following requirements must be met:
1. the buyer must state the invoice number of the purchase,
2. a return case has been created at KABI A/S with a return number,
3. the return number must clearly appear on the buyer’s return slip which is sent with the product,
4. the item is complete and in salable condition,
5. the original packaging is unbroken,
6. the goods are packed in an outer carton, labeled with the KABI A/S item number and sorted (identical item numbers together),
7. The item is returned at the buyer’s expense to KABI A/S, Hørsholm.
9)
Missing from delivered
9.1
If errors or deficiencies are detected during delivery, KABI A/S must be notified immediately (1-3 days).
9.2
Transport damage and defects in the shipment according to the waybill must be notified to the carrier immediately upon receipt.
9.3
If defects are found in a delivered product, KABI A/S is entitled to redeliver or repair.
9.4
If the buyer detects defects in a delivered product, the buyer must immediately notify KABI A/S. Defective parts or the defective product must be delivered to KABI A/S, if KABI A/S decides this.
9.5
If KABI A/S does not offer repair or redelivery, the buyer can cancel the purchase or demand a proportionate reduction in the price, if the general rules of Danish law justify this. Additional rights of deficiency, such as the right to compensation, are not granted.
9.6
The buyer’s rights of failure according to the above expire at the time when KABI A/S’s supplier’s obligations expire, however no later than one year after invoicing.
10)
Product liability
10.1
For errors in equipment, delivery errors or the like, and where the responsibility for the error lies with KABI A/S, product liability insurance has been taken out which covers according to the applicable rules from our insurance company. There is no compensation for operating losses or other indirect losses that are beyond what the product liability insurance covers.
11)
Other conditions
11.1
To the extent that the above conditions are not comprehensive, reference is made to NL17 General delivery conditions for standard goods.
11.2
For the supply of machines and other mechanical and electrical equipment, refer to NL-M.
11.3
KABI A/S is entitled to release itself from its obligations, to the extent that they are prevented by war, epidemic, unrest, lockout or the like, over which KABI A/S has no control.
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