Do you trade with TCB Original Business Agreement (B2B) apply to the following terms and conditions of sale.
1. Legal basis
1.1 These terms and conditions apply to traders 'orders and purchases at TCB Original ApS, CVR 38793136. These terms and conditions, together with the parties' purchase agreement and TCB Original ApS offer, order confirmation and invoice, constitute the full basis of the agreement. In the event of discrepancies in the contractual basis, TCB Original ApS has order confirmation, the parties' purchase agreement, and these terms prevail in that order.
1.2 TCB Original ApS only accepts any terms of purchase from the customer if TCB Original ApS has in writing accepted this. In the event of inconsistencies between TCB Original ApS and the customer's terms, TCB Original ApS has the terms of priority.
2. Completion of the purchase agreement
2.1 An order first binds TCB Original ApS when the customer has received a written or electronic order confirmation. If the order confirmation is different from the customer's order and if the customer does not accept the deviation, the customer must notify TCB Original ApS in writing and within 5 days, but no later than 3 days before the delivery date.
2.2 TCB Original ApS offers tenders for TCB Original ApS only upon receipt of the agreed acceptance by the customer within 8 days of the offer.
2.3 TCB Original ApS Information on price, delivery, characteristics, capacity and technical data is purely indicative and does not constitute an assurance. TCB Original ApS is not responsible for ensuring that the delivered meets the buyer's needs or uses.
3.1 Unless otherwise agreed, delivery will be made in a timely manner after the agreement has been reached by TCB Original ApS or the TCB Original ApS supplier. TCB Original ApS can make progressive delivery and billing. Delivery has occurred when TCB Original ApS has shipped the item or notified the customer that the item is at the customer's disposal. Customer requests for changes or additional purchases may extend the total delivery time.
3.2 TCB Original ApS may replace parts of a shipment with other parts of the same quality and type in the case of deliveries where the replacement is usually not significant for a customer. In addition, TCB Original ApS may make minor changes in a delivery where this is practical or technical.
4.1 Prices are quoted excl. delivery costs, fees, VAT and other charges. Until delivery has taken place, TCB Original ApS may increase prices due to changes in exchange rates, purchase prices, customs, taxes, freight, insurance and other non-TCB Original ApS checks.
5. Payment and return
5.1 Unless otherwise agreed, payment will be made on order delivery. Credits require prior written approval from TCB Original ApS, and even where credit is accepted, TCB Original ApS may, without justification, change this for prepayment.
5.2 After maturity, TCB Original ApS will claim 2% month. The customer can not set off in TCB Original ApS payment requirements, and claim for delay, missing etc. does not exempt the customer from payment on maturity. Payment by credit card is subject to a card and administration fee.
6. Retention of title
6.1 TCB Original ApS retains the ownership of the delivered until full payment has been made. As long as full payment has not been made, the customer may not dispose of, rent or pledge the delivered, nor must it be moved outside of Denmark.
7. Complaints, returns and shortcomings
7.1 TCB Original ApS gives no warranty as to the item sold by the customer immediately upon receipt. Complaints about defects must be made immediately and no later than 8 days after the defect is or should be noted and no later than 12 months after delivery. Complaints must be made in writing and with justification and documentation. In case of late or inadequate complaint, the customer's claim against TCB Original ApS expires.
7.2 If the product is used exclusively for ordinary private consumption, the provisions of the Buying Act apply - ie. including 24 months' right of complaint.
7.3 Incorrect application, breach of instructions and instructions from TCB Original ApS or TCB Original ApS's suppliers do not constitute a defect and defect requirements will be void in case of changes or maladministration.
7.4 In the event of a defect, TCB Original ApS may deliver or rectify, and take place within a reasonable time, the customer's right to cancel or raise payment claims against TCB Original ApS expires. If a complaint is unjustified, TCB Original ApS may invoice the customer for costs of investigation, replacement and / or remediation.
7.5 Items may be returned within 14 days of delivery if the customer is not satisfied with the delivery and provided that: a) the goods are undamaged, unused and unbroken original packaging; and b) the return is done at the customer's expense and risk.
8. Product liability
8.1 TCB Original ApS is not responsible for personal injury, property and property damage caused by the item sold or otherwise
9. Limitation of Liability
9.1 TCB Original ApS is not responsible for indirect loss, eg loss of profits, goodwill, loss of production, loss of data, supplier failure or failure. Claims against TCB Original ApS, eg due to defects, defects, delays, and product liability, require in any event that TCB Original ApS has acted intentionally or grossly negligently.
9.2 Purchase or Compensation Claims against TCB Original ApS may not exceed 50% of the amount paid by the customer for the item to which the claim relates. For product liability, TCB Original ApS's requirements are maximized to DKK 250,000 or the amount TCB Original ApS may require covered by any product liability insurance.
10.1 Disputes between the customer and TCB Original ApS are settled under Danish law by TCB Original ApS home delivery, however, TCB Original ApS may choose to bring an action at the customer's place of residence.