SALES AND DELIVERY TERMS
The following general sales and delivery terms apply to all offers, orders, and deliveries, unless explicitly deviated from by written agreement, and are considered accepted upon acceptance of the offer. K7 Machinery is hereinafter referred to as the Supplier.

Prices

All stated prices are exclusive of VAT and any other taxes, assembly, and packaging, and are subject to increases in material costs, wages, and possible statutory changes, unless otherwise expressly stated. Fixed prices apply only within the deadlines specified for acceptance and delivery.

Offers

Only written offers are binding and subject to prior sale. Offers are valid for two weeks from the date of the offer, and the Supplier has the right to amend the offer if the order is placed thereafter. If the buyer requires special specifications not included in the Supplier’s standard specifications, these must be expressly stated in writing. Production equipment, drawings, and similar items forming the basis of both the offer and the final product shall always remain the property of the Supplier and may not, without the Supplier’s consent, be copied or made available to third parties.

Ownership

Ownership of the delivered product, and copies thereof, remains with the Supplier unless otherwise agreed. The Supplier’s reservation of title ceases upon full payment by the buyer. The buyer is obliged to insure the order at replacement value from the date of delivery until full payment has been made.
The buyer has no rights other than those granted under the purchase agreement, and only if such rights are agreed in writing. All drawings and other technical documents relating to the delivered product or its manufacture, which are provided by the Supplier to the buyer before or after the order is placed, belong to the Supplier. Such drawings and technical documents may not, without the Supplier’s written consent, be used for purposes other than intended. Without such consent, the material may not be copied, reproduced, transferred, or otherwise disclosed to third parties.

Orders

A purchase is final when the Supplier has confirmed the order in writing. Thereafter, the order cannot be cancelled, changed, or postponed by the buyer without the Supplier’s written consent, and only against payment of incurred costs or cash payment for goods stored at the buyer’s expense and risk. The order is delivered at the confirmed price subject to increases due to changes in trade terms, public duties, exchange rates, raw material supplies, etc., beyond the Supplier’s control.
Images, sketches, and other content in the Supplier’s catalogues and brochures are approximate and non-binding. The Supplier reserves the right, when fulfilling an order, to make any changes deemed technically necessary. Production is carried out in accordance with Danish standards and regulations unless otherwise agreed and expressly stated in the order confirmation.

Delivery

Delivery is EXW (Ex Works) according to Incoterms 2000. All shipments are at the buyer’s expense and risk, though the Supplier has the right to choose the method of delivery. Delivery dates stated in the order confirmation are based on the buyer’s approval of product specifications at the time of order. Delivery time runs from the moment all conditions are met. Delays do not entitle the buyer to cancel the order unless a written request has been submitted to the Supplier, who is then given a reasonable time to remedy the situation. Delays do not entitle the buyer to compensation.
If delays are due to the buyer, the delivery time will be extended as deemed reasonable, and the buyer remains obliged to make any payments due as if delivery had taken place. The Supplier may cancel the agreement and claim compensation for any losses incurred as a result of the buyer’s negligence. Goods are packaged at the Supplier’s discretion, with costs borne by the buyer unless expressly included in the price. Shipment is always at the buyer’s risk, including prepaid deliveries, and the buyer is responsible for adequate transport insurance unless otherwise agreed.

Force Majeure

The Supplier is not liable for failure to fulfil obligations due to force majeure, war, government intervention, fire, strike, lockout, export and/or import restrictions, deficient or delayed deliveries from subcontractors, shortage of labour, accidents during production or testing, lack of transport, or other circumstances beyond the Supplier’s control that may delay or prevent production and delivery. If timely or defect-free delivery is temporarily hindered by such circumstances, the delivery period is extended by the duration of the hindrance, and such postponed delivery is considered timely. If the hindrance is expected to last longer than three months beyond the original delivery date, the Supplier is entitled to cancel the offer or adjust the price.

Defects

The Supplier guarantees, under the following conditions, that delivered goods are of standard good quality in terms of materials, tolerances, and workmanship. If, within one year from delivery, defects are demonstrated in the goods delivered, the Supplier shall provide remedial measures covering defects due to design, manufacture, or materials. This does not cover cases where defects are due to improper maintenance, failure to comply with given instructions, repairs carried out by non-authorised workshops, incorrect or unsuitable use, alterations or technical modifications made without the Supplier’s prior written consent, extraordinary influences, or the use of non-original spare parts or accessories. The same applies to damage caused by products provided by the buyer or by designs required by the buyer. Wear parts and consumables are not covered.
Any complaints about defects must be made in writing without undue delay after the defect has been or should have been discovered. Defective parts replaced must be returned to the Supplier. Unless otherwise agreed, dismantling, transport, and installation of defective, repaired, or replaced materials are at the buyer’s expense and risk, and consequential damages in connection with replacement are not covered. The right to remedial measures lapses upon transfer of ownership. Parts not manufactured by the Supplier are replaced only to the extent the Supplier obtains compensation from the subcontractor.

Payment

Payment terms are stated in the order confirmation. If not specified: net cash no later than 8 days after the invoice date. The buyer is not entitled to withhold payment due to counterclaims not acknowledged by the Supplier. Late payments incur interest at 1.5% per commenced month, added to the outstanding amount at the beginning of each month. Payments must be made to the Supplier’s designated bank account. If the buyer’s creditworthiness, in the Supplier’s opinion, significantly deteriorates after the agreement, or if credit insurance cannot be obtained at the time of delivery, the Supplier may demand cash payment or security.

Product Liability

If a product supplied or installed by the Supplier causes personal injury due to a defect, the Supplier is liable only to the extent liability may be imposed under general legal principles. The Supplier is not liable for damage to the buyer’s or third parties’ property caused by defects in the delivered product if the property is not intended for commercial use. The Supplier’s liability does not cover loss of operations, time, profit, or other indirect losses incurred by the buyer or third parties. The Supplier disclaims liability for products incorporating materials provided by the buyer, or for products manufactured by the buyer that include materials from the Supplier, unless the damage is attributable to the Supplier’s product. If the Supplier incurs product liability towards third parties due to products supplied by the buyer, the buyer is obliged to indemnify the Supplier to the same extent that the Supplier has limited its liability above.

Disputes

All disputes between the parties arising in connection with this agreement shall be settled by the court in Nykøbing Falster in accordance with Danish law, unless otherwise agreed to refer the matter to arbitration.