Terms of Sale and Delivery
Scope and Validity
The following terms of sale and delivery apply to all offers, sales, and deliveries, unless otherwise agreed in writing.
Prices
All prices are quoted in Danish kroner (DKK) excluding VAT and other charges. We reserve the right to adjust prices in the event of increases in material costs, labor, shipping, insurance premiums, legal changes, or other similar circumstances, unless otherwise explicitly agreed.
For successive deliveries, A.K. Iversen A/S (“A.K. Iversen”) reserves the right to adjust the price for each partial delivery in accordance with the above, unless otherwise agreed in writing. In such cases, A.K. Iversen is entitled to partial invoicing.
Payment
Payment terms are 30 days net. Any payment received after the due date is considered late. For sales to non-business customers, payment terms are also net 30 days.
Interest on overdue payments will be charged in accordance with Section 5 of the Danish Interest Act.
If the customer fails to take delivery of goods at the agreed time, they are still obliged to pay for the goods as if delivery had taken place.
Delivery and Transfer of Risk
Delivery takes place at A.K. Iversen’s address in Denmark (ex works). All shipments are at the customer’s expense and risk.
The delivery date is indicated in the order confirmation or agreed individually, based on the customer’s specifications at the time of order.
If the customer, after being notified that the goods and/or moulds/templates are ready, fails to collect them within a reasonable time, or if it is agreed that A.K. Iversen stores the goods/moulds/templates on behalf of the customer, A.K. Iversen cannot be held liable for any damage unless caused by gross negligence. The goods are stored at the customer’s risk, and A.K. Iversen has not insured against potential damage.
Drawings, Descriptions, and Samples
All specifications regarding price, weight, dimensions, performance, properties, composition, technical, or other data listed in catalogs, advertisements, images, price lists, or similar are for guidance only. Such information may be changed by A.K. Iversen at any time and is binding only if explicitly stated in the order confirmation.
All drawings and technical documents provided to the customer before or after entering into the agreement remain the property of A.K. Iversen. They may only be used in connection with the use and maintenance of the delivered products and may not be copied, reproduced, transferred, or disclosed to third parties without permission.
All samples provided by A.K. Iversen are considered type samples only. A.K. Iversen is not responsible if the delivered units differ from the samples, unless explicitly agreed in the purchase agreement.
Complaints
The customer must immediately inspect the delivered products. If any discrepancies with the order are found, the customer must notify A.K. Iversen immediately.
Liability for Delays
In case of delayed delivery, the customer is only entitled to a reasonable proportional reduction in price. The customer is not entitled to cancel the agreement.
A.K. Iversen cannot be held liable for loss of profits, indirect losses, or other economic damages suffered by the customer or third parties due to delayed delivery.
If A.K. Iversen is held liable despite the above, liability is limited to twice the total order value, with a maximum of DKK 50,000.
Liability for Defects
A.K. Iversen is entitled to remedy defects or deliver a replacement product. The customer is not entitled to cancel the agreement.
If remedy is not possible, A.K. Iversen reserves the right to grant a reasonable price reduction.
A.K. Iversen is not liable for defects caused by incorrect handling, transport, storage, assembly, or normal wear and tear.
Product Liability
A.K. Iversen is not liable for damage to the customer’s or third-party property caused by defects in the delivered product if the property is intended for commercial use.
If liability applies despite the above, it is limited to twice the total order value, with a maximum of DKK 50,000.
Retention of Title
Ownership of delivered goods remains with A.K. Iversen until full payment has been made. Until then, the products remain the property of A.K. Iversen.
Force Majeure
A.K. Iversen is not liable for failure to fulfill obligations caused by events beyond its control, including but not limited to war, riots, general strikes, fire, natural disasters, currency restrictions, import/export bans, transportation interruptions, energy supply failures, extended illness of key personnel, network failures, viruses, communication breakdowns, power outages, or third-party telecommunication failures.
Obstacles affecting A.K. Iversen’s subcontractors are considered force majeure if the subcontractor could not reasonably have avoided or overcome the obstacle.
Marketing
A.K. Iversen is entitled to disclose, as part of its normal marketing activities, that it has supplied products to the customer (e.g., using logos, references).
Disputes
Any disagreement or dispute regarding the interpretation or scope of these terms, or any specific delivery, shall be resolved by the courts in Randers under Danish law.