GENERAL CONDITIONS OF SALES AND DELIVERY

MV PLAST ApS 

 

Unless otherwise agreed in writing, these General Conditions of Sales and Delivery (hereinafter, the Conditions) shall apply to deliveries made by MV Plast ApS (the Vendor) to the Buyer.

The Buyer's general purchasing conditions shall only be taken into consideration if specifically agreed, regardless of whether they are a part of the Buyer's sales documents.

1. Prices

1.1 Unless otherwise specifically agreed, all prices are stated in Danish Crowns ex- VAT, freight, customs duties, taxes and other duties. Should the prices for deliverables quoted or agreed be changed as a result of changes in cost price, the price of raw materials, exchange rates, freight, custioms duties, taxes, duties and the like, the Vendor is entitled to change the prices quoted and/or agreed with the Buyer accordingly.

1.2 If the delivery is covered by a price list stated by the Vendor, the price for the delivery will be determined based on the price list in effect on the day of delivery.

2. Payment

2.1 Payment shall be made no later than 30 days after invoice date, although subject to the terms below on form tools.

2.2 In the event of late payment, late payment interest of 2% per month or part thereof shall be applied, counted from the due date. Payment by deduction from monies payable cannot be made if the counter claim is disputed. Failure to comply with the Vendor's payment terms will be perceived as breach of contract, entitling the Vendor to stop further deliveries and to demand any receivables (due or not due) to be paid immediately. A fee of DKK 150 incl. VAT will be charged for every reminder sent.

2.3 NB: Orders for and deliveries of form tools produced by a third party are subject to payment of 50% of the price upon ordering, and the balance paid upon request once the samples have been approved.

3. Delivery and shipping

3.1 All sales ahall be ex-works from the Vendor's warehouse. Should the Buyer require delivery to a specific address (including the Buyer's own), the Buyer shall bear the cost and risk.

3.2 Delivery times will be set by the Vendor according to best estimate and in accordance with the conditions prevalent at the time the quotation was made and/or contract signed. Unless otherwise agreed in writing, postponement of delivery date by 5 working days shall be considered as delivery on time in all respects, such that the Buyer cannot exercise any sanctions against the Buyer in consequence. The Vendor shall notify the Buyer without unreasonable delay of any changes to the delivery date.

4. Right of ownership

4.1 The Vendor reserves the right (subject to the limitations of mandatory law) of ownership of the goods sold until the purchase price is paid in full along with any delivery, shipping and insurance costs borne by the Vendor on behalf of the Buyer, and until this is effected, the Buyer is not entitled to sell the goods or in any other way dispose of them in a manner which infringes the Vendor's right of ownership.

4.2 When the Buyer has paid - or provided a specifically agreed form of surety for all amounts owed - and the right of ownership passes to the Buyer, the Vendor shall confirm the same at the Buyer's request.

5. Limitation of liability

5.1 The Buyer is entitled to compensation for direct damages/losses according to the rules of Danish law for claims concerning the Vendor's fulfilment or lack of fulfilment of obligations  - regardless of the nature or cause of the claim - although limitted to the amount invoiced for the goods delivered which caused the damage/loss or which caused or are directly linked to the claim for compensation.

5.2 Under no circumstances can the Vendor be held liable for compensation to the Buyer for loss of profit, loss of savings or other indirect loss or consequential damages due to use of the goods sold, or loss of the opportunity to use them, regardless of whether the Vendor has been informed of the possibility of such a claim.

5.3 Such limitations shall apply regardless of the nature and cause of the claim, including any form of product liability.

6. Product liability

6.1 The Vendor shall be liable for product liability in accordance with Danish law. To the extent nothing is stated in compulsory rules, the Vendor cannot be held liable for operational loss, loss of profit or other indirect losses, and the limitation of liability in item 5 shall also apply to any product liability borne by the Vendor. The Buyer shall inform the Vendor immediately if a third party makes a claim for product liability against the Buyer.

6.2 If legal proceedings are brought against the Vendor by a third party for product liability, the Buyer shall accept being party to the action at the court which hears the case.

7. Force majeure

7.1 the Vendor is not liable for payment of compensation to the Buyer for losses arising from circumstances which prevent, hamper or increase the cost of fulfilment of the contract, if they occur after submission of a quotation and are beyond the Vendor's control, such as: Labour conflicts (strikes and lockouts), fire, war, rebellion, civil unrest, bad weather and natural disasters, currency restrictions, public confiscation, import or export bans, disruption of public services including energy supplies, significant increases in prices or duties, currency fluctuations, production and delivery problems not due to the Vendor, including mechanical breakdown, and instances of refused/delayed delivery by subcontractors regardless of cause.

7.2 The Vendor shall inform the Buyer as soon as the Vendor becomes aware of such circumstances.

8. Immaterial rights

8.1 All immaterial rights to the form tools/products/goods developed by the Vendor belong to the Vendor, as do all immaterial rights for further development of the Buyer's form tools/products/goods undertaken by the Vendor. However, this shall not apply where the Buyer has separately paid a fee determined by the Vendor for development/further development.

8.2 Similarly, drawings, specifications and the like supplied by the Vendor before, during or after the contract becomes effective remain the Vendor's property and cannot be passed on without the written consent of the Vendor.

8.3 regardless of the occurrence of immaterial rights, the Buyer cannot initiate production of products/goods himself or by a third party corresponding to those developed by the Vendor or with the help of the Vendor, without the Vendor's written consent, unless the Buyer has separately paid a fee determined by the Vendor for such activities.

 9. Warranty claims

9.1 Upon delivery and no later than within 5 working days of receipt of the goods, the Buyer shall perform an inspection of the goods as required for proper commercial use. If the Buyer notifies a shortage, written notification shall be supplied to the Vendor immediately upon discovery of the shortage or as soon as possible after when it should have been discovered. If the Buyer has discovered or should have discovered a deficiency and does not make a claim as stated here, a subsequent claim will be rejedted.

9.2 Defects and deficiencies in the goods sold will be remedied, the goods replaced or the purchase price credited to the Buyer at the Vendor's discretion. In the event of remedy or replacement, a deadline will be set corresponding to the original delivery term.

9.3 If the Buyer has not made any claim for a defect or deficiency to the Vendor within 6 months of the delivery date, no subsequent claim can be made.

9.4 Modifications to or physical interference with the goods sold without the Buyer's consent relieves the Vendor or any obligation and liability.

9.5 No from of guarantee is provided on goods pruchased or services provided.

10. Product information and changes

10.1 Details in the product information supplied are only binding when specifically referred to by the Vendor in writing. The Vendor reserves the right to make modifications to all product specifications without notification, if doing so can be done without significant inconvenience for the Buyer.

11. Disputes, applicable law and jurisdiction

11.1 Disputes between the parties which cannot be resolved between them, shall be referred to the District Court of Randers and heard under Danish law. International Danish provate law which refers to a foreing law, and the Contracts for the International Sale of Goods (CISG) convention, shall not apply however.

 

 

 

 




 

 

MV Plastics Ltd. is a leading supplier of molded components in series from a few to several million.
Injection molding made ​​with several different types of plastics with our advanced production equipment. With many years
experience in plastics and injection molding is MV Plastics Ltd. a strategic partner in the development of new plastic parts.

Terms and conditions

MV Plast Aps · Factory: Slåenvej 2F · DK-8930 Randers NØ · Tlf. +45 86 42 42 40 · www.mvplast.dk

Office: Mirabellevej 9   DK-8930 Randers NØ