Continental Pricelist 2020 VERS 1 - Page 4



TERMS AND CONDITIONS
OF SALE AND DELIVERY
§1 Offers and orders:
Offers from AVK International A/S (AVK) shall
be subject to confirmation unless a written
acceptance has been given to the contrary. Orders
shall only be binding on us if at the receipt of a
final, specified order we have the product at our
disposal or can provide this at the prices and on
the conditions with which we have calculated and
on which we have based the offer - even though
the purchaser may not be cognizant of such
conditions. Moreover, the order shall be confirmed
in writing by AVK.
times of delivery have been fixed to the best of
our judgement, but AVK undertakes no obligations
as regards a punctual observance of the time of
delivery confirmed or desired.
§2 Terms of payment:
Unless otherwise agreed in writing AVK
international A/S’ terms of payment shall be as
follows: Invoice date + 30 days net. Interest at
a rate of 1,25% per commenced month will be
charged on all overdue invoices. Interest will be
added monthly. AVK International A/S will charge
a fee of DKK 100 per payment reminder in case of
overdue invoices.
§5 Cancellation and return:
An order can only be cancelled by written
agreement between AVK and the customer.
Moreover, AVK reserves the right to debit the
customer with all costs which AVK may incur
owing to the customer's wish to cancel the order.
Returns cannot be allowed later than 3 months
after delivery.
§3 Prices:
The price of the products shall be AVK qouted
price or, where no price has been qouted (or the
qouted price is no longer valid) the price listed in
AVK's published pricelist current at the date of
acceptance of the order.
AVK reserves the right by giving notice to the
buyer at any time before dispatch to increase the
price of the products to reflect any increase in
the cost to AVK which is due to factor beyond the
control of AVK (such as, without limitations, any
foreign exchange fluctuation, currency regulation,
alteration of duties, significant increase in cost of
labour, materials or other cost of manufacture) any
change in delivery data, quantities or specifications
for the products which is requested by the buyer,
or any delay caused by any instruction of the
buyer or failure of the buyer to give AVK adequate
information or instructions.
The prices are exclusive of any import duties, VAT,
levies, taxes and other charges which may be
imposed on the goods.
§4 Delivery and transport:
All times of delivery shall as far as possible be
in accordance with the customer's desires. The
Delivery will be effected ex works (EXW) unless
otherwise agreed in writing.
AVK can at the customer's request arrange the
transportation at the customer's expense and risk
to any destination which can be reached by rail,
sea, road or air.
The customer cannot expect to be credited for
more than 70 % of the value debited. All returns
shall show the original invoice number and date
of delivery.
No return shall ever be allowed of special products,
products which have been specially manufactured
for the customer in question or products in which
any specifications have been changed. The return
of products to AVK shall be at the customer's
expense and risk.
§6 Packaging:
The packaging is not returnable if it was included
in the price, specially produced for the product
supplied, or if it is disposable.
Packaging which was debited separately may only
be returned upon previous agreement and no later
than 3 months after the time of delivery.
§7 Liability for defects:
Only documented defects in the design,
workmanship or material of the product supplied
or faulty performance of work shall be considered
defects.
The purchaser shall immediately after delivery
carry out a reasonable examination of the product.
The purchaser cannot adduce defects which could
have been established at such an examination
unless the purchaser proves that AVK has received
a written complaint no later than 8 days after
delivery was effected.
The purchaser cannot adduce defects which could
not have been established at an examination as
the one mentioned above unless AVK has received
a written complaint within 1 year after delivery
was effected.
The purchaser shall have no other rights in
connection with defects than a claim for a
rectification of the defects as soon as possible
in the form of repair, replacement delivery or
subsequent delivery. A replacement delivery by
AVK shall be conditional upon the purchaser
returning the defective parts.
AVK shall in no case be liable for any trading
loss, loss of time, loss of profit or any similar
consequential losses owing to the defects.
§8 Product liability:
AVK shall not be liable for any pollution of or
through air, ground or water and for any damage
caused to things being used for purposes of trade.
AVK shall not be liable for damage to any real or
personal property occuring while the product sold
is in the purchaser's possession.
Nor shall AVK be liable for any damage to products
produced by the purchaser or to products in
which the product sold forms part, including
real property, or to products for the production,
treatment or processing of which the product is
used. AVK shall not be liable for any damage to
things in cases where the product sold is used for,
built into or forms part of another finished product
which is used for the operation of an aircraft or in
off-shore installations.
Moreover, AVK' liability for any damage to real or
personal property cannot exceed DKK 1,000,000.for each cause of damage for which AVK can be
held liable.





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