Terms and conditions Simplewire ApS
1. Validity
These terms and conditions apply to all offers, sales and deliveries from Simplewire Sales ApS ("Simplewire") unless otherwise agreed in writing. The buyer's specification of special terms in tender documents, orders etc. will not be considered valid unless Simplewire has agreed in writing.
2. Offers
All offers are made subject to intermediate sales. If Simplewire has made an offer that does not specify a specific acceptance deadline, the offer will lapse if acceptance is not received by Simplewire within 14 days of the date of the offer. Unless a firm offer has been made, we reserve the right to price increases for materials and labor from our suppliers.
3. Prices and payment
All prices are in Danish kroner and exclusive of VAT. Payment must be made no later than the date indicated on the invoice as the due date. If no such date is stated, payment must be received by Simplewire within 14 days of the invoice date. This also applies to partial deliveries or invoicing on account. If payment is made after the due date, the buyer is obliged to pay default interest on the amount due at the rate of 2% per month or part thereof. The buyer will not be entitled to set off any counterclaims against Simplewire that have not been acknowledged in writing by Simplewire. Nor is the Buyer entitled to withhold any part of the purchase price due to counterclaims of any kind.
4.Retention of title
All deliveries are sold subject to retention of title and remain Simplewire's property until the buyer has paid the purchase price in full plus interest and costs and any expenses relating to the goods sold that may have been incurred by Simplewire on behalf of the buyer. The retention of title also applies where the goods have been sent to the buyer but sold on the condition of net cash payment. In the event of transformation or processing of the goods sold, the retention of title will be maintained so that it covers the transformed or processed item to an extent corresponding to the value of the goods sold at the time of sale.
5. Delivery
Delivery times stated are based on on-time delivery from Simplewire's suppliers. In the event of late delivery from Simplewire's suppliers or in the event of force majeure and other circumstances beyond Simplewire's control, Simplewire is entitled to postpone delivery or cancel the order - subject to notifying the Customer as soon as possible.
6. return of goods
Goods can only be returned by prior written agreement and only in unbroken, undamaged packaging. In the event of an agreed return, the buyer bears all costs for transportation and shipping in connection with the return of the item and a cost deduction of 10% is calculated, however, a minimum of DKK 250, - which is deducted from the credit. Goods brought home specially or made to order are never returned.
7. Complaints and defects
The buyer's right of complaint expires 12 months after the time of delivery, and in all cases the complaint presupposes that the buyer has fulfilled its general duty of inspection under the general rules of Danish law immediately upon delivery. Complaints to Simplewire about defects that were or should have been discovered during the aforementioned inspection must be made immediately after the inspection, failing which the complaint will be rejected as being made too late. For defects that were not or should not have been discovered in connection with the duty of inspection, a complaint must be made as soon as the defect can be ascertained and no later than before the expiry of the complaint period. If a timely complaint is made in accordance with the above guidelines, Simplewire will, at its option, repair or replace the product within a reasonable time. In this connection, the buyer must give Simplewire the opportunity to inspect the product at the buyer's premises or at Simplewire's premises at Simplewire's own discretion. The buyer will bear all transportation and shipping costs in the event of return, and the buyer will assume the transportation risk. If a product cannot be repaired or exchanged for an equivalent product, the buyer may demand a refund of the current daily price of an equivalent product designated by Simplewire. No other claims can be made against Simplewire. If the buyer has filed a complaint about a defect or deficiency that subsequently turns out not to be attributable to Simplewire, the buyer must compensate Simplewire for any expenses incurred by Simplewire in handling the matter, including labor costs. The compensation will be determined on the basis of Simplewire's price list applicable from time to time for services performed, etc. Changes or interventions in products without Simplewire's written consent will release Simplewire from any obligation.
8. Limitation of liability
In no event will Simplewire be liable for operating losses, loss of profit, loss of revenue, consequential losses or other indirect losses, including indirect losses arising as a result of delayed or defective delivery. Simplewire is not liable for defects in a product where the defect has arisen as a result of the use of the products in connection with other accessories/products that directly or indirectly affect the function of the products, unless such use is provided for the product. Simplewire is not liable for defects arising from the buyer's use of the products in a manner other than that prescribed in the documentation provided or from negligence on the part of the buyer, its personnel or third parties. A claim for damages or a claim for a proportionate reduction against Simplewire cannot exceed the amount paid for the product sold.
9. Product liability
Product liability is governed by the rules of Danish law applicable from time to time. Unless otherwise provided by mandatory rules of law, Simplewire will not be liable for operating loss, loss of profit or other indirect loss. Any non-statutory product liability developed in Danish case law is expressly disclaimed.
10.Disputes
Any dispute that may arise between Simplewire and the latter's customers must be settled by the ordinary courts and with Danish law as the legal basis.