Terms and conditions

Terms and conditions at Leopold-Parts Aps
General information

Leopold-Parts Aps
Industrivej 7
6580 Vamdrup
CVR no.: 40957960
Phone: 75 52 55 65
Email: mail@leopold-parts.dk

1. Offers and order confirmation

1.1 The Seller’s offer is only valid for 8 days calculated from the day the offer is dated. After the expiry of this period, the Seller’s offer will automatically lapse. The Seller’s offer may also lapse if a delivery is out of stock or if the terms of delivery are changed, e.g. by a subcontractor.

1.2 The Seller reserves the right to change the delivery until the time of delivery, but in that case the Seller guarantees at least an equivalent performance.

1.3 The Buyer may only invoke the terms of these terms and conditions or any individual agreement between the parties. Information provided by the Seller orally, on the Internet, in brochures etc. is thus irrelevant to the assessment of the delivery.

1.4 An order is not binding until it has been approved by the Seller with an order confirmation by email or letter.

2. Prices and delivery location

2.1 Prices appear from the Seller’s price list applicable from time to time or from the submitted order confirmation.

2.2 Delivery is ex works unless otherwise agreed.

2.3 Delivery times are stated subject to any subcontractor delay. If the Seller becomes aware that a subcontractor delay will occur or considers this likely, the Buyer will be notified immediately with information about the expected new delivery time.

2.4 In case of significant delay on the part of the Seller, the Buyer is entitled to cancel the purchase. However, if continuous delivery has been agreed, the Buyer is only entitled to cancel with regard to the delayed partial delivery.

2.5 In no case can the Seller be held liable for the Buyer’s indirect loss as a result of a delayed or non-delivery. Furthermore, the Seller can only be held liable for direct losses if the Seller is in material breach of the agreement, provided that the Buyer can prove that it has suffered a loss as a result of the delay.

3. Freight, insurance and more.

3.1 The prices stated in the offer are ex works (Incoterms 2020) and exclusive of freight, shipping, insurance, packaging, installation, VAT and any government taxes, unless otherwise agreed. Changes in exchange rates, taxes, insurance, freight and purchasing costs mean that the Seller may adjust prices.

4. Payment options

4.1 The Seller’s payment terms are 8 days from the invoice date unless otherwise agreed in writing.

4.2 If the Buyer fails to pay by the due date and the delay is not due to the Seller’s fault, the Seller is entitled to charge interest on arrears from the due date in accordance with the national bank’s interest rate applicable at any time and to charge payment for all invoiced and delivered goods, regardless of previously agreed credit terms.

5. Retention of title and collateral

5.1 The Seller retains ownership of the goods sold, regardless of whether delivery has taken place, until the entire purchase price and any interest/fees have been paid.

5.2 The Seller is entitled at any time in connection with or after the conclusion of the agreement to demand adequate security for the Seller’s total costs in connection with the agreement.

6 Cancellation and modification of orders

6.1 After the Seller has sent an order confirmation to the Buyer, the Buyer is not entitled to change or cancel the order.

6.2 If the Buyer still chooses to cancel the order, the Buyer is obliged to replace the Seller’s lost profit. If the item is customized, the full amount will be charged for the item.

7. Duty of inspection and complaints

7.1 The Buyer shall immediately upon delivery or receipt of the goods, and always before using the goods, inspect the delivered goods to ensure that they are free from defects.

7.2 If the Buyer, in connection with its inspection of the goods, finds that there are defects in the goods, the Buyer must immediately notify the Seller of the defects. In the case of other defects, including hidden defects that only become apparent at a later date, the Buyer must complain immediately after the Buyer should have discovered the defect and no later than two years after delivery has taken place.

7.3 If the Buyer fails to notify the Seller immediately after the Buyer has become aware of a defect, the Buyer cannot later claim these defects against the Seller.

8. Missing

8.1 For a period of 24 months after delivery has taken place, the Seller undertakes, without undue delay, to carry out replacement delivery or repair at its own discretion when there are defects in the delivery.

8.2 However, the Seller shall not be obliged to remedy defects in cases where the defects are due to the delivery not having been installed and/or used in full accordance with the Seller’s instructions, incorrect or inappropriate use, changes or technical interventions made without the Seller’s written consent or extraordinary climatic influences.

8.3 Wearing parts are not covered by the right to remedy. Likewise, costs for installation and dismantling are not covered by the right to remedy.

8.4 If the Buyer wishes to complain about any defects, a written complaint must be made immediately after the defect has been discovered.

8.5 After the Seller has received a complaint about a defect that is considered covered by this provision, the Seller will remedy the defect.

8.6 If the Buyer can carry out the remedy at the company’s address, the Seller’s obligation to remedy the defect under this provision is fulfilled by sending a new or repaired part.

8.7 Defective parts replaced in accordance with the above shall be made available to the Seller unless otherwise agreed between the parties.

8.8 The Seller is entitled to remedy parts of the delivery that have been replaced or repaired on the same terms and under the same conditions as for the original delivery. However, the Seller’s remedial obligation does not apply to any part of the delivery beyond 36 months after delivery to the Buyer.

9. Limitations of liability

9.1 The Seller’s liability for defects cannot exceed the Buyer’s total payment for the goods.

9.2 The Seller is not liable for indirect loss, consequential loss, operating loss, loss of data and costs for their restoration and loss of profit, regardless of whether this is due to simple or gross negligence. To the extent that the Seller may be held liable to third parties, the Buyer is obliged to indemnify the Seller to the extent that such liability exceeds the limits set out above.

10. Product liability

10.1 The Seller is liable under the Product Safety Act.

The Seller shall have product liability for damage caused by the delivery to persons and loss of dependants in accordance with the mandatory legislation in force at any time. The Seller assumes no further product liability.

11. Exemption from liability – force majeure

11.1 The following circumstances shall give rise to exemption from liability when they occur after the conclusion of the agreement and prevent its fulfillment:

11.2 Labor disputes, strikes, lock-outs and any other circumstances beyond the control of the parties, such as fire, epidemic, war, unforeseen military call-ups of similar magnitude, acts of sabotage, seizure, currency restrictions, riots and civil commotion, lack of means of transport, general shortage of goods, restrictions on means of propulsion, and defects in deliveries from subcontractors, or delay in such deliveries caused by any of the circumstances mentioned in this clause.

11.3 The party wishing to invoke any of the above circumstances must inform the other party as soon as possible of the event that has occurred and when it is expected to cease.

11.4 Either party is entitled to terminate the agreement by written notice to the other when its performance within a reasonable time becomes impossible due to any of the circumstances mentioned in clause 11.2.

12. Settlement of disputes

12.1 These terms and conditions are subject to Danish law and jurisdiction.

12.2 Any dispute or disagreement that may arise in connection with this contract shall be resolved through negotiation. If the parties do not succeed in finding an amicable solution to the dispute in this way, either party is entitled to bring the matter before the court at the place where the Seller has its registered office.