TERMS AND CONDITIONS OF SALE
1. Conditions and Acceptance
Unless otherwise provided in writing, POLAR products are sold subject to the following conditions: Terms and conditions apply to all trade between POLAR TOOLS A/S (hereinafter POLAR) and the customer.
Any deviation from these terms and conditions may be made only by written agreement between the parties.
2. Quotations and Offers
Drawings, estimated prices and comparable data remain the property of POLAR. Customers shall not, without POLAR’s prior written consent, make this material accessible to third parties.
Prices and products are subject to change without notice. The prices at which any order is accepted are subject to adjustment to the seller’s prices in effect at the time of shipment.
Prices do not include sales, excise, municipal, state, or any other Government taxes. All quotations and confirmations are subject to correction for stenographic or clerical error.
Prices indicated are always exclusive VAT. Unless otherwise specified, prices are in EUR.
Prices of goods, not be delivered immediately, are agreed under subject to changes in government charges, exchange rates, tariffs or similar. If such changes occurred, POLAR is entitled to renegotiate previously agreed prices.
4. Return Policy
Packing is included in the price, and will not be credited if returned.
Delivery will take place in accordance with Incoterms 2010 “FCA, Vejle”, after which the buyer bears the risk and freight- / insurance costs.
The customer may not subsequently make a claim substantiated by delay.
From the moment of delivery to the carrier, the purchaser shall bear all risks for the goods, and POLAR shall not be responsible for damage incurred during transportation.
6. Payment and Interest
The agreed purchase price to be paid in accordance with agreed payment terms.
If there are no agreed payment terms, delivery will take place against cash payment.
Payment after the due date will be charged an interest at 2% per month.
Written first reminder is sent 2 days after maturity. After further 7 days, a second reminder in writing will be output including a reminder fee of EUR 30,-
7. Retention of title
Ownership of the goods sold, remain with POLAR, until the purchase price plus interest, costs, etc. are fully paid.
8. Handling Fee
Certificates or other documentations will be charged as extra handling fee.
9. Credit / Return of goods
POLAR only accepts return of goods prior to written agreement. Returns are credited less 20% of the original selling price. The customer returns the goods sold at its own expense and risk. Customers must submit POLAR a copy of the invoice.
Complaints must be notified POLAR within 8 days after receipt of the goods.
11. Product Liability
POLAR is only responsible for injury if it is proved that the damage caused by errors or omissions of POLAR or others under the responsibility of POLAR. Compensation for personal injuries can never exceed what in Danish law applicable at any time replacement level (see “Bekendtgørelseslov No. 371 on Product Liability”).
POLAR is not responsible for damage caused by the goods sold:
a) At movable or immovable property, where the damage was caused while the goods sold is in the customer’s possession,
b) The products manufactured by the customer or to products incorporating such products or for damage to real or personal property, as these products as a result of the sold causes.
In no case is POLAR responsible for loss of profits or other indirect losses.
The customer must keep POLAR harmless if the POLAR liable to any third party for such damage and for such losses POLAR under this provision is not responsible for.
POLAR’s liability shall never exceed DKK 1,000,000.00 (one million) for damage to property.
If a third party makes a claim against one of the parties for compensation under this provision, that Party shall notify the other Party. POLAR and the client are mutually obliged to let themselves be settled under Danish law by the Court of Vejle examining claims for damages lodged against one of them on the basis of a damage or loss allegedly caused by the goods sold.
Relationship between POLAR and the customer must always determined by the agreed venue with reference to these terms and conditions.
12. Responsibility (force majeure)
POLAR is not responsible for delays in delivery or non-performance, if it is established that the delay or failure is due to war, riots, civil unrest, government intervention, blockade, interference from local authorities, seizure, fire, natural disasters, strikes, lockouts, export or import bans, interruption of the ordinary intercourse, partially or late deliveries from sub-suppliers or otherwise causes beyond POLARs control, and which is likely to delay or prevent the manufacture and supply of the goods sold.
Where the POLAR assess a delivery obstacle of this character deferred delivery time by a time interval corresponding to the duration of the delivery obstacle. If POLAR, after receiving notice of delivery obstacle, expects that this will last for 3 months or more, both the customer and POLAR entitled to either immediately cancel the tenders submitted and highlight signed non-current contracts, without this can be regarded as a breach of either party.
13. Jurisdiction and applicable law.
Any dispute between POLAR and the customer shall be settled under Danish law by the Court of Vejle.
Vejle, 8th of June 2017
POLAR TOOLS A/S