Terms of sale

1. Usage.
The following applies to all offers, orders and deliveries at the extend that no other agreement has been made.

2. Offers.
Unless anything else has been agreed upon, an offer provided by Invitec APS is valid for 30 days from the date of the offer.
We refer to the order confirmation in section 3.
By ordering and confirming after the time limit Invitec Aps has the right to change the offer.
The given prices are exclusive of taxes and VAT and any other charges, fittings and wrappings, unless anything else is mentioned within the offer.

3. Orders.
Any order must be confirmed in writing by Invitec Aps. Before a binding agreement of delivery can be seen to have been reached. The order will be delivered to the agreed price, with reservation for price rises, as part of changes in trading terms, official taxes, exchange rates, supplies of raw materials and the likes, which is out of limits of control by Invitec Aps.
Annulment of an order will only be accepted after agreement and only by reimbursement of the loss suffered by Invitec APS, within this: profit margin, photographic materials, measured drawings and anything else included within the prospects, product descriptions, catalogs, circular etc. approximate indications and non-binding. Invitec Aps reserves the rights, that if the order has been set in production, to make any changes which is deemed technically necessary. The order will be produced and delivered according to Danish standard and rules, unless anything else is agreed and specifically mentioned in the order agreement. No agent, merchant or distributor has got the right to make any changes or additions to any order confirmation or contract, and Invitec Aps take no responsibility for it, unless there is a written obligation from Invitec Aps.

4. Terms of Delivery.
Unless anything else has been agreed in writing, the delivery is sold from factory (EXW), jf. INCO terms 2020.
Delivery times are accounted from the date for Invitec Aps written order confirmation, under the assumption that all technical details and formalities, for the orders completion is known at this point in time. If a payment upfront is agreed, confirmation letter of credit or other payment security, then this shall also be in the hands of Invitec Aps. If the opposite applies, the delivery time starts from the point where all matters have been brought to conclusion. If the purchaser denies acceptance of the delivery on the agreed day, he is then also obliged to pay for all costs, as if the delivery had taken place. Furthermore, Invitec Aps can terminate the agreement and demand reimbursement for economical loss, which has been inflicted Invitec Aps by the purchaser’s negligence. If delay of delivery is due to war, strike, lockout and force majeure or political reasons, or delay in sub deliveries, supply of materials of which Invitec Aps is not in charge, or of the purchasers’ dealings, or negligence, the delivery time will be extended accordantly. Invitec Aps will in these situations not take any responsibility towards the purchaser. If the purchaser does not keep to the agreed terms concerning the payment of the order, Invitec Aps is not bound by duty to deliver. There will be given no compensation for delayed delivery, which is not because of Invitec Aps misconduct, and the purchaser is not permitted to cancel the order for this reason. At the point of shipping, the products will be wrapped according to Invitec Aps’s decision, and the price for that is paid for the customer, if the wrapping is not specifically accounted in the price. Shipping is always buyers’ responsibility and risk also by franco delivery, and buyer carries the responsibility themselves for the necessary transport insurance is in place, unless another specific agreement has been made.

5. Payment.
The delivered goods remain the property of Invitec APS, until payment in full, inclusive of any charges and interest is paid in full, or the trading agreement have been fulfilled. The purchaser is responsible for the order for the total of what the goods are worth on the delivery date, until payment in full has been made.

6. Ownership.
The delivered goods remain the property of Invitec APS, until payment in full, inclusive of any charges and interest is paid in full, or the trading agreement have been fulfilled. The purchaser is responsible for the order for the total of what the goods are worth on the delivery date, until payment in full has been made.

7. Responsibility for falls and defects.
Invitec APS provides right of redress for a period of 12 consecutive months, starting from the delivery date, depending on whether normal usage has taken place. Purchaser has a duty to respect and recognize Invitec APS’ right of redress, which applies for the same period of time.
Right or redress involves correction of faults, which is due to construction, manufactory processes or material. Right or redress does not apply, in cases where the fault is due to the fact, that the product has not been maintained or not been used according to given instructions and procedures, or that repairs have taken place, by using others than the by Invitec APS, recommended workshops, damaging use, or by usage for other purposes than the intended, changes or technical interventions carried out without Invitec APS’ prior written consent, extraordinary influences, or where unoriginal spare parts or accessories have been used. The same applies to parts missing from products, which are delivered by the purchaser, or by one of the buyers requested constructers. Used and worn parts are not included in the redress. If the purchaser wishes to complain over anything amiss, it should be done in writing instantaneity or by, at the latest 48 hours after it has been discovered, or ought to have been discovered. Faulty parts that are changed, must be kept and be available for Invitec APS to inspect. Unless anything else is agreed, dismantling, all transport and assembling of faulty, repaired and replaced parts, are carried out at the purchaser’s expense and risk, like possible further damage in connection with exchange of parts is not covered either. The redress order for the delivery is terminated by change of ownership. Parts of the delivery, which is not produced by Invitec APS are only compensated for the amount, that Invitec APS receive in compensation from its supplier.

8. Responsibility for the deliveries, cause of damage (product responsibility).
Invitec APS is responsible for personal damage, that has been coursed by one of the Invitec APS produced products, if the damage can be proven to be due to a fault or negligence, coursed by Invitec APS or other which Invitec APS has the responsibility for unless the product was intact when produced. Invitec APS is however not responsible for damage to real estate or movables, which occurs while the delivery is in the care of the purchaser, as well as damage to the products, that has been inflicted by the purchaser, or to products wherein these are included. The same applies to damage which has occurred at a occasion mentioned in point 4. Invitec APS is not responsible for operations loss, loss of time, loss of profit, loss of earnings or any other indirect type of loss. The product responsibility terminates after 6 months from the incident where the damage occurred, or for damage that is been coursed more than 5 years after the delivery date. In the case where Invitec APS could be summoned with product responsibility by a third party, then the purchaser is obliged to keep Invitec APS indemnified to the same extend, as Invitec APS responsibility is limited after the previous point.

9. Special circumstances.
If the above mentioned provisions is not fully informative, Invitec APS refers to ordinary sales and delivery terms NL92. In the case of any possible disputes between “NL92” and present sales and delivery terms, then present sales and delivery terms should take precedence.

10. Law of arbitration.
All disputes between the parties, that arise in connection with the present agreement, has to be decided by arbitration, by one of the Danish arbitration courts. The dispute will then be decided in accordance with applicable Danish law and in accordance with the existing rules applicable to arbitration.