TERMS AND CONDITIONS OF SALE AND DELIVERY FOR NSI ELECTRONIC
1. General:
These terms of Sale and Delivery apply to all offers, sales and deliveries unless otherwise agreed in writing with NSI Electronic.
2. Prices:
All sales are made at agreed prices in currency according to order confirmation or invoice. Prices are exclusive of VAT unless otherwise stated. Reservations are made for price increases from suppliers. Changes in public taxes of any kind, including import and export taxes and customs duties, which occur after the seller's order confirmation, are of no concern to the seller and shall be borne by the buyer.
Freight costs are adjusted to the individual order after receipt thereof and are subsequently finally confirmed.
If the buyer violates the manufacturer's or NSI Electronics' guidelines, the buyer may be excluded from future trade.
3. Payment:
Payment must be made no later than the date indicated on the invoice as the last due date for payment. If the due date is not specified, payment shall be made on the invoice date. If delivery is postponed due to the buyer's circumstances, the buyer is - unless the seller notifies the buyer otherwise in writing - still obliged to make all payments to the seller as if delivery had been made at the agreed time. If payment is made after the due date, the Seller is entitled to charge interest on the outstanding debt from the due date at 2% per month or part thereof and a reminder fee of DKK 100 per week or part thereof. The buyer cannot set off any claims to NSI Electronic of any kind unless this has been accepted in writing by NSI Electronic.
4. Delivery:
Deliveries, where NSI Electronic is responsible for the transport, are basically in accordance with Incoterms 2015 DDP. Incoterms 2015 DDP, unless otherwise agreed.
EXW or other terms from NSI Electronic's warehouse address are agreed for the orders in question from time to time.
DDP delivery is at the buyer's expense according to applicable freight rates from NSI Electronic unless otherwise agreed.
Delivery time is an estimate based on normal delivery times. We will always endeavor to deliver on time. Reservations are made for delays.
The buyer is obliged to inspect the goods upon receipt so that any freight damage is registered upon receipt. The buyer shall cover any costs incurred as a result of the delivery not being received as agreed. If delays in delivery are due to the Seller being in a force majeure situation (see clause 5), the time of delivery shall be postponed for the duration of the hindrance, however, both parties shall be entitled to cancel the agreement without liability when the hindrance has lasted for more than 3 months. This provision shall apply regardless of whether the cause of the delay occurs before or after expiry of the agreed delivery time. In the above cases, the Seller shall - without undue delay - notify the Buyer of changes in the delivery time. The Buyer shall under no circumstances be entitled to compensation for damages, either for direct or indirect losses, as a result of delays or damages.
5. Force Majeure:
The Seller shall not be liable for non-performance of the Seller's obligations due to force majeure, including war, riots, civil unrest, government or local authority intervention, strike, blockade, lock-out, export or import bans, pandemics, natural disasters, adverse weather conditions, fire, shortage of labour or energy supply or any other cause beyond the Seller's control which prevents the Seller from performing its obligations. The above force majeure clause applies whether the obstacles to fulfilment affect the seller itself or a subcontractor or carrier chosen by the seller.
6. Retention of Title:
NSI Electronic reserves the right of ownership of goods delivered by NSI Electronic until the entire purchase price including any delivery costs and any interest and fees have been paid.
7. Cancellation and Modification of orders:
Cancellation or modification of the order by the Buyer, including changes in specification, quantity and delivery, must be agreed in writing on a case-by-case basis. The costs associated with the cancellation or change shall be borne in full by the Buyer.
Goods may only be returned in original and unopened packaging for a fee. If there is visible damage to the packaging/product, the product will be rejected. Returns are only accepted by prior agreement.
8. Product Information:
Reservations are made for errors and changes in all material, including web-shop, catalogues, price lists, etc.
9. Trademarks:
NSI Electronic represents international manufacturers, own trademarks, etc.
All trademarks are the property of their respective rights holders and their use requires prior authorization from the rights holders.
10. Defects and Complaints:
If the Buyer wishes to invoke a qualitative or quantitative defect, the Buyer shall immediately and no later than 3 working days from the date of delivery notify the Seller in writing, stating the nature of the defect. Beyond this, the seller is not liable for any loss. No compensation shall be paid for operating loss, loss of profit and other direct or indirect loss due to defects in the goods. It is the buyer's responsibility immediately upon receipt to make any complaints regarding transport damage in writing to the carrier.
Hidden damage that is not visible on delivery must be reported immediately and within 2 working days at the latest. However, the damage must be reported before it leaves the address to which NSI Electronic has delivered. If no reservations have been made upon receipt, the goods have been signed for as intact in accordance with applicable freight regulations.
11. Limitation of Liability and Product Liability:
A claim for damages against NSI Electronic cannot exceed the invoice amount for the unit sold. NSI Electronic's liability is only limited to direct loss and not other cases.
The buyer must indemnify the seller to the extent that the seller is held liable to third parties for such damage and loss for which the seller is not liable to the buyer. The Seller shall not be liable for damage to real property or movable property that occurs while the goods are in the Buyer's possession. Nor is the seller liable for damage to products manufactured by the buyer or products in which these are included. In no event shall the seller be liable for indirect losses, including operating losses, lost profits or other consequential financial losses. The seller can only be held liable for damages according to the mandatory rules of Danish law on product liability.
12. Warranty and right of complaint:
Reference is made to the manufacturer's applicable service and warranty obligations.
For products to be generally covered by the manufacturer's warranty obligations, the following must apply:
The product must have been properly treated in accordance with common practice and the instructions in the user manual.
The product must not have been subjected to abuse, improper use, incorrect installation, lack of maintenance, unauthorized servicing or other misuse.
13. Login:
If you have a login to the www.nsi-el.dk reseller shop, please note that the code is personal! The code holder will be held liable for any misuse and the code may not be disclosed to any other party. In the event of resignation from the company for which the login was created, we must be informed immediately, the login must be deleted and a new user can be contacted.
14. Mails:
All mails sent from NSI Electronics domain including any attachments are considered confidential and are only intended to be read by the person to whom it is addressed. If emails are received from NSI Electronic in error, please contact the sender immediately by replying to the email and then delete the email.
15. Personal Data:
We point out that the personal data of our customers is passed on to an external carrier for the fulfilment of our delivery obligations. Otherwise, the data will not be disclosed to third parties and will remain confidential with the carrier. For other information, please refer to the relevant logistics partner (information about this can be requested from your contact person at NSI).
Read more at http://nsi-el.dk/persondatapolitik/