Terms and conditions of sale and supply
In general
Unless otherwise agreed in writing, any delivery from OX-ON A/S is made subject to the terms and conditions of sale and delivery below.
Prices
All prices are excl. VAT and any other taxes.
OX-ON A/S reserves the right to change prices without prior notice due to changes in exchange rates, duties, fees, taxes, commodity prices, etc. Any taxes imposed by law will appear as separate item lines for the individual products. Other price increases will be notified with at least one month's notice
Some items in the price list are special order items, for which increased delivery time should be expected.
Product information
Information on the website, in product information or price lists is only binding to the extent that the
agreement explicitly refers to them.
Payment
The entire invoice amount is due for payment 30 days after the invoice date, unless otherwise agreed in
writing. If payment is not made in a timely manner, OX-ON A/S is entitled to interest calculated as 1.5% of the invoice amount for each month or part of a month during which payment is due.
Retention of title
The sold goods remain the property of OX-ON A/S until full payment has been made.
Delivery
Delivery takes place DPU (Incoterms 2020) to the address indicated by the buyer. For orders of less than DKK 2,500 excl. VAT is charged on freight.
For orders of less than DKK 1,000 excl. VAT, a handling fee is charged of DKK 100.
Delivery times are approximate and non-binding unless otherwise agreed and confirmed in writing by OX-ON A/S.
Obligation of inspection and right of complaint
The buyer is responsible for inspecting the goods immediately upon delivery.
Complaints regarding flaws, defects or deficiencies must reach OX-ON A/S within 5 calendar days upon
delivery or after the flaw or defect has been, or should have been, discovered.
If the buyer, with regards to goods from OX-ON A/S, or parts thereof, receives complaints from the buyer's
customers or other users of the goods from OX-ON A/S, the buyer must file a complaint to OX-ON A/S in
writing within 5 calendar days thereafter. If the buyer fails to comply with this obligation, the buyer cannot
subsequently make any claim for deficiencies or damages against OX-ON A/S, and the buyer must also release OX-ON A/S from any claim, which the buyer’s customer has charged directly to OX-ON A/S.
If the buyer has not made a written complaint within 12 months from the date of delivery, the buyer is in every respect prevented from claiming any defect, compensation or any warranty claims or other remedies.
Liability
OX-ON A/S is liable in accordance with the general rules of Danish law with the restrictions that follow from these conditions.
In the event of quantitative deficiencies, OX-ON A/S may make subsequent delivery within a reasonable time, whereupon the buyer cannot plead breach.
Limitation of Liability
OX-ON A/S is only liable for defects in OX-ON A/S's deliveries if the buyer has used them in a proper and
prescribed manner and according to any instructions given by OX-ON A/S.
Under no circumstances shall OX-ON A/S be liable for any operating time, loss of profit, loss of goodwill or
other indirect losses on the part of the buyer or buyer’s customers or other users of OX-ON A/S's deliveries.
Remedies for breach of contract
In the event of flaws or deficiencies in the delivered goods, OX-ON A/S has the right to correct these by
replacement, repair or crediting, according to what OX-ON A/S believes is the right solution.
Returns
Non-defective goods will only be taken back in agreement with OX-ON A/S and only if following conditions
are meet; The returned items must be fully saleable meaning in its original, undamaged packing and must
have been purchased from OX-ON A/S within 6 months. For partial coverage of handling costs, min. 20% of
the invoice amount will be charged. Returns at total value below EUR 15.00 excl. VAT are not accepted in
return.
Returns must be addressed to OX-ON A/S, carriage paid, and with invoice copy enclosed. If the invoice copy is not enclosed, the goods will be returned to the customer.
OX-ON A/S does not accept return of customized or special order items.
Product liability
OX-ON A/S is responsible for product liability in accordance with the rules of the Product Liability Act. OX-ON A/S is covered by a product liability insurance of DKK 10,000,000.
Force Majeure
OX-ON A/S is free from liability in the event that faulty or delayed delivery is due to force majeure. Force majeure includes war, mobilisation, national/local riots and unrest, government intervention or intervention by local authorities, strike, blockade or lockout, export or import bans, currency restrictions, natural disasters or other extreme weather conditions, fire and seizures, disruptions of IT or infrastructure as a result of an external cyberattack, as well as other circumstances beyond the reasonable control of OX-ON A/S.
Jurisdiction and venue
Disputes relating to agreements between OX-ON A/S and the buyer must be settled under Danish law at the Court of Sønderborg.
