Terms and conditions of sale and supply
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.
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, levies, taxes, raw material prices, etc. Any taxes imposed by law will appear as separate items 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 must be expected.
Information on the website, in product information or in price lists is only binding to the extent that the agreement explicitly refers to it.
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 charge interest, calculated as 1.5% of the invoice amount per commenced month in which payment is due.
Retention of title
The sold product remains the property of OX-ON A/S until full payment is made.
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.
Duty of investigation and complaints
It is the responsibility of the buyer to check that the goods are free of defects immediately upon delivery.
Complaints regarding faults and defects must reach OX-ON A/S within 5 calendar days of delivery or after the fault or defect has been, or should have been, discovered.
If, with regard to OX-ON A/S's goods or parts thereof, the buyer receives complaints from the buyer's customers or other users of OX-ON A/S's goods, the buyer must then forward/lodge a complaint in writing to OX-ON A/S within 5 calendar days. If the buyer fails to comply with this obligation, the buyer may not subsequently make any defect or compensation claims against OX-ON A/S. Likewise, in the mutual relationship between OX-ON A/S and the buyer, the buyer shall exempt OX-ON A/S from any claim which the buyer's customers have made directly against OX-ON A/S.
If the buyer has not submitted a written complaint within 12 months from the date of delivery, the buyer shall be excluded in all respects from making any defect, compensation or warranty claims or seeking other remedies.
OX-ON A/S is liable in accordance with the general rules of Danish law with the restrictions resulting from these conditions.
OX-ON A/S can, in the case of quantitative defects, carry out delivery within a reasonable time, whereupon the buyer cannot invoke nonperformance.
Limitation of Liability
OX-ON A/S shall only be responsible for faults in OX-ON A/S' deliveries if the buyer has used them in a proper and justifiable manner and in accordance with any instructions given by OX-ON A/S.
OX-ON A/S is under no circumstances responsible for any operating, time or profit losses, loss of goodwill, or other indirect losses incurred by the buyer or buyer's customers or other users of OX-ON A/S' deliveries.
In the event of errors or omissions in the delivery, OX-ON A/S has the right to remedy these by means of exchange, repair or crediting, depending on what OX-ON A/S considers is the right solution.
Non-defective goods will only be returned by prior agreement with OX-ON A/S. It is also a condition that the goods are returned in original and undamaged packaging, that they have been purchased within the last 6 months and that they are marketable and sellable. For partial coverage of handling costs, min. 20% of the invoice amount is calculated. Returned goods with a total value of less than DKK 100.00 excl. VAT are not accepted.
Returned goods must be addressed to OX-ON A/S's address, free delivered and a copy of the invoice must be enclosed. If a copy of the invoice is not enclosed, the goods will be returned to the customer.
Special order items and specialty goods are never taken back.
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 product liability insurance of DKK 10.000.000.
OX-ON A/S is exempt from liability in the event that faulty or delayed delivery is due to force majeure. Force majeure includes war, mobilization, 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, IT or infrastructure crashes due to an external cyber attack, and other circumstances outside OX-ON A/S´ reasonable control.
Governing jurisdiction and applicable law
Disputes in connection with agreements between OX-ON A/S and the buyer must be settled under Danish law at the Court of Sønderborg.