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Terms of Sale and Delivery
The following terms of sale and delivery for Dansk Wilton A/S shall apply to all orders unless otherwise agreed in writing.
All information in catalogues, brochures, product details, etc., is approximate and shall only be binding in so far as it is reproduced in the order. All drawings and other technical documents relating to a project that one party hands over to the other before or after placement of order shall belong to the party who handed them over. Any drawings, other technical documents or technical information received may not be used for purposes other than the purpose for which they were handed over without the written consent of the other party. The said material may not be copied, reproduced or otherwise divulged to third parties without the consent of the other party.
All written quotations shall remain valid for 30 days from the quotation date with regard to prices. Any delivery dates quoted are for guidance only.
Quantities and dimensions
Dansk Wilton A/S’s order confirmation shall form the basis for invoicing. Charging shall be based on prices and the calculated gross quantity of carpet. Dansk Wilton A/S shall be entitled to over-deliver by up to 5% for the customer’s account.
Acceptance of Orders
All orders accepted by Dansk Wilton A/S are subject to force majeure and failure to deliver on the part of raw material suppliers. A binding contract of sale shall only arise between Dansk Wilton A/S and the customer when written order confirmation is sent by Dansk Wilton A/S.
Terms of Delivery
All goods shall be delivered ex works in accordance with the ICC’s Incoterms 2010 unless otherwise expressly stated in the order confirmation.
Delivery Date – Delays
Dansk Wilton A/S quotes delivery dates to the best of our judgement and minor deviations shall be regarded as delivery on time in every respect. If the delivery date is quoted as a period of time (e.g. 8 weeks), the period in question shall be calculated from receipt of a binding order and all the necessary information from the customer. Should the customer wish to postpone an already confirmed order in regard to the originally agreed time, the customer shall inform Dansk Wilton A/S at least 7 weeks before the agreed delivery date. If this information does not reach Dansk Wilton A/S in due time, Dansk Wilton A/S shall invoice the total amount less fitting costs if any. Dansk Wilton A/S shall also at its option be entitled, to either postpone delivery of an order or to cancel an order if at any time the customer is in arrears with payment for previous consignments. If the delay is due to circumstances that constitute force majeure, the delivery date shall be extended for as long as the obstacle persists.
All prices quoted shall be subject to changes in customs duties and excise taxes of any kind and sudden exchange rate fluctuations. If Dansk Wilton A/S intends to invoke any such change, it has to be informed the customer thereof without delay.
Payment – Interest
The purchase price for the carpet delivery and the carpet installation is due according to the payment terms agreed in the quotation/order confirmation. Interest shall be charged automatically on overdue accounts at a rate of 2.0% per month or part thereof from the due date. If the purchase price is paid after Dansk Wilton A/S has commenced debt recovery proceedings, the purchaser shall pay all collection charges. To obtain the above terms of payment, Dansk Wilton requires a 100 % credit insurance of the customer through a recognized credit insurance institution. If the necessary credit insurance cannot be obtained, the terms of payment shall be prepayments or alternatively the issue of a bank guarantee (L/C) from the customer’s bank.
Retention of title
Delivered goods shall remain the property of Dansk Wilton A/S pending payment in full.
Complaints and Defects
It shall be incumbent on the customer to inspect goods thoroughly immediately upon receipt and in particular to check the quantity received, the quality of the goods, the colour and the pattern before the goods are used. Velour qualities may have areas resembling water marks that are due to a change in the direction of the pile in that spot. In such areas the light is reflected differently, creating light and dark patches that are different from the rest of the carpet. This phenomenon is known as shading and has no effect on the performance characteristics of the carpet, which cannot therefore be described as defective. For other technical conditions please refer to Dansk Wilton A/S product specifications, EN 1307 “Classification of pile carpet” and CEN/TS 1419 “Requirements for tolerances on (linear) dimensions of wall-to-wall carpet and for tolerances on pattern repeat”. Complaints must be made within 8 days of receipt of the goods. Complaints concerning part deliveries shall not entitle the customer to cancel the remainder of the order. Complaints concerning non-visible damage shall be made within 8 days of the earliest date on which the damage could have been discovered. Losses arising from the customer’s failure to inspect the goods shall be of no concern to Dansk Wilton A/S. Complaints must be made in writing and contain a precise statement of the nature of the fault or defect. Complaints must be approved by Dansk Wilton A/S before the defect can be remedied.
Other Liability – including Product Liability
Dansk Wilton A/S shall not be liable for consequential loss, loss of profits, replacement costs or other indirect losses. The liability of Dansk Wilton A/S shall be limited to the invoice value of the supplied product. Dansk Wilton A/S shall only be responsible for injury to persons or damage to property caused by the goods in so far as it is proved that the goods are defective, the injury or damage is due to the defect in question and that there is a causal relation between the injury or damage and the defect. Nor shall Dansk Wilton A/S be responsible for consequential loss, loss of profits, loss of earnings or other indirect losses.
Fitting and care
Dansk Wilton A/S recommends that carpet should be fitted in accordance with its fitting instructions. Dansk Wilton A/S recommends that carpet should be cleaned and cared for in accordance with its cleaning and care instructions.
5-year right to complaints
Dansk Wilton A/S shall provide a right to complaints against faults and defects that can be attributed to defective materials or workmanship on the part of the manufacturer. Dansk Wilton A/S shall provide a 5-year right to complaints against carpet wearing through with normal use according to contract. Normal use according to contract covers daily use. The right to complaints does not cover spot wear in defined areas. The right to complaints shall be conditional upon the carpet being fitted in accordance with Dansk Wilton A/S’s fitting instructions.
Relief (Force Majeure)
The following circumstances shall qualify for relief in so far as they impede performance of the contract or render performance unreasonably burdensome: industrial disputes and any other circumstance beyond the control of the parties such as fire, war, mobilisation or drafting for military service of a similar scope, requisitioning, sequestration, currency restrictions, insurrection and civil unrest, shortage of transport, general shortage of materials, restrictions on the use of power and non-delivery or delays to deliveries by suppliers attributable to any of the aforementioned circumstances. The party wishing to claim relief by reason of any of the said circumstances shall notify the other party in writing without delay on the intervention and cessation thereof. Dansk Wilton A/S reserves the right to terminate the contract if, by reason of any of the said circumstances, performance of the contract is rendered impossible for more than 6 months.
Legal Venue and Applicable Law
Any dispute shall be settled by the Maritime and Commercial Court in Copenhagen (Sø- og Handelsretten) in accordance with Danish law, including CISG (United Nations Convention on the International Sale of Goods).