Below are APTO's sales and delivery terms. The brand APTO is owned by PJ Production ApS.. If you have any questions that are not answered below, you are welcome to contact us via info@pj-production.dk or +45 86 81 23 75. We reserve the right for typographical errors, changes, currency exchange rates, etc.
The following terms and conditions of sale and delivery apply to all deliveries made by PJ Production ApS. Additions or deviations from the conditions below are only valid by written agreement between the parties.
APTO By PJ Production ApS
Haarup Skovvej 2
8600 Silkebog
Denmark
CVR-Nr.: DK-25862732
Tlf.: +45 86812375
E-Mail: info@pj-production.dk
Web: www.pj-production.dk
2.1. Offers are valid for 30 days from the date of the offer, unless otherwise agreed. The buyer's acceptance must have come to the knowledge of PJ Production ApS before the expiration of the acceptance period.
2.2. An order is only binding when PJ Production ApS's order confirmation is available. In case of any objections to the content of the order confirmation, a written response must be provided promptly.
3.1. The prices stated are in Danish kroner, excluding VAT (value-added tax), environmental surcharge, other similar public taxes, etc.
3.2. PJ Production ApS reserves the right to adjust prices without notice in case of price increases from subcontractors and on raw materials. Furthermore, changes in taxes, duties, etc., affecting PJ Production ApS, will lead to a price adjustment.
3.3. PJ Production ApS reserves the right for price errors and typographical errors in distributed or handed-out informational materials, price lists, product descriptions, marketing materials, etc.
4.1. Cancellation or modification of an order can only be made with PJ Production ApS's written approval, and the resulting costs are borne by the buyer. If the order has already been dispatched, the option for cancellation or modification of the order is waived.
4.2. In case of cancellation, the buyer must compensate PJ Production ApS for its costs and losses, however, a minimum amount equivalent to 10% of the agreed purchase price excluding VAT.
5.1. The delivery time is determined on the condition that all specifications are available no later than PJ Production ApS's issuance of the order confirmation. Otherwise, the delivery time is calculated from the time when such specifications are available.
5.2. If PJ Production ApS requires full or partial prepayment, the delivery time is calculated from the moment PJ Production ApS has received the prepaid amount.
5.3. Any exceeding of the delivery time does not entitle the buyer to compensation for indirect losses such as lost profits, operational losses, consequential damage, or other additional costs.
5.4. Force majeure occurs when PJ Production ApS's subcontractor is wholly or partially prevented from fulfilling contractual obligations due to war, mobilization, civil unrest, natural disasters, strikes or lockouts, failing supplies of raw materials, fire, or other destruction of production facilities, or any other extraordinary event that prevents or limits PJ Production ApS's normal production process and which PJ Production ApS could neither foresee nor anticipate at the time of contracting.
5.5. In the event of force majeure, PJ Production ApS may choose to terminate the concluded agreement in whole or in part and make delivery as soon as possible thereafter.
6.1. Payment must be made according to the payment terms set by PJ Production ApS based on individual credit assessment/debtor insurance. PJ Production ApS reserves the right to change agreed payment terms if the buyer's ability to pay weakens after the conclusion of the agreement.
6.2. Payment must be received by PJ Production ApS no later than the due date or, if it falls on a Saturday or holiday, on the next business day thereafter. Any delay in payment gives PJ Production ApS the right to withhold further deliveries and release itself from all obligations under the concluded agreement.
6.3. If payment is overdue, PJ Production ApS reserves the right to charge late payment interest of 2.4% per month from the due date, as well as a reminder fee of kr. 100.00 per reminder.
7.1. All goods are delivered EX Works according to the applicable Incoterms. The risk of the goods passes to the buyer upon delivery, and shipment is therefore at the buyer's expense and risk. If PJ Production ApS has not received any written instructions from the buyer regarding shipment at the time of shipment, the mode of transport is chosen on behalf of the buyer.
7.2. The buyer is responsible for arranging and paying for transport insurance if desired.
7.3. Europallets, Euro pallet collars, and other necessary packaging will be invoiced to the buyer. Europallets and Euro pallet collars can be returned by agreement and will be credited at applicable rates.
7.4. In no case is PJ Production ApS liable for any transport damages.
8.1. PJ Production ApS reserves the right of ownership for any delivery until payment for it is received by PJ Production ApS.
9.1. Unless otherwise agreed in writing, it is the buyer's responsibility to ensure that the delivered products comply with applicable rules and regulations. If special tests or approvals are required, these are not included in the scope of delivery.
9.2. The buyer is obliged to immediately upon receipt of a delivery conduct necessary examinations to ascertain that the delivery is in accordance with the contract. The buyer's right to complain about a defective delivery must be asserted in writing to PJ Production ApS no later than 10 days after the defect has been discovered.
9.3. If a delivery is defective, PJ Production ApS is entitled to remedy the defect by making a subsequent delivery of the defective goods. If subsequent delivery takes place, the buyer cannot assert further claims against PJ Production ApS. If PJ Production ApS does not make subsequent delivery, and the agreement is terminated due to the defect, the buyer is entitled to a refund of the paid purchase price upon returning the delivered goods to the disposal of PJ Production ApS.
9.4. The above does not entitle the buyer to compensation for operational and profit loss, additional costs, penalties, or any other loss resulting from the defective delivery from PJ Production ApS.
10.1. With approval from PJ Production ApS, goods can be returned subject to a return fee of 15%. PJ Production ApS does not cover the costs associated with returned goods.
10.2. Returned goods must be returned to PJ Production ApS in original and undamaged packaging, properly packed. If the original packaging is damaged or destroyed, it is the buyer's responsibility to ensure and cover the cost of proper packaging and packing.
10.3. If the buyer does not return a delivery in the manner prescribed by PJ Production ApS, and the delivery is damaged as a result, the customer forfeits the right to assert the defect claim.
10.4. The return of a delivery acknowledged by PJ Production ApS as defective is at the expense and risk of PJ Production ApS, provided that the buyer complies with PJ Production ApS' instructions regarding packaging and shipping method. However, PJ Production ApS only covers costs associated with the return of defective goods and packaging if the buyer contacts PJ Production ApS in advance to arrange transportation.
11.1. PJ Production ApS is not liable for damage caused to third parties, real estate, or occurring while the delivery is in the possession of the buyer or resold to third parties.
11.2. If a third party asserts claims for damages against the buyer, the buyer is obligated to immediately provide written notice to PJ Production ApS and to continuously inform PJ Production ApS about the progress of the compensation case.
11.3. If PJ Production ApS is sued by a third party as a result of a product injury, the buyer is obligated to either be sued by the court or to appear before the arbitration tribunal handling the raised compensation claim, or before another court or arbitration tribunal chosen by PJ Production ApS.
11.4. If PJ Production ApS incurs product liability towards a third party, the buyer is obligated to indemnify PJ Production ApS for any compensation claims that exceed PJ Production ApS' liability, as well as for PJ Production ApS' costs associated with this.
12.1. Any disputes shall be settled in accordance with Danish law at the Maritime and Commercial Court in Copenhagen.
12.2. The International Sale of Goods Act No. 733 of December 7, 1989 shall not apply between the parties.
These sales and delivery terms were last revised on April 17, 2024.
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