Home >> About Centex >> Terms and conditions
Terms and conditions |
|
"Terms and conditions of sale and delivery" is an English translation of "Salg- og leveringsbetingelser". In case of discrepancy, the Danish version prevails.
Responsibility to the customer
Centex LLC cannot be held responsible for loss as a consequence of indirect damage and consequential damage, including loss of expected margin, loss of data or their restoration, loss of goodwill, technical failure, unauthorized access, incorrect installation of networks or other similar consequential damages, in connection with use of the system. Centex LLC cannot be held responsible for loss as a consequence of missing functions in the system, no matter whether Centex LLC has been informed about the risk of such a loss and no matter whether Centex LLC can be blamed for negligence or the like.
Centex LLC strives to make sure the systems are available 24 hours a day, all year round. However, Centex LLC is entitled to interrupt the service when maintenance or other technical circumstances make it necessary.
Centex LLC is not responsible for loss due to force majeure, including legal regulations, measures taken by the authorities and the like, failing power supply, failing telecommunication, fire, damage caused by smoke, explosion, water damage, vandalism, forced entry, terror or sabotage, strike, lockout, boycott or blockade. This applies even if Centex LLC is part of the conflict and even if the conflict only affects parts of Centex LLC's functions.
It is the customer own responsibility to make sure that the data stored on the system supplied by Centex LLC complies with local and international law and follows the written and the unwritten ethical rules regarding data. Centex LLC disclaims any responsibility for loss of data, lost earnings or any other form of direct/indirect loss. This applies regardless whether the loss is due to system failure, unauthorized access, lacking delivery of ordered services/products or other circumstances at Centex LLC.
Centex LLC cannot be held responsible for incorrect configuration of for example websites, networks, external DNS, mail programs or programs downloaded from the internet including damage caused by using the customer's software.
Virus Centex LLC is not liable for any damage caused by virus infections. The customer is solely responsible for having the necessary antivirus software installed.
In general Unless otherwise agreed in writing between the parties, the following conditions apply. The conditions are subject to printing errors, price or exchange rate changes and changes to the product specifications.
Offers, advertisement etc. All information related to data, offers and brochures is approximate and is only binding on the vendor if there is a written agreement. The offer is only binding on the vendor for 14 days.
Price All information related to data, offers and brochures is approximate and is only binding on the vendor if there is a written agreement. The offer is only binding on the vendor for 14 days.
Payment All payments are due seven days net cash unless otherwise agreed explicitly. If payments are not made in due time, the fraction of the purchase price not paid will be charged an interest based on the official discount rate (in Denmark) plus 5% p.a. The buyer does not have the right to withhold payments or effect a set-off.
Delivery If there is considerable delay and the vendor is aware of this, the vendor will notify the buyer about the delay if possible, but the vendor cannot be held to account for the delay. Components from suppliers may be delayed and therefore the delivery time stated by the vendor is an approximate delivery time.
Transportation Without prior instruction means of transport and route is chosen based on a qualified estimate.
Return Goods may only be returned if they have faults or deficiencies and only by prior arrangement. Reference must be made to return number/invoice number. When crediting returned goods, costs incurred are deducted, minimum 10%. The vendor gives an eight day right of return from the date of the invoice. However, the vendor is entitled to charge 10% of the invoice amount on return goods, on modification or annulment. Annulment or reduction of the order may only take place if approved by the vendor. It is required that goods are returned in original packaging.
Annulment Annulment of orders on specifically measured and selected products is not accepted.
Annulment of orders is only done by exemption per agreement and will entail an annulment fee. Annulment up to two months before delivery will entail an annulment fee of 10% of the purchase price. Annulment up to fourteen days before delivery will entail an annulment fee of 25% and annulment up to the actual delivery will entail an annulment fee of 50%. Furthermore, annulments of orders which have been placed at the vendor's supplier are conditional on the supplier's acceptance.
Software cannot be returned.
Installation/use If the buyer would like instruction on how to use the equipment and software, this can be arranged as consultancy support. This is paid per time spend.
Complaints Immediately after receiving the order and before using and processing the received items, the buyer must examine the delivery to make sure nothing is missing. Complaints about inadequacies found or which should have been found during such an examination must be made immediately and no later than eight days from the date of delivery. If the complaint is not made within the specified time limit, the buyer forfeits the right to remedies for breach of contract.
Right to complain The vendor does not assume the liability to compensate for direct or indirect loss, including consequential loss and lost earnings inflicted on the buyer due to material defects, hardware and software defects or damage to/loss of data and/or programs. The buyer is given equal rights to complain as the vendor is given by the supplier. The vendor does not give any additional right to complain, unless it is agreed upon in writing.
Proprietary rights The product (including accessories) is sold with retention of title and is the vendor's property until the buyer has paid the full price including interest and charges as well as possible expenses related to the sold product which may have been defrayed by the vendor on behalf of the buyer.
Delivery time and force majeure Any accepted order is subject to force majeure, including war, civil riots, natural disasters, strikes and lockouts, failing supply of raw materials, fire, damage to the vendor's or the vendor's supplier's production system, failing transportation options, import/export bans or other events preventing or reducing the vendor's or the vendor's supplier's ability to deliver.
In the event of force majeure the vendor can either choose to cancel the contract or parts of it or the vendor can choose to deliver the product as agreed as soon as complications preventing delivery are no longer present. In the event of force majeure the vendor cannot be held liable for any loss which the buyer experiences as a consequence of lacking delivery.
Venue and applicable law Possible disputes are settled in accordance with Danish law and following the vendor's choice any court case can be tried at the court in Esbjerg/High Court of Western Denmark. Arbitration may be arranged.
Service contract between Centex LLC and the customer If nothing else prevails, the following applies:
|
