Terms of sale and delivery

1. Terms of delivery

Delivery made in accordance with Incoterms 2010 EXW (Ex Works)

At delivery, the customer must accept a variation in the quantity supplied of +/- 10% of the order.

If packaging has been agreed, this will be invoiced separately.

2. Terms of payment

Payment in Danish Kroner (DKK), unless otherwise agreed in writing.

Net cash, unless otherwise agreed. If payment is not received by due date, an interest rate of 2 % per current month plus an administration fee of 450.- DKK. will be applied

3. Ownership reservation and right of retention

NFI retains ownership of the supplied items, until the full purchase amount incl. interests have been paid.

4. Warranty

All responsibility for the items is transferred to the buyer at the moment of delivery. Claims regarding the product must be forwarded in writing to NFI as quickly as possible, and at the latest 8 days after delivery. If NFI has not received the claim within this specified time limit, the buyer loses the right to raise any quality or quantity claims

NFI is entitled and obligated to rectify any defects. NFI decides whether the remedy will be done by repair or exchange of the defective item(s) or through replacement delivery. 

The NFI responsibility only covers defects that appear within one year from the delivery date of the item in question.

NFI assumes - apart from the above specified - no liability for defects. This includes any losses caused by the defect, including consequential loss, lost earnings or other consequential financial losses. 

5. Prices

NFI`s rates are based on the current external costs at the time of the quotation. Consequently NFI reserves the right to adjust the unit price, in case of external alteration of prices of more than ±10% of the items in question.

Quotations are valid for a period of 3 months.

6. Warranty

Provided that NFI assumes the warranty, this will cover failures and defects of materials and production. The NFI assumed warranty does not include failures and defects caused by lack of maintenance, incorrect fitting, amendments made by the buyer or misuse of the product. The warranty does not include normal wear and tear. The NFI warranty cover is subject to the customer showing documentation that the failure or defect is not caused by any of the above-mentioned areas, which are not covered by the warranty.    .

The customer must notify NFI in writing about any product failures or defects within 8 days after the failure or defect is or should be registered. If the customer does not notify NFI before this deadline and before expiry of the warranty period, the customer loses the right to claim any failure or defect.

NFI is entitled and obligated to rectify any defects that are covered by the NFI warranty. NFI decides whether the solution will be achieved by repair or exchange of the defective item(s) or through replacement delivery. in accordance with the terms indicated in paragraph 4. 

NFI assumes no further responsibility for these defects, including any losses caused by the defect e.g. consequential loss, lost earnings or other consequential financial losses.

7. Product liability

NFI cannot be held liable to third parties for damages or losses, as described in this paragraph, where NFI is not liable to the buyer.

NFI is not responsible for damages caused by the product:

1. on movable or immovable property, which occur while the item is in the buyers possession
2. on products manufactured by the buyer, or products where the items are included or damages on immovable or movable property caused by these products.  

NFI is under no circumstances responsible for loss of profits or earnings, or any other financial consequential loss.

If a third party presents a claim against one of the parties regarding liability for this issue, this party must immediately inform the other. 

NFI and buyer are mutually obliged to accept proceedings at the court or arbitral tribunal that handles claims raised against one of them on the basis of a failure or loss, allegedly caused by the product. The mutual relationship between the buyer and NFI must always be determined by the chosen jurisdiction in accordance with the present terms of sale and delivery.

7. Delay

In case of a delay, the buyer must be notified. The buyer obtains no rights other than the option to cancel the agreement. The right to cancel the agreement is only valid, if the delay is essential to the buyer and is caused by NFI  In this case the buyer must – after the date the delivery should have taken place – forward a written request to NFI for delivery within 3 weeks. If the delivery has not taken place before the 3-week deadline, the buyer may cancel the purchase.

8. Insurance, storage and maintenance of buyer’s equipment.

The buyer is obligated to take out insurance for the equipment held by NFI. The insurance must cover fire, theft, vandalism and accidental destruction.

When equipment is held by NFI, the company is obligated to properly store and maintain the buyer’s equipment.

Documents are archived for 5 years, at least, unless otherwise agreed.

9. Disclaimer and force majeure

The following conditions relieve NFI for liability, if these conditions occur after the conclusion of the agreement, and these conditions release NFI from fulfilling the agreement:

Strike, lockout, business disruptions, late delivery from suppliers and similar cases that delay the time of delivery, such as war, civil unrest, natural disaster and other events that are beyond the control of the involved parties, e.g. lack of raw materials, confiscation, currency restrictions or interventions from the authorities entitles NFI to fully or partially cancel any offer or standing orders. The party claiming the for­ce majeure must notify the other through express mail/fax no later than 14 days after the for­ce majeure occurred. 

10. Disputes

Any disputes among the parties must be settled according to Danish Court. If possible the Danish Institute of Arbitration in Copenhagen should resolve any dispute. However NFI may choose to bring the proceedings before the ordinary courts.