Standard terms regarding sales contract
Delivery takes place and risk is transferred to the buyer in accordance with the terms of delivery stated in the order confirmation/sales contract from Nordic Computer.
If NC offers to help the customer arrange delivery of the equipment – this takes place at the buyer’s risk. However, NC will do this with the utmost care.
The buyer is responsible for putting the equipment into operation and defrays all expenses connected with this, and is also responsible for all necessary maintenance after delivery.
Retention of title
NC retains the legal title to the goods, until payment has taken place.
If the delivery time is exceeded by more than 30 days, the buyer shall be entitled to annul the purchase, unless it is a case of force majeure. In case of such a delay, the buyer may demand compensation for any loss incurred, if the buyer can document that NC is responsible for a situation that has been caused by gross negligence on the part of NC.
NC’s liability for the loss incurred by the buyer due to a delay or lacking delivery shall never exceed 10% of the purchase price.
For a period of 12 consecutive months after delivery has taken place, NC undertakes to carry out either replacement or repair, of NC’s own choosing, if the equipment sold is defective.
This remedy does not include cases where the defect is caused by insufficient maintenance, lacking compliance with instructions for use, incorrect or inappropriate use, more intensive use of the equipment than what is considered to have been assumed when entering into the agreement, any changes or technical work carried out without written consent from NC or extraordinary climatic influences.
After the risk associated with the purchased equipment has been transferred to the buyer, NC shall not be held liable for any defects, apart from the obligations stated in this stipulation. Thus, the buyer shall not be entitled to annul the purchase, demand compensation or claim any remedy for breach of contract.
NC explicitly disclaims any liability for any indirect loss, such as operating loss, time loss, loss of profits or the like which the defect may have inflicted on the buyer.
The buyer is obligated to examine the goods immediately upon receipt, and complaints must be made in writing within 7 days from receipt of the goods.
After this time, the buyer can only claim defects that would not have been found during such an examination. A complaint must be made in writing without undue delay after the defect has been found.
The following circumstances result in freedom from responsibility, if they occur after entering into the agreement and prevent fulfilment:
Labour disputes, strikes, lockout and any other circumstance that the parties have had no control over, such as fire, war, mobilisation, unforeseen military call-ups, acts of sabotage, requisitions, confiscation, currency restrictions, import prohibitions, export prohibitions, rebellion, riot, lack of operating equipment, general scarcity of goods, restrictions on fuel and deficiencies in deliveries from subcontractors or delay of such deliveries caused by any of the circumstances mentioned in this section.
NC is entitled to annul the agreement through written communication to the buyer if fulfilment of the agreement within a reasonable time frame will be impossible due to any of the circumstances mentioned in this section.
If a delivery from NC causes injury, NC is liable towards the buyer for any personal injury, if it can be documented that the injury has been caused by an error or neglect on the part of NC.
NC shall not be held liable towards the buyer for damage to movables or property, and furthermore, NC shall not be held liable for operating loss, lost earnings or any other indirect or derived loss.
To the extent that NC is held liable towards a third party according to the regulations regarding product liability or according to common regulations regarding damages, the buyer shall be obligated to hold NC indemnified to the extent that such liability goes beyond established limits. The buyer shall be obligated to have action brought against themselves at the same court that handles the claims for damages against NC in connection with damage that is claimed to be caused by a defect in a delivery form NC.
NC guarantees that the delivered equipment is sold free from any charge or encumbrance.
The equipment is delivered as found with an MSQ letter in accordance with the rules of the manufacturer.
Settlement of disputes
In case of sale to customers in Denmark, any dispute between the parties shall be settled by the court of law in Aalborg, regardless of whether the case should be brought before the Danish High Court due to its nature.
In case of sale to foreign customers, any dispute shall be settled according to Danish law by the Maritime and Commercial Court in Copenhagen.