General sales and delivery conditions for companies, institutions and clubs etc. These terms and conditions of sale and delivery apply to the extent that they are not deviated from by other written agreement.
1. Purchase from Euro Gymnastic Equipment ApS, order confirmation
An order is only binding when it has been approved by Euro Gymnastic Equipment ApS.
Euro Gymnastic Equipment ApS reserves the right to make changes to the delivery up to the time of delivery, but Euro Gymnastic Equipment ApS in that case guarantees at least equivalent functionality and performance.
The buyer can only rely on the terms stated in the individual agreement. Information that Euro Gymnastic Equipment ApS has provided orally, on the internet, in brochures etc. is thus irrelevant for the assessment of the delivery.
2. Prices, etc.
Unless otherwise agreed in writing, the prices are the prices valid on the day of delivery. We reserve the right to price changes and errors.
Euro Gymnastic Equipment ApS reserves the right to change prices in the future without prior notice.
Reservations are made for out-of-stock items and delays on the part of our suppliers. Reservations are also made for color and design changes, etc. from our suppliers.
Euro Gymnastic Equipment ApS is not responsible for any loss – either direct or indirect – that the Buyer may suffer due to a delayed or missing delivery.
3. Freight, insurance etc.
The listed prices are exclusive of costs for freight, shipping, insurance.
Delivery of goods purchased from Euro Gymnastic Equipment ApS takes place upon delivery for dispatch. Shipping is done with recognized carriers.
4. Payment and retention of title
Euro Gymnastic Equipment ApS’ payment terms are 14 days net cash, unless otherwise agreed.
If the buyer does not pay in time, and the delay is not due to Euro Gymnastic Equipment ApS’s circumstances, Euro Gymnastic Equipment ApS is entitled to calculate default interest from the due date at an interest rate equal to 2% per month begun and to collect payment for all invoiced and delivered goods regardless of previously agreed credit terms.
When sending reminder letters, a fee of DKK 100.00 per letter.
Failure to pay after the set due date may also result in the case being transferred to debt collection without further notice, whereby additional recovery costs may be incurred.
Euro Gymnastic Equipment ApS retains ownership of the sold item until the entire purchase price has been paid plus interest and costs as well as any expenses relating to the sold item which must have been incurred by Euro Gymnastic Equipment ApS on behalf of the Buyer.
Until ownership has passed to the Buyer, the products must be insured by the Buyer and stored separately. The buyer undertakes not to, without Euro Gymnastic Equipment ApS’s consent, move, pledge, rent, lend or in any other way dispose of the sold item until ownership has been transferred to the buyer. The buyer may not make any changes to the delivered item either.
Euro Gymnastic Equipment ApS undertakes, in accordance with the Purchase Act, for a period of 24 consecutive months after delivery has taken place, without undue delay, to carry out redelivery or repair at its own discretion, when there are defects in the delivery which are due to construction, material or manufacture.
The remedy does not include such cases where defects are due to the delivery not having been assembled and/or used in accordance with regulations, incorrect or inappropriate use, changes or technical interventions made without Euro Gymnastic Equipment ApS’s written consent, or extraordinary climatic influences.
Wearing parts are not covered by the remedy right/obligation. Costs for assembly and disassembly are not covered by the remedy right/duty, which is why the buyer can only demand remedy or redelivery.
If the buyer wishes to complain about any defects, a written complaint must be made without undue delay after the defect has been established.
After Euro Gymnastic Equipment ApS has received a complaint about a defect which is considered to be covered by this provision, Euro Gymnastic Equipment ApS will remedy the defect without delay.
If Euro Gymnastic Equipment ApS receives defective deliveries or parts returned for redelivery or repair, the buyer must, unless otherwise agreed, bear the costs and risk of the transport.
When deliveries or parts are sent to the buyer in the form of redelivery or as repaired parts, the transport takes place at the buyer’s expense and risk.
Defective parts that have been replaced in accordance with the above must be placed at Euro Gymnastic Equipment ApS’ disposal.
Euro Gymnastic Equipment ApS grants the right of remedy for parts of the delivery that have been replaced or repaired, on the same terms and under the same conditions as for the original delivery.
6. Product liability
Euro Gymnastic Equipment ApS is not responsible for any loss – either direct or indirect – that the Buyer may suffer due to product liability, unless such liability is provided in a non-derogable legal provision.
Upon receipt of the goods, the buyer has a duty to investigate and must advertise within 8 days if defects are found, otherwise the buyer loses his rights. If it is a hidden defect, however, complaints must be made within two years.
8. During assembly and construction work
A. Euro Gymnastic Equipment ApS’ obligations
Euro Gymnastic Equipment ApS manages the set-up and take-down of its own part of the construction site if nothing else is mentioned in the offer.
Euro Gymnastic Equipment ApS only manages the assembly of the product purchased from Euro Gymnastic Equipment ApS.
B. Buyer’s Obligations
B.1. Preparation of the construction site
All preliminary work, such as examination and preparation of soil conditions, examination and protection of cables and pipes in the ground as well as obtaining relevant permits for the agreed works, is carried out by the Buyer before Euro Gymnastic Equipment ApS begins the contract.
It is the Buyer’s responsibility that the construction site, including soil conditions, are suitable for the agreed contract – Euro Gymnastic Equipment ApS reserves the right to price changes to the extent that special measures have to be carried out regarding foundation, stabilization due to soil conditions.
Euro Gymnastic Equipment ApS cannot be held liable for damages and delays that occur as a result of the Buyer’s failure to examine and prepare the construction site.
B.2. Access to the construction site etc.
The buyer ensures that Euro Gymnastic Equipment ApS’ employees or its subcontractors have unimpeded access to the construction site.
The buyer ensures roadworthy and good access conditions to the workplace.
The buyer ensures that there is free access to building current 380V/32A with 0 and 3 phases in an approved installation.
In the event of assembly running over several days, the Buyer provides free access to welfare conditions and shed conditions for Euro Gymnastic Equipment ApS’ employees or its possible subcontractors.
B.3. Clean-up at the construction site
The buyer is responsible for cleaning up the construction site after the assembly is completed.
The buyer arranges for free removal of construction waste, excavated soil and packaging.
9. Freedom from liability – force majeure
The following circumstances lead to freedom from liability when they occur after the conclusion of the agreement and prevent its fulfillment:
Labor disputes, strikes, lock-out and any other circumstance beyond the control of the parties, such as fire, war, unforeseen military calls-up of a similar scale, acts of sabotage, seizure, currency restrictions, riots and disturbances, lack of means of transport, general scarcity of goods, restrictions on means of motive power , epidemics and shortages in deliveries from subcontractors, or delay in such deliveries due to any of the circumstances mentioned in this clause.
The party that wishes to invoke any of the circumstances mentioned must, without undue delay, notify the other party in writing of the occurrence and termination of the event.
Both parties are entitled, by written notice to the other, to terminate the agreement when its fulfillment within a reasonable time becomes impossible due to any of the circumstances mentioned in this point.
10. Choice of law and venue
All possible disputes must be resolved by mediation. If this is not possible, any case must be submitted and decided by a court in Denmark.