The following terms of sale and delivery apply to all offers, sales and deliveries, unless otherwise agreed in writing. The conditions apply regardless of the customer’s own purchasing conditions, if any.
The purchase agreement is otherwise subject to the general rules of the Danish Sale of Goods Act, to the extent that these rules have not been deviated from in these terms of sale and delivery. In the case of a consumer relationship, only the rules of the Danish Sale of Goods Act apply
The offers are valid for 20 days.
All offers are subject to delivery time and intermediate sales
All information about weight, dimensions, quality as well as technical descriptions and data appearing in catalogues etc. is only binding to the extent that they are expressly included in the agreement.
Offers and related documentation may not be presented to third parties. In this case, the offer lapses.
An order is only binding when the customer has received a written order confirmation and accepted it.
Modification, cancellation or cancellation of an order, in whole or in part, by the Customer can only be made with EasyWagon’s prior written consent.
EasyWagon reserves the right, without prior notification, to make minor changes in construction, components, etc. that do not significantly change the functionality, appearance and intended use of the product. The changes do not give the buyer the right to cancel the purchase or entitle him to compensation
All prices are in Danish kroner, excluding VAT and shipping.
Changes to the price list may be made without notice.
Payment must reach EasyWagon no later than the date indicated by the invoice as the latest day of payment.
EasyWagon reserves the right to change the payment terms in the event that the buyer’s ability to pay is impaired. If delivery is postponed due to the buyer’s circumstances (creditor default), the buyer is nevertheless obliged to make the payment to EasyWagon as if the delivery had been made at the agreed time.
EasyWagon may require security at any time after the conclusion of the contract.
If payment is made after the due date, EasyWagon is entitled to charge 2% interest per commenced month from the date of delivery.
The buyer is not entitled to make any other claim against EasyWagon due to delay, including claims for compensation due to any delay. EasyWagon is thus under no circumstances liable for operational, time, profit, lost profits or other indirect losses, e.g. daily fines paid as a result of delay or of found defects.
In case of force majeure, EasyWagon is relieved of its obligations as long as the force majeure situation persists. Force majeure occurs if EastWagon or EasyWagon’s subcontractors are prevented from fulfilling agreements governed by these terms of sale and delivery as a result of events such as war, civil war, rebellion, acts of terrorism, government restrictions, import or export bans, natural disasters of any kind as well as widespread or local labor disputes, fire, power failure, computer viruses or the like unless it can be shown that EasyWagon should reasonably have foreseen this at the time of conclusion of the agreement.
The buyer is not entitled to set off against any counterclaims on EasyWagon and is not entitled to withhold any part of the purchase price. EasyWagon retains ownership until full payment has been made.
Delivery takes place from EasyWagon’s address Nordensvej 1, 7000 Fredericia.
The delivery time is determined at EasyWagon’s best discretion in accordance with the conditions prevailing at the time of conclusion of the offer/agreement.
If EasyWagon learns that a stated delivery time cannot be met due to circumstances that occur after the conclusion of the agreement and beyond EasyWagon’s control, e.g. but not limited to, strike, lockout, fire, lack of means of transport, war, currency restriction, ban on import/export, failure to supply from subcontractors, etc., then the supplier obligation will be suspended for the period of time the obstacle goods and EasyWagon is entitled to postpone delivery and obliged to notify the customer of the changed delivery time.
A claim for damages against EasyWagon cannot exceed the invoice amount for the item sold.
EasyWagon is not liable for operating losses, loss of profits, lost earnings or other indirect or consequential damages, including liquidated damages etc., regardless of whether such damages are suffered by the customer or third parties, as a result of defective delivery.
EasyWagon provides a 12-month warranty from the date of delivery. EasyWagon cannot be held liable for damage to goods caused by weather, incorrect operation, overload or lack of maintenance.
The buyer/pick-up of the goods must immediately upon delivery ensure that the delivered goods are as agreed and that the goods are in full and undamaged condition.
Upon the Buyer’s determination of defects, the Buyer must immediately describe and specify in writing to EasyWagon the defect claimed. Each complaint about defects that have been or should have been discovered during the Buyer’s inspection of the purchased must be received by EasyWagon no later than 3 working days after the defect has been or should have been discovered.
EasyWagon reserves the right to invoice the Buyer for costs in the event of an unjustified complaint.
If defects are identified that can be claimed against EasyWagon, EasyWagon is entitled to remedy the defect or to give the Buyer a proportionate reduction in the agreed purchase price. The buyer is hereby fully and definitively satisfied of any claim arising from the defect.
Rectification of justified complaints takes place unless otherwise agreed with EasyWagon. The fact that EasyWagon may enter into negotiations with the Buyer about an amicable solution to a complaint does not mean that EasyWagon cannot subsequently invoke the limitations of complaint and liability in these terms of sale and delivery.
In any dispute that is not resolved amicably between EasyWagon and the buyer, the district court in Kolding will be used.