General Terms and Conditions
1. General Terms
These terms and conditions apply to all offers, sales and deliveries, unless otherwise agreed in writing between the parties.
Radiflex Ltd. reserves the right until the day of delivery to regulate prices proportionately if there are increases in freight, insurance, customs, commodity taxes, exchange rates or other conditions that Radiflex Ltd. has no control over.
See section on Force Majeure.
All offers are non-binding and are subject to prior sale, unless otherwise expressly indicated.Likewise, all offers are subject to typing and writing errors. Offers are valid for a maximum of three (3) months from the submission date of tender, unless otherwise agreed upon in writing.
Partial deliveries cannot be made to the foregoing quotation prices.
All prices are in Danish kroner (DKK) and excluding VAT, unless otherwise indicated.
Orders with a total value of less than DKK 500,00 without freight and other charges, will incur an additional charge of
Upon receipt of a written order confirmation, the purchaser is required to check this thoroughly, including shipment date, quantity, and that the agreement corresponds with the confirmation.
Should the purchaser find that this is not the case, it is his/her responsibility to inform Radiflex Ltd. thereof within 2 days of receipt of the written order confirmation. After this the order is then binding and cancellation can only take place with Radiflex Ltd.'s written approval.
5. Quantity Match
Radiflex Ltd. reserves the right at all times to round off conceded orders to match with standard quantities.
6. Terms of payment
Radiflex Ltd. payment terms are as indicated on the invoice. If payment is not made by the due date, Radiflex Ltd. reserves the right to charge 2% interest per commenced month from the due date until payment is made. The purchaser’s payments are written off first against accrued interest due and costs, then the debt.
The fee for sending the first payment reminder is DKK 125,00 and the second, DKK 250,00
The purchaser is not entitled to offset any counterclaims against Radiflex Ltd., which are not acknowledged in writing by Radiflex Ltd. Furthermore, the purchaser is not entitled to withhold any part of the purchase price because of counterclaims of any kind. If delivery is delayed due to conditions of any kind caused by the purchaser, he/she is obliged to pay Radiflex Ltd., as if delivery had been made on time. Radiflex Ltd. may however waive this condition by written notice.
7. Retention of Title
Radiflex Ltd. reserves the right to ownership of delivered goods until the full purchase price including delivery expenses as well as interest and where applicable recovery costs are paid in full.
Radiflex Ltd. cannot be held responsible for delays in deliveries; however, we will always strive for timely delivery.
Unless otherwise agreed, goods are considered sold ex-Works. The risk is transferred to the purchaser upon delivery of the goods, whether the shipment is with a foreign carrier, delivery, however, by surrender to such carrier, or by surrender to the forwarding agent, whether the mere provision of transport or even administering this.
Delivery is at the purchaser’s expense. If the purchaser does not fulfill the agreement in good time or has otherwise delayed completion of an order, e.g. by addition or change, Radiflex Ltd. is entitled to extend the delivery time. Alternatively Radiflex Ltd. can cancel the agreement at own discretion.
9. Product Information
Product information contained in brochures, data sheets, web pages and other sales material is subject to errors and changes. Any errors and changes cannot be invoked against Radiflex Ltd..
10. Product Changes
Radiflex Ltd. reserves the right without notice to change products or parts thereof, if this is carried out without inconvenience to the purchaser.
11. Limitation of Liability
A claim for compensation against Radiflex Ltd. cannot exceed the invoice amount of the item(s) sold. Radiflex Ltd. is no way responsible for loss of earnings or other indirect or consequential loss.
Unless otherwise specifically agreed, Radiflex Ltd. is not liable for damage to real or personal property, including products made by the purchaser. Radiflex Ltd. is only liable for injury when it is proved that the damage caused by errors or omissions is negligence on the part of Radiflex Ltd. or by a third party that Radiflex Ltd. is responsible for.
12. Product Liability
To the extent not covered under Danish law mandatory rules on product liability, the following restrictions apply: Radiflex Ltd. is only liable for damage caused by Radiflex Ltd. delivered goods to the extent that it can be proved that the damage is caused by the company's fault or negligence, to the extent , Radiflex Ltd. incurs liability to third parties, the purchaser is obliged to keep Radiflex Ltd free from liability to the same extent as limited by the point above.
The purchaser shall immediately upon receipt of the delivery carry out a thorough check, including examination of quality and quantity to ensure that these correspond to prior agreement and the consignment note.
Should this is not be the case; the purchaser is obliged to give written notice thereof to Radiflex Ltd. within 3 days after receipt. If the delivery is not of the agreed quality or quantity, Radiflex Ltd. is entitled to rectify or resupply.
Should the purchaser discover that there is transport damage to the goods or inconsistency between the consignment note indicated quantity and the physical quantity received, the purchaser shall upon on receipt of goods put forward a written claim for damages to the carrier.
If the purchaser wants to put forward notice of a defect, he/she must provide Radiflex Ltd. with immediate notice and state the nature of the defect. If the purchaser has discovered or should have discovered the defect and not complained in good time as stated, the purchaser cannot later make notice of the defect. Changes or alterations to the acquired goods without Radiflex Ltd.'s written consent releases Radiflex Ltd. from any liability. If Radiflex Ltd. so requests, the purchaser must immediately after the claim, return the alleged defective goods to Radiflex Ltd. in original packaging. The return shipment is at the buyer's risk and expense. Radiflex Ltd. reserves the right at any time to receive only the alleged defective part(s).
Radiflex Ltd. reserves the right to test the alleged defective products. If Radiflex Ltd. does not find fault with the goods after test these will be returned to the purchaser. The cost of the test and return shipment is the purchaser’s responsibility.
14. Return Goods
Any return of goods must be made within 8 days from receipt. The return goods must be unused, undamaged or marked, i.e. brand new and re-sellable. Goods can only be returned after prior written agreement with Radiflex Ltd. Custom-made items and non-stock goods cannot be returned.
With goods that are returned due to the purchaser’s oversight, Radiflex Ltd. reserves the right to charge a restocking fee of 25% of the invoice amount to cover administration costs.
If goods are returned without prior written agreement with Radiflex Ltd., these will be sent back to the purchaser at his expense.
15. Transfer of rights and obligations
Radiflex Ltd. is entitled to transfer all rights and obligations to third parties.
Any dispute between Radiflex Ltd. and the purchaser shall be decided under Danish law at either Roskilde City Court or the Danish High Court.
17. Force Majeure
Should delivery be prevented or delayed by an Event of Force Majeure, Radiflex Ltd. is exempt for any liability and reserves the right to fully or partially cancel the agreement or defer delivery beyond that of the fixed date(s) in the contract delivery period. Events under Force Majeure include but are not limited to; Acts of God, labour disputes, vandalism, theft, burglary and other criminal acts war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, embargo, blockades, barriers, weather, political unrest, government intervention of any kind, power or utility failure, or circumstances outside Radiflex Ltd.'s control which affect Radiflex Ltd.'s ability to meet its delivery obligations.