Terms and conditions
- How to use
These terms and conditions apply to any trade between the customer and JAS. Any deviations from these terms of sale and delivery must be made by a separate written agreement between the parties. JAS’s product is delivered as a commercial purchase and the customer acknowledges that they are acting in the course of business.
Drawings, estimate prices and comparable data remain the property of JAS. The Customer may not, without JAS’ consent, make this material available to third parties.
Prices are always quoted excl. Moms. Unless otherwise stated, prices are quoted in Danish kroner (DKK). Prices for goods that are not to be delivered immediately are agreed subject to the condition that there are no changes in public expenditure, exchange rates, customs tariffs or similar prior to delivery. If such changes have taken place and one of the parties suffers loss or gains as a result, prices shall be adjusted to compensate for this.
Delivery takes place according to Incoterms 2000 EXW – Ex Works Kibæk, unless otherwise agreed. The customer cannot make any claim for compensation for any delayed delivery. JAS ships goods in the best, cheapest and most secure way. If another form of distribution is chosen, it is at the customer’s own expense, administration and risk.
Terms of payment and interest
The agreed purchase price shall be paid in accordance with JAS’s terms of payment. When entering into an agreement/order, the Customer has, as a starting point, 14 days net from the invoice date or net cash, at JAS’s option. Any deviations from the payment terms must be made by separate written agreement between the parties. If payment is made after the due date, interest is calculated at 2% per month or part thereof, with interest calculated from the due date.
Retention of title
Title to the goods sold shall remain with JAS or the party to whom JAS has assigned its rights/claims until the entire purchase price with interest, costs and any delivery etc. has been paid in full.
Returns of goods
As a rule, JAS does not accept returns of custom-made goods. This may be deviated from by prior agreement with the customer. In these special situations, the customer is responsible for returning the goods sold at their own expense and risk.
- Product responsibility
JAS is only liable for personal injury if it is proven that the injury is due to errors or negligence by JAS or others for whom JAS is responsible. Compensation for personal injury can never exceed the level of compensation applicable under Danish law at any given time.
- JAS is not liable for damage caused by the goods sold:-On real estate or movable property that occurs while the sold goods are in the customer’s possession.
-for products manufactured by the customer or products in which these are included or for damage to real estate or movable property caused by these products as a result of what is sold.
In no event shall JAS be liable for operating losses, lost profits or other indirect losses. The Customer shall indemnify JAS to the extent that JAS is held liable to third parties for such damage and for such loss for which JAS is not liable to the Customer under this provision. If a third party makes a claim against one of the parties for compensation under this provision, that party shall immediately inform the other party thereof. JAS and the Customer are mutually obliged to allow themselves to be sued before the court or arbitration tribunal that hears claims for damages raised against either of them on the basis of damage or loss allegedly caused by the goods sold. However, any disputes between JAS and the Customer shall always be settled at the place of jurisdiction in accordance with these terms and conditions.
- Freedom from liability
JAS shall not be liable for delays in delivery or non-fulfillment if it is proved that the delay or non-fulfillment is due to war, riots, civil unrest, government intervention, blockade, intervention by local authorities, seizure, fire, natural disasters, strike, lockout, export or import bans, interruptions of general traffic, epidemic, pandemic, defective or delayed delivery from a subcontractor or otherwise causes beyond JAS’s control and which are likely to delay or prevent the manufacture and delivery of the goods sold, if, at JAS’s discretion, there is an impediment to delivery of the above type, the delivery time shall be postponed by a time interval corresponding to the duration of the impediment to delivery.
- Place of jurisdiction and choice of law
Any dispute between the parties shall be settled by the ordinary courts in Denmark and by the application of Danish law, with the exception of the choice of law rule in the International Sale of Goods Act (CISG).
Version 1.1 Kibæk September 2023