Terms of sale and delivery GMF A/S
§ 1 – Area of application
1.1. All agreements entered into between GMF A/S (hereinafter GMF) and the customer
(hereinafter Customer) shall be subject to these business terms. These business terms
thereby form an integral part of the basis for the agreement and are binding for both
parties.
1.2. Any departure from the business terms must be formulated in writing and accepted in
writing by both parties.
1.3. The Customer’s own sales and delivery terms shall only apply if GMF has notified the
Customer of its acknowledgement and acceptance of the terms.
1.4. In case of discrepancy between the order confirmation and the Customer’s order or
acceptance, the order confirmation shall take precedence.
1.5. In the event that any of the terms in these terms of sale and delivery are invalid, only
that specific term shall become void. The invalid term shall then be replaced by a new
term, which shall be formulated in keeping with the objective of the invalid term.
§ 2 – Payment
2.1. All prices quoted in price quotations and order confirmations shall be expressed in
DKK/EURO, exclusive of VAT and inclusive of any other applicable value added charges.
2.2. GMF’s invoice shall fall due for payment 30 days after the invoice date, unless agreed
otherwise and confirmed in writing by both parties.
2.3. In the event of overdue payment, two per cent interest per started month shall be
added to the overdue amount.
2.4. GMF is entitled to charge reminder fees of DKK 250 if the Customer fails to pay in
accordance with the established payment guidelines.
2.5. GMF’s services shall be invoiced according to the rates and fees in effect at any given
time.
2.6. GMF reserves the right to adjust prices as a result of changes in taxes, fees, shipping
prices, tariff rates, currency rates, insurance terms, price increases, wages, subcontractor
prices, changes in the prices of material and similar circumstances arising after signature
of the agreement.
2.7. The Customer is not entitled to deduct any counterclaims against GMF that have not
been acknowledged and confirmed in writing by GMF.
2.8. The Customer may not withhold any part of the purchase sum because of
counterclaims of any kind against GMF.
2.9. The Customer is not entitled to withhold or refuse to pay any part of the purchase
sum as a result of the Customer’s claim regarding a flaw.
2.10. If the Customer has not accepted the offer put forward by GMF within 7 days of
issuance, the offer shall become void.
2.11. All prices indicated on the website and the like are for information only, and GMF
shall not be held liable for any changes or errors in these prices.
2.12. GMF retains ownership of the goods until full and final payment has been made.
§ 3 – Delivery
3.1. Delivery shall be Ex Works Gelsted, Hylkedamvej 70, 5591 Gelsted, unless otherwise
agreed in writing and confirmed by both parties.
3.2. All risk shall be transferred to Customer upon delivery.
3.3. If the Customer fails to collect the goods on time, GMF shall store the goods at the
Customer’s own expense and risk.
§ 4 – Liability for defects or faults
4.1. Any defects or faults revealed by the Customer shall not entitle the Customer to any
price reduction or to cancel the agreement with GMF.
4.2. GMF must remedy the problem as quickly as possible by either replacing the product
or crediting the Customer, as it chooses. The deadline for remedial measures shall depend
on the nature of the defect, as well as other circumstances.
4.3. GMF shall not be liable for operating losses, loss of profits, loss of goodwill or other
indirect losses.
§ 5 – Claims
5.1. If the Customer should wish to make a defect or noncompliance claim to GMF, as
mentioned in clause 3, the Customer must make the claim immediately and within 8 days
of collection Ex Works Gelsted.
5.2. The claim must be in writing and contain a detailed account of the errors claimed.
§ 6 – Returns
6.1. Returned goods shall only be accepted subject to prior written agreement between the parties and providing that the product is unused and in clean condition.
§ 7 – Product liability
7.1. GMF shall not be liable for operating losses, loss of profits, loss of goodwill or other
indirect losses resulting from damage to the product.
§ 8 – Law and venue
8.1. Any dispute arising between GMF and the Customer shall be settled according to
Danish law, with Odense District Court as the venue.