Terms & Conditions of Sale and Delivery for DYNAJET A/S

Read the general terms and conditions that apply to all business conducted with DYNAJET A/S, including delivery, payment and liability.

DYNAJET A/S – International B2B Version

Applicable to sales to business customers in Denmark and abroad, unless otherwise agreed in writing.

1. Scope of Application

These Terms and Conditions of Sale and Delivery apply to all quotations, orders, deliveries, service work and other supplies or services provided by DYNAJET A/S (“DYNAJET”) to business customers.
The customer’s own purchasing, delivery or contractual terms shall apply only if they have been expressly accepted by DYNAJET in writing.
Sales to consumers are not covered by these Terms and Conditions.

2. Quotations and Formation of Contract

Quotations shall remain valid for the period stated in the quotation. If no validity period is stated, the quotation shall remain valid for 30 working days from the date of the quotation.
A contract is formed when DYNAJET confirms the order in writing or starts delivery or performance.
Information concerning dimensions, weight, performance, capacity, images, drawings, technical data and similar information is indicative only, unless expressly stated to be binding.
Any amendments or additions shall be binding only if accepted by DYNAJET in writing.

3. Prices, Currency and Taxes

All prices are exclusive of VAT, duties, packaging, freight, insurance, customs duties, import duties and any other costs, unless otherwise agreed in writing.
Prices shall be stated in the currency specified in the quotation or order confirmation.
The customer shall bear its own bank charges as well as any local fees, taxes, duties and costs in the country of import or destination.
If a delivery may be invoiced without Danish VAT, this is conditional upon the customer providing, in due time, the necessary information and documentation, including a valid VAT number where relevant.

4. Payment

The payment terms shall be as stated in the quotation, order confirmation or invoice. Unless otherwise agreed, payment shall be made in cash net before delivery.
In the event of late payment, DYNAJET may charge interest and fees in accordance with Danish law, including the Danish Interest Act.
In the event of material overdue payment, repeated default or reasonable doubt as to the customer’s ability to pay, DYNAJET may require advance payment, amend credit terms, withhold delivery or terminate the contract in whole or in part.
The customer may set off only claims that have been acknowledged in writing by DYNAJET or have been finally established.

5. Delivery, Incoterms and Transfer of Risk

Delivery shall take place in accordance with the delivery term stated in the quotation or order confirmation.
Where Incoterms are used, Incoterms® 2020 shall apply, unless otherwise agreed in writing.
If no delivery term has been agreed, delivery shall be Ex Works (EXW) DYNAJET’s address or warehouse, Incoterms® 2020.
Risk shall pass to the customer in accordance with the agreed delivery term. If no delivery term has been agreed, risk shall pass when the goods are made available for collection.
DYNAJET may make partial deliveries, unless otherwise agreed in writing.
6. Export, Import and Regulatory Requirements
The customer is responsible for import, customs clearance, local approvals, permits, taxes, duties and compliance with the laws and regulations of the country of destination, unless otherwise agreed in writing.
DYNAJET is responsible for export formalities from Denmark/the EU to the extent required under the agreed delivery term.
The customer shall provide DYNAJET with all information and documents necessary for correct export, transport, invoicing, customs clearance and regulatory reporting.
DYNAJET may refuse or postpone delivery if, in DYNAJET’s assessment, delivery may conflict with export control rules, sanctions or other mandatory rules.

7. Delivery Time, Delay and Force Majeure

Delivery times are indicative only, unless expressly agreed to be binding.
The delivery period shall not commence until all technical, commercial and practical matters have been clarified and the customer has fulfilled its obligations.
DYNAJET shall not be liable for any delay caused by the customer, subcontractors, transport conditions, customs clearance, regulatory matters or other circumstances beyond DYNAJET’s reasonable control.
In the event of force majeure, the delivery period shall be extended. Force majeure includes, but is not limited to, fire, war, strike, lockout, government orders, sanctions, transport disruptions, energy shortages, IT failures, supplier failure and similar circumstances.

8. Complaints and Defects

The customer shall inspect the delivery immediately upon receipt and shall notify DYNAJET in writing of any complaint without undue delay.
In the event of a justified complaint, DYNAJET may, at its option, remedy the defect, make a replacement delivery or credit the customer in whole or in part.
Warranty and defect liability shall not cover ordinary wear and tear, wearing parts, incorrect use, lack of maintenance, incorrect installation, unsuitable operating conditions or modifications/repairs made without DYNAJET’s written approval.
Any return of goods may take place only with DYNAJET’s prior written approval and in accordance with DYNAJET’s instructions.

9. Liability

DYNAJET shall not be liable for indirect losses, operating losses, loss of profit, production losses, loss of data, losses resulting from delayed import/customs clearance or any other consequential losses.
DYNAJET’s aggregate liability shall be limited to the invoice amount to which the claim relates, unless otherwise required by mandatory Danish law.
The limitations of liability shall not apply in cases of wilful misconduct or gross negligence.

10. Cancellation and Returns

The customer may cancel an order or return goods only with DYNAJET’s prior written approval.
DYNAJET may make such approval conditional upon payment of costs already incurred specially manufactured goods and a reasonable cancellation or handling fee.

11. Retention of Title

DYNAJET retains title to delivered goods until full payment has been received, to the extent such retention of title may validly be maintained under Danish law and any relevant local law.

12. Intellectual Property Rights and Software

Drawings, technical material, software, know-how, calculations, quotation material and other materials belong to DYNAJET or DYNAJET’s licensors.
Such material may not be copied, showed or used for any purpose other than performance of the contract without DYNAJET’s written approval.
Software may be used only by the agreed licence terms and only for the equipment or purpose for which it was supplied.
The customer warrants that any material, specifications or instructions provided by the customer do not infringe the rights of any third party.

13. Governing Law, CISG and Disputes

The contract and these Terms and Conditions shall be governed by Danish law.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
The parties shall first seek to resolve any dispute amicably.
If a dispute cannot be resolved amicably, it shall be finally settled by arbitration administered by the Danish Institute of Arbitration in Copenhagen by the rules of the Danish Institute of Arbitration in force at the time. The seat of arbitration shall be Copenhagen, Denmark.

DYNAJET A/S
Oestre Industrivej 4C
DK-6731 Tjaereborg
Denmark

USt-IdNr. DK45614417

Tel. +45 3111 0102