These general terms and conditions (hereinafter referred to as the Terms and Conditions) determine the detailed terms for AI Power (hereinafter referred to as "Seller") delivery of goods to a consumer (hereinafter referred to as Buyer) as described in the agreement entered into between Buyer and Seller ( hereinafter referred to as the "Agreement").
To the extent that nothing else has been agreed in writing, the general terms and conditions specified below apply and take precedence over any general terms and conditions of the Buyer.
Scope of services
The seller's performance consists in the delivery of goods. The detailed design, scope, and time of delivery are described in the concluded purchase agreement/email or other correspondence.
Conclusion of agreement
Final Purchase Agreement is deemed concluded when the Buyer has signed the purchase agreement/confirmed email or confirmed other correspondence.
The seller disclaims all responsibility for any errors and information in material created by third parties. This applies to any kind of sales material, descriptions, user instructions, content on other websites, etc.
Cancellation and change of orders
After placing an order, the buyer does not have the right to change it or cancel it.
If, despite the above, the Seller separately approves a cancellation or change, the Buyer is obliged to pay the costs associated with the cancellation or change, including costs for storage, and ensuring quality and properties as well as interest, because of the delayed delivery time. In the event of full or partial cancellation, the Buyer is also obliged to compensate the Seller's lost profit.
Return goods and returnable packaging
Goods cannot be returned.
If, despite the above, it is agreed that the Seller takes goods back, the goods must be unused, in perfect condition, and in original and unbroken packaging. The goods must be clean. However, goods that have been specially produced and/or taken home to the Buyer will never be returned.
Approved returned goods are credited with deduction of the fee set by the Seller to cover return costs and the Seller's selling costs.
Returnable packaging is credited for free delivery in undamaged condition within 3 months of the Seller's delivery. Crediting is done with a deduction to cover wear and tear, handling, and shipping costs, etc.
Prices and invoicing
The agreed price for the ordered goods appears in the documentation sent by the Seller.
The Seller is entitled to invoice the Buyer for payment for goods, prior to delivery.
The invoices sent by the Seller are due for payment at least 2 days BEFORE the delivery date. Goods do not leave AI Power warehouse unless payment has been registered for the goods.
In the event of late payment, the Seller is entitled to charge late payment interest of 2.5% per commenced month of the total sum from the due date. Late payment of an invoice is always considered a material breach of the Agreement.
If deliveries are made on an ongoing basis and there is delayed payment on the part of the Buyer of a forwarded invoice, the Seller is entitled to withhold any future deliveries to the Buyer or suspend further work and/or in this connection require later delivery times to be postponed by a period proportional to the Buyer's delay in payment.
Seller reserves title to goods until full purchase amount is paid.
The Seller does not provide an independent guarantee on product deliveries. The Buyer cannot raise claims against the Seller in accordance with a manufacturer's warranty for a product promised in the purchase agreement or in any other way, as the Seller only passes on such a manufacturer's warranty to the Buyer.
Defects and deficiencies
The buyer is obliged to examine and test the delivered good immediately after delivery, as thoroughly as the situation necessitates, to ascertain whether there are defects in the delivered, or whether the delivered is in accordance with the order confirmation, both qualitatively and quantitatively.
To claim that the delivered goods suffer from defects or deficiencies (hereinafter referred to as "faults"), the Buyer must make a written complaint to the Seller immediately after the fault is or should have been discovered. In connection with the complaint, the Buyer must state and, on request, demonstrate how the fault manifests itself. The Seller is solely responsible for errors that the Buyer has complained about immediately after delivery of the defective item.
The Seller is never responsible for, and it is not considered a breach, if there are errors due to the design of the goods, provided that the design is in accordance with what was agreed. The Seller is also not responsible for errors caused by the Buyer's own circumstances, such as lack of maintenance, incorrect use, use against the Seller's regulations as well as changes and interventions in the delivered by unauthorized persons.
If there should be a fault in the delivered goods, the Seller can choose whether the Seller will:
a) remedy the fault,
b) re-delivery or subsequent delivery of faulty goods, or
c) give the Buyer a proportional reduction in the price.
In the case where it is reasonably considered that the Buyer can carry out remedial action himself, the remedial action is deemed to have been completed by sending a defect-free part and/or instructions for remedial action.
If the Seller chooses to remedy, or redelivery, the Seller is obliged to carry out such remediation, replace, or redelivery as quickly as the situation requires and at their own expense.
If the Seller does not remedy, replace, or redeliver the goods within a reasonable time with the speed required by the circumstances, the Buyer can give the Seller a final and reasonable deadline in writing to remedy, replace, or redeliver the goods. The deadline must be at least 5 working days and no earlier than 20 working days from the time when the Seller received the Buyer's written complaint regarding the error.
If the Seller has not remedied, replaced or redelivered by the end of the deadline, the Buyer has the right to a proportional refusal corresponding to the defective part of the delivered in relation to the total delivery and price.
If the defect is significant, the Buyer can cancel the agreement as far as the defective part of the goods is concerned. The Buyer can only cancel the Agreement in respect of non-defective goods if they are in such a context with the defective goods that they cannot reasonably function satisfactorily on their own.
The Buyer cannot raise claims against the Seller for any defects in the product, unless the seller can have the claim covered by the manufacturer.
If the Buyer has complained about faults, and it turns out that there are no faults that can be attributed to the Seller, the Buyer must reimburse the expenses that the Seller may have incurred in such a context, including examination and freight costs.
Delivery and transfer of risk
The stated delivery time is only indicative for the Seller, unless otherwise agreed in writing.
If a fixed delivery time has been agreed, the Seller has the right to a deadline extension in the following cases:
a) Force majeure (item 13)
b) In case of delay caused by the Seller's suppliers, transporters or other third parties
c) Unusual weather
d) Labour conflicts
e) Public orders or prohibitions which the Seller should not have foreseen when concluding the agreement.
Where an agreement has been made for delivery to the Buyer's address or another place designated by the Buyer, the goods are delivered as close to the place as the lorry can, at the driver's discretion, without risk of getting stuck or damaging the vehicle or the surroundings.
The Buyer is obliged to carry out an inspection of the goods received and to have the necessary personnel available for unloading.
If the Buyer does not fulfil the obligations stated above, the Seller will be entitled, but not obliged, to make delivery with liberating effect at the place of delivery, regardless of whether a representative of the Buyer is present. The risk of the item's destruction or damage passes to the Buyer upon delivery. The delivery note or the transporter's waybill is considered as documentation for delivery.
Costs for any waiting time in connection with unloading at the designated place are covered by the Buyer, and also costs that result from the Buyer not being able to receive the goods at the agreed delivery time.
Complaints about and responsibility for delay
The Buyer must advertise in writing immediately upon ascertaining a delay, as the Buyer otherwise loses any claim due to the delay.
In the event of a minor delay, a subsequent delivery will be made.
In the event of significant delay, the Buyer is entitled to cancel the order. If successive delivery has been agreed, however, the Buyer is only entitled to cancel the delayed partial delivery.
The Buyer is not entitled to any compensation due to the Seller's delay. This applies regardless of whether the Buyer cancels or maintains the purchase.
The Seller is liable according to the Product Liability Act, to the extent that the law invariably imposes liability for such damages, and the Seller's liability for this may not be legally limited.
The Seller is also responsible for damage that products supplied by the Seller may cause, to the extent that the damage is caused by gross negligence on the part of the Seller, and the Seller's liability for this may not be legally limited.
In cases where the Seller is responsible for product damage, but where the damage can also be attributed to mistakes made by the Buyer, the responsibility is distributed according to the degree of proven fault.
To the extent that the Seller may be held liable for product damage in relation to third parties, the Buyer is obliged to indemnify the Seller for any liability the Seller may be held liable for, which is higher than the Seller's liability according to the above provisions.
The Buyer is obliged to be sued/complained at the same court/arbitration which deals with compensation claims against the Seller from a third party in connection with products delivered by the Seller via the Buyer to a third party.
The Seller is never liable for operating loss, loss of profit or other indirect loss.
In the event of delivery, timely delivery, or defect-free delivery, is prevented or delayed by events beyond the Seller's control, including but not limited to labour disputes, operational disruptions, unusual weather, transport difficulties or other third-party failure, the Seller may, without liability, postpone delivery or cancel the order in whole or in part after own choice and notifying the Buyer as soon as possible.
General limitation of liability and transport in claims against the Seller's suppliers
The Seller's liability cannot – regardless of proven negligence – include daily fines, loss of operation, loss of time or other indirect loss, regardless of whether the liability is based on general compensation rules or bases.
In the event that the Seller's supplier or other relevant third party has a responsibility towards the Seller for delays or deficiencies, the Seller will be prepared to provide the Buyer with transport in the Seller's claim against the supplier or third party.
In connection with the execution of the Agreement, both parties may gain access to confidential information and other confidential material from each other. Both parties warrant that they themselves and their employees and subcontractors will treat the information received confidentially in all respects. This provision lasts indefinitely.
In addition to this provision, other provisions on confidentiality and trade secrets apply in accordance with Danish law.
Interpretation and changes
These conditions apply to the extent that they are not explicitly and in writing deviated between the Buyer and the Seller. Later deviations from the Agreement or the Conditions can only be done through the drawing up of a new agreement or a written addendum to the Agreement.
The conditions can be revised and/or changed by the Seller at any time. Agreements already concluded, however, are not affected by this.
Choice of law and venue
Disputes between the parties arising from the Terms and Conditions, the Agreement or the Seller's services in general, and which cannot be resolved amicably between the parties, must be settled according to Danish law by the ordinary courts at the Seller's domicile at all times at the district court in Copenhagen.
Information about the seller
4200 Slagelse, Denmark