Terms and conditions business
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General Information about the Supplier:
Daarbak Group
CVR No.: 29388792
Gugvej 120
9210 Aalborg SØ, Denmark
Scope:
These terms and conditions of sale and delivery apply to all offers, orders, deliveries, and payments where Daarbak Design A/S (also known as Daarbak Group A/S) acts as the supplier or subcontractor.
The buyer’s stated special or general terms in tender materials, purchase orders, terms of purchase, or similar shall only be deemed agreed if explicitly accepted in writing.
The terms and conditions apply from September 1st, 2024, and remain valid until further notice from Daarbak Design.
Offers:
All offers are made subject to errors, omissions, and discrepancies, including clerical mistakes, intermediate sales, and the availability of production materials.
Offers are binding on Daarbak Design for 30 days from the date of the offer, unless a different validity period is explicitly
stated.
Delivery times indicated in the offer are approximate. Daarbak Design reserves the right to adjust the delivery date in the final order confirmation.
Order Placement/Order Confirmation:
An agreement is only binding for Daarbak Design once the Buyer has received a written order confirmation from Daarbak Design.
The order confirmation and these terms and conditions form the basis for any transaction between Daarbak Design and the Buyer.
The Buyer must review the order confirmation immediately upon receipt. Any objections must be submitted in writing to Daarbak Design within two working days; otherwise, the Buyer will be bound by the order as confirmed.
Daarbak Design reserves the right to reject orders until any overdue payments from the Buyer are settled.
Delivery and Place of Delivery:
The indicated delivery time in the delivery notice is an estimate and will be confirmed no later than two days before the final delivery date.
If delivery cannot take place as per the delivery notice due to Buyer circumstances, the order will be subject to the supplier’s costs for the failed delivery, with a minimum of DKK 1,500 per order.
In case of delay due to Buyer circumstances, the Buyer must still pay the purchase amount as agreed and bear all storage and additional costs, including a minimum storage fee of DKK 200 excluding VAT per pallet per week after the agreed delivery date. Additional costs must be agreed separately.
Daarbak Design reserves the right to deliver orders in partial shipments depending on stock availability.
Delivery is according to the supplier’s applicable freight rates within Denmark. Deliveries to non-bridged islands incur additional costs for the Buyer. (Faroe Islands and Greenland deliveries are made to the port of shipment only.)
Carry-In and Setup:
If carrying or setting up of goods is requested, installation services must be ordered.
By ordering goods with installation, it is ensured that delivery is correct, installation follows industry standards, and all packaging is taken back.
Pallets:
Daarbak Design uses the Danish freight system, which requires pallet exchange at each delivery.
The Buyer must provide empty, undamaged EUR pallets in the same quantity as those delivered.
Any missing exchange pallets will be invoiced to the Buyer, who is responsible for ensuring that all pallets are in good condition, dry, and accessible.
Prices and Payment Terms:
Daarbak Design’s prices are those valid on the order date unless otherwise agreed in writing.
All prices are exclusive of freight, environmental charges, VAT, and other duties.
Listed prices and offer prices are current daily prices and may be adjusted without notice unless specifically agreed otherwise.
Electronic invoicing (EAN) is sent to all public institutions. EAN numbers can be provided when registering at
www.daarbakdesign.dk.
Payment terms are 8 days net cash from delivery unless otherwise agreed in writing.
For orders exceeding DKK 500,000 or involving custom-made products, Daarbak Design reserves the right to adjust the
payment terms as follows: 30% upon order receipt, 30% at production start, and 40% upon completion and approval of
installation.
An environmental fee covering site clean-up and responsible waste disposal will apply unless otherwise agreed. The fee is 1.91% of the order value in DKK.
For specially developed and manufactured solutions, 100% prepayment is required upon order receipt.
Payment must be made via bank transfer to Daarbak Design’s account unless another method is agreed in writing.
Late payments will accrue interest at 2% per commenced month from the due date until payment is credited to Daarbak Design’s account. Interest invoices must be paid net cash within 8 days.
If the Buyer has overdue payments exceeding 30 days, future purchases must be made by prepayment or cash on delivery. The same applies if the Buyer fails a credit check.
The Buyer may not set off any claims against Daarbak Design or withhold payment due to alleged defects unless the defect has been acknowledged by Daarbak Design.
In case of a claim, only the amount directly related to the specific claim may be withheld; the remaining amount must be paid according to the agreed payment terms. The withheld amount must be paid within 8 days after the complaint is resolved.
Payment by Debit or Credit Card:
Payments can be made by debit or credit card, as specified on www.daarbakdesign.dk.
For orders paid by card, the payment will only be charged once the order has been dispatched.
Retention of Title:
Daarbak Design retains title to the delivered goods until full payment, including any additional charges, has been received, subject to mandatory statutory provisions.
Warranty:
Daarbak Design provides a minimum two-year warranty on newly manufactured goods covering material and construction defects.
Some brands may offer extended warranties, which Daarbak Design will pass on to the Buyer.
The warranty does not cover normal wear and tear, damage to upholstery and surfaces, or damage caused by improper use or maintenance.
Requests for the installation of spare parts will be invoiced according to the applicable hourly rates.
Products made to customer specifications are not covered by Daarbak Design’s test certificates for strength, durability, and stability, and no warranties are provided for these products.
In the event of a warranty claim, Daarbak Design may, at its discretion: (i) deliver a replacement, (ii) repair the defect, (iii) accept the return of goods and issue a credit note, or (iv) grant a proportional price reduction.
Clause 14 on liability limitations applies to any potential compensation claims.
Return Policy:
Unless otherwise agreed in writing, no right of return applies.
Complaints:
In case of defects or missing items, Daarbak Design may, at its discretion, repair, replace, or refund the goods.
Defects caused by improper storage or use are not covered.
Claims regarding missing or damaged goods must be submitted within 24 hours of receipt; otherwise, Daarbak Design cannot be held liable.
Claims must be sent by email to [email protected] and include a description of the issue, a copy of the invoice or order confirmation, and a photo of the defect.
Technical Information:
Product information, illustrations, drawings, and technical data (including weight, dimensions, volume, strength, load capacity, performance, and surface treatments) in catalogues, brochures, or other material are for guidance only.
Daarbak Design reserves the right to change specifications and descriptions without notice.
All technical drawings and documents remain the property of Daarbak Design and may not be used, copied, reproduced, or disclosed to third parties without written consent.
Information regarding ergonomic properties is advisory only and does not replace individual ergonomic consultancy.
Daarbak Design accepts no liability for the contents of ergonomic information or for compliance with public authority requirements.
Reservations:
Daarbak Design reserves the right to correct typographical, printing, and image errors, as well as to make price changes, discontinue products, and address third-party delivery failures, including force majeure events.
Daarbak Design also reserves the right to adjust prices due to fluctuations in production costs and supplier price changes.
Product Liability:
Daarbak Design accepts no liability for delays, defects, or breaches unless caused by gross negligence.
Daarbak Design shall not be liable for any indirect losses, including loss of goodwill, loss of profits, operating losses, or loss of customer base.
The maximum liability for specific damages is capped at DKK 5,000,000.
Force Majeure:
Daarbak Design shall not be liable for any failure to fulfil its obligations caused by circumstances beyond its control that could not reasonably have been foreseen or avoided.
Force majeure includes, but is not limited to, war, civil unrest, government restrictions, natural disasters, vandalism, theft, energy supply failure, communication breakdowns, confiscation, labour disputes, lockouts, strikes (including those involving Daarbak Design), disease outbreaks, epidemics, pandemics, or other extraordinary events beyond reasonable control.
Daarbak Design’s obligations shall be suspended for the duration of the force majeure event.
Jurisdiction:
These terms and conditions shall be governed by and construed in accordance with Danish law.
Any disputes shall be subject to the jurisdiction of the Court of Roskilde or, where applicable, the Western High Court (Vestre Landsret).