General terms and conditions of sale and delivery Aquasense ApS

1. Scope
1.1 – For all offers, sales, deliveries, installations and services performed by Instrutech CVR no. 33051050 and including Aquasense ApS (hereinafter referred to as “Aquasense”), these General Terms and Conditions of Sale and Delivery apply to the extent that they have not been deviated from by written agreement between the parties. The conditions are valid in Denmark, Greenland and the Faroe Islands.

1.2 – The Buyer’s specification of special terms in tender materials, orders, etc. is not considered a deviation from the terms below, unless Aquasense has accepted these in writing.

2. Offer/Order
2.1 – The agreement between the Buyer and Aquasense is only considered to have been concluded when Aquasense has sent an order confirmation. Any objections from the Buyer to the content of the order confirmation must be in writing and reach Aquasense no later than 3 business days after the date of the order confirmation.

2.2 – Cancellation or modification of an order can only be done with Aquasense’s written approval.

3. Prices and Payment Terms

3.1 – The prices stated are understood to be exclusive of VAT, including standard packaging, ex Aquasense warehouse in Middelfart. Delivery costs and prices may be adjusted as a result of changes in exchange rates, customs duties, taxes, duties, etc. regardless of previously sent order confirmation.

3.2 – The payment terms are net 14 days. Aquasense is entitled to charge default interest, currently 1.5% per month on overdue amounts. The interest rate will be adjusted continuously in line with the market interest rate and is stated on the invoice. A fee will be charged when sending reminders.

3.3 – A reminder fee of DKK 100.00 is charged for each reminder sent. 1. Reminders can be sent 1 week after the due date, follow-up reminders at 14-day intervals.

3.3 – Aquasense reserves the right to change the agreed payment terms if the buyer’s ability to pay weakens after the conclusion of the agreement.

3.4 – The buyer is not entitled to withhold any part of the purchase price as security for the fulfillment of any counterclaims regarding other deliveries and such withholding will be considered a material breach of the agreement.

4. Validity
4.1 – The offer is valid for 60 days, calculated from the date of submission.

5. Delivery
5.1 – The delivery time stated in the order confirmation is valid.

5.2 – The delivery time is determined on the condition that all of the buyer’s specifications are available at the latest when Aquasense issues the order confirmation. Otherwise, the delivery time is calculated from the time when such specifications are received from the buyer.

5.3 – Unless otherwise agreed, the customer pays the freight from the factory and the insurance. The delivery costs (freight, postage, packaging, etc.) are invoiced separately. The delivery time is determined by the company and confirmed by the supplier after estimation in accordance with the circumstances that exist when the offer is made or the agreement is concluded. The company cannot be held responsible for delays in deliveries but will always strive for timely delivery. Transport insurance is charged as 4 per mille of the invoiced goods amount. All orders under are subject to a handling fee and a packing fee of at least DKK 195.

5.3 – Partial deliveries are to be considered as separate transactions. Partial deliveries are due for payment according to the applicable payment terms, calculated from the current invoice date. In the case of partial deliveries, the buyer is not entitled to claim compensation, termination of the contract or to withhold payment due to failure to execute the entire order. If the buyer proves that partial delivery, late delivery or non-delivery is a major inconvenience to him, the buyer has the sole right to terminate the contract, but he has no right to claim damages unless Aquasense intentionally or grossly negligently fails to execute the entire order.

5.4 – Weight and dimensions in brochures and offers are given with reservation. Aquasense is entitled to make changes to construction and design. Aquasense is only liable for stated weight and dimensions if this has been confirmed in writing.

5.5 – Goods are generally not returned. In special cases, goods can be returned/cancelled by prior written agreement, and only applies to goods in unopened original packaging. Special and custom-made goods cannot be cancelled and are not returned. The company reserves the right to charge a return fee of 15% of the invoice value when goods are returned/cancelled, however, min. DKK 350. The goods are credited at the current daily prices.

6. Force Majeure
6.1 – All deliveries are subject to force majeure, including labor disputes, in particular strikes, lock-outs or other unforeseen obstacles beyond Aquasense’s control. If delivery is not possible due to force majeure, Aquasense is not obliged to fulfill the contract entered into. If the delivery time has been extended or Aquasense has rightfully terminated the contract, the buyer cannot claim compensation or cancel on this basis. In the above cases, Aquasense is obliged