Valsemøllen A/S and VM Grossisten
Following terms and conditions are valid for all quotations, orders, etc. concerning purchases and deliveries unless anything else has been agreed upon in writing between the parties. Following terms and conditions only are valid between Buyer and Seller.
Terms of Delivery
All products must as a minimum be labeled in Danish language with the name of the product, stock No., date of production, batch No., best before date and weight per lot.
The goods are bought DDP buyer’s address Incoterms 2000©, unless another delivery address has been agreed.
Pallets and other return packings must come in clean and good condition to be credited.
All deliveries must be delivered at the requested date of delivery between 07.00 and 13.30, Fridays before 13.00.
Seller warrants that all goods delivered to the Buyer are produced according to Danish legislation and rules etc. valid at any time.
Seller is aware that goods involved in the parties’ delivery agreement dealing with products or services are to be used as food or food production. Seller must guarantee that consideration has been taken to the high demands for quality, ability to deliver and health requirements during the production and delivery of these products.
Seller must guarantee that the goods have not been genetically modified, do not contain any kind of genetically modified materials, and that gas technological manufacturing process has not been used.
Seller has the full responsibility that the delivered products meet the specifications required by the buyer in the order. If the goods do not comply with these specifications, Buyer is entitled to reject the goods. Seller must then issue a credit note for such faulty goods, giving a proportional reduction in price, corresponding to the value of the difference, or replace the defective goods with goods after the Buyer’s choice. Buyer has the right to complain until the shelf life expires. Buyer is entitled, but not obliged to make tests upon receipt of goods.
Breach of Contract
Breach takes place if the goods do not comply with Buyer’s specifications. Such breach will result in Buyer having the rights of breach stated in the Danish Sale of Goods Act, unless anything else is stated in the terms and conditions.
Breach takes place if there is a considerable delay or serious imperfect delivery, etc. In this case, unless anything else appears from the terms and conditions involved, Buyer has rights of Fundamental Breach according to the Danish Sale of Goods Act.
Seller is obliged to discharge Buyer from any direct or indirect loss, which Buyer should suffer as a result of faults on the products supplied by Seller, or as a result of Seller’s breach.
If Seller should be prevented from delivery because of force majeure, Seller is immediately obliged to inform Buyer about this. Buyer will in this case be entitled to cancel the following deliveries, which hereafter will be deducted from Buyer’s obligations if any to take the certain amount of goods from Seller as per the principle of anticipated breach. If Seller does not fulfill the obligation of information, there is a considerable breach, and the above stated terms of breach for Buyer will be upheld.
Force majeure is war, import embargo, and accidental destruction of all products of the kind or the part of goods concerned in the purchase.
Seller confirms to have made product liability insurance of minimum DKK 10,000,000. Documentation should be presented upon request.
Legal Action and Disputes
Any dispute which should merge concerning the present terms and conditions must be settled according to Danish law, except from rules of applicable law, at Buyers home town – Esbjerg.