TERMS OF SALE AND DELIVERY
The following terms of sale and delivery for nué group ApS shall apply to all orders unless otherwise is agreed in writing.
1. ACCEPTENCE OF ORDERS
Any order accepted by nué group ApS shall be subject to force majeure, inadequate sales of the design ordered and subsupplier's failure to deliver materials required for production.
A binding contract of sale shall only arise between nué group ApS and the customer when a written confirmation of order is sent by nué group ApS. The customer shall be entitled to cancel any order for a period of 8 days as from the date of the offer to purchase. Nué group ApS shall be entitled to reject any order in case satisfactory credit information about the customer can not be obtained.
Should the Costumer cancel the order later than 8 days from the date of the offer to purchase, nué group ApS is entitled – at nué group ́s ApS' discretion – either to accept the Customer's cancellation against the Customer's payment of 25 % of the amount set forth in the confirmation, and without delivery of the ordered goods, or to reject the cancellation and to demand full payment according to the confirmation against delivery of the ordered goods at the time of delivery set forth in the confirmation.
2. TERMS OF DELIVERY
All goods shall be delivered ex works in accordance with the ICC's Incoterms 1990 unless otherwise expressly stated on the confirmation of order.
3. TIME OF DELIVERY - DELAYS
Nué group ApS reserves the right to postpone the date of delivery for 14 days. In case of delays attributable to circumstances construed as being force majeure situations, the date of delivery shall be postponed for the duration of any such circumstance preventing delivery. Nué group ApS shall also be entitled, at its option, to either postpone the delivery of an order or to cancel an order if the customer fails to make payments for goods previously delivered. This does not entitle the customer to cancel precent orders.
4. PRICES
Any prises quoted shall be subject to changes in customs duties and excise taxes of any kind and sudden exchange rate fluctuations. In case nué group ApS intends to invoke any such change, nué group ApS shall inform the customer thereof forthwith.
5. PAYMENT - INTEREST
Unless otherwise agreed in writing, the terms of payment of the purchase sum shall net. 30 days as from the date of the invoice. Interest shall automatically be charged on overdue accounts at the rate of 1.5% per commenced period of a month as from the due date. If the purchase sum is paid after nué group ApS has taken steps to recover the claims through the courts, the purchaser shall pay all incidental costs.
6. PROPERTY
The property in the goods delivered shall remain in nué group ApS until payment in full has been effected.
7. COMPLAINTS
Complaints shall be made within 8 days of receipt of the goods at the latest. Complaints concerning part-deliveries shall not entitle the customer to cancel the remainder of the order. Complaints of non-visible damage shall be made within 8 days of the day on which the damage first could have been discovered.
Complaints shall be made in writing and contain a precise statement of the nature of the error or defect. Complaints shall be subject to acceptance by nué group ApS before any goods are returned.
Following the acceptance of nué group ApS and nué groups receipt of the goods nué group ApS will attempt to correct the said error or defect. Should nué group ApS be unable the correct such error or defect the Customer is entitled to redelivery of the goods which are subject to the complaint. Should nué group ApS be unable to perform redelivery nué group ApS will issue a credit note regarding the goods which are subject to the complaint on the price set forth in the confirmation.
The Customer shall not be entitled to exercise any further powers due to any errors or defects in the delivered goods.
8. LIABILITY AND LIMITATION OF LIABILITY
Nué group ApS' liability only includes the Client's direct loss, and does not include consequential loss and other indirect loss. Loss of profit or revenue is to be considered an indirect loss.
To the extent permitted by mandatory legislation nué group ApS renounce all product liability claims.
Nué group ApS is only a distributor of the ordered goods, and consequently nué group ApS neither warrants nor ensures that the delivery of the ordered goods or the Customer’s sale hereof is performed in compliance with third party rights. Any claims due to any infringement of third party rights can only be made against the supplier. Nué group ApS is in no event liable to pay damages to the Customer in excess of the price of the goods which are subject to the Customer’s claim towards nué group ApS, at the most DKK 10.000.
9. RELIEFS (Force Majeure)
The following circumstances shall be considered as cases of relief if they impede the performance of the contract of render performance thereof unreasonably burdensome: industrial disputes and any other circumstance beyond the control of the parties such as sickness of key employees, fire, war, mobilization and draft for military service of a similar scope, requisitioning, sequestration, currency restrictions, insurrection and civil unrest, shortage of transport, general shortage of materials, restrictions in the use power and non-delivery or delays in deliveries by subsuppliers attributable to any of circumstances mentioned hereunder.
The party wishing to claim relief by reason of any of the said circumstances shall notify the other party in writing without delay on the intervention and on the cessation thereof. OS-Fashion ApS reserves the right to terminate the contract if, by reason of any of the said circumstances, the performance of the contract becomes impossible for more than three months.
10. SALES ADDRESS
In the absence of any written agreement with nué group ApS to the contrary, goods shall only be sold from the business address stated on the order.
11. VENUE AND LAW
Any dispute shall be settled by the Maritime and Commercial Court of Copenhagen (Sø- og Handelsretten) in accordance with Danish Law.
12. CHANGE IN TERMS OF SALES AND DELIVERY VENUE AND LAW
At all times nué group ApS shall be entitled to change these terms of Sale and Delivery upon 30 days notice to the end of a month.