Terms and conditions
Terms of sale and delivery for materials and production equipment for trees, shrubs and landscaping, etc.
Tel .: +45 24415732
1. THE BASIS OF THE AGREEMENT
1.1. We only sell to VAT registered companies and public institutions.
1.2. Unless otherwise agreed between the parties, the following terms of trade shall apply to the sale.
1.3. The delivery agreement only covers the goods and services mentioned in the order confirmation.
1.4. Catalogs, brochures, presentations on electronic media that are not delivered with the product are indicative and are not part of the agreement basis.
2.1. Toppii only advises Buyer within its own area of experience and to the best of its knowledge at the time of advice. Later acquired experience may lead to other solution options. Advice is given only on the basis of the information provided by the Buyer to Toppii.
2.2. Toppii assumes no responsibility for any free oral or written guidance, measurement, calculation, etc., which is provided in connection with inquiries or purchase of an item.
PRODUCTS FOR TREES AND SHrubs
3.1. Trees and shrubs may be different and it is the Buyer’s own responsibility to assess the goods’ suitability for the intended use, including whether assembly and disassembly will could be done in an appropriate way.
3.2. In general, the Buyer must anticipate that the greater the physical stresses the product is exposed to, the shorter the expected shelf life. High temperatures, frost, wind and sunlight can similarly affect properties and durability.
3.3. The buyer is instructed to follow any instructions that have been delivered with the product, as well as to obtain the necessary information / experience on appropriate use.
3.4. After use, remember never to leave plastic and metal in nature.
4. DELIVERY TIME, PLACE AND RISK
4.1. Delivery time is set subject to strike, lockout, fire, import ban, delay of necessary deliveries or similar difficulties. If such circumstances occur, the delivery is suspended and Toppii must notify the Buyer as soon as possible.
4.2. Delivery takes place ex Thisted Municipality, so that the risk of the product’s accidental destruction or deterioration thereafter is the Buyer’s.
5. OFFER / ORDER CONFIRMATION
5.1. Toppii submits any offer subject to intermediate sales, as Toppii is entitled to dispose of the goods in another way until the Buyer’s acceptance has reached Toppii.
5.2. Toppii’s offer is valid for 8 days, unless otherwise agreed in writing between the parties, or otherwise stated in the offer. Final agreement on delivery is only available when the Buyer has received Toppii’s written order confirmation.
6. PRICES AND PAYMENT
6.1. Prices are valid for delivery from Thisted Municipality. The payment is made net in cash no later than upon delivery.
If payment has not been made within 20 days after delivery or the order has been placed at the Buyer’s disposal, interest is calculated at 1.5% per. commenced month.
6.2. Prices are agreed subject to the fact that before the delivery there have been no changes in public taxes, customs duties or similar matters beyond Toppi’s control. Toppii also reserves the right to adjust prices if, prior to delivery, there have been significant changes in exchange rates, commodity prices and transport costs that were not known at the time of the agreement.
6.3. Prices appear from Toppiis’ price list in force at any given time or from the order confirmation sent. Delivery takes place from Toppi’s warehouse, unless otherwise agreed in writing. All prices are stated excluding freight, packaging, VAT, taxes and any handling fee.
6.4. Toppii is continuously entitled to make price changes in price lists and without notice offer, unless otherwise agreed in writing.
6.5. If the Buyer has an account with Toppii, the purchase price is due for payment according to the order Buyer’s account with Toppii applicable payment terms, unless otherwise express agreed in writing. The purchase price is due for payment calculated from the specified delivery time, regardless of whether the Buyer’s circumstances mean that delivery cannot take place as agreed.
6.6. If the Buyer does not have an account with Toppii, the purchase price is due for payment at the specified delivery time and regardless of whether the Buyer’s circumstances mean that delivery cannot happen as agreed.
6.7. If the Buyer’s payment (s) is not made on time, and / or if the conditions for the agreed credit change significantly, Toppii is entitled to withhold all additional deliveries to the Buyer, regardless of whether the deliveries are interrelated.
7. OWNERSHIP AND RETURN RIGHT
7.1. Toppii reserves the right of ownership and retention of the item until full payment for the item and any transportation costs have occurred.
8.1. The buyer must immediately after receipt of the goods make an examination of the goods or a representative sample of each package delivered.
8.2. If the Buyer has not immediately after delivery announced that he will invoke a defect, can he did not later assert it.
9.1. If the Buyer gives notice of a defect, Toppii must within 14 days after receiving notification of this with proper documentation of the defect, be entitled to remedy the defect at his own expense or to make a replacement at the Buyer’s address.
9.2. In the event of timely remediation or replacement, the Buyer may not assert other default rights.
10.1. If the Buyer has not notified Toppii within one year after delivery to him that he will invoke a defect, he may not later claim this.
10.2. In case of delay in delivery of the goods or defects in the goods:
– Toppii cannot be held liable for operating and profit losses, losses arising from the Buyer’s contractual obligations to third parties or other indirect losses.
– no compensation can be claimed against Toppii in excess of an amount corresponding to the invoice value of the goods.
11. BUYER’S DEFAULT
11.1. If the Buyer fails to pay due services, including interest on arrears, or otherwise violates the provisions of this contract, Toppii is entitled to terminate the agreement in whole or in part with the effect that the purchase price becomes due for immediate payment.
11.2. Toppii reserves the right to compensate for any loss in this regard. If the Buyer does not meet his payment condition, Toppii has the right to take back the item and / or suspend its deliveries.
12. JURISDICTION AND CHOICE OF LAW
12.1. Any legal dispute arising from trade between the parties, including disputes concerning non-payment regarding this delivery or any part thereof, shall be settled in accordance with Danish law at Toppii’s domicile in Denmark.