Trading and business conditions for purchase at Mastercare A/S Sofienlystvej 3 DK – 8340 Malling CVR no. 36941022 – effective from 15 October 2016
1.1. The general terms and conditions of trade and business apply to master care A / S’s (hereinafter referred to as master care) sales to traders, public institutions, the Danish state, Danish regions and Danish municipalities (hereinafter referred to as the Customer).
1.2. The agreement between the master care and the Customer (hereinafter collectively referred to as the Parties), is valid as stated below unless the Parties have agreed in writing to deviations from the general trading and business conditions.
1.3. When master care submits an offer to the Customer and when sending an order confirmation, reference is made to master care’s general terms and conditions of trade and business, which are considered agreed between the Parties and which apply to the purchase, unless the Parties have agreed in writing to deviate from the general terms of trade. and business conditions.
2.1. In every offer that master care makes to the Customer, it is stated which goods have been offered, the price of the individual goods excl. VAT and other taxes including shipping costs, shipping and handling fees, invoicing fees, pallet taxes, oil surcharges and packaging taxes.
2.2. An offer from master care lapses unless this is accepted by the Customer within 10 working days after the offer is dated.
2.3. If there are items in the Customer’s order that are sold out or are not in stock at the time of ordering, the Customer will receive notification of this from the master care.
2.4. master care is at all times entitled to cancel a purchase agreement entered into between the Parties in whole or in part if master care cannot deliver due to circumstances over which master care is not master.
2.5. This includes, for example, that master care or master care`s supplier / carrier can not deliver due to technical or production conditions, fire, war, unusual natural events, strikes, lockout, vandalism, theft, suspension of payments, bankruptcy or similar conditions.
2.6. Unless otherwise agreed in writing, the Customer must pay the shipping costs for transporting the purchased item from the master care’s warehouse to the place where the customer wants delivery.
2.7. To the extent that there is a change in customs rates, taxes, fees and charges before delivery, master care is entitled to withdraw from its offer, even if this is accepted by the Customer.
3.1. For every purchase that the Customer makes at master care, master care sends an order confirmation
to the Customer to the e-mail address provided by the Customer at the time of purchase.
3.2. The order confirmation indicates which products have been purchased, the agreed price, expected delivery time, shipping costs and fees for shipping, handling, invoicing and packaging tax as well as oil surcharges.
4.1. Delivery to the Customer takes place to the address stated in the order confirmation unless otherwise agreed in writing between the Parties.
4.2. Within 3 days of delivery, the Customer is obliged to check whether the number of products and product types is in accordance with the order confirmation, cf. 3.
4.3. To the extent that the number of products or product types does not correspond to the order confirmation, the Customer must complain no later than 3 working days after the time of delivery. If this does not happen, the delivered products are considered to be in accordance with the order confirmation.
4.4. If there are more products than ordered, the Customer must return the excess products to master care, which pays the shipping costs.
4.5. Within 3 working days after delivery, the customer is obliged to check whether the products have visible defects or are defective.
4.6. In case of visible defects and defects, the Customer must complain within 5 days from the delivery of the products.
4.7. If the complaint is not made before this deadline, any claims will lapse due to visible errors and defects.
4.8. In relation to the complaints, reference is made to pkt. 6.
5.1. To the extent that delays occur with delivery of the products in relation to the specified delivery time, which appears from the order confirmation, cf. 3, the master care is entitled to postpone the delivery time by 3 weeks without this giving the Customer the right to assert default rights in the form of compensation, proportionate refusal or to cancel / cancel the transaction.
5.2. master care also has the right at any time to postpone the delivery time or to cancel the order in whole or in part, if delays are justified in relation to the master care or the master care’s supplier / carrier.
This includes, for example, that master care or master care’s suppliers / carriers can not deliver on time, so that master care can not deliver to the Customer at the agreed time due to technical or production conditions, fire, war, unusual natural events, strikes, lockout , vandalism, theft, insolvency, illiquidity, suspension of payments, bankruptcy or similar circumstances.
5.3. To the extent that the delays are beyond 3 weeks, the Customer is entitled to cancel the order, but is not entitled to be reimbursed for direct or indirect losses, including operating losses or profit losses at master care, due to delays or non-delivery.½
6.1. If the Customer finds upon delivery, cf. pkt. 4, that in relation to the order confirmation there is no number of products that have been ordered and / or it is not the correct products that have been delivered, master care has the right and obligation to deliver the missing number and / or the correct products , if this can be done within 20 days from the time the Customer has received the wrong products.
6.2. The customer must return any incorrectly delivered products to master care without delay in exchange for master care paying the shipping costs.
6.3. If the Customer finds on delivery that there are visible defects in the products, he is obliged, without delay, to complain, cf. 4, and return the defective products to master care.
6.4. master care has the right to exchange defective products if this can be done within 20 working days of receiving the complaint from the Customer. master care pays the cost of returning the defective products and the cost of submitting new products.
6.5. To the extent that master care finds that returned products are not defective, the Customer is obliged to pay the shipping costs for the master care and the shipping costs to the Customer, as well as the obligation to receive the ordered products returned.
6.6. If the Customer finds defects in a product and wishes the Customer to complain in relation to master care, the Customer must, without delay at his own expense, submit the products to master care in order to get master care to relate to whether he agrees that is a defective product or not as a result of a manufacturing defect or the like.
6.7. To the extent that the product has been incorrectly treated by the Customer, cf. received instructions for use, or the product is defective as a result of incorrect washing, drying, etc., this is not a matter for which master care is responsible.
6.8. To the extent that master care agrees that there is a manufacturing defect in the product, master care is entitled to exchange the product for a new non-defective product, which master care forwards to the Customer free of charge within 20 days from the master care’s receipt of the defective product.
6.9. master care is also instead entitled to make a complete or partial cancellation of the order and credit the Customer for the defective product and is obliged to pay the Customer’s shipping costs when sending the defective product to master care.
6.10. The customer has no other default rights towards master care as a result of a defective product.
6.11. The customer is not entitled to cancel the order due to complaints and is not entitled to receive
covered direct or indirect losses, including operating losses or profit losses, as a result of complaints.
7.1. master care sends the invoice to the Customer at the same time as delivery of the ordered products. Due date
there are 30 days from the invoice date, unless otherwise agreed.
7.2. At the same time as invoicing the purchased goods, master care is entitled to invoice costs for shipping and handling, oil surcharge, invoicing fee and packaging fee, as stated in the order confirmation.
7.3. In the event of non-payment on the due date, master care is entitled to interest in accordance with section 3 (1) of the Danish Interest Act. 1, cf. § 5.
7.4. The customer can only pay with liberating effect to the account number master care has stated on the submitted invoice.
7.5. To the extent that master care carries out invoice mortgaging via Midt Factoring A / S, CVR no. 83712619, Nygade 111, 7430 Ikast, the Customer receives a separate message from Midt Factoring about which account number the invoice amount with releasing effect is to be transferred to on the due date.
7.6. The Customer is not entitled to make any set-offs against an invoicing, unless the master care has accepted this in writing to the Customer.
7.7. The customer is also not entitled to withhold any part of the purchase price due to complaints made in accordance with pkt. 4, or as a result of delays in delivery of products purchased by the Customer at master care unless master care accepts this in writing.
7.8. When sending a reminder letter due to non-payment of the amount due on the invoice received, a reminder fee of DKK 100 per person will be added. reminder letter.
7.9. The ownership of what is sold remains in all respects with master care until the purchase price and all other costs of the purchase are effectively paid by the Customer.
8.1. master care is not liable for damages when the Customer does not use the product properly
or do not follow the master care instructions for use of the product.
8.2. master care is not liable for damages that may occur to the extent that master care’s products are added to
products from other suppliers.
8.3. master care is not responsible for the Customer’s or others’ operating, time, profit losses or other forms of direct or indirect losses at the Customer or other users of master care’s products.
9.1. master care has taken out insurance for product liability.
10.1. These general terms and conditions of trade and business contain deviations from the rules of the Contracts Act and the Purchase Act, and the general terms and conditions of trade and business precede these.
11.1. Any case between the Parties is decided by an appeal in accordance with the general rules of the court in Aarhus
