Terms and Conditions

for purchase from

master care A / S

Sofienlystvej 3 DK
8340 Malling

Reg. 36941022

applicable from 15 October 2016


1. General

Terms of trade and business
for purchase at master care A / S Sofienlystvej 3 DK - 8340 Malling CVR no. 36941022
applicable from 15 October 2016
1.1. The general trading and business conditions 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 master care and the Customer (hereinafter collectively referred to as the Parties) is valid as stated below unless the Parties have agreed in writing on deviations from the general trading and business terms.
1.3. When master care submits a tender to the Customer and when sending an order confirmation, reference is made to master care's general trading and business terms and conditions, which are regarded as adopted between the Parties and which apply to the purchase, unless the Parties have agreed in writing on deviations from the ordinary trading and business terms.

2. Offer / acceptance

2.1. In any offer made by the master care to the Customer, it is stated which products are offered, the price of the individual goods excl. VAT and other charges including freight costs, freight and shipping fees, billing fees, pallet fees, oil surcharges and packaging fees.
2.2. An offer from master care lapses unless this is accepted by the Customer within 10 working days after the offer date.
2.3. If there are goods in the Customer's order that are sold out or are not in stock at the time of ordering, the Customer will receive notification from master care.
2.4. master care is at all times entitled to cancel a purchase agreement entered into between the parties wholly or partly 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 cannot deliver due to technical or production conditions, fire, war, unusual nature events, strikes, lockouts, vandalism, theft, suspension of payments, bankruptcy or similar conditions.
2.6. Unless otherwise agreed in writing, the Customer must pay the freight costs for transporting the purchased from master care's warehouse to the place where the customer wishes delivery.
2.7. To the extent that customs duties, taxes, fees and fees change before delivery, master care is entitled to resign from its offer, even if this is accepted by the Customer.

3. Order confirmation

3.1. In the case of any purchase that the Customer makes at master care, master care will send an order confirmation
to the Customer for the email address provided by the Customer at the time of purchase.
3.2. The order confirmation specifies which products have been purchased, the agreed price, expected delivery time, freight costs and freight, handling, billing and packaging fees as well as oil surcharges.

4. Delivery time / obligation to investigate

4.1. Delivery to the Customer takes place at the address stated in the order confirmation unless otherwise agreed separately in writing between the Parties.
4.2. Within 3 days from delivery, the Customer is obliged to check whether the number of products and product types is in accordance with the order confirmation, cf. Third
4.3. To the extent that the number of products or product types does not correspond to the order confirmation, the Customer must advertise no later than 3 working days after the delivery date. If this is not the case, 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 freight costs herewith.
4.5. The customer is obliged within 3 working days after delivery to examine whether the products have visible defects or are defective.
4.6. In case of visible defects and defects, the Customer must advertise within 5 days counted from the delivery of the products.
4.7. If the complaint does not occur before this deadline, any claims due to visible errors and defects will lapse.
4.8. In relation to the complaints, see point. 6th

5. Delays

5.1. To the extent that delays occur in the delivery of the products in relation to the stated delivery time, which is stated in the order confirmation, cf. 3, master care is entitled to postpone the time of delivery by 3 weeks without this giving the Customer the right to make non-compliance 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 by circumstances at master care or at master care's supplier / carrier.
This includes, for example, that master care or master care / suppliers / transporters cannot deliver on time, so that master care cannot deliver to the Customer at the agreed time due to technical or production conditions, fire, war, unusual nature 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 receive direct or indirect losses and including operating losses or loss of profits at master care as a result of delays or non-delivery.

6. Complaints, exchange

6.1. Finds the Customer at the delivery cf. section. 4, that in relation to the order confirmation there is no number of products ordered and / or it is not the correct products that have been delivered, master care has the right and obligation to supply the missing number and / or the correct products if this can happen 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 a stay against master care paying the freight costs.
6.3. If, upon delivery, the Customer finds that there are visible defects in the products, he / she is obliged, without delay, to advertise, 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 from receipt of the complaint from the customer. master care pays the cost of returning the defective products and the costs of sending new products.
6.5. To the extent that master care finds that returned products are not defective, the Customer is obliged to pay the freight costs to the master care and the freight costs to the Customer, and is obliged to return the ordered products back.
6.6. If the Customer finds deficiencies in a product and wishes the Customer to advertise in relation to master care, the Customer must, without a stay at his own expense, submit the products to master care in order to have master care 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 is improperly handled by the Customer, cf. received instructions for use, or the product is defective as a result of incorrect washing, drying etc., this is not the case for which master care is responsible.
6.8. To the extent that master care agrees that this is a manufacturing defect in the product, master care is entitled to exchange the product for a new non-defective product, which master care sends to the customer without charge within 20 days counted from master care's receipt of the defective product.
6.9. master care is also entitled instead to cancel the order in full or in part, and credit the customer for the defective product and is obliged to pay the customer's freight costs when sending the defective product to master care.
6.10. The customer does not have any other power of default against 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 loss of profits, as a result of complaints.

7. Billing

7.1. master care sends the invoice to the customer simultaneously with the 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 freight and shipping costs, oil surcharges, invoicing fees and packaging fees, as stated in the order confirmation.
7.3. In the event of non-payment on due date, master care has a claim for interest in accordance with section 3 (2) of the Danish Interest Act. 1, cf. § 5.
7.4. The customer can only pay for the account number master care stated on the invoice submitted with release effect.
7.5. To the extent that master care makes invoice borrowing 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 release effect must be transferred to on the due date.
7.6. The customer is not entitled to make any set-offs against an invoice unless master care has accepted this in writing to the Customer.
7.7. Neither does the customer have the right to withhold any part of the purchase price due to claims made in accordance with item. 4, or as a result of delays in the 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, - is added. reminder.
7.9. The ownership of the 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. Reservations and disclaimer

8.1. master care is not liable for damages when the customer does not correctly use the product
or do not follow the master care instructions for using the product.
8.2. master care has no responsibility for / for damages that may arise to the extent that master care products
Add products from other suppliers.
8.3. master care is not responsible for the Customer's or anyone else's operating, time, profit loss or other forms of direct or indirect loss with the customer or other users of master care products.

9. Product liability

9.1. master care has taken out insurance for product liability.

10. Deviations from the Contract Act and the rules of the Sale of Goods Act

10.1. These general terms and conditions of trade contain derogations in relation to the rules of the contract law and the purchase law, and the general trading and business conditions prevail over these.

11. Venue

11.1. Any case between the parties will be settled by appeal in accordance with the general rules of the court in Aarhus