1. INTRODUCTION

These sales and delivery terms and conditions are applicable to all offers, orders, and deliveries from ECM Industries A/S (“ECM”) unless otherwise agreed in writing between the buyer and ECM, and are regarded as having been accepted upon acceptance of ECM’s offer.

2. OFFERS AND PRICES

Written offers from ECM are applicable for 30 days from the date of the offer. The prices stated are exclusive of packaging and the applicable VAT and any other taxes that are applicable at the time.

3. ORDERS

ECM is only obligated to fulfil offers made when ECM has accepted to do so by means of an order confirmation.

Every order is confirmed on the condition of sufficient credit assurance of the customer via a recognised credit insurance company.

4. DELIVERY

Delivery is ‘Ex Works’ in accordance with Incoterms 2000. Delivery times are stated by ECM according to the best estimate and are not binding, and deviations do not entitle the buyer to terminate the purchase. ECM does not accept penalties for delayed delivery or provide compensation for losses as a result.

5. PAYMENT

Unless otherwise agreed, payment is 30 days net. The due date is stated in the invoice. In case of late payment, 1.5% per month is charged as interest on overdue payment. The buyer is not entitled to refuse payment due to any claim that ECM has not recognised.

6. RETURNED GOODS

Returning of goods may only take place in accordance with prior agreement. Specially produced products cannot be returned. As long as an agreement has been made regarding return of goods, then the goods  sold must be returned at no cost to ECM, be in undamaged condition, and be returned in the original packaging.

7. PRODUCT LIABILITY

To cover liability for damage caused by the supplied services, ECM has taken out insurance in HDi Gerling.

8. VENUE

All disputes between the parties shall be decided by the ordinary Danish courts pursuant to the regulations in the Danish Administration of Justice Act.