General sales and delivery terms for trading with Market Select ApS, CVR 31091233 Targethouse, a brand and concept owned by Market select ApS
1.1 Market selects’ (legal entity) general sales and delivery terms apply to all offers, sales and deliveries, unless otherwise agreed in writing between the customer and TargetHouse- hereafter referred to as the Targethouse
1.2 Targethouse’s general sales and delivery terms are not covering the offers, sales and deliveries of graphic products (printed matter, products with individual printing and specially manufactured goods), the sales and delivery conditions common to the graphic industry apply.
1.3 In case of any discrepancy with the buyer’s general trading terms go Targethouse’s general sales and delivery terms in advance.
1.4 Targethouse’s reserves the right to use specially manufactured customer products as reference, including at exhibitions and in catalogs. We must have a written notice when ordering, if this is not accepted.
2. Offer and acceptance:
2.1 An offer made by Targethouse is based on the salaries and material prices applicable at the time of the offer and will not be binding until the order confirmation has been sent by the Targethouse or if no order confirmation is submitted by the order execution.
2.2 The Buyer’s terms and conditions of purchase are without legal effect even if Targethouse has not explicitly rejected them.
3. Prices and price controls:
3.1? If not stated otherwise, all prices are exclusive of VAT and applicable taxes.
3.2 The price quoted by Targethouse on an order confirmation is binding.
3.3 Targethouse reserves the right to regulate prices without notice.
4. Payment Terms:
4.1? Net cash on delivery, unless otherwise agreed in writing.
4.2? In case of late payment by the buyer, Targethouse has a default interest rate of 1.5% per. month from due date, and reminder fee and any collection costs.
4.3 Purchase on credit can be given if a written agreement has been made on this, and in that case it applies under item. 5.
5. Purchase on credit:
5.1 Targethouse may grant the buyer credit on payment, if a written agreement has been made.
5.2 A prerequisite for credit is that the buyer is obliged to provide:
ZIP code. and City
• In the case of privately run companies, the holder’s name and two recent private addresses are also disclosed.
5.3 If the buyer is granted credit, any change of address must be notified immediately
5.4 Other terms for the credit agreement are stated in the trade agreement between the buyer and TargetHouse.
6.1 Delivery of orders from Targethouse is exclusive of freight ab stock
6.2 Delivery takes place to a place designated by the buyer.
6.3 For production orders and orders for specially manufactured goods, reserve Targethouse is entitled to a +/- 15% quantum deviation.
7.1 Orders for our stock items delivered before 10:00 pm 16:00 will normally be delivered within 3 working days, unless other delivery times have been agreed in writing.
7.2 If there is an order confirmation from Targethouse, the time of delivery is stated in this which applies.
7.3 If Targethouse’s timely delivery is prevented by circumstances as described in section 10 (force majeure), the timing of timely delivery is postponed by a period corresponding to the duration of the obstacle. However, both parties must be able to cancel the agreement in writing and without charge when the obstacle has lasted for more than 30 days.
7.4 If the timely delivery of Targethouse is impeded by circumstances due to the buyer’s circumstances, the timely delivery shall be postponed for a period corresponding to the duration of the obstacle.
8. Determination of defects and complaints:
8.1Upon delivery, the buyer is obliged to immediately check the delivered and without undue delay and no later than 8 days after receipt to advertise to the Targethouse in case of errors or deficiencies found.
8.2 If, in the event of visible defects or deficiencies, which are or should have been discovered, the Buyer fails to advertise as stated in point. 8.1, the access to the fault or defect is forfeited.
8.3 If defects are detected in the delivery, Targethouse is entitled and obliged, at its option, to make a replacement, or if it is possible to remedy the defect.
8.4 In the event of visible defects and defects in the delivered goods which have arisen in connection with the transport, the buyer is obliged to notify the carrier in question and also to ensure that the driver on the bill of lading notes and acknowledges the errors and deficiencies found.
8.5 – Any claim, other than what follows from item. 8.3, such as claims for cancellation, price reductions, compensation for both direct and indirect losses, Targethouse is irrelevant unless the buyer proves that there is gross negligence on the part of Targethouse.
9. Product Liability:
9.1 – Targethouse is solely responsible for personal injury and property damage to the extent that it complies with the Product Liability Act, Act No. 371 of 7 June 1989, with possible amendments, cf. the EC Directive (ADIR 1985, 374).
9.2 To the extent that Targethouse was liable for product liability towards third parties, the Buyer is obliged to indemnify Targethouse to the extent that TargetHouse’s liability is limited in section. 12th
10. Force majeure:
10.1 The parties’ obligations under the present terms of sale and delivery and under any agreement reached shall only be conditional upon the performance of the obligations not being hindered or unduly difficult or costly due to circumstances beyond the control of the parties. and which the parties could not foresee (force majeure) at the conclusion of the agreement, eg. – but not limited to – mobilization, war, blockade, rebellion, energy crisis, epidemics, state intervention, including ban on import and export, introduction of landfill schemes, conflicts, including conflicts with Targethouse, fire and machine damage.
10.2 – The provision in paragraph. 10.1 also applies in the event of delayed, defective or missing deliveries from subcontractors due to the circumstances mentioned in the provision.
10.3 If one of the parties wishes to invoke force majeure, that party shall, without undue delay, notify the other party in writing.
11.1 Targethouse only receives returned goods by prior agreement, and enclosed copy of the invoice and only if the delivered item is returned unused and undamaged and in original packaging within 30 days after delivery. Seasonal items cannot be returned.
11.2 Goods returned and / or manufactured specifically cannot be returned.
11.3 Returns are at the buyer’s expense and risk.
11.4 The buyer is credited with the full amount excluding freight and handling fee and with a deduction of 15% credit.
12. Limitation of Liability and Disclaimer:
12.1 Targethouse’s liability and product liability are limited to that in section 8 and 9.
12.2 Targethouse’s liability to the buyer can never exceed an amount corresponding to the invoice amount for the delivered delivery.
12.3 Targethouse disclaims all responsibility for any indirect loss, including operating, time and profit losses.
12.4 The Targethouse and the Buyer are mutually obliged to notify each other of any claim for damages raised by a third party against one of the Parties regarding any of the terms and conditions of this Agreement.
13. Governing Law and Disputes:
13.1 Any dispute arising out of these Terms of Sale and Delivery or in connection with any Agreement covered by these Terms of Sale and Delivery shall be settled
Market Select ApS | Gammel Nybyvej 24 | 5700 Svendborg | MAIL: firstname.lastname@example.org
Targethouse.dk | Tel. +45 2210 1892 | MAIL: email@example.com