Terms and conditions
These terms and conditions of business apply to all trade flow between QuickTube ApS (hereinafter referred to as “QuickTube”) and QuickTube’s customers (hereinafter referred to as “the Customer”).
2. Product information
All information about weight, dimensions and quality and other technical data in catalogues, prospectuses and other advertising material is indicative and binding only to the extent that they are expressly included as part of the partners’ agreement.
The Customer supplies QuickTube with all information, technical specifications, illustrations and other documentation required for QuickTube to honour the agreement.
All prices are excluding taxes, VAT and other charges. All prices are subject to changes in material prices, wages and salaries, transportation costs, taxes, duties, exchange rates, etc.
Delivery times are offered subject unsold and subject to changes in delivery times from subcontractors.
If QuickTube offers a written quote with no particular acceptance deadline, the quote lapses if QuickTube has not received an acceptance of the quote within two weeks after the quote date.
The Customer is responsible for ensuring that the technical data and the product in its entirety match their needs.
A materials certificate is supplied by appointment only. QuickTube verifies whether the certificate covers the needs of the Customer but does not verify the certificate information.
For the delivered total quantity, a margin of +/–10% of the specified quantity is reserved.
6. Orders and agreements
For an order to be binding for QuickTube, it must be confirmed in writing by QuickTube, and only these terms and conditions of business are applicable to the implementation of the order.
If the Customer has objections to the details of the order confirmation, they must be made in writing and sent to QuickTube no later than two working days after the date of the order confirmation.
Payment is made in cash upon delivery, unless otherwise agreed in writing by QuickTube. QuickTube may require prepayment. QuickTube is entitled to charge interest on overdue amounts at the interest rate indicated on the invoice.
The Customer is not entitled to offset a counterclaim against QuickTube which has not been validated in writing by QuickTube, nor is the Customer entitled to withhold any part of the purchase price due to counterclaims of any kind.
In case of overdue payment, QuickTube is entitled to postpone delivery of all the Customer’s orders and cancel some or all orders placed by the Customer.
8. Reservation of title
With the restrictions resulting from mandatory rules of law, QuickTube reserves ownership of goods sold until the entire purchase price and costs incurred have been paid to QuickTube.
Delivery is carried out from QuickTube’s address, regardless of whether the Customer employs their own staff or a third party under a separate agreement to ship the goods. Delivery dates are set by QuickTube at their discretion and in accordance with any pre-existing conditions at the time the quote was given and/or the agreement made.
Postponement of the delivery time by up to 30 days due to QuickTube’s relationship is considered timely delivery to prevent the Customer from exercising any power against QuickTube, unless otherwise agreed in writing.
If an overdue delivery is the result of QuickTube being in a situation as described in clause 15. Exemption from liability, the delivery date is postponed correspondingly with both Parties being entitled to terminate the agreement without liability if the delay has persisted more than three months.
This provision applies regardless of whether the cause of the delay occurs before or after the agreed delivery time has expired.
In the above case, QuickTube must inform the Customer of any changes in delivery time without undue delay.
Packaging is the Customer’s expense, unless expressly stated that it is included in the price.
Upon cancellation of a delivery, the Customer is obligated to pay full compensation, including lost profit, and otherwise indemnify QuickTube for all costs related to the cancellation.
12. Returned goods
Goods may not be returned for crediting.
13. Defects and complaints
Upon delivery, the Customer must immediately inspect the delivery as per the standard rules of procedure. Any defects in the goods sold will be remedied or redelivered at QuickTube’s choice and within a reasonable time.
If such a remedy or delivery is not carried out within a reasonable time, the Customer is entitled to terminate the contract, receive a discount or demand compensation in accordance with Danish law and these terms and conditions of business.
If the Customer wishes to claim for defects, they must inform QuickTube thereof immediately after any such has or should have been discovered. At QuickTube’s request, the Customer returns the goods to QuickTube or any other location at their own expense and risk for assessing the legitimacy of the complaint. If a defect for which QuickTube is responsible is found, QuickTube reimburses the Customer for transport costs. If the Customer has or should have discovered the defect, and they have not brought a claim for defects as stated above, they may not subsequently do so. Defective goods are the property of QuickTube and must be returned to QuickTube at their request.
If the Customer has not brought a claim for defects to QuickTube within six months after the delivery date, they may not subsequently do so. In case of repairs and replacement, QuickTube’s liability for defects does not extend to more than one year from the original delivery date.
14. Limitation of liability
A liability to the Customer may not exceed the invoice amount of the goods sold.
QuickTube is not liable for operating loss, profit loss or other indirect loss arising from the agreement, including indirect loss resulting from delays or defects in the goods sold.
The following circumstances exempt QuickTube liability if they prevent the fulfilment of the agreement or make it unreasonably burdensome.
15. Exemption from liability
Any circumstance outside QuickTube’s control results in an exemption from liability. This includes, but is not limited to, delays or defects in deliveries from subcontractors, war, riots and disturbances, confiscations, strikes, lockouts, export/import restrictions, adverse weather conditions, fire, lack of materials, labour or energy supplies or machine breakdowns.
QuickTube are obligated to inform the Customer without undue delay of any of the abovementioned circumstances.
16. Product liability
QuickTube is only responsible for an injury if it can be proven that it was caused by negligence on the part of QuickTube or others for whom they are responsible.
QuickTube is not responsible for damage to real or personal property.
QuickTube is not responsible for operating loss, loss of earnings or other indirect loss.
To the extent that QuickTube incurs liability to a third party, the Customer is required to indemnify QuickTube to the extent corresponding to QuickTube’s liability under the three preceding subclauses. If a third party
brings a claim for compensation against one of the Parties as set out in this subclause, the Party in question must immediately inform the other Party.
Any dispute between the Parties is settled before the Courts under Danish law.