1. General terms
1.1. Any delivery from iTOOLS shall be made according to the present terms of sale and delivery to the extent that they have not explicitly been deviated from or modified by another written agreement.
2.1. Offers given by iTOOLS shall be binding for 30 days after the date when the offer is made, after which the offer shall lapse.
2.2. Agreements between the buyer and iTOOLS shall not be considered concluded until the agreement has been confirmed in writing by iTOOLS.
3. Terms of payment
3.1. The purchase amount shall be due 14 days net from invoicing unless otherwise agreed in writing.
3.2. If payment is not made on time, interest shall be added from the due date on the amount owing at any time at 2 per cent for each month or fraction thereof.
3.3. A charge of DKK 100.00 shall be added for each reminder.
3.4. If the buyer does not observe his/her payment obligations towards iTOOLS, iTOOLS reserves the right to withhold additional deliveries until full payment of all amounts owing has been made.
3.5. iTOOLS reserves full property right to the products sold until the full purchase amount has been paid.
4. Terms of delivery
4.1. Delivery shall be made according to Agreement and Inco terms 2010.
4.2. Delivery shall be made within normal working hours.
4.3. If no other agreement has been made, the terms of delivery shall be Inco terms 2010 EXW iTOOLS.
4.4. Delivery shall be considered effected when the product has been made available by iTOOLS to the buyer at the place of business of iTOOLS. Any risk shall pass to the buyer on delivery.
5.1. Disposable packaging is included in the price and will not be credited if returned.
5.2. Recoverable packaging is not included in the price and shall be invoiced.
6.1. The buyer shall be obliged immediately to check the product received as necessary to establish any defects in the product delivered.
6.2. Transport damage shall immediately and without delay be reported to the carrier in writing directly on receipt. After consultation with iTOOLS, acceptance can be denied in case of material transport damage.
6.3. If the buyer wants to give notice of defects, this shall be done in writing within eight days of delivery, unless the defect could not be established through normal examination. If the buyer fails to do so, the buyer cannot later claim the defect. The responsibility of iTOOLS shall in all circumstances lapse one year after delivery of the product.
7. Price regulation
7.1. Any delivery shall be made at the prices which apply on the date of delivery. Prices and offers are exclusive of VAT, EXW and other public-sector taxes, charges, etc., in connection with the delivery.
7.2. iTOOLS reserves the right to change prices without notice.
8.1. Any disagreement or dispute between the parties regarding the present terms of sale and delivery shall be settled in Denmark at the ordinary courts according to Danish law.
9.1. Articles can only be returned according to written agreement between the parties. It is always a condition for crediting returned articles that they are marketable, undamaged and in original, unopened packaging.
9.2. For any return of articles, cf. item 9.1, a deduction of 20 per cent shall be made compared with the original purchase amount.
10. Limitation of liability
10.1. For claims regarding the Seller's observance or failure to observe his obligations, the Buyer shall be entitled to compensation for direct losses.
10.2. The Seller's liability shall be limited to direct damage/loss and shall – regardless of cause and regardless of the type of claim – be limited to the largest of the following two amounts: DKK 100,000 or the amount invoiced for the service causing the damage/loss or causing or directly related to the claim for compensation.
10.3. The Seller shall in no circumstances be liable towards the Buyer for lost profit, lost savings or other indirect loss or consequential damage due to use of the article sold or lack of possibility to use the article, regardless whether the Seller has been informed of such potential claim.