Terms of Sale

The contract

Only the terms set out in this document shall constitute the contract between the Purchaser and Handelsselskabet Nordjylland A/S (known here-in as HNAS) for the sale of the equipment.

Delivery

Delivery of the equipment shall be effected when the equipment is turned over to the transporter at the place of delivery. Upon delivery the equipment shall be at the risk of the Purchaser in all respects.

Property of the equipment

The property of the equipment shall pass to the Purchaser when, and only when, payment in full has been received by HNAS.

Transport and installation

The Purchaser will undertake at its own expense the transport, relocation and commissioning of the equipment. The Purchaser shall at its own expense be fully responsible for all maintenance required for the equipment after delivery.

Delay

In case the delivery date is exceeded more than 30 days the Purchaser is entitled to cancel the contract unless force majeure is in question. With such a delay the Purchaser may claim damages for a loss suffered if the Purchaser proves that HNAS has shown gross
negligence.

HNAS’ responsibility for the loss that the Purchaser may suffer as consequence of the delay or of the lack of delivery shall under no circumstance exceed 10% of HNAS’ sales price to the Purchaser.

Cancellation of order

Cancellation of items in stock, can be done before dispatch from HNAS. Cancellation of items not in stock, can be done before HNAS has placed a purchase order with the subsupplier. Cancellation later than the above mentioned times, will result in a restocking fee of 25% of the sales price. HNAS should be notified in writing of the cancellation.
Refusal to receive the goods is considered a cancellation after dispatch, and will result in a restocking fee of 25% of the sales price, before a credit note can be issued.
The Purchaser is responsible for the return freight and insurance of the goods. The goods must be returned in sealed and original packaging.

Removal of equipment

The removal of the equipment from the Site to the new premises shall be completed within a period of 14 days of the date which HNAS shall inform the Purchaser is the delivery date, and if the Purchaser shall fail to remove the equipment within such period HNAS shall
thereupon be at liberty to procure that it is removed and stored at the expense of the Purchaser and the Purchaser shall immediately thereafter become liable to HNAS for the whole of the purchase price after deducting any deposit.

Notification of defects

The Purchaser is obliged to examine the equipment promptly on receipt and notification of defects shall be made in writing no later than 90 days upon invoicing of the equipment.

After this period the Purchaser can only make notification of defects, which could not be determined at such first-hand examination. Notification of defects shall be made in writing without any unfounded delay after determination of the shortcomings.

Upon the passing over of the risk of the equipment to the Purchaser HNAS shall bear no responsibility for shortcomings, apart from the liabilities set out in this clause. For that reason the Purchaser is not entitled to cancel the contract, claim damages or sustain any
other claim of non-fulfillment.

HNAS clearly disclaims responsibility for any indirect losses such as consequential loss, loss of time, loss of profits or the like that the shortcomings may have caused the Purchaser.

Force Majeure

The following circumstances result in exemption from liability when occurring after the conclusion of the contract and preventing its fulfillment:

Labor disputes, strikes, lockouts and any other circumstance on which the parties have no influence such as fire, war, mobilization, unforeseen military calling-up, sabotage acts, requisition, impounding, currency restrictions, import or export prohibition, rising, disturbances, lack of working plants, general lack of goods, restrictions in the means of

motive power, and lack of deliveries from sub-contractors or delay in such deliveries as described in any of the circumstances in this clause.

HNAS is entitled to inform the Purchaser in writing that the contract is cancelled when a fulfillment hereof in reasonable time is impossible due to one or more of the circumstances stated in this clause.

Product liability

In case a delivery from HNAS causes damage, HNAS is responsible to the Purchaser for personal injury if proved that the injury is caused by HNAS’ fault or negligence.

In relation to the Purchaser HNAS is not liable for damage on chattels personal or real property, just as HNAS is not liable for any loss of profits, lost wages or any other indirect or diverted loss.

In the event that HNAS may be held liable to third party according to the rules and regulations of product liability or according to general regulations on damage the Purchaser shall indentify HNAS as far as such a liability reaches beyond the limits stated
above. The Purchaser is obliged to have prosecutions against itself filed at the same court that tries the case of claims for damages against HNAS in the event of damage claimed to be caused by a mistake in one of HNAS’ deliveries.

Warranties

HNAS warrants that the equipment in question is sold free of all encumbrances, liens, charges and claims whatsoever.

PeakOptical® Limited Lifetime Warranty

The warranty is guaranteed for as long as the original End User continues to own or use the Product, provided that: fan and power supply warranty is limited to five (5) years. In the event of discontinuance of product manufacture, PeakOptical® warranty support is
limited to five (5) years from the announcement of discontinuance.

Pick up and return warranty service

Your 90 days Limited Warranty includes a pick up and return warranty service. Under the terms of pick up and return service, HNAS will pick up the defective unit from your location, repair it, and return it to your location. HNAS will incur all repair, logistics, and
insurance costs for this type of service.
HNAS reserves the right to replace the product with a similar, refund or issue a credit
note.

Payment

Payments must be made prior to delivery by bank transfer, unless otherwise agreed.
Business customers may apply for payment terms, based on credit approval. Overdue balances are charged with 1,5% interest per month. Interests are calculated monthly and will be added a fee of DKK 100.

Order fee

Sales orders under DKK 1.000 (EUR 150, USD 200) excluding VAT, are subject to an order fee of DKK 100 (EUR 15, USD 20).

Assistance by HNAS

If HNAS agrees to assist in the delivery and shipping arrangements it shall do so without any responsibility, but shall use all care in such assistance.

Assignment

The contract will not be assignable by the Purchaser without HNAS’ written consent, which HNAS shall be entitled to its discretion to refuse.

Settlement of disputes

For sales to customers in Denmark any dispute between the two parties shall be settled at the Court of Aalborg, notwithstanding that the nature of the dispute may be a High Court case.
For sales to foreign customers any dispute shall be settled in accordance with the rules and regulations of the Danish jurisprudence at the Court “Sø- & Handelsretten” in Copenhagen.

Handelsselskabet Nordjylland A/S, March 2014
ver. 2.2
legal@hn-as.com

Handelsselskabet Nordjylland A/S | Foelfodvej 28 | 9310 Vodskov | Denmark | Telephone +45 9950 5000 | Fax +45 9950 5001

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