| |
|
1. Definitions
You the Customer a person or company buying or using Ewa & Co. Products.
Consumer a private person buying Products for private use.
Ewa & Co. (us, our) the Product vendor as identified on your invoice.
Order Confirmation acknowledgement of Product ordered by you, sent by Ewa & Co..
Price stated in Order Confirmation.
Product as described in Order Confirmation, may include 3rd Party Products.
3rd Party Products stated in Order Confirmation, not branded or manufactured by Ewa & Co.
2. Application
This Agreement applies to this sale, service and all statements made by Ewa & Co. in brochures, price lists, adverts, quotations, on the internet or verbally. Variations to this Agreement must be made by Ewa & Co. in writing. Any other Terms, Conditions or Purchase Orders are excluded. Placing your order means acceptance of this Agreement. Ewa & Co. may change this Agreement at its choosing.
3. Orders/Contract
Orders are accepted by writing, internet, telephone or fax but are only binding when accepted by Ewa & Co. and Ewa & Co. sends out the Order Confirmation in writing. Please check the Order Confirmation and notify Ewa & Co. of any mistake in writing immediately or the details stated in the Order Confirmation will apply to this Agreement.
4. Price & Payment Terms
Quotations are only valid in writing and during the period that they state. If unstated, the period is 30 days (10 days for 3rd Party Products). Ewa & Co. reserves the right to change Products (incl. 3rd Party Products) at any time but Ewa & Co. guarantees you at least equivalent functionality and performance.
Price includes Danish VAT of 25%, but excludes shipment and insurance. Exchange rates, duties, insurance, freight and purchase costs may cause Ewa & Co. to adjust prices. All ordres are due to Prepayment or to 15% deposit if the product is on backorder and has to be especially purchased from the producer. Ewa & Co. may suspend deliveries until full payment. Cheques may only be accepted conditionally.
5. Delivery/Title/Risk
The delivery period in the Order Confirmation is approximate and in every case will be confirmed. Delivery by instalments may be made. The place of delivery is stated in the Order Confirmation. Title to Product passes on full payment.
6. Acceptance
When you receive Product you must inspect it promptly and within any statutory reasonable period for inspection or rejection, if any. The brokage during the transportation has to be reported immediately if the parcel is damaged or for hidden damages within 7 days after arrival. After this period, you will have accepted Product. If Ewa & Co. agrees to the return of Product, it must be in its original condition with packaging, a return note and proof of purchase; the return costs may also be payable by you.
7. Warranty
Ewa & Co. guarantees to you that Product (excl. 3rd Party Products) will be free from defects for 24 months from delivery as stated by Danish low. All warranty conditions are not valid if the product is not used as stated in our specifications. Should Product be defective within this period, Ewa & Co. will replace Product within a reasonable time. You must allow Ewa & Co. to examine Product at your or Ewa & Co.'s premises (at our choosing). Ewa & Co. owns any replaced Product. All reasonable care and endeavour shall be used to resolve problems within a realistic period in the circumstances.
8. Liability
Ewa & Co. does not accept liability for 1) indirect or consequential loss, 2) loss of business profits, salary, revenue, savings, 3) damage remedied by Ewa & Co. within reasonable time, 4) all items excluded from the Warranty or by Force Majeure.
9. Force Majeure
Ewa & Co. is not liable for delays in performance (incl. delivery or service) caused by circumstances beyond its reasonable control and will be entitled to a time extension for performance; examples include strikes, supplier / transport / production problems, exchange fluctuations, governmental or regulatory action and natural disasters. If this lasts more than 2 months, this Agreement may be terminated by either party without compensation.
10. Termination
Ewa & Co. may terminate this Agreement with written notice if you: 1) fail to pay on time and within 14 days of written notice. 2) Either party may terminate if the other: 1) commits a material or persistent breach of this Agreement and fails to remedy this within 30 days of written notice from the other; or 2) becomes insolvent or is unable to pay debts as they fall due.
11. Your obligations as a Customer
You are responsible for:
a. your own choice of Product and its suitability for purpose;
b. your telephone & postal charges in contacting Ewa & Co., if any;
12. Consumer Rights
If you are a Consumer you may cancel your purchase at any time within 14 days of receipt and receive a refund of the Price paid. To do this you must inform Ewa & Co. in writing and return the products immediately, in the same condition you received them and at your own cost and risk. Any statutory Consumer rights are unaffected by this Agreement.
13. Jurisdiction
Danish law and the exclusive court jurisdiction of the Danish courts will apply to this Agreement. The Vienna Convention on Contracts for the International Sale of Goods is excluded.
14. Miscellaneous
If any part of the Agreement is found to be invalid or unenforceable by a court, the rest is unaffected. Ewa & Co. may subcontract its obligations to a competent third party. Otherwise, neither party may assign or transfer any obligations or rights. All notices must be in writing (by hand, email, fax or 1st class post deemed delivered 48 hours after posting) and sent to a legal officer of either party.
15. You can find all Ewa & Co. policies and notices
via www.EwaandCo.com and you should refer to this site for any further updates.
Thank you for doing business with Ewa & Co. |
|
|
|
