1. Application
1.1.These General Terms and Conditions of Sale and Delivery apply to all deliveries from Hosta Industries unless otherwise agreed in writing.
2. Quotes and order placement
2.1.Quotations given by Hosta Industries are valid for 30 days from the date of the quote. Orders are only binding when Hosta Industries’ written order confirmation has been sent. In case of a discrepancy between the quote and the acceptance of the offer, Hosta Industries’ order confirmation is valid.
3.Delivery
3.1.Delivery is ex-works, in accordance with applicable Incoterms. In the event that Hosta Industries cannot deliver on time due to circumstances which must be regarded as force majeure, delivery time is postponed. In these cases, Hosta Industries must notify when delivery can be expected to take place.
3.2. If the buyer is unable to collect the goods at the agreed time, Hosta Industries will ensure that the goods are stored at the buyer’s expense and risk.
3.3. In case of delay, Hosta Industries is not liable for indirect losses, such as lost profits, business interruption, consequential damages or costs.
4. Price and payment
4.1.Unless otherwise stated, all prices quoted by Hosta are in Danish kroner excl. VAT and other charges from public authorities. Hosta Industries reserves the right to adjust for changes in public authority charges, freight, insurance and price and wage increases, including changes to prices from subcontractors and material price fluctuations.
4.2. Packaging in the form of EUR pallets and Hosta-labelled pallet collars and boxes delivered by Hosta Industries are credited to the buyer when returned freely to Hosta Industries’ address.
4.3. Payment terms are the current month plus 10 days unless otherwise agreed. In case of late payment, an interest of 1% per month from the due date is added.
5.Ownership
5.1. Hosta’s delivery remains Hosta Industries’ property until full payment has been made.
6. Liability for defects
6.1.The buyer is obliged to inspect the goods as soon as is possible, and no later than 8 days from delivery. In order to be taken into consideration, any defect that might be identified by such an inspection must be notified in writing no later than 14 days from the receipt of the goods.
6.2. Regardless of circumstances, Hosta Industries’ liability exclusively covers defects discovered no later than 1 year from the day the goods were made available to the buyer.
6.3. In case of defects, Hosta Industries is entitled and obliged to remedy these by Hosta Industries’ choice of repair or replacement. Any defects shall not entitle the buyer to a price reduction or cancellation of the agreement.
6.4. Should Hosta Industries recognise the existence of a defect, the buyer must return the defective workpiece(s) to Hosta Industries at the buyer’s risk and expense.
6.5. Hosta Industries is not liable for defects to an extent beyond the above. This applies to any loss the defect may cause, including loss of profits, loss of earnings and other indirect losses and costs.
7. Product liability
7.1.For product liability, the rules in Danish law in force at the time in question apply. However, Hosta Industries can never be held liable for consequential loss, loss of earnings, secondary damage or other indirect loss or cost.
7.2. Hosta Industries is not liable for damage caused by the delivery
a. to third parties, real or personal property, occurring while the goods are in the buyer’s possession or resold to third parties
b. to products manufactured by the buyer or to products of which these are part, or for damage to third parties, real or personal property, which these products cause because of the workpiece.
7.3. The buyer must keep Hosta Industries indemnified to the extent Hosta Industries is made liable to a third party for such damage or loss for which, pursuant to the above, Hosta is not liable to the buyer.
8. Choice of law and jurisdiction
8.1.Any dispute that may arise between Hosta Industries and the buyer shall be settled in accordance with Danish law and with the Court of Aalborg as the venue.
Please contact us if you have questions about our terms and conditions of sale and delivery.