Terms and Conditions
1. Quotation and Order Confirmation
The following General Terms and Conditions of Sales and Delivery apply to any order placed with LYSTA A/S, regardless of any terms which may be different from the order placed by the customer. A written order is binding for the customer as soon as LYSTA A/S has received it.¬ An order is only binding for LYSTA A/S when the customer has received a written order confirmation from LYSTA A/S.¬
2. Place of Delivery
The place of delivery is ex works, Farum, unless otherwise stated in the order confirmation. If the customer requires the product delivered to his premises, delivery will be at the customer’s own expense and risk.
Transport insurance is not included in the purchase price and will only be taken out at the customer’s special request.
3. Time of Delivery
The time of delivery is fixed upon e¬ntering into the agreement. If the customer has not stipulated an exact time of delivery in writing, LYSTA A/S undertakes no liability for delayed delivery. The customer becomes liable for the product as soon as it is ready for delivery after the agreed delivery date, even if the product is still at the premises of LYSTA A/S.¬¬
As soon as the product has left the premises of LYSTA A/S, the customer takes over the liability for damage to and delay of the product, regardless of whether the transportation of the product from the place of delivery is carried out by LYSTA A¬/ S or others.
4. Force majeure
LYSTA A/S undertakes no liability for non-fulfilment of commitments specified in confirmed orders in the case of force majeure, wars (whether declared or not), riots, civil rebellion, acts, orders or requests of any Government and/or any national authority, strikes, lockouts, export and/or import prohibitions, lack of or insufficient supplies from sub suppliers, shortages of labour, fuel and/or power, accidents during manufacturing or testing or any other reason beyond the control of LYSTA A/S which might delay or obstruct manufacture and/or delivery of the product.
If one or more of the above mentioned circumstances temporarily obstruct correct or punctual delivery, the time of delivery is postponed by a period of time corresponding to the duration of the obstructions. If it is assumed that the delivery obstruction will last for more than three months, LYSTA A/S is entitled to cancel the purchase without this cancellation constituting, in any way, a violation of the purchase agreement.
5. Product Liability
LYSTA A/S is only liable for personal injury if it can be proved that the injury is due to defects or serious negligence on the part of LYSTA A/S or others for whom LYSTA A/S is liable.
LYSTA A/S is not liable for any damage to personal property or real estate which may occur while the products are in the customer´s possession. Nor is LYSTA A/S liable for damage to products manufactured by the customer, or to products in which the LYSTA A/S product is integrated, unless the damage is due to defects intentionally caused by LYSTA A/S or others for whom LYSTA A/S is liable.
LYSTA A/S is not liable for loss of profits, loss of earnings, or other indirect losses.
LYSTA A/S’ products must not be re-exported to the USA without the written consent of LYSTA A/S.
LYSTA A/S guarantees the quality and workmanship of a product deliver¬ed for 12 months from the date of sale. Lysta is not liable for any costs associated with delivery under guarantee or suspension of operations. In the event that it can be proven that a defective product has been delivered, LYSTA A/S has the right to choose either to replace the defective product free of charge by delivering a new, corresponding product to the customer, ex works, and according to the General Terms and Conditions of Sales and Delivery stated and/or according to special terms stipulated for the delivery in question, or to repair the defective product so that it is in working order according to the terms of the contract, or to credit the customer for the defective goods against their return to LYSTA A/S at the customer’s expense, or to grant the customer a price reduction on the goods. The warranty for used equipment is usually 6 months unless otherwise agreed.
The above options are subject to the condition that a written complaint is sent to LYSTA A/S by registered letter at once and not later than 20 days after the defect in question has or should have been detected, and not later than one year after the date of invoice for the defective delivery. Furthermore, the above is subject to the complaint originating from defective materials, processing, or manufacture, and not being attributable to faulty operation, storage, assembly or negligence on the part of others than LYSTA A/S or deficient maintenance and/or abnormal wear and tear.
LYSTA A/S is not liable for any demands made in excess of LYSTA A/S´ above mentioned warranty such as cancellation, deductions, costs and expenses for repair, transport etc. However, LYSTA A/S is liable for wilful tort or negligence by its employees.
7. Returned products
A product can only be returned according to a special agreement with LYSTA A/S and on condition that the product is returned within three weeks of the date of invoice, that the product is unused and undamaged, and that the product is still sealed in LYSTA A/S´ quality sealing. If the product is returned with a broken seal, an amount will be deducted at the discretion of LYSTA A/S.
LYSTA A/S reserves the right to change prices without notice.
a) With the reservations mentioned in the subparagraphs b), c), d) and e) below, all sales are effectuated at the prices which LYSTA A/S has published as valid on the date of quotation or order confirmation. Unless otherwise clearly stated in the quotation or order confirmation, all prices are stated ex works.
The prices stated are exclusive of packing, value-added tax, customs duties, as well as other duties imposed on the products in Denmark or abroad, provided that other conditions are not clearly stated on LYSTA A/S´ order confirmation.
b) The stated prices are subject to increase in wages, raw materials, freight charges, import duties, indirect taxes and/or other costs incurred after the date of quotation or order confirmation, but prior to the date of invoice, and being of importance for the total costs of the products delivered.
c) Increases in prices which are not due to one or more of the circumstances mentioned under b) above, can only effectuated, if prior notice has been given.
An order confirmed by LYSTA A/S before notice of a price increase has been given is invoiced at the prices valid prior to the announcement of price increase, unless other conditions such as mentioned in paragraph b) apply
d) If payment takes place in foreign currency, any debasement of the value of the foreign currency in question which occurs between the date of confirmation of order and payment, in accordance with the Copenhagen Stock Exchange, is to be settled by a corresponding rise in the amount to be paid.
e) The customer covers all costs in connection with payment to or through another financial institution than the one indicated by LYSTA A/S.
a) Payment takes place on the basis of the invoice. If payment is not effectuated immediately on the due date, the customer will have to pay a rate of interest of 1,25% per month calculated from the date of invoice and until the actual date of payment.
b) If the purchase sum is not paid punctually, LYSTA A/S reserves the right to withhold deliveries against existing orders and/or part deliveries which have not yet been executed, to prevent delivery of goods shipped and to cancel quotations previously sent until the customer has settled any arrears including interest and costs.
Irrespective of other terms of payment which the customer and LYSTA A/S may have been agreed upon earlier, LYSTA A/S is, in such cases, entitled to make future deliveries conditional on cash payment, or on prepayment for products ordered which have been specially manufactured for the customer in question.
10. Applicable Law, Jurisdiction
Any dispute and disagreement arising from a purchase agreement or having reference to the understanding of these General Terms and Conditions of Sales and Delivery are to be settled to general rules of Danish Law. Any dispute is to be settled by the “Copenhagen Maritime and Commercial Court”, Denmark.