1.1. These terms (hereinafter referred to as the “Terms”), which at all times take precedence over the customer’s terms of purchase, regulate the terms of trade with Contigo.
1.2. A deviation from the Terms and Conditions is only valid if the change has been agreed in writing and agreed to by Contigo in each individual case.
2. Offer, acceptance and order confirmation
2.1. If Contigo submits an offer, this is only binding on Contigo if accepted within 30 days of the date or within the shorter acceptance period that may be stated in the offer.
2.2. Upon Contigo’s submission of an offer, the customer’s acceptance deadline is 14 days from the date of the offer, unless the customer has been granted a shorter or longer acceptance deadline in the specific offer.
2.3. Any conflicting acceptance of offers will result in the termination of the offer.
2.4. Immediately after the customer’s acceptance, cf. above, Contigo sends an order confirmation. If the order confirmation deviates from the customer’s order, Contigo’s order confirmation is valid if Contigo has not received the customer’s objections within 5 days of receiving the customer’s order confirmation.
3.1. All prices quoted by Contigo do not include VAT.
3.2. All prices are submitted on the basis of the level applicable to salaries, material prices and other costs applicable on the date of submission of the offer.
3.2.1. If the customer has asked Contigo to prepare the layout, interest drawing, test print, cromalin / proofs, etc., Contigo is entitled to have this work paid for.
3.2.2. If in the period up to the completion of the delivery there have been increases in material prices, public taxes or other unforeseen costs, Contigo is entitled to adjust the price with such documented increases.
3.2.3. Prices in Danish kroner are based on the exchange rates applicable at the time of submission of the offer. If the exchange rate of a foreign currency changes significantly and at a time that is due for payment of Contigo’s invoice receivable, Contigo is entitled to change the price accordingly. A significant change means a change in the exchange rate of at least 2% to the detriment of Contigo
3.3. In addition to the price offered or agreed, Contigo is entitled to demand payment for:
3.3.1 Work incurred as a result of the basic material provided by the customer to the supplier proving to be incomplete, unsuitable or defective, or corrections being made to the delivered material after the work has commenced.
3.3.2. Overtime or other measures to be agreed with the ordering party after the conclusion of the agreement.
3.4. All prices are intended for delivery to the specified address on the ramp or sidewalk. Costs for transport beyond the space’s boundaries and for transport security thereof are paid by the customer in addition to an agreed price, cf. 3.3.
3.5. If the customer wishes, and Contigo undertakes to store finished work, material or finished printed material or paper, which belongs to the customer or his partners, the customer pays remuneration for this in addition to the agreed price.
4. Payment terms
4.1. The payment terms are 8 days net unless otherwise expressly agreed.
4.2. If the purchase price is not paid on time, default interest will be charged from the due date. The default interest rate is 2% per. commenced month.
4.3. Agreed discounts are only granted if payment is made on time, cf. 4.1. In the event of late payment, Contigo is thus entitled to invoice the customer for the discount granted.
4.4. Agreed discounts are only provided if payment is made on time to Contigo’s account.
4.5. At Contigo’s request, the customer is at all times obliged to provide a bank guarantee as security for payment. If the request is made after the conclusion of the agreement, Contigo is obliged to indemnify the customer for any expenses associated with this.
4.6. If the customer’s financial circumstances are the reason why an agreement cannot be implemented continuously, Contigo is entitled to partial invoicing.
5. Passing of risk
5.1. The risk passes to the buyer upon delivery.
6. Delivery, place of delivery and delay
6.1. Delivery takes place at the agreed location. The place of delivery is the buyer’s specified place. Delivery takes place on a ramp or sidewalk. All shipments beyond the boundaries of the site are made at the customer’s expense, cf. 3.4, and risk. Contigo is obliged to, at the buyer’s request and at his expense, cf. 3.4, to draw a transport insurance policy.
6.2.With those in ref. 6.3. mentioned reservation, delivery takes place at the time agreed with the customer. If no such delivery time is agreed, delivery will take place when the work is completed.
6.3. Delayed or prevented delivery due to any of the in pkt. 7.3 and 7.4 mentioned or the customer’s action or omission, Contigo is entitled to a corresponding extension of the delivery time or to terminate the agreement. Should an event such as the above result in the fulfillment of Contigo’s delivery obligations become more expensive for Contigo, Contigo is obliged to carry them out if the buyer declares that he will indemnify Contigo by paying the additional price calculated by Contigo.
6.4. The place of delivery is the buyer’s specified place, intended as delivered on a ramp or sidewalk. All shipping beyond the space’s boundaries is done at the customer’s expense, cf. 3.4, and risk. Contigo is obliged to, at the buyer’s request and at his expense, cf. 3.4, with take out the desired transport insurance.
7. Delivery time and delay
7.1. Any indication of delivery time is approximate.
7.2. If delivery is less than 1 week delayed in relation to the estimated delivery time, the Buyer is not entitled to terminate the agreement and in addition is barred from asserting any kind of default rights. is less than 1 week delayed in relation to the estimated delivery time.
7.3. In the event of delay and in the event of defects in the delivered goods, Contigo shall have no liability where the delay or defect is due to defects in or damage to production equipment that has demonstrably caused delay or damage to production, in cases of force majeure, including in cases of labor disputes, any production stoppage and / or production stoppages in the supply chain, outbreaks of epidemics and pandemics, import and export restrictions on materials, raw materials, etc. in the supply chain, as well as other matters beyond Contigo’s control, such as fire, water damage, natural disasters, war, mobilization, military calls, requisitioning, seizure, rebellions, riots, currency restrictions, lack of means of transport, general shortage of goods, restrictions on driving force and other similar force ma-jeure situations. These terms applies correspondingly if a situation covered by the above occurs to Contigo’s subcontractors, partners and others.
7.4. In the event of delay or in the event of defects in the delivered goods, Contigo is not liable for the customer’s loss of income and operations, loss of profit, loss of goodwill or other direct and indirect losses as well as the customer’s possible consequential losses, including the customer’s obligations to third parties.
8.1. Contigo is not responsible for errors that the ordering party has not addressed during proofreading or in reproduction proofs.
8.2. Minor deviations from the approved test sample or agreed upon specification do not entitle the buyer to a price reduction or to refuse to receive the order.
8.3. Contigo is entitled to a lower delivery of up to 5% of the agreed circulation against a proportional reduction of the price. In cases where paper is provided specifically for the order by the customer, Contigo is not responsible for the suitability of the paper and Contigo is entitled to a minor delivery of up to 10% of the agreed circulation without a corresponding reduction of the price.
8.4. If the delivery proves to be defective, the customer is obliged to immediately and within 5 days after delivery to complain about this. If a complaint is not made, or the customer complains too late, the customer loses the right to claim the defect.
8.5. If the customer himself provides paper or other material for the delivery and / or has special requirements for the delivery, Contigo is not liable for such errors or defects that can be attributed to it, including but not limited to the delivery’s lack of suitability, visual expression, quality, etc.
8.6. If what is supplied by Contigo is defective, the Buyer is only entitled to demand a proportionate refusion. In addition to a proportionate refusion, the customer waives the right to exercise other powers, for example, claiming compensation, re-delivery, etc.
9. Product liability
9.1. Contigo is responsible for any product liability in accordance with Danish law, cf., however, below.
9.2. Contigo is only liable for business damage if it is documented that the damage is due to Contigo (or its partners) having committed errors that should not have been averted during the customer’s inspection of the delivered products. Contigo is never responsible for damage to the customer’s production, production and operating assets as well as products that are packaged in / labeled with the products delivered by Contigo, or on items in the manufacture of which these products are included. Contigo is not responsible for loss of income and operations, loss of profit, loss of goodwill or other indirect losses as well as any consequential losses, including the customer’s obligations to.
9.3. If Contigo is held liable to third parties that go beyond the stipulated limits for the supplier’s liability, the customer is obliged to indemnify Contigo for this and for any legal costs.
10. Infringement of intellectual property rights.
10.1. The customer is without limitation responsible for having the rights to the production of the material that Contigo delivers to the customer and thus responsible for any infringement of third party intellectual property rights.
10.2. To the extent that a third party raises a claim against Contigo regarding a violation of a third party’s rights, the customer is responsible for indemnifying Contigo for any costs in that connection as well as any legal costs. If a ban or similar is imposed on the production of a given product, the customer is nevertheless obliged to pay Contigo the agreed amount, regardless of whether delivery thus takes place.
10.3. Contigo has no liability for loss or damage to property, such as originals, materials, etc. which is not the property of Contigo. The same is equivalent, if the customer’s property according to agreement is in the possession of Contigo’s subcontractors. The customer is responsible for taking out adequate insurance of his property.
11.1. If the Buyer finds defects in the delivered goods, he must complain immediately and no later than 5 working days after delivery.
11.2. The complaint must be submitted in writing and contain a description of the reason for the complaint and which powers the Buyer wishes to assert.
11.3. If the customer complains too late, cf. 11.1, the customer automatically loses the right to claim the defect
12. Liability and compensation
12.1. The size of the claims that the customer can raise against Contigo is limited.
12.2. Regardless of the legal basis on which a claim is raised, a claim against Contigo in connection with a delivery may not exceed 50% of the value of the order which gave rise to the claim.
12.3. Notwithstanding the above, Contigo is not responsible for the customer’s loss of income and operations, loss of profit, loss of goodwill or indirect loss as well as the customer’s any consequential loss, including the customer’s obligations to third parties.
13. The buyer’s financial conditions
13.1. If, in Contigo’s opinion, the customer’s financial circumstances are not satisfactory, Contigo is entitled to cancel the customer’s orders at any time, unless the customer immediately, upon request in writing, pays for all previously delivered goods, and prepays orders not yet executed. or alternatively provides security for the payment in the form of a bank guarantee.
13.2. If the customer does not make payment in accordance with the preceding provision or provides a bank guarantee in accordance with the preceding provision, Contigo is entitled to terminate the incoming agreement at any time and demand compensation in the form of a positive performance interest
14. Applicable law and jurisdiction
14.1. Any dispute between Contigo and the customer must be settled in accordance with Danish law (with the exception of Danish conflict-of-law rules) at the court in Aarhus as the agreed venue in the first instance. This provision does not affect the parties’ ability to have a possible case in the first instance transferred to the Western High Court for consideration. A possible event takes place in accordance with the rules of the Administration of Justice Act.