Terms and Conditions for Business Customers

Terms and Conditions for Business Customers

Version: 1.6

Basis of Agreement
Unless otherwise agreed in writing between the parties, all deliveries are made in accordance with the terms and conditions of sale and delivery set forth below.

Prices
Prices and other information listed in price lists, etc., are always considered indicative and exclude customs duties, VAT, government taxes, and similar charges. If price increases or similar circumstances occur prior to delivery from the seller’s supplier, as well as increased customs duties or other taxes, the price will be adjusted accordingly. Delivery in cut lengths is available for an additional cutting fee. AAG also adds an environmental fee to all invoices.

Delivery
Agreed delivery terms shall be interpreted in accordance with the Incoterms in effect at the time the agreement is entered into. Unless otherwise agreed, delivery shall be deemed to have taken place “Ex Works”. Packaging costs are charged separately, unless otherwise agreed.

If the seller fails to deliver within the agreed delivery period, the buyer may, in writing to the seller, set a reasonable final delivery deadline, which must not be less than 7 days from the date of notification of the final delivery deadline. If delivery does not take place within this period, the buyer may terminate the agreement by giving written notice to the seller. The buyer may claim compensation only if the delay is due to circumstances for which the seller bears the risk. However, the seller’s liability for damages resulting from a delay may never exceed the value of the goods delivered. The seller’s liability for damages does not include the buyer’s operating losses, loss of profit, or other indirect losses.

If installment deliveries have been agreed upon, each delivery shall be considered a separate delivery. Consequently, the buyer is not entitled to terminate the agreement with respect to the remaining deliveries in the event of defects in a single delivery.

Returns
Returns are accepted only by prior arrangement and upon the buyer’s payment of return shipping costs. The buyer bears the risk of loss during shipping. Items that have been opened, custom-made, or procured at the buyer’s request are not eligible for return. Any repackaging or re-wrapping of the returned item is at the buyer’s expense.

Terms of Payment If amounts due are not paid on time, late payment interest of 2% per month or part thereof will accrue from the due date. New customers must pay by cash on delivery or net cash, unless otherwise agreed.

Retention of Title
The goods remain the property of the seller until full payment has been received.

Sample Products
If, prior to delivery, the buyer has received a sample of the product to be delivered and approves this sample without reservation, the buyer is precluded from making any claims regarding defects in the delivered goods upon delivery, provided that the delivered goods meet the same standard as the approved sample. If special models, molds, or other tools are necessary for the manufacture of the ordered goods, the buyer shall bear a share of the costs associated with their manufacture. Unless otherwise agreed between the parties, such models, molds, or other tools shall belong to the seller.

Patents, design rights, copyrights, etc.
If the buyer provides the seller with drawings, models, or other templates for use in the seller’s manufacture of the product ordered by the buyer, the buyer assumes full liability for any infringement of third-party rights arising from patents, design rights, copyrights, or similar. The buyer is obligated to reimburse the seller for all costs and damages incurred by the seller in this connection due to claims from third parties and in connection with disputes regarding such matters. Drawings prepared by AAG may contain confidential information and may not be disclosed to third parties without prior agreement and written consent.

Defects The buyer is obligated to conduct the necessary inspections immediately upon receipt of a delivery to verify that the delivery complies with the contract. The buyer loses the right to claim defects in the goods if he does not notify the seller thereof, specifying the nature of the defect, immediately after he has discovered or should have discovered the defect. If the buyer has not notified the seller of the defect within 8 days of the delivery date, the buyer may not later assert the defect. In the event of damage during transport, the buyer is obligated, upon receipt of the goods, to document the nature and extent of the damage and to note this on the bill of lading.

The seller has the right to remedy defects and is obligated to do so without undue delay. The seller shall bear the costs of such remedy. If the seller does not carry out the necessary remedy within a reasonable time, the buyer may notify the seller in writing of a final deadline for remedy. If the seller has not fulfilled their obligation to remedy the defect by this deadline, the buyer may claim compensation for their loss, up to an amount corresponding to the agreed purchase price.

If the seller acknowledges a complaint, the seller’s liability is limited to the value of the goods and may always be satisfied by replacing the defective quantity. The seller shall therefore in no event be liable for any costs or losses that the defect may have caused, including operating losses, lost profits, and other indirect losses. However, this limitation of the seller’s liability does not apply if the seller has been guilty of gross negligence.

Force Majeure
The Seller shall not be liable for any failure to perform its obligations or for any delay in delivery if such failure or delay is caused by an event beyond the Seller’s control, such as a strike, lockout, destruction of production facilities, suspension of operations, or disruption in the supply of materials, war, terrorism, government orders or recommendations that may affect the seller’s production facilities and delivery capabilities, and that at the time the agreement was entered into, the seller could not reasonably have been expected to have taken the impediment into account or to have avoided or overcome it or its consequences. The exemption from liability applies both in the event of an actual impediment to delivery and if delivery, as a result of the circumstances mentioned, would entail disproportionately great inconvenience or costs for the seller. If the seller wishes to invoke one or more of the aforementioned circumstances, the seller is obligated to immediately notify the buyer in writing of their occurrence and cessation.

Product Liability
Product liability is governed by the provisions of the Product Liability Act in effect at any given time. To the extent that no other provisions arise from mandatory legal rules, the seller cannot be held liable for any further liability. The seller is not liable for damage caused by the sold equipment to real property or personal property that occurs while the sold equipment is in the buyer’s possession or custody, or to products manufactured by the buyer or to products in which such materials are incorporated, or for damage to real property or personal property caused by products manufactured by the buyer as a result of the products sold by the seller.

The Seller shall not be held liable for loss of profit, operating losses, loss of earnings, or any other indirect losses. The Seller’s liability for product damage not covered by the Product Liability Act shall not exceed DKK 5,000,000 per instance of product damage and per year.

To the extent that the seller may be held liable for product liability toward third parties, the buyer is obligated to indemnify the seller to the same extent that the seller’s liability is limited under the preceding paragraphs. However, these limitations do not apply if the seller has acted with gross negligence. The buyer is obligated to obtain and maintain its own product liability insurance, which must also include coverage for damages caused by products manufactured by the buyer when both the seller’s and the buyer’s products are incorporated into the finished product, as well as coverage for the buyer’s obligation to indemnify the seller. The Buyer is obligated, at the Seller’s request, to provide documentation of the insurance coverage.

If a third party makes a claim against either party for liability under this section, the party must immediately notify the other party thereof.

The seller and the buyer are mutually obligated to submit to the jurisdiction of the court or arbitral tribunal hearing any claim for damages brought against either of them on the basis of harm allegedly caused by the material.

Governing Law and Jurisdiction
Any disputes shall be settled in accordance with the laws of Denmark. However, this choice of law provision does not include the rules of Danish private international law. The dispute shall be settled in the court of Aalborg Gummivarefabrik domicile.

Personal Data
AAG collects and processes personal data in accordance with applicable laws, including the Danish Data Protection Act and the EU General Data Protection Regulation.

Terms and Conditions for Private Customers

Version: 1.0
Date: December 8, 2021

Company Name
AAGAalborg Gummivarefabrik
Sundsholmen 3
DK-9400 Nørresundby
Tel. +45 98 15 80 22
[email protected]
CVR No. 87136213

General
We reserve the right to correct printing errors and to make changes to prices and taxes, as well as to sell out of items. If we are unable to meet our delivery deadline, you will hear from us within 48 hours.

Prices
All prices are listed in DKK and exclude VAT.

Shipping fees
The shipping fee is listed on your order confirmation. AAG uses Danske Fragtmænd for shipping. You can also have your package delivered to a business address. 

Deliveries weighing over 30 kg are shipped on a pallet via Danske Fragtmænd, who will deliver the package to the customer’s home address. If the customer is not at home, Danske Fragtmænd will return the package to their terminal. It is then the customer’s responsibility to contact Danske Fragtmænd to arrange for delivery and pickup of their package.

In the event of a shipping error, AAG will reimburse the customer for any additional shipping costs.

Pickup at AAG
You can pick up an item yourself at AAG. In that case, no shipping charges will apply.

AAG is open for pickup Monday–Thursday from 7:30 AM to 3:30 PM and Friday from 7:30 AM to 1:00 PM.

Delivery
Items in stock are usually shipped within 1–3 business days. Standard items and custom-cut/made-to-order items are usually delivered within 5–8 business days throughout Denmark (applies to all islands connected by bridge in Denmark—does not apply to Greenland and the Faroe Islands), subject to backorders.

In the event of a backorder, the customer will receive an email with the expected delivery date. If you do not wish to place an item on backorder, you may cancel the order or have the item replaced with a similar one.

Payment Terms: Payment can be made with Dankort, Visa/Dankort, and MasterCard. 

The payment will be charged to your (cardholder’s) account when the item is shipped. The amount charged will never exceed the amount you authorized at the time of purchase.

Right of Withdrawal
Returns may be made up to 14 days after receipt of the item. Items must be returned in substantially the same condition and quantity as when the customer received them, i.e., undamaged and in their original, intact packaging. The customer is responsible for return shipping costs. All returned products must be properly packaged.

If you cancel your purchase, the purchase price will be refunded to you via bank transfer. This will occur once we have received the returned item and verified that it meets the conditions for exercising the right of cancellation.

NOTE: Specially procured items, as well as custom-cut or made-to-order items, are not eligible for return.

We do not accept cash-on-delivery packages sent to us. If you wish to return an item, please contact us first by phone or email before shipping it back.

Returns can be sent to:
AAG Aalborg Gummivarefabrik
Sundsholmen 3
DK-9400 Nørresundby

Exchanges
If you wish to exchange anitem for another, please return the item along with a completed return form, and we will send you a replacement as soon as possible.

If you would like a refund, please fill out the return form with your account number, and we will transfer the funds to your account as soon as possible. Items returned cash on delivery or sent without postage will not be accepted by AAG.

Refunds
Refunds are primarily processed via bank transfer. In the event of a refund of the full amount or a portion thereof, please include a copy of the invoice along with a note containing your bank details, i.e., your registration number and account number. This information is not sensitive and can be safely provided by mail or email.

Warranty and Returns
Regarding warranty and returns, we comply with the Danish Sale of Goods Act. This means we offer a 2-year warranty on our products. The warranty is provided to the same extent as that offered by our suppliers.

The buyer is obligated to inspect the item upon receipt and to report any defects within 3 business days of receipt. We will do everything we can to resolve the complaint, and as a general rule, the item will be repaired or replaced.

If you wish to return an item due to a complaint or incorrect delivery, please fill out the return form and include it with your item. Items returned cash on delivery or sent without postage will be refused by AAG, unless a prior agreement has been made. 

Damage caused by the buyer’s failure to maintain the item in accordance with the manufacturer’s instructions will never be eligible for a complaint. Any necessary repairs cannot be performed by a third party without AAG’s approval. Should an item require repair after the warranty period has expired, we can of course assist with that as well.

The invoice accompanying the goods serves as proof of warranty and must be retained. Goods requiring repair under the warranty must be sent securely packaged and in a clean condition.

Transport damage
Any damage or missing packages must be reported immediately to the delivery person. If it has been agreed in advance with the carrier that the goods may be left without a receipt, AAG bears no risk should the goods disappear or be damaged.

Product liability
For damage to persons or property resulting from defects or faults in delivered products, AAG is liable only to the extent that liability is imposed on AAG under mandatory law.

AAG shall never, including in cases of delay or defect, be liable for the customer’s indirect losses, including loss of business, loss of time, or loss of profit.

Products
AAG continuously develops its products to stay at the forefront of innovation. Therefore, we reserve the right to change models, product ranges, colors, and prices.

Reservations
Prices are subject to change due to price increases and other external adjustments. We reserve the right to correct any printing errors in text, catalogs, or the webshop, as well as to make price changes, discontinue products, and address delivery failures from third parties. 

Ownership
AAG reserves full ownership and all associated rights to the goods until final payment has been made.

Technical Errors
We reserve the right to correct any technical errors in the calculation of prices, fees, etc. If an error in the software or the setup of the online store results in an incorrect price, AAG is not obligated to deliver at the stated price. If this is the case, we will contact the customer immediately and provide the correct price. The customer is, of course, welcome to cancel their order thereafter.

Force Majeure
Should delivery be prevented in whole or in part due to forcemajeure, this exempts AAG from any liability. Force majeure includes, among other things, labor disputes, war, civil war, blockades, roadblocks, political unrest, government intervention, fuel shortages, natural disasters, or other external circumstances that affect delivery.

Security
Your security as a customer is very important to us, and we have ensured that you run no risk when using your payment card with us. We do not store your card information—it is used solely to process the payment itself. During the payment process, we use a secure and encrypted SSL connection that ensures no one else can access your information. Thus, only PBS can read it. Payments are handled by Wannafind’s secure payment gateway in collaboration with PBS. Neither AAG nor any third parties have the ability to read the data.

The amount for the items will not be charged until the items are shipped from AAG.

Privacy Policy
The information you provide when placing your order, such as your name and address, will only be used to process your order. Your email address will be used to send an order confirmation to you and to contact you if any issues arise. Your phone number will be used in the event of questions or concerns that cannot be resolved via email.

This information will never be misused or disclosed to third parties. Your information will be stored in our customer database, but you can have it deleted at any time by sending us an email. You can find our email address on our contact page. Personal data is stored on a server protected by a firewall.

AAG collects and processes personal data in accordance with applicable laws, including the Danish Data Protection Act and the EU General Data Protection Regulation.  

This site collects information, including through the use of cookies, which are necessary for the shopping cart to function properly. Cookies can be deleted in Internet Explorer, for example, by clicking Tools – Internet Options – Delete Cookies.

Copyright
All images, text, charts, and other material are protected by copyright © and may not be reproduced without permission from AAG.