Terms and conditions businessVersion: 1.6
Basis for the agreement
Unless otherwise agreed in writing between the parties, all deliveries are made on the basis of below terms of sales and delivery.
Stated prices and other information in price lists, etc. are always considered indicative and exclusive of customs duties, VAT, public taxes and the like. If, before delivery from the seller's supplier, price increases or similar occur, as well as increased customs duties or other taxes, the price is increased accordingly. Delivery of opened item is offered for a surcharge. AAG also charges an environmental fee on all invoices.
Agreed delivery clauses are interpreted in accordance with the Incoterms relevant at the conclusion of the agreement. If no special agreement has been made on such a delivery clause, delivery is considered to have taken place "Ex Works". Packaging is invoiced separately, unless otherwise agreed.
If the seller does not deliver within the agreed delivery time, the buyer may in writing to the seller set a reasonable final delivery deadline, which must not be shorter than 7 days from the time of notification of the final delivery deadline. If delivery does not take place within this deadline, the buyer may terminate the agreement by written notice to the seller. Only if the delay is due to circumstances for which the seller bears the risk, the buyer can claim compensation. However, the seller's liability as a result of delay may never exceed the value of the delivered goods. The seller's liability does not include the buyer's operating loss, profit loss or other indirect loss.
If successive delivery has been agreed, each delivery must be regarded as an independent delivery. The buyer is thus not entitled to terminate the agreement with regard to the other deliveries in the event of defects in a partial delivery.
Returned goods are only accepted by prior agreement and against the buyer's payment of the return shipping costs. The freight risk is borne by the buyer. The return of opened or specially made items or items purchased at the request of the buyer will not be accepted. Any repackaging or new packaging of the returned item is at the buyer's expense.
Terms of payment
If amounts due are not paid on time, default interest will accrue from the due date at 2% for each month or part of a month. New customers must pay cash on delivery or net cash until otherwise agreed.
Retention of title
The delivered remains the property of the seller until payment is made in full.
If before delivery the buyer has received a sample of the product which the buyer will later have delivered, and if the buyer approves this sample without reservation, the buyer is prevented from complaining about defects in the delivered, when the delivery takes place, if the delivered has the same standard as the approved outcome test. If special models, moulds or other tools are needed for the manufacture of the ordered goods, the buyer pays parts of the cost of manufacturing them. Unless otherwise agreed between the parties, such models, moulds or other tools belong to the seller.
Patent, design production, copyright etc.
If the buyer provides the seller with drawings, models or other examples for use in the seller's production of the product ordered by the buyer, the buyer assumes any responsibility for infringement of third party rights due to patent, design right, copyright, etc. The buyer is obliged to reimburse the seller all costs and damages incurred to the seller in this connection by claims from third parties and in connection with disputes thereon. Drawings prepared by AAG may contain confidential information and may not be passed on to third parties without prior agreement and written consent.
Immediately upon receipt of a delivery the buyer is obliged to undertake necessary inspections to establish that the delivery is contractually correct. Buyer loses the right to invoke defects in the item if he does not notify the seller thereof stating the nature of the defect immediately after he has discovered or should have discovered the defect. If the buyer has not claimed the defect towards the seller within 8 days after the delivery date, the buyer cannot make any claim later. In the event of transport damage, the buyer is upon receipt of the goods obliged to document the nature and extent of the damage, as well as to indicate this on the consignment note.
Seller has the right to remedy deficiencies and is obliged to make such remedy without undue delay. The seller must bear the cost of the remedy. If the seller does not make the necessary remedy within a reasonable time, the buyer may notify the seller in writing of a deadline for remedy. If the seller has not fulfilled his obligation to remedy within this deadline, the buyer may claim compensation for his loss, however, not exceeding 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 item, and can always be satisfied by supplying substitute items. Thus, in no case does the seller have any responsibility for costs and losses that the defect may have caused, including operating losses, lost profits and other indirect losses. However, this limitation on the seller's liability does not apply if he has been guilty of gross negligence.
Exemption from liability (force majeure)
Seller is not liable for non-fulfilment of his obligations or delay in deliveries if this is due to an impediment beyond the seller's control, e.g. strike, lockout, destruction of production equipment, downtime or failing supply of materials, war, terrorism, government orders or government recommendations that may affect the seller's production equipment and delivery options and that he could not reasonably be expected to have taken the impediment into account at the time of the agreement or to have avoided or overcome the impediment or its consequences. The exemption from liability applies both to the actual impediment to the delivery, or if delivery as a result of the stated conditions will be associated with disproportionately large inconveniences or costs for the seller. If the seller wishes to invoke one or more of the above conditions, it is the seller's responsibility immediately and in writing to notify the buyer of its occurrence and termination.
For product liability, the relevant applicable rules in accordance with the Product Liability Act apply. To the extent that nothing else follows from mandatory legal rules, no further liability may be imposed on the seller. Seller is not liable for damage caused by the sold material on real property or movables that occurs while the sold material is in the buyer's possession or custody, or products manufactured by the buyer or on products in which these are included, or for damage to real property or movables caused by the products manufactured by the buyer as a result of the products sold by the seller.
Seller cannot be held liable for loss of profit, operating loss, lost earnings or other indirect loss. The seller's liability for product damage outside the scope of the Product Liability Act may amount to a maximum of DKK 5,000,000 per product damage and per year.
To the extent that the seller may be imposed product liability towards third parties, the buyer is obliged to indemnify the seller to the same extent as to which the seller's liability is restricted in accordance with the above sections. However, these restrictions do not apply if the seller has acted with gross negligence. The buyer is obliged to take out and maintain his own product liability insurance, which also includes covering for damages caused by the products manufactured by the buyer, when both the seller's and the buyer's products are included in the finished product, as well as covering for the buyer's obligation to indemnify seller. The buyer is obliged to present documentation for the insurance coverage at the seller's request.
If a third party makes a claim against one of the parties for liability under this clause, the party shall immediately notify the other party thereof.
The seller and the buyer are mutually obligated to be sued in the court or arbitral tribunal which hears claims for damages brought against one of them on the basis of damage allegedly caused by the material.
Choice of law and venue
Any disputes are settled in accordance with the rules of Danish law. However, this choice of law rule does not include the international private law rules of Danish law. The dispute must be settled at the competent court of Aalborg Gummivarefabrik A/S.
AAG collects and processes personal data in accordance with applicable law, including the Danish Data Protection Act and the EU's General Data Protection Regulation.
Terms and conditions privateVersion: 1.0
Date: 8/12 2021
AAG Aalborg Gummivarefabrik A/S
Tlf. +45 98 15 80 22
CVR nr. 87136213
We reserve the right misprints, price and tax changes and out of stock items. In case we cannot meet our delivery deadline, you will hear from us within 48 hours.
All prices are in DKK and excl. VAT.
The shipping fee appears on your order confirmation. AAG uses GLS for shipping of packages up to 50 kg. For packages over 50 kg, shipping fee will be calculated separately. The customer must contact AAG for an exact price.
Customer agrees that the responsibility for the packages pass on to the customer on delivery. In case of mishandling, AAG reimburses any extra shipping cost for the customer.
Collection at AAG
It is possible to collect your goods at AAG. In this case, there is no shipping fee. You will be able to collect the item when you receive an e-mail accordingly. AAG is open monday-thursday 07.30 AM to 03.30 PM and friday 07.30 AM to 01.00 PM.
Stock items are normally shipped within 1-3 workdays. Standard products and cut/order produced products are normally delivered within 5-8 workdays with reservation of back order.
In case of back order, the customer will receive an email with expected time of delivery. A product in back order can be cancelled or replaced by a similar product.
Terms of payment
Payment can be made by Visa credit card and MasterCard.
Payment is deducted on your (cardholder) account when the goods are sent. There can never be deducted an amount greater than what you have approved at the purchase.
Right of cancellation
Returns can be made until 14 days after receipt of the goods. Goods must be returned in the same condition and quantity, as when the customer received it, i.e. be undamaged and in intact original packaging. In connection with returning goods, shipping fee is carried by the customer. All products that are returned must be securely wrapped.
When regretting a purchase, the purchase price is refunded to you by a transfer to your bank. This will happen when we have received the product and verified that it meets the conditions for the right of cancellation.
NOTE: Custom made goods and cut/order produces products cannot be returned.
Packages sent COD for us are not redeemed. In case of returning goods, we ask the customer to contact us first by phone or by email before sending.
Returning of goods are send to:
AAG Aalborg Gummivarefabrik A/S
Exchange of goods
If you wish to exchange a product to another product, you must return the initial product, and we send you a new product as quickly as possible.
If you want your money back, you must inform an account number and we will transfer the money to your account as soon as possible. Goods returned COD or without postage, are denied receipt of AAG.
Reimbursement is normally carried out by bank transfer. In case of reimbursement of the entire or parts of the amount, there must be a copy of invoice enclosed, together with your bank registration and account number. This information are not sensitive and can be informed by letter or email.
Warranty and claims
Concerning warranty and claims conditions, we comply with the Danish Sale of Goods Act. This means that we provide 2 years right of complaint on our products. The guarantee is granted to the same extent as provided by our suppliers.
Upon receipt of the goods, buyer is obliged to examine this, and no later than 3 working days to complain about any defects. We will do everything possible to solve the complaint, and normally the product will be repaired or replaced.
In case you wish to return the goods due to claim or misdelivery, you must return the goods. Goods returned COD or without postage are denied receipt of AAG, unless there is an agreement.
Damages caused by buyer's lack of maintenance in accordance with the regulations on the purchase, will never be grounds for complaint. Third party cannot carry out possible product shortage without the consent of AAG. In case a product requires repair after its warranty period, AAG can be helpful with that.
The invoice that accompanies the goods, apply as proof of warranty and must be saved. Goods that need repairing during warranty period must be sent securely packaged and in cleaned condition.
Any damage and missing packages must be promptly noted to the person who brings the goods. In case it is agreed in advance with the carrier, that the goods must be delivered without receipt, AAG is without risk if the product were to disappear or be damaged.
For personal injury or haggling that is caused by defects in the delivered products, AAG is only liable to the extent that liability by law is imposed AAG.
Including delay or deficiency cases, AAG can never be responsible for the customer's indirect losses, including operating loss, loss of time or profits.
AAG continuously develops products to be in front of the development. Therefore, our products are subject to change of models, range, colours and prices.
Prices are subject to change in connection with price increases and other external adjustments. We reserve the right to errors in text, catalog/webshop, price changes, obsolete products, delivery failure by third parties.
AAG reserves full ownership of the related rights of the goods until the final payment has been made.
We reserve the right to any technical errors in the calculation of prices and fees etc. If an software error or the setup of the webshop calculates an incorrect price, AAG is not obliged to deliver to the price offered. If this is the case, we will contact the customer to inform the correct price. The customer is then free to cancel the order afterwards.
In case delivery is prevented wholly or partly due to force majeure, AAG is exempted for any liability. Under force majeure are e.g. labor disputes, war, civil war, blockades, barriers, political unrest, government intervention, lack of propellants, natural disasters or other external factors that affect supply.
Your security as a customer is very important to us, and we have made sure that you do not run any risk by using your credit card at AAG. We do not store your credit card information – it is only used to perform the actual payment. During payment, we use a secure and encrypted SSL connection, which ensures that no one else can get hold of your information. Only PBS can read it. Payments are handled by Wannafinds secure payment gateway in cooperation with PBS. Neither AAG nor other intruders have the opportunity to read the data.
The payment is deducted only when the goods are sent from AAG.
Information provided when ordering, e.g. name and address, is only used for the expedition of the order. Email is used to send an order confirmation to the customer, and to contact the customer in case of questions. Phone number is used in case of questions that cannot be solved by email.
Information will never be abused or handed over to any third party. Your information will be stored in our customer database, but anytime you can get them deleted by sending an email to AAG. Find our email address on our contact page. We store personal data on a server protected by firewall.
AAG collects and processes personal data in accordance with applicable law, including the EU GDPR.
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