Terms of Business
MOALEM TRADING Standard Terms and Conditions of Sale and Delivery
1.1 Application. The standard terms and conditions of sale and delivery (the “Terms and Conditions”) apply to all agreement with MOALEM TRADING, company reg. no. 35 00 70 83 (the “Business”) concerning, but not limited to sale and delivery of products to customers (the “Customers”).
1.2 By entering into an agreement with the Business, the Customer accepts these terms and conditions. The Customer shall refrain from entering into an agreement with the Business if the Customer does not accept the Terms and Conditions.
1.3 The Business reserves the right to amend the Terms and Conditions from time to time. It is the Customer’s solely responsibility to be up to date with these Terms and Conditions from time to time. The Terms and Conditions can be found at the Business website www.moalemtrading.com (the ”Website”).
1.4 Any changes or amendments is effective from the time, the Business introduce these on the Website. The Customer agrees to be bound by any changes or amendments of the Terms and Conditions when entering into an agreement with the Business.
2.1 Agreement. The Terms and Conditions constitutes together with the Business’ quotation and the order confirmation, the entire agreement concerning the Business sale and delivery of products to the Customers (the “Agreement”). The Customer’s sourcing conditions printed on an order or in another way communicated to the Business shall not be considered part of the Agreement.
2.2 Amendments. Any amendments to the Terms and Conditions are only valid if agreed in writing between the parties.
3.1 Products. Products which the Business sells and delivers to the Customer are mint and comply with the Danish legislation on delivery.
3.2 Limitation of liability. Products which the Business sells and delivers to the Customer shall be used in accordance with common sense and proper and reasonable practice. Irrespective of any contradictory terms in the Agreement, the Business is under no circumstances liable for losses or damages related to the use contradictory with common sense and proper and reasonable practice. The Customer shall indemnify the Business to the extent that the Business becomes liable in regard to such losses and damages.
4. Price and Payment
4.1 Price. Unless the parties agree to the contrary in writing, the prices of the products follow the Business’ applicable pricelist at the time of the Business’ order confirmation to the Customer’s order. All prices are incl. VAT.
5. Application and storage of collected personal data
5.1 Order confirmation. The Business endeavors to confirm or refuse the order to the Customer in writing within 10 business days from the receipt of the order. Confirmations and refusals of the order shall be in writing to bind the Business.
5.2 Amendments to the order. The Customer may not amend the order without the Business’ prior written consent.
5.3 Contradictory terms. The Customer shall notify the Business in writing within 8 business days after receiving the order confirmation, if the Business’ order confirmation does not correspond with the Customer’s order or the Agreement and the Customer does not want to accept the inconsistency. Otherwise the Customer is bound by the order confirmation.
6.1 Terms of delivery. The Business delivers all sold products per a postal service chosen by the Business to the address provided by the Customer.
6.2 Delivery time. The Business delivers all sold products at the date stated in the order confirmation. Unless the parties have agreed to the contrary in writing, The Business is entitled to deliver the order prior to the agreed date.
7. Late delivery
7.1 Notification. The Business notifies the Customer of any late deliveries, the cause of the delay and the expected new delivery time.
7.2 Force majeure. The Customer agrees to not hold the Business liable for any expenses, losses or damages which the Customer may suffer as a result of force majeure circumstances which shall mean, circumstances that the Business cannot control including but not limited to, delivery problems with the Business’ suppliers, strikes, labor disputes, breakdowns of IT systems, fires, water damages and natural disasters. The Business is obligated to minimize the expenses, losses or damages of the Customer under such circumstance to the best of its ability.
7.3 Termination. The Customer is entitled to terminate the order(s) which the delay concers without prior notice by written notification to the Business, if the Business cannot deliver an order within 30 business days after the agreed delivery time for reasons the Customer is not responsible for and in case the delay is not due to a force majeure circumstance and the order is not delivered within a reasonable time of at least 90 business day. The Customer agrees to have no other rights in case of a late delivery.
8.1 Warranty. The Business warrants that products are free of defects to the design, material and execution of up to 12 months from delivery.
8.2 Exception. The Business’ warranty does not include wearing parts and defects which is a result of: (i) ordinary wear and tear, (ii) storage, installation, use or maintenance contradictory with the Business’ instructions or proper and reasonable practice, and (iv) other circumstances or behavior that is not the Business’ responsibility.
8.3 Notification. If the Customer discovers a defect within period of warranty that the Customer wishes to plea, the Customer shall immediately notify the Business in writing. If the Customer discovers or should have discovered a defect and it is not notified to the Business immediately, the defect cannot be pleaded at a later time. The Customer is obligated to give the Business all information regarding the defect that the Business request.
8.4 Inspection. The Business notifies the Customer whether the defect is included under the warranty or not, within reasonable time after the Business has received notice from the Customer regarding the defect and has done its inspection. The Customer is obligated to send the defected parts to the Business. The Customer carries the expenses and the risk of loss in connection with the transportation to the Business. The Business carries the expenses and the risk of loss in connection with the transportation to the Customer, if the defect is included under the warranty.
8.5 Remedy. Within reasonable time after the Business has given notice to the Customer pursuant to clause 9.4, the Business remedies the defect by: (i) replace or repair the defect part, or (ii) forward the parts to the Customer with the purpose of the Customers replacing or repairing the product himself.
8.6 Termination. In the event that the Business fails to remedy any defects covered by the warranty within reasonable time of giving notice to the Customer pursuant to clause 9.4 for reasons for which the Customer has no liability and which are not due to any force majeure event, and the fault or defect has not been remedied within a reasonable timeframe of no less than 90 business days, the Customer may terminate the purchase of the defective product in question with immediate effect by giving written notice to the Business. The Customer has no other rights in the event of faulty or defective products than those expressly stated in clause 9.
9.1 Liability. Each party is responsible for their own actions and omissions pursuant to applicable law subject to the limitations following the Agreement.
9.2 Product Liability. The Business is responsible for product liability in regard to products delivered to the extent that such liability follows from mandatory law. The Customer must indemnify the Business to the extent that the Business becomes liable for any additional products.
9.3 Indirect loss. Irrespective of any contradictory terms in the Agreement, the Business is not liable towards the Customer for any indirect losses, including but not limited to, loss of production, sale, profits, time, or goodwill.
10. Intellectual rights
10.1 Proprietary rights. All proprietary rights on all intellectual rights relating to products, including patents, design, trademarks, and copyrights, do not belong to the Business.
11. Applicable Law and Venue
11.1 Applicable Law. The parties’ business relation is in all aspects subject to Danish law.
11.2 Venue. Any dispute that may arise in connection with parties’ business relation must be decided by the City Court of Copenhagen as the court of first instance.