Terms of business for PowerMax A/S
(hereinafter referred to as PowerMax)
Company reg. no.: 33587082
Tel. +45 38 41 11 00
Any delivery from PowerMax is made on the basis of these terms of business, unless otherwise established in writing in a customer agreement, a contract or an offer.
PowerMax only sells B2B, and it is thus a requirement that the customer has a valid company reg. no. (VAT-number). You may furthermore only do business with us if you have a debit account, and trade via our web shop can only occur, if you have login details for it.
Customer data is processed in accordance with our personal data policy.
Offers lapse if they are not accepted within 30 days of the date of issue, unless otherwise specified.
Billing will take place according the the price list that is valid at the time. PowerMax reserves the right to regulate prices without prior notice. Any back orders will be delivered according to the price list that was valid at the time of ordering.
All prices on price lists and on the website are ex. VAT.
Provided special terms of payment have not been arranged, all deliveries must be paid in advance:
- When purchasing via the web shop the order cannot be concluded without payment by Visa or Mastercard. The payment for the goods will only be drawn from your account when the goods are shipped. Card payments may incur a fee.
- When purchasing via email or over the phone, an order confirmation will be sent stating our bank details in order to facilitate a money transfer. Once the payment has been registered, the goods will be shipped.
- In the event of agreed/special terms of payment, these will be stated – along with the due date and the bank account – on the individual invoice, and you will not be able to pay using a credit card when placing your order via the web shop. Payments in this case will always be according to the invoice. In the event of payments after the due date, default interests will be calculated based on the bank rate + 7% p.a. based on the outstanding balance at the time. The issuance of reminders will incur a fee of 100 DKK (no VAT).
- B2B purchases do not include a right of withdrawal.
PowerMax retains the right of ownership of the delivered goods until payment is made in full. PowerMax reserves the right to repossess goods, should payment not be made according to the agreement.
We are not responsible for pricing or printing errors and reserve the right to cancel the order in the event of a significant and/or obvious error.
All deliveries and shipments will, unless otherwise agreed, be made at the buyers expense and risk ex warehouse, Industrivej 50, DK-6740 Bramming, Denmark (Ex Works cf. Incoterms 2010). All stated delivery times are indicative.
All orders will be packaged in accordance with the shipping method chosen by the customer. Orders of stock items will be shipped on the same day or at most 5 business days after receipt of the order, dependent on the size of the order and the shipping method.
The order may only be cancelled in the event of the delivery time being considerably exceeded.
PowerMax is not responsible for the withholding of goods in the event of the client being in default.
The shipping costs of your order will be calculated when the order is placed. If you place your order via the web shop, your shipping costs will be calculated prior to the credit card payment/order approval. The shipping cost will be calculated for your entire order, notwithstanding that items may be placed on back order. The subsequent shipping of back orders will thus either be shipped free of charge or alongside newer orders.
Claims should always be made in writing and immediately after receiving the goods. For defect items or items that are absent with regards to the deliverynote, claims should be made directly to the conveyor.
- In the event of delivery of incorrect items or non-delivery – picking errors, the buyer has 30 days from the day of receipt to provide a written claim to PowerMax.
- For visible damage to the goods the damage should be noted in writing in the shipping documents upon receipt of the goods – e.g. "Received with the following qualifications...". PowerMax must be given written notice of the damage as well as a copy of the relevant shipping documents. The damaged goods and packaging must be retained until any insurance cases have been resolved and PowerMax has provided confirmation thereof.
- For non-visible damage to the goods PowerMax must be given written notice of the damage within 5 days of receipt of the goods along with a copy of the relevant shipping documents. The damaged goods and packaging must be retained until any insurance cases have been resolved and PowerMax has provided confirmation thereof.
Any deficiencies do not entitle the buyer to withhold payment, either in part or in full.
PowerMax is only responsible for deficiencies in the product itself. Any claim, regardless of type, must be brought within 2 years of the time of delivery.
Items with deficiencies should immediately be sent to PowerMax without charge. A separate notification should be simultaneously be sent via email, providing the product number, the cause as well as any further claims (defect parts with documented supplements).
Any expenses relating to the mounting, dismounting, transport, hire cars, lost revenue, etc. will not be covered by PowerMax.
The liability for defects will be voided in the event of repairs being made to the item, or if the item is in any other way handled incorrectly.
A claim does not entitle a buyer to withhold payment, either in part or in full.
Delivered goods that correspond to what was ordered will not be accepted back.
Returns must be delivered, free of charge, to PowerMax A/S, Industrivej 50, 6740 Bramming, Denmark.
9. LIMITATION OF LIABILITY
Compensation claims made against PowerMax cannot exceed the invoiced amount.
PowerMax is not liable for consequential losses, loss of profit nor any other direct or indirect economic loss that results as a result of a delay or deficiency in the products sold.
Information provided in the PowerMax catalogues, product sheets, web shop and catalogue system are indicative and may under no circumstances allow for claims or any other form of compensation.
10. FORCE MAJEURE
PowerMax is not liable for deficiencies/delays/cancellations that are due to force majeure.
11. PRODUCT LIABILITY
PowerMax is liable when the product (the goods) causes damage due to a product defect:
- on movables and fixed property while the product is in the possession of the buyer.
- on products produced by the buyer, or wherein the seller's products are included, or damage caused by said products on movables and fixed property.
– though in such a way that PowerMax' liability for commercial property damage in all circumstances will be limited to 3 mil. DKK.
However, PowerMax is under no circumstances liable for consequential losses, loss of profits nor any other indirect loss.
Should third parties issue claims against the buyer, they are obliged to immediately notify PowerMax about this as well as to keep PowerMax continuously updated on the progress of the action for damages. Should action be brought against PowerMax by third parties as a result of damage or injury caused by a defective product, the buyer is obligated to allow themselves to be sued by that court or to attend the arbitration handling the claim for damages or any other court or arbitration chosen by PowerMax.
12. BREACH OF CONTRACT
Should the buyer be in breach of contract, PowerMax' obligations related to claims and deficiences will be voided. Breach of contract is understood to include, among other things, failure to adhere to the terms of payment.
13. APPLICABLE LAW AND VENUE
The agreement is subject to Danish law. Any dispute between the parties is to be decided by the Court in Esbjerg, DK.
Bramming, revised April 2021