Sales and delivery terms

Sales and delivery terms

These terms and conditions shall apply to tenders submitted and goods and services supplied by LIK A/S, unless otherwise agreed in writing.

1. Quotations

Unless otherwise stated, the quotation shall be valid for 30 calendar days from the date of the quotation, provided that no changes have been made to cost prices, exchange rates, taxes, etc.

2. Terms of delivery

Unless otherwise agreed, delivery shall take place without delay. If delivery has been agreed to take place in a particular week, delivery at the end of that week shall be considered timely.

All deliveries shall take place respecting the agreed INCOTERMS

LIK A/S shall be entitled to postpone delivery in the following circumstances:

a. Changes to the product and/or order requested by the customer.

b. Delays in deliveries or services that the customer has agreed to provide or has commissioned a third party to provide.

c. Delivery has to be suspended or delayed due to force majeure that LIK A/S could not reasonably have foreseen, avoided or overcome, or where such suspension or delay is caused by an act of one or more subcontractors engaged by LIK A/S to fulfil the agreement.

In the event of a delay under points a and b, LIK A/S reserves the right to adjust the agreed price to reflect the increased costs or, alternatively, to terminate the agreement without incurring liability to the customer.

The customer is obliged to examine the goods immediately upon receipt.

The customer shall only be entitled to compensation for delayed delivery if the customer can demonstrate that the delay is due to fault on the part of LIK A/S.

3. Return of goods

Only stock items that are undamaged and in intact packaging will be accepted for return.

Return address: LIK A/S, Maserativej 5, DK-7100 Vejle.

LIK A/S reserves the right to refuse acceptance of returned goods if the packaging is deemed unsuitable for resale.

Goods may only be returned by prior agreement and subject to a fee of at least 15%.

Returns worth less than DKK 500 excl. VAT shall not be credited.

Non-stock, speciality or customised goods cannot normally be returned. If, however, they are returned by agreement, a fee of at least 50% will be charged.

For returns of non-stock, speciality or customised goods, a return fee of DKK 300 will be added to the standard return fee.

Goods delivered in measured sizes or lengths, including made-to-measure profiles and rails, are not returnable.

All freight charges and other costs associated with the return of goods shall be borne by the sender.

Goods may only be returned by prior agreement with LIK A/S, either in writing or by telephone. A copy of the invoice shall be enclosed with the returned goods. Goods returned without prior approval will be rejected.

4. Prices

Prices are quoted in Danish kroner unless otherwise stipulated. Prices exclude VAT and other taxes, as well as any packaging or delivery costs. For deliveries not covered by binding offers, the price applicable on the delivery date shall apply.

Prices are subject to external price changes. LIK A/S shall not be liable for any misprints in the price lists.

For orders worth less than DKK 2,500 excl. VAT and other taxes, a service fee of DKK 250 excl. VAT will be added.

5. Terms of payment

LIK A/S shall determine the customer’s terms of payment, including any cash discount, based on an individual assessment of available credit.

In the event of overdue payment, interest of 2% per month will be charged from the date of payment. A reminder fee will be added in accordance with applicable law.

LIK A/S retains ownership of the goods until the customer has paid for them, including the costs incurred for delivery, shipping, etc., or an agreement to provide security has been entered into. Until such payment has been made, the customer is not entitled to resell the goods or otherwise dispose of them in a manner that conflicts with LIK A/S’s retention of title.

6. Claims

All complaints must be reported within 8 calendar days of receipt. If a manufacturing defect can be demonstrated, the goods will be replaced or repaired by LIK A/S.

LIK A/S is not liable for ordinary installation errors. LIK A/S shall at no time be liable for operational disruptions, loss of time, loss of profit or similar incidental losses, including daily penalties imposed on the customer.

7. Warranty

Products with manufacturing or material defects shall be repaired or replaced free of charge to the extent covered by the sub-suppliers’ warranties. The defective products shall be returned carriage paid, together with a copy of the invoice and a completed claim form.

A 5-year warranty is provided on the LED chip and driver in track spotlights and downlights, starting from the date of manufacture. Faulty components will likewise be replaced free of charge.

The warranty will only apply provided that:

·       The product is used in accordance with the specifications and installation manuals.

·       Maintenance and repairs on the products are carried out exclusively in accordance with the manufacturer’s instructions and only by qualified personnel.

·       Services such as (but not limited to) software updates or feature extensions are carried out exclusively by the manufacturer or a third party designated by the manufacturer.

·       No changes and/or repairs are made to the product without written authorisation from the company.

Services performed under the warranty will not extend the original warranty period.

7.1 Liability

LIK A/S shall not be liable for damage or defects caused by:

·       Damage occurring during transport.

·       Improper installation, use and maintenance resulting from failure to follow the installation manual and product instructions.

·       Use of the product under conditions that do not comply with technical regulations relating to the environment in which the product is installed (for example, room temperature, humidity or possible interference with electrical components or equipment).

·       Extraordinary wear and tear of parts and components.

8. Drawings, offers, etc.

All intellectual property rights relating to drawings (including plans for installing lighting units, etc.), descriptions, specifications, etc., and offers prepared or supplied by LIK A/S for the customer’s evaluation of offers or use of LIK A/S’s goods and services belong to LIK A/S. Upon payment, the customer shall be granted only a non-exclusive right of use. Drawings, etc., must not be disclosed or used without prior written consent from LIK A/S.

In particular, drawings, etc., must not be distributed to competitors of LIK A/S or others who might exploit them in a manner contrary to LIK A/S’s legitimate rights and interests. Until the customer has acquired the requisite rights of use as described above, the customer is required, upon request, to return all drawings and other materials received, including all available copies. The customer is further obliged to confirm in writing that the materials have been returned, that the customer is not in possession of any copies and that the materials have not been passed on to any third party. The customer is aware that the drawings and other materials reflect LIK A/S’s know-how and trade secrets, and that unauthorised disclosure or use may cause LIK A/S significant financial losses for which the customer may be required to compensate LIK A/S.

9. Environmental fee

Each sales order will incur an environmental fee of DKK 59.00 or EUR 8.00.

10. Governing law and jurisdiction

Litigation and disputes shall be settled fully and finally under Danish law, with jurisdiction at first instance vested in the Danish court w