Terms and conditions
1. Application
1.1 Application. General terms and conditions of sale and delivery (the “Terms”) apply to all agreements regarding Nexo Air, VAT number DK35411445, (the “Company”), sales and delivery of products, spare parts and related services to corporate customers.
The company does not sell to private individuals.
2. Basis of agreement
2.1 Basis of agreement. The conditions, together with the Company’s offers and order confirmations, constitute the entire agreement basis for the Company’s sales and delivery of products, spare parts and related services to the customer (the “Agreement basis”). The customer’s purchase terms printed on orders or otherwise notified to the Company do not form part of the Agreement Basis.
2.2 Changes and Supplements. Changes and additions to the Basis of Agreement are only valid if the parties have agreed in writing.
2.3 Legal status. Each of the parties must immediately notify the co-contractor if the party changes its legal personality, is placed in bankruptcy or reorganization proceedings or voluntary liquidation.
3. Products, spare parts and services
3.1 Products and spare parts. Products and spare parts that the Company sells and delivers to the customer are new and comply with Danish legislation upon delivery.
3.2 Services. Associated services that the Company sells and delivers to the customer in connection with the sale and delivery of products or spare parts are carried out in a craftsmanlike manner and comply with Danish legislation upon delivery .
3.3 Limitation of Liability. Products, spare parts and related services that the Company sells and delivers to the customer are intended for use in Denmark. Notwithstanding any opposing terms in the Agreement Basis, the Company is in no case liable for losses or damages that can be attributed to use for other purposes or for use outside Denmark. The Customer shall indemnify the Company to the extent that the Company may be liable for such loss or damage.
4. Price and payment
4.1 Price. The price for products, spare parts and related services follows the Company’s current price list at the time when the Company confirms the customer’s order, unless the parties have agreed otherwise in writing, via e-mail or similar. All prices are exclusive VAT.
4.2 Payment. When paying by credit card, PayPal or similar, payment is deducted when the shipment is packed and made ready for shipment. When invoicing, the customer must pay all invoices for products, spare parts or related services within 14 days of delivery, unless the parties have agreed otherwise in writing, via e-mail or similar.
4.3 Retention of title. The item sold remains the property of the Company until the full purchase price has been paid.
5. Delayed payment
5.1 Interest. If the customer fails to pay an invoice for products, spare parts or related services in time for reasons for which the Company is not responsible, the Company is entitled to interest on the amount due of 2% per. month from due date and until payment is made.
5.2 Repeal. If the customer fails to pay an overdue invoice for products, spare parts or related services within 14 days after receiving a written demand for payment from the Company, the Company has, in addition to interest according to p. 5.1 right to: (i) cancel the sale of the products, spare parts and / or related services to which the delay relates, (ii) cancel the sale of products, spare parts and / or related services that have not yet been delivered to the customer, or demand advance payment for this, and / or (iii) assert other default rights.
6. Offers, orders and order confirmations
6.1 Offers. The company’s offer is valid for 4 weeks from the date the offer is dated, unless otherwise stated in the offer. Acceptance of offers received by the Company after the expiry of the acceptance period is not binding on the Company, unless the Company notifies the customer otherwise.
6.2 Orders. The Customer must send orders for products, spare parts or related services to the Company in writing. An order must contain the following information for each ordered product, spare part or service: (i) Order number, (ii) Item number, (iii) Item description, (iv) Quantity, (v) Price, (vi) Payment terms, (vii) Delivery date, (viii) Delivery address, and (ix) Delivery terms and e-mail address to which invoice is to be sent.
6.3 Order confirmations. The company strives to send confirmation or rejection of an order for products, spare parts or related services to the customer in writing via e-mail or similar within 2 working days of receipt of the order. Confirmations and rejections of orders must be in writing to bind the Company.
6.4 Changing orders. The Customer may not change a placed order for products, spare parts or related services without the Company’s written consent.
6.5 Inconsistent Terms. If the Company’s confirmation of an order for products, spare parts or related services does not comply with the customer’s order or the Basis of Agreement, and the customer does not wish to accept the inconsistent terms, the customer must notify the Company in writing within 3 working days of receiving the order confirmation. Otherwise, the customer is bound by the order confirmation.
7. Delivery
7.1 Delivery conditions. The company delivers all sold products and spare parts according to Incoterms DAP2020.
7.2 Delivery time. Fittings and hoses are shipped within 24 hours on weekdays and delivered 1-3 days thereafter. Compressors are sent by agreement with the buyer, but are delivered no later than one week after confirmed order.
7.3 Examination. The customer must inspect all products, spare parts and related services upon delivery. If the customer discovers an error or defect that the customer wishes to invoke, it must be notified to the Company in writing immediately. If an error or defect that the customer discovers or should have discovered is not immediately notified in writing to the Company, it cannot be claimed later.
7.4 Right of return. Standard compressors and fittings / hoses: No right of return unless a separate written agreement has been reached.
Custom compressors and fittings / hoses not found in the standard program (as shown on the website): No return policy.
8. Delayed Delivery
8.1 Notification. If the Company expects a delay in the delivery of products, spare parts or related services, the Company will inform the customer of this and at the same time state the reason for the delay and a new expected delivery time.
8.2 Repeal. If the Company fails to deliver products, spare parts or related services within 14 days of the agreed delivery time for reasons for which the customer is not responsible and delivery does not take place within a reasonable period of at least 14 days, the customer may cancel the order or orders is affected by the delay, without notice by written notice, by e-mail or similar, to the Company. The customer has no other rights due to delayed delivery.
9. Warranty
9.1 Warranty. The company guarantees that products, spare parts and related services are free from significant defects in design, materials and workmanship for 12 months after delivery. For parts that are replaced under warranty, the warranty period is 12 months from the replacement, however, a maximum of 24 months from original delivery.
9.2 Exceptions. The Company’s warranty does not cover wear parts such as bearings, piston rings and gaskets and defects due to: (i) normal wear and tear, (ii) storage, installation , use or maintenance contrary to the Company’s instructions or general practice, (iii repairs or alterations made by anyone other than the Company; and (iv) other matters for which the Company is not responsible.
9.3 Notice. If the customer discovers an error or defect in the warranty period that the customer wishes to invoke, it must be notified to the Company in writing immediately. If an error or defect that the customer discovers or should have discovered is not immediately notified in writing to the Company, it cannot be claimed later. The Customer must provide the Company with the information about a reported error or defect that the Company requests.
9.4 Investigation. Within a reasonable time after the Company has received notification from the customer of an error or defect and examined the claim, the Company notifies the customer whether the error or defect is covered by a guarantee. Upon request, the Customer must send defective parts to the Company. The Customer bears the cost and risk of parts during transport to the Company. The company bears the cost and risk of parts during transport to the customer if the defect or defect is covered by warranty.
9.5 Remedy. Within a reasonable time after the Company has given notice to the customer in accordance with pkt. 9.4 that a defect or defect is covered by warranty, the Company remedies the defect or defect by: (i) replacing or repairing defective parts, or (ii) sending parts to the customer for the customer’s own replacement or repair.
9.6 Repeal. If the Company fails to remedy an error or defect covered by warranty within a reasonable time after the Company has given notice to the customer in accordance with p. 9.4, for reasons for which the customer is not responsible, and the defect or defect has not been remedied within a reasonable period of at least 30 days, the customer may cancel the order or orders affected by the defect or defect, without notice by written notice to The company. The customer has no other rights in connection with defects or deficiencies in products, spare parts or related services than those expressly stated in p. 9.
10. Responsibility
10.1 Responsibility. Each party is liable for its own actions and omissions under applicable law with the limitations that follow from the Basis of Agreement.
10.2 Product liability. The company is responsible for product liability in respect of delivered products and spare parts, to the extent that such liability follows from mandatory legislation. The Customer must indemnify the Company to the extent that the Company may incur product liability in addition.
10.3 Limitation of Liability. Notwithstanding any conflicting terms in the Contract Basis, the Company’s total liability to the customer may not exceed the price of the item.
10.4 Indirect losses. Notwithstanding any conflicting terms in the Contract Basis, the Company is not liable to the customer for indirect losses, including loss of production, sales, profit, time or goodwill.
10.5 Force majeure. Notwithstanding any conflicting terms in the Contract Basis, the Company is not liable to the customer for non-fulfillment of obligations which may be attributed to force majeure. The discharge lasts as long as force majeure lasts. Force majeure is considered to be matters that are beyond the Company’s control and which the Company should not have foreseen at the conclusion of the agreement. Examples of force majeure are unusual natural conditions, war, terror, fire, flood, epidemic, vandalism and labor disputes.
11. Intellectual property rights 11.1 Property rights
11.1 The full ownership of all intellectual property rights relating to products, spare parts and related services, including patents, designs, trademarks and copyrights, belongs to the Company.
11.2 Violation. If delivered products or spare parts infringe the intellectual property rights of third parties, the Company shall at its own expense: (i) ensure the customer the right to continue to use the infringing products or spare parts, (ii) modify the infringing products or spare parts so that they no longer infringe, (iii) replace the infringing products or spare parts with any non-infringing ones; or (iv) repurchase the infringing products or spare parts at the original net purchase price less 10% per. years since delivery. The customer has no other rights in connection with infringement of the intellectual property rights of third parties on products, reserved parts or related services.
12. Confidentiality
12.1 Disclosure and Use. The Customer may not pass on or use or enable others to use the Company’s trade secrets or other information of any kind that is not publicly available.
12.2 Protection. The Customer may not improperly acquire or attempt to acquire knowledge of or availability of the Company’s confidential information as described in section. 12.1. The customer must handle and store the information properly to prevent it from accidentally coming to the knowledge of others.
12.3 Duration. The customer’s obligations according to pkt. 12.1-12.2 applies during the parties’ trade and without time limit after the termination of the trade, regardless of the reason for the termination.
13. Processing of personally identifiable information
13.1 Processing. The company processes personal data with due observance of the Data Protection Regulation and Act.
Further information can be found on the Company’s website.
14. Applicable law and venue
14.1 Applicable law. The parties’ trade is in all respects subject to Danish law.
14.2 Venue. Any dispute that may arise in connection with the parties’ trade must be settled by a Danish court.