Terms of Sale and Delivery
The following terms of sale and delivery for Levinsky shall apply to all orders unless otherwise is agreed in writing.
Acceptance of Delivery
Levinsky has the right to cancel this order without any consequences or demand advance payment/bank guarantee for total amount of this order including freight and value added tax if customer can not document financial soundness and payment ability. This confirmed order is legally binding and all changes, cancellations from this date the customer must pay an amount of 25% of the total amount of order as claim for non-compliance of contract. This amount is due on demand.
Terms of delivery
All goods will be delivered ex works in acoordance with the ICC’s Incoterms 2000 unless otherwise expressly agreed.
Time of delivery - delays
Levinsky reserves the right to postpone the date of delivery for 21 days. In case of delays attributable to circumstances construed as being force majeure situations, the date of delivery shall be pospones for the duration of any circumstances preventing delivery. Levinsky shall also be entitled, at its option, to either postpone the delivery of an order or to cancel an order if the customer fails to make payments for goods previously delivered. This does not entitle the customer to cancel precent orders. Levinsky does not accept cancellation of orders, should there, however, be conditions to which Levinsky as and exception will accept a cancellation, this may only be done against paying a 25% penalty fee or the invoice amount.
Any prices quoted shall be subject to changes in customs duties and excise taxes of any kind and sudden exchange rate fluctuations and prices increase in raw material. In case Levinsky intends to invoke any such change, Levinsky shall inform the customer thereof forthwith.
Payment - interest
unless otherwise agreed in writing, the terms of payment of the purchase sum shall be current 8 days as from the date of the invoice,. Interest will automatically be charged on overdue amounts at the rate of 1,0% per commenced period of a month as from the due date. If the purchase sum is paid after Levinsky has taken steps to recover the claims through the courts, the purchaser shall pay all incidental costs.
Retention of title
All goods shall remain Levinsky property until full payment has been made. All cost incurred in connection with the enforcement of the retention of title shall be paid by the customer.
Complaints shall be made within 14 days of receipt of the goods at the latest. Complaints concerning part deliveries shall not entitle the customer to cancel the remainder of the order. Complaints of non visible damage shall be made within 8 days of the day on which the damage first could have been discovered. Complaints shall be made in writing and contain a precise statement of the nature of the error or defect. Complaints shall be subject to acceptance by Levinsky before any goods are returned.
Reliefs (force majeure)
The following circumstances shall be considered as cases of relief if they impede the performance of the contract of render performance therof unreasonably burdensome: industrial disputes and any other circumstances beyond the control of the parties such as fire, war , mobilization and draft for military service of similar scope, requisitioning, sequestration, currency restrictions, insurrection and civil unrest, shortage of transport, general shortage of materials, restrictions in the use power and nondelivery or delays in deliveries by subsuppliers attributable of any of circumstances mentioned hereunder. The party wishing the claim relief by reason of any of the said circumstances shall notify the other party in writing without delay on the intervention and on the cessation therof. Levinsky reserves the right to terminate the contract if, by reason of any of the said circumstances, the performance of the contract becomes impossible for more than six months.
Shipment - dispatch
In case of orders with special instructions these must be given together with the order and they are without any obligation until confirmed in writing by us. Shipment of goods for this order is on account of the buyer/customer, all risk, damage, missing quantity or late delivery under this transaction will not be honoured by Levensky.
In the absence of any written agreement with Levinsky to contrary, goods shall only be sold from the business address stated on the order.
Venue and law
Any dispute shall be settled by the court in Denmark in accordance with Danish law.