Changes coming soon
1.1. The General Terms & Conditions according to NL92 shall apply when the parties agree in writing or otherwise thereto. Deviations from the
Terms & Conditions shall not apply unless agreed in writing.
2.1. Where a trade term has been agreed, it shall be interpreted in accordance with the INCOTERMS in force at the formation of the contract.
2.2. If no trade term is specifically agreed the delivery shall be considered to be Ex Works. 2.3. All deliveries are shipped on non-interchangeable EUR pallets.
3.1. All price quotations are EX WORKS (per Incoterms) from Aviatec’s principal place of business in Denmark, and do not include costs for
packaging, postage or other freight charges, customs duties, insurance or VAT, if any.
3.2. Aviatec reserves the right to adjust the prices commensurate with the rise or fall in Aviatec’s purchase prices (plus/minus 10%), taxes, duties, transport charges, wages and currency fluctuations occurring from the time of quotation until the time of delivery of the products. Except in the case of any written agreement to the contrary, prices are quoted exclusive of VAT, custom duty or any other taxes or levies imposed on the products and insurance costs.
3.3. All offers are valid for 30 days from date of offer.
4. Terms of payment
4.1. Payment terms are 30 days net
4.2. In the absence of any written agreement to the contrary, the buyer shall make prepayments in cash against any invoice from Aviatec or by an irrevocable and confirmed letter of credit opened in a first-class bank and payable through Sydbank Bank, Aalborg.
4.3. If any payment is not made to Aviated in the agreed currency, Aviatec reserves its right to claim compensation from the buyer (in addition to the amount to be paid) for any depreciation of the currency in which payment is made compared to the agreed currency in the period from the date of Aviatec’s written order confirmation until the day when the payment has been received by Aviatec.
4.4. In the event that the buyer fails to effect payment within the due date set forth in any invoice, notice etc. from Aviatec, interest shall accrue at a rate of 2,5% per month commenced after such due date.
4.5. The buyer is not entitled to set off any claim relating to the delivery in question or other legal matters against payment for the products to Aviatec and shall have no right of retention or non-payment as a result of any delay, complaint or alleged counterclaim against Aviatec. 4.6. The goods shall remain the property of Aviatec until paid for in full to the extent that such retention of property is permitted by the applicable law.
5.1. IN NO EVENT SHALL AVIATEC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL OR USE, INCURRED BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, OR IMPOSED BY STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5.2. NOTWITHSTANDING THE TERMS AND CONDITIONS SET FORTH, AVIATEC’S LIABILITY – WHETHER BASED UPON CONTRACT, TORT, EQUITY, NEGLIGENCE OR ANY OTHER LEGAL CONCEPT – SHALL IN NO EVENT EXCEED THE VALUE OF CUSTOMER’S ORDER, AS DESCRIBED ON THE ORDER FORM, OR THE ORDER VALUE FOR (1) CALENDER YEAR, WHICHEVER AMOUNT IS LOWER. IT IS AGREED AND ACKNOWLEDGED THAT THE PROVISIONS OF THIS AGREEMENT ALLOCATE THE RISKS BETWEEN AVIATEC AND THE CUSTOMER, THAT AVIATEC’S PRICING REFLECTS THIS ALLOCATION OF RISK, AND BUT FOR THIS ALLOCATION AND LIMITATION OF LIABILITY, COMPANY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT.
6. Terms of delivery
6.1 Except in case of any written agreement to the contrary, delivery shall be considered to be EXW in accordance with the INCOTERMS in force at the time of the order confirmation.
6.2 If the buyer has not informed in writing of any specific means of transportation, Aviatec may, at its sole discretion and at the risk of the buyer, choose the means of transportation of the products.
7. Force Majeure
7.1. The following circumstances shall be considered as grounds for relief if they impede the performance of the contract or makes performance unreasonably onerous: industrial disputes and any other circumstance beyond the control of the parties such as fire, war, mobilization or military call up of a comparable scope, requisition, seizure, currency restrictions, insurrection and civil commotion, shortage of transport, general shortage of materials, restrictions in the use of power and defects or delays in deliveries by sub-contractors caused by any such circumstance as referred to in this Clause. The above described circumstances shall constitute grounds for relief only if their effect on the performance of the contract could not be foreseen at the time of formation of the contract.
7.2. The party wishing to claim relief shall notify the other party in writing without delay on the intervention and on the cessation of such
If grounds for relief prevent the Buyer from fulfilling his obligations, he shall compensate the Seller for expenses incurred in securing and protecting the goods.
7.3. Notwithstanding other provisions of these General Terms & Conditions, either party shall be entitled to terminate the contract by notice in writing to the other party if performance of the contract is delayed more than six months by reason of any grounds for relief as described in Clause 7.1.
8. Applicable Law
8.1. Disputes arising out of or in connection with the contract shall not be brought before the court, but shall be finally settled by arbitration in accordance with the law on arbitration applicable in Denmark.
8.2. All disputes arising out of the contract shall be judged according to the law of Denmark.