Terms and Conditions JAS
These terms and conditions of trade apply to any transaction between the customer and JAS. Any deviations from these sales and delivery conditions must be made through a separate written agreement between the parties. JAS' product is delivered in a commercial trade, and the customer acknowledges having acted in a business context.
- Quotation Material
Drawings, estimated prices, and comparable data remain the property of JAS. The customer may not, without JAS' consent, make this material available to third parties.
Prices are always stated excluding VAT. Unless otherwise specified, prices are in Danish Kroner (DKK). Prices for goods not to be delivered immediately are agreed upon subject to no changes in public expenses, exchange rates, customs duties, or similar before delivery. If such changes occur, and one of the parties suffers a loss or gains a profit as a result, prices will be adjusted accordingly.
Delivery takes place in accordance with Incoterms 2000 EXW - Ex Works Kibæk, unless otherwise agreed. The customer cannot make any claims for compensation in the event of a delayed delivery. JAS will ship goods in the best, cheapest, and most responsible manner. If a different distribution method is chosen, it will be at the customer's own expense, administration, and risk.
- Payment Terms and Interest
The agreed purchase amount must be paid in accordance with JAS' payment terms. By default, the customer has 14 days net from the invoice date or net cash at JAS' discretion when entering into an agreement/order. Any deviations from payment terms must be made through a separate written agreement between the parties. If payment is made after the due date, interest at 2% per month is calculated, with interest accruing from the due date.
- Ownership Reservation
Ownership of the sold goods remains with JAS or the party to whom JAS has transferred its rights/claims until the full purchase amount, including interest, costs, and any delivery, etc., is fully paid.
- Return of Goods
JAS generally does not accept returns of custom-made goods. This can be deviated from by prior agreement with the customer. In these specific situations, the customer is responsible for the return of the sold goods at their own expense and risk.
- Product Liability
JAS is only liable for personal injury if it is proven that the injury is due to an error or negligence committed by JAS or others for whom JAS is responsible. Compensation for personal injury can never exceed the current compensation level under Danish law.
JAS is not liable for damage caused by the sold goods:
-On real property or movable property that occurs while the sold goods are in the customer's possession.
-On products manufactured by the customer or on products in which these are included, or for damage to real property or movable property caused by these products as a result of the sold goods.
In no event is JAS liable for loss of business, lost profits, or other indirect losses. The customer must indemnify JAS to the extent that JAS is held liable to third parties for such damage and loss that JAS is not liable for to the customer under this provision. If a third party makes a claim against one of the parties for compensation under this provision, that party must immediately inform the other party thereof. JAS and the customer are mutually obliged to be sued by the court or arbitration tribunal that handles compensation claims brought against one of them based on damage or loss alleged to be caused by the sold goods. However, the relationship between JAS and the customer must always be settled in accordance with the jurisdiction under these terms and conditions.
- Force Majeure
JAS is not responsible for delivery delays or non-performance if it is demonstrated that the delay or non-performance is due to war, riots, civil unrest, government intervention, blockade, interference from local authorities, confiscation, fire, natural disasters, strikes, lockouts, export or import bans, interruptions in general transport, epidemics, pandemics, defective, or delayed delivery from subcontractors, or other causes beyond JAS' control that are suitable for delaying or preventing the manufacture and delivery of the sold goods. In case of a delivery impediment of the above-mentioned nature, delivery time is postponed by a time interval corresponding to the duration of the delivery impediment, as determined by JAS.
- Jurisdiction and Choice of Law
Any disputes between the parties are settled by the ordinary courts in Denmark and under the application of Danish law, except for the choice of law rule in the Law on International Sale (CISG).
- Version 1.1 Kibæk, September 2023
Version 1.1 Kibæk september 2023