Terms of sale & delivery

1. Validity

  • 1.1 These terms of sale and delivery shall apply to all quotations, sales and deliveries, etc. of MELTON's goods unless otherwise agreed in writing.

2. Quotation and order confirmation

  • 2.1 All quotations shall be made subject to prior sale, cf. Article 3 hereof.
  • 2.2 Irrespective of whether MELTON has made a quotation which is accepted by the Buyer, MELTON shall not be under any obligations and bound as a contracting party until MELTON has subsequently issued a written order confirmation and MELTON shall only be bound by the terms and conditions stipulated herein.
  • 2.3 Quotations which have not already been accepted shall lapse within seven (7) days unless otherwise stated.

3. Prior sale

  • 3.1 Until MELTON has received the Buyer's acceptance of MELTON's quotation, MELTON shall be entitled to conclude agreements with a third party concerning the goods quoted, the consequence of which would be that the quotation submitted to the Buyer will lapse. However, as soon as the acceptance has arrived, MELTON shall inform the Buyer that the quotation has lapsed.
  • 3.2 In case MELTON sells the goods quoted to a third party, the Buyer shall not be entitled to claim performance, damages or other compensation as a consequence of the goods being sold.

4. Prices

  • 4.1 All prices shall be in Danish kroner and exclusive of VAT and other taxes.
  • 4.2 All orders shall be paid at prices which are in force on the delivery date unless otherwise agreed in writing.
  • 4.3 The prices shall apply ex works. MELTON's prices shall be exclusive of freight and packaging.
  • 4.4 The prices included in MELTONS's price lists shall be without obligation and can be changed at any time. MELTON shall accept no liability for printing errors in text and prices.

5. Delivery

  • 5.1 Delivery shall take place ex works MELTON's business address: Ådalen 9, DK-6600 Vejen. Delivery has been effected on the actual handing over of the goods to an independent carrier or the like. The freight shall in every respect be for the Buyer's account and at his risk.
  • 5.2 MELTON focuses on day-to-day delivery in Denmark. The times of delivery stated by MELTON are approximate and may vary. Any change in the time of delivery shall not entitle the Buyer to rescind the purchase, claim damages or a pro rata reduction of the purchase price or any other compensation as a consequence of the changed time of delivery.

6. Payment

  • 6.1 Payment shall be effected net cash no later than on the due date, which is 30 days from the invoice date. In case of payment after the due date, MELTON shall be entitled to charge 2 per cent interest per month or part hereof on the outstanding debt existing at any time.
  • 6.2 All payments shall be in Danish kroner.
  • 6.3 In case of payment after the due date, the Buyer shall, apart from paying interest, also pay a fee of DKK 100.00 each time he is pressed for payment.
  • 6.4 The Buyer shall not be entitled to set off against the purchase sum any claims that he may have against MELTON or to withhold payment of the purchase price due to counterclaims.

7. Reservation of title

  • 7.1 The title to the goods delivered shall not be transferred to the Buyer until MELTON has received cash payment of the entire outstanding amount.
  • 7.2 The Buyer shall be obliged to inform any third party asserting a right to the goods delivered, irrespective of the nature of this right, of the existence of the reservation of title and to inform MELTON hereof immediately.

8. Complaints and duty of inspection

  • 8.1 The Buyer shall immediately upon receipt and before using or reselling the goods inspect the goods carefully.
  • 8.2 In case the Buyer ascertains that the goods are defective, he shall without undue delay immediately after the defect has been established inform MELTON hereof in writing.

9. Special limitation of liability

  • 9.1 In case of complaints of defects, MELTON shall be entitled at its own discretion and within reasonable time to replace the goods (i.e. to deliver new goods corresponding to the goods originally agreed upon) or to remedy the defect. Should MELTON choose to use its right to remedy the defect or replace the goods, the Buyer shall not be entitled to rescind the purchase, claim damages or a pro rata reduction of the purchase price or any other compensation as a consequence of the defect. Moreover, MELTON shall not be liable for any delay resulting from remedying the defects or replacing the goods.

10. Returned goods

  • 10.1 Sold goods shall only be returned after prior written agreement.

11. Trade samples and product changes

  • 11.1 Information on goods and the dimensions, colour and weight, capacity, patterns, technical data, etc. of the trade samples included in catalogues, brochures, drawings or shown on MELTON's website or the like is approximate unless otherwise indicated in MELTON's order confirmation and does not guarantee the properties of the products. It must be expected that deviations in colours and patterns may occur, which is why MELTON shall not be liable for such deviations unless the Buyer is able to document that the deviations are material and that the colour/pattern was an important precondition for the Buyer's conclusion of the agreement.

12. Venue and applicable law

  • 12.1 Any dispute between MELTON and the Buyer shall be settled by the Court in Esbjerg, Denmark, and be governed by Danish law.
  • 12.2 In case the Buyer is domiciled outside of Denmark, the Convention on Contracts for the International Sales of Goods shall, however, not apply.

Februar 2008

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