B2B Sale Terms

Anyware Solutions ApS
Monrads Allé 9
2500 Valby
Denmark
CVR number 37259322

Last updated: 8 December 2017

 

1. Scope
    1. These Sales Terms apply for all trade between Anyware and business enterprises (hereinafter “Customer”).
    2. No other sales terms can apply instead of these Sales Terms or on the side of these Sales Terms.
    3. Any amendment(s) or additions to the Sales Terms shall be specifically agreed and signed through Appendix A.
2. Orders and Deliveries
    1. When a firm order is placed by Customer, Anyware sends an order confirmation to Customer. As a standard, all orders within agreed forecast will be delivered to Customer within four (4) weeks of reception of order confirmation. If no forecast is agreed, the delivery date stated on the Order Confirmation applies. If normal delivery conditions cannot be fulfilled due to shortage of stocks or other production issues, the estimated timeframe will be stated in the order confirmation by Anyware.
    2. The risk and title to the Products shall pass to Customer when they are handed over to Customer or to a carrier, common carrier or a shipping agent acting on behalf of Customer.
3. Prices and Terms of Payment
  1. The purchase prices for the products are listed in Appendix B. Anyware is entitled to adjust prices with 14 days’ written notice to Customer.
  2. Anyware may provide a list of recommended retail prices; however, Customer shall at all times be entitled to determine its own prices.
  3. Terms of payment is at order confirmation with 8 days net in Danish Kroner (DKK) and by bank transfer to Anyware:

    [BANK]

    [ACCOUNT NO.]

    [IBAN]

  4. All value-added, transfer, sales and other taxes required with respect to the products sold by Customer, shall be borne by Customer.
  5. Terms of delivery are ex works Denmark.
4. Regulations
  1. All Anyware’s products are CE marked. Anyware is not responsible for any other specific compliance with relevant laws relating to labelling and packaging of the products, unless specifically agreed in writing and described in Appendix A.
5. Intellectual Property
    1. Partner shall sell the products in its own name. Anyware can never be responsible for any infringements in this regard.
    2. Partner will not remove or alter any patent numbers, notices, batch numbers, serial numbers, tags or other identifying marks, symbols or legends affixed to products or their containers or packages, except as strictly necessary for Customer’s sale of the products in accordance with applicable law.
    3. In the event that Customer obtains knowledge of a violation or a potential violation of Anyware’s intellectual property rights, Customer shall inform Anyware of any such violation as soon as possible.
    4. This Agreement shall not constitute a grant to Customer of any property rights or interest in any trademarks belonging to Anyware.
6. Product Warranty
  1. Anyware hereby warrants to supply the products in a sound and merchantable condition free of defects.
  2. In case of defect(s), Customer has the obligation to notify Anyware thereof in writing immediately and no longer than fourteen (14) days after the day of arrival at Customer’s premises. If Customer fails to do so, notwithstanding whether Customer has discovered or ought to have discovered the defect(s), Customer may not rely on the defect at a later time.
  3. Anyware will credit Customer the purchase price for product(s) with defects or replace the relevant product(s) free of charge.
  4. All products have a limited warranty of two (2) years towards consumers in accordance with and to the extent required by the Danish Act on Sale of Goods (købeloven).
7. Limitation of Liability
    1. In case of breach of any obligations, Anyware’s liability is limited to fullest extent permitted by law.
8. Force Majeure
    1. Anyware shall not be liable for any failure or delay in carrying out its obligations to the extent that such failure or delay is the result of force majeure, including, without limitation, fire, flood, storm, explosion, war, riot, restrictions imposed by any Governmental Authority, governmental orders, or any other event beyond the reasonable control of Anyware.
9. Choice of Law and Venue
    1. This Agreement is subject to Danish law.
    2. The legal venue shall be the Maritime and Commercial High Court in Copenhagen.

Designed in Denmark

Anyware Solutions ApS
Monrads Allé 9
2500 Valby
Denmark

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