General terms and conditions of sales, delivery and payment of Broadcast Europe ApS / Eurocaster.eu
1. The scope of the conditions
These general terms and conditions of sales, delivery and payment apply to all quotes, sales and deliveries unless otherwise explicitly authorized by the seller in writing.
Broadcast Europe ApS / Eurocaster.eu (hereafter named the seller) only deals with professionals. All sales are regarded as commercial trading between professionals and thus the Danish Trading Law's regulations on commercial trading between professionals apply in all quotes, sales and deliveries. No sales to private individuals.
The Danish Trade Law's regulations on consumer trading and sales are not applicable.
All prices quoted by the seller are based on EURO and are exclusive of VAT unless otherwise stated.
All taxes, duties, or assessments of any kind applicable to the goods listed herein shall be added to the purchase price and shall be paid by the buyer, except to the extent that the buyer has provided the seller with a tax exemption certificate acceptable to all relevant taxing authorities.
The seller reserves the right to adjust all prices until the day of delivery subject to increased expenses in the area of freight, insurance, custom fees and duty on goods, currency exchange rates and similar areas beyond M Pro's influence and/or control.
The seller's conditions of payment are stated on the invoice. If payment is made after its due date the seller reserves the right to charge interests and fees on balances as stated on the invoice from the due date until payment is made. Payments shall always be used to settle due interests and fees on outstanding balances first and hereafter the debts.
The buyer is not entitled to set off any counterclaim against the seller unless specifically approved in writing by the seller. The buyer has no right to withhold any of the payment because of counterclaims of any kind.
In the case of delayed delivery due to the buyer's circumstances the buyer is obliged to pay the seller as if there had been no delay, unless otherwise explicitly authorized by the seller in writing.
4. Reservation of ownership
The seller reserves the right to full ownership to all goods delivered until all claims resulting from the business relations between the buyer and the seller have been fully paid, even if the goods have been sold to a third party in the meantime.
All delivery dates are estimated and will be within reasonable time of the estimated date of shipment. The seller can therefore not guarantee any delivery date.
The seller will always endeavor punctual delivery, but cannot be held reliable for any delayed deliveries.
The seller pays no compensation for delayed delivery and the buyer is not entitled to cancel the sale for reason of delayed delivery.
Delivery of goods shall be ex warehouse and all goods shall be shipped via parcel post, mail or carrier at the buyer's risk.
Buyers will bear the shipping costs.
Orders received by the seller are not subject to change without the seller's specific written consent. If the seller does not want to accept a change to the original order the seller can at its sole discretion, choose to cancel the order in whole.
6. Circumstances of the buyer
If the seller believes that the buyer does not have the financial capacity to fulfil his part of the order or actually prior to this order has failed to make payments on time, the seller reserves the right to cancel such orders.
This will be applicable unless the buyer at the sellers request immediately pays all due balances and makes an advance payment on the current order.
In case of a delivery to a specific named, physical person this person will be held responsible as debtor regardless in which form he manages his business.
7. Product information
The seller cannot be held liable for errors and changes in brochures and other sales materials issued by the producers or distributors of the products.
8. Product changes
The seller reserves the rights to make chances in the products or parts hereof without prior warning as long as it is not to any disadvantage of the buyer.
9. Limitations of liability
The seller will never pay compensation exceeding the amount of the specific purchase.
The seller shall in no event be liable for any loss of use, revenue, profit or costumers or for any direct, indirect or consequential damages arising out of, connected with or resulting from the sale of goods.
The seller can only be responsible for personal damages in the event that it can be proven that the damage is caused by the seller or someone for whom the seller is responsible.
10. Product liability
The Danish Legal regulations on product liability apply with the following exceptions: The seller shall only be liable for the damage caused by delivered goods in so far there can be proven negligence by the seller or one of its employees.
In the event that the seller is held responsible for product liability with regards to a third party the buyer will be obliged to cover the seller's expenses, whose liability is limited to the extend mentioned in the section above.
The seller can never be liable for personal damages exceeding the amount of Euro 1 mill. and damages on goods exceeding the amount of 500.000 Euro.
The seller can never be held responsible for changes in the technical specifications made by the producer. Such claims must always be made directly to the producer of the product.
11. Notice of defects
The buyer is obligated to examine the goods on delivery in order to establish whether the quality and quantity of the delivery is accordance with the order. If the buyer finds this not to be the case, he is obliged to notify the seller in writing about this within 3 days of the delivery regarding visible defects and within 30 days of the delivery regarding invisible or hidden defects.
In case of insufficient delivery regarding quality or quantity the seller reserves the rights to conduct either a subsequent delivery or an entire redelivery.
If the buyer finds that the goods have been damaged during transportation or if he finds that there is a discrepancy between the quantity stated in the consignment note and the goods actually received, the buyer is obligated at the time of the delivery make a written reservation with a claim of compensation towards the carrier.
If a buyer wants to claim compensation for a defect delivery the buyer must notify the seller right away including information of the nature of the defect. If the buyer discovers or should have discovered the defect and does not notify the seller as stated in these terms and conditions the buyer loses his right to claim compensation for this defect.
Changes to, interference in or use of the alleged defective goods by the buyer without the seller’s written consent suspends the seller’s obligation with regards to the specific goods in question.
If the seller requests the buyer to return the alleged defective goods he must do so in the original packaging at his own expense and risk.
The seller reserves the rights to only receive the alleged defective part of a delivery.
The seller also reserves the right to test allegedly defective goods. If no defect is found in the goods they will be returned to the buyer along with an invoice billing the testing time.
12. Returned merchandise
In no case are goods to be returned without first obtaining the seller’s written permission. If having obtains such a permit a copy of the invoice and a written description of the alleged defects must be included in the shipment of the returned goods.
Goods that are not held in stock by the seller can only be returned if defective.
Goods that are held in stock can in a few exceptional cases be returned after having obtained the seller’s explicit permission, if they are shipped in the original, unbroken packaging. The price that the seller will pay for such goods must be negotiated in each individual case, but will always be deducted by at least 15% of the invoiced selling price.
The same applies to C.O.D. shipments that are not collected.
All returned merchandise is shipped at the buyer’s risk and expense.
If the seller receives goods from a buyer without prior arrangements, the goods will once again be shipped to the buyer at his expense and risk, and the buyer will be invoiced a handling fee.
If goods are returned in broken or unoriginal packaging the goods will also be returned to the buyer at his risk and expense, and the buyer will be invoiced a handling fee.
Unless specially written agreement by the seller, seller do not offer warranty. In case of a warranty given by the manufacturer of the goods, the warranty terms of the manufacturer will be transferred to be covering the goods sold from the specific manufacturer.
14. The transfer of rights and obligations
The seller can at its sole discretion transfer all rights and obligations to a third party.
15. Force Majeure
The seller shall not be liable for any loss or damage or delay in delivery due to causes beyond the seller’s reasonable control including, but not limited to strike, war, military call-ups, boycotts, barriers, political disturbances, state intervention.
Should the delivery be interrupted due to Force Majeure the seller reserves the right to cancel the order either partly or in whole, or to postpone the delivery until the hindrance is no longer present.
16. Settlement of disputes
Any disputes arising between the buyer and the seller shall be settled by the ordinary court in Denmark. Place of jurisdiction is Retten I Sønderborg or Vestre Landsret, Viborg, Denmark.
These terms and conditions are valid from November 1st, 2023.