Terms of sale
1. IN GENERAL
These terms of sales and delivery are applicable for all offers, sales, and deliveries unless the parties have agreed otherwise in writing.
If Arctic Print is to deliver a service that is replacing an existing agreement with one of the customer’s suppliers, the customer is responsible for terminating such agreements unless the parties have agreed otherwise.
If Arctic Print makes an offer that does not specify an acceptance deadline, this offer will expire if a written acceptance has not been received within 30 days from the date of the submission of the offer.
2. DISCLOSURE OF PERSONAL INFORMATION
For the purpose of fulfilling contracts where Arctic Print facilitates deliveries from another supplier, personal information is disclosed to identify buyers/end users. This is done in compliance with the principle of data minimization, which means only necessary information is disclosed.
All prices are in Danish kroner and excluding VAT. Arctic Print’s prices are listed in Arctic Print’s price list, which is applicable at any time, or you can get a concrete offer that also contains information on delivery costs which Arctic Print calculates as a result of changes in exchange rates, customs duties, taxes, fees, or supplier prices, etc. concerning the agreed delivery. If a buyer violates Arctic Print’s guidelines of the guidelines of the supplier in question, Arctic Print reserves the right to invoice the buyer any amount unduly charged or paid, and Arctic Print and/or the manufacturer can ban the buyer from participating in any future projects.
Payment must be made within 14 days from the day the invoice was issued. If payment is made after the due date, Arctic Print is entitled to calculate interest and reminder fees on the payment at 2% per month until the due amount has been paid.
The buyer’s payments are first depreciated on the accrued interest and costs. Then on the debt. The buyer is not entitled to offset any counterclaims against Arctic Print that have not been recognized in writing by Arctic Print and is not entitled to withhold any part of the purchase price due to counterclaims of any kind. If the delivery is delayed as a result of circumstances related to the buyer of any kind, the buyer is obligated to pay Arctic Print as if delivery was made at the agreed-upon time. Arctic Print may deviate from this by written notice.
5. RESERVATION OF OWNERSHIP:
Arctic Print reserves the ownership of the delivered goods until the entire purchase price, including delivery costs and any interests, has been paid in full.
Orders are shipped from a Danish warehouse. Delivery is at the buyer’s expense unless it is explicitly stated that the delivery costs are included in the price. Arctic Print determines the delivery time according to the circumstances at the time the offer or agreement is made. Arctic Print cannot be held responsible for delays in delivery but will always strive to deliver in a timely fashion. Transport insurance is charged as 0.4 percent of the invoiced amount + shipping, including 10% imaginary profit.
7. IMPORT AND EXPORT REGULATIONS:
All products, spare parts, technical data, software, and documentation may be subject to import and export laws and regulations including, but not limited to, those originating in Denmark, the European Union, the United States of America, and the importing country in question if the buyer exports the goods. The buyer is obligated to comply with all import and export laws and regulations and obtain all necessary permissions and/or licenses.
8. ERROR IN ORDERING / RETURNS:
Goods are usually not returnable. In special cases, the return of goods/cancellation of orders can be facilitated by a prior written agreement and only applies to stock items in unopened original packaging. Upon return of goods/cancellation of orders, Arctic Print reserves the right to charge a return fee of 15% of the invoice value, including shipping from the supplier and the return to the supplier. However, the minimum fee would be DKK 350. The goods are credited at the currently applicable prices.
9. PRODUCT INFORMATION:
We reserve the right to make errors and change information in brochures and other sales material. Any errors and changes cannot be claimed against Arctic Print.
10. PRODUCT CHANGES:
Arctic Print reserves the right to change the products or parts thereof without warning if this does not negatively affect the buyer’s usage of the product.
11. INTELLECTUAL PROPERTY RIGHTS
All trademarks on the product are, and remain, the property of the respective rights holders. The use of these trademarks requires prior permission from the respective rights holders. All use and delivery of software are regulated by the licensing agreement included with the product. The software included in the delivery/product is handed over to commercial buyers for the purpose of reselling it once and to consumers solely for the purpose of using it, which means that consumers are not allowed to copy nor transfer the software so it can be used by others*. The right to repeated use of the software requires a special written agreement with the licensor in question.
Arctic Print disclaims any responsibility for the buyer’s infringement of intellectual property rights if goods are exported from the country to which Arctic Print delivered the goods. Arctic Print cannot guarantee that the rights to use the product in the country in question are covered by the licensing agreement. *depending on the licensing agreements in question
12. DEFECTS AND COMPLAINTS:
Upon delivery, the buyer must examine the purchased goods with respect to the goods’ suitability for their intended business use. Complaints must be made in writing to Arctic Print immediately and no later than 48 hours after the goods have been received, and the buyer must describe the defect. If the buyer has discovered, or should have discovered, the defect and do not complain as described, the buyer cannot make a claim regarding the defect later on. Arctic Print can choose to remedy the defect or issue a replacement/exchange.
Changes or modifications made to the purchased product without Arctic Print’s written consent release Arctic Print from any obligation or liability. If Arctic Print requests it, the buyer must return the defective item to Arctic Print in its original packaging immediately following the complaint, at the buyer’s own expense and risk. Arctic Print reserves the right to, at any time, only receive the allegedly defective part. If Arctic Print has agreed to perform service through a separate agreement, the service obligation only covers the sold products.
Arctic Print reserves the right to test goods that are claimed to be defective. If Arctic Print finds that the good in question is not defective, it should be expected that the good will be returned with an invoice for the work performed. Arctic Print will only replace/exchange the product or offer credit after testing the item.
Exchanges: The item is exchanged for an item and a quantity corresponding to the returned item.
13. LIMITATION OF LIABILITY:
Arctic Print's liability is limited to direct losses, and Arctic Print cannot be held liable for operating losses, profit losses, or other indirect losses. Arctic Print is not liable for delays or defects as a result of remediation, replacement, or attempted repairs. Arctic Print’s liability for any direct losses cannot exceed the at any time applicable coverage amount under Arctic Print´s professional liability insurance, which currently stands at [10,000,000.00 DKK] per damage and in total per year. As a result, Arctic Print may only be met with a claim as long as the insurance’s maximum amount of DKK 10,000,000.00 per year has not been utilized.
Arctic Print cannot be held liable if the following conditions prevent the fulfillment of the purchase or make fulfillment unreasonably burdensome (force majeure);
Labor disputes or other circumstances which the parties cannot control such as fire, war, mobilization or the like, requisition, seizure, currency restrictions, riots and unrest, lack of transport modes, scarcity of goods, energy/utility restrictions, delayed deliveries from subcontractors, labor disputes, natural disasters, epidemics and pandemics, legislative injunctions to restrict people in public spaces, missing and/or delayed deliveries from subcontractors due to border closures, etc., which is due to any of the circumstances mentioned in this section or other circumstances that have significantly impeded Arctic Print's fulfillment of the agreement.
If one or several of the above-mentioned circumstances had occurred before the offer or the agreement was made, they will only entail exemption of liability if their influence on the fulfillment of the agreement could not be foreseen at this time. The products are designed for typical commercial use. Use of the products in critical systems, including security, nuclear, military facilities/installations, public utilities, life-saving installations, or the manufacture of weapons, is not permitted unless the written permission of the manufacturer in question is obtained.
14. PRODUCT LIABILITY:
To the extent that nothing else follows from Danish law’s mandatory rules on product liability, the following restrictions apply: Arctic Print is only liable for damage caused by an item delivered by Arctic Print to the extent that it can be proven that the damage is due to Arctic Print’s fault or negligence. Arctic Print’s product liability cannot exceed the at any time applicable coverage amount under Arctic Print’s business and product liability insurance which currently stands at [10,000,000.00 DKK] per damage and in total per year. As a result, Arctic Print may only be met with a claim as long as the insurance’s maximum amount of DKK 10,000,000.00 per year has not been utilized.
The product liability is also maximized to the coverage amounts under the product liability insurance's subtotals regarding ingredient and component damage and/or loss (1,000,000.00 DKK per damage and in total per year) as well as hazard prevention (1,000,000.00 DKK per damage and in total per year) and, finally, sudden contamination (2,000,000.00 DKK per damage and in total per year). As a result, Arctic Print may only be met with a claim covered by the above subtotals as long as the maximum amounts of the individual subtotals have not been utilized.
15. TRANSFER OF RIGHTS AND OBLIGATIONS:
Arctic Print is entitled to transfer all rights and obligations to a third party in accordance with the agreement.
Any dispute between Arctic Print and the buyer must be settled in accordance with Greenlandic law.
17. RULES REGARDING CANCELATION OF SERVICES
If the customer cancels later than two business days before the service was to take place, the customer will be invoiced 50% of the price. If the customer cancels on the day the service was supposed to take place, the customer will be invoiced 100% of the price.