1.0 Offer, acceptance, and order confirmation
1.1 Unless otherwise indicated, an offer shall only be binding for Datacompagniet if it is accepted immediately by mail within 5 days from the date stamp of Datacompagniet's offer.
1.2 In the event that the order confirmation exceeds or is less than buyer's order or deviates from its conditions, and if buyer will not accept said changes, buyer shall notify DataCompagniet accordingly within 5 days. In case of the contrary, only Datacompagniet's order confirmation shall be valid.
2.0 Reservations regarding out-of-stock products.
2.1 Unless otherwise indicated, any offer from Datacompagniet regarding a product that is not in stock is issued with reservations for the possibility of acquiring the product in question, and any offer is issued with reservations for amended provisions for import or export of goods. In the event that these reservations are updated, Datacompagniet shall be entitled to withdraw the issued offer without entitling the receiver of the offer to file any claim of any kind.
2.2 The terms and conditions indicated for offers shall likewise apply to orders received by Datacompagniet.
3.1 Upon request, Datacompagniet may offer configuration services to buyer in accordance with current rates in effect and the manufacturer's guidelines. Buyer shall be solely liable for any configuration services performed according to buyer's indications or specifications, and which are not in accordance with the manufacturer's guidelines. Datacompagniet does not grant any separate warranty for configured products and thus only offers the warranty that the manufacturer provides for the original product. For certain software program installations, it will be necessary to learn details about the end user to enable compliance with licenses.
4.0 Transfer of liability
4.1 The goods shall be delivered from Datacompagniet's warehouse. Product liability shall be transferred upon buyer's receipt of the products. In the event of transportation using Datacompagniet's carrier, product liability shall be transferred upon buyer's receipt at the agreed-upon location. In the event of delivery of goods at Datacompagniet's warehouse, or in the event that transportation takes place using buyer's own carrier, transfer of liability shall occur upon receipt of the goods at Datacompagniet's warehouse.
5.0 Delivery time and delays
5.1 Any indication of delivery time shall constitute an approximate estimate.
5.2 Datacompagniet shall be further entitled to postpone the approximate delivery time insofar as such postponement is necessitated by conditions beyond the control of Datacompagniet, cf. the force majeure clause below.
5.3 Pursuant to item 5.2, in the event that the indicated and respective specified delivery terms are significantly exceeded, buyer shall be entitled to cancel the purchase; however, delayed delivery shall not entitle buyer to indemnity for any direct and/or indirect loss, regardless of the reason for such loss, including negligence.
6.0 Force majeure
6.1 Datacompagniet shall be entitled to annul the purchase order or postpone the execution of any such and shall otherwise not be liable for any lack of, defective, or delayed delivery that is fully or partially caused by circumstances beyond the control of Datacompagniet, such as rioting; civil unrest; warfare; fire; government rules and regulations; strikes; lock-outs; slow-downs; lack of means of transportation; scarcity of goods; disease or delays during or flaws in deliveries from supplier; accidents during manufacturing or testing; or lack of energy supply. In any such events, any and all buyer remedies shall be rendered null and void. Neither in case of annulment or postponement of execution shall buyer file any claim for indemnity or any other claim against Datacompagniet.
7.1 The goods shall be delivered with any such warranties as are offered to Datacompagniet by the manufacturer. If buyer wishes any additional, extended, or on-site warranty from the manufacturer, it must be noted that a declaration of intent from the manufacturer exists, which indicates an agreed-upon time, and neither in the case of delayed or defective performance of the duties of warranty shall buyer be able to file a claim for indemnity or any other claim against Datacompagniet. It shall be further emphasized to buyer that different guidelines apply to the respective manufacturers' warranty arrangements in terms of what condition the damaged goods are brought to, including software installations. When restoring software, a standard installation of Win NT or Novell will typically be performed without installation or adjustments for proprietary configurations such as antivirus, back-up software, etc. For exact specifications, see the respective manufacturers' warranty arrangements.
7.2 Buyer shall be obligated to inspect goods immediately upon receipt. Any complaints shall be submitted in writing no later than 7 days from the date of receipt. As far as hidden defects are concerned, the deadline for complaints shall be extended to 3 months.
7.3 If, within three months of the date that the item is transferred to buyer, buyer fails to inform DataCompagniet that buyer intends to claim a defect, purchaser shall not be able to make a subsequent claim for said defect unless Datacompagniet has accepted to extend a warranty for the item for an extended period of time or has acted in a fraudulent manner.
8.1 Datacompagniet accepts to exchange or repair parts that contain manufacturing defects within a three-month period from the date the product is shipped, provided that:
1. Buyer files the complaint within due time.
2. Defective goods are returned to DataCompagniet by buyer.
3. Upon completion of an investigation, Datacompagniet finds grounds that the existing defects are caused by defective material or manufacturing and that they are not the result of improper handling or storage, neglect, installation, repair, or changes carried out by buyer; or that they are grounded in fortuitous events.
8.2 Except for the terms and conditions provided by item 8.1, Datacompagniet shall not be liable for defective deliverables regardless of the cause of such defect, including negligence. It is particularly noted that item 8.1 does not include software, and Datacompagniet shall not be liable for defects related to delivered software.
8.3 In the event that Datacompagniet does not perform re-delivery or repairs, and provided that Datacompagniet is indemnifiable according to Danish law, any indemnity shall be limited to an amount equivalent to the cost of repairing the defect of the deliverable, and it shall not exceed the agreed-upon purchase price.
8.4 In any case directly or indirectly related to the deliverable, its use, or other services provided by Datacompagniet, Datacompagniet shall not be liable for indirect loss or consequential damage such as operating loss; unrecoverable expenses; personal injury; property damage; or any other consequential damage, including loss or corruption of data or control systems. Thus, Datacompagniet shall never be liable for operating loss, loss of profit, or any other indirect loss.
8.5 Datacompagniet shall not be liable for defects in deliverables insofar as such defects are caused by errors or negligence by part of Datacompagniet's suppliers or otherwise arise from supplier issues. Insofar as Datacompagniet should have any justifiable claim against a supplier, Datacompagniet shall hereby transfer such claim to the buyer in such a manner as to obligate the buyer to file a claim directly against the supplier.
8.6 As far as products sold with user instructions are concerned, reference is made to any such particular obligations as should apply to replacement/repair.
8.7 The aforementioned limitation to any indemnity amount shall be valid regardless of how the claim for indemnity is grounded or expressed, and it shall thus also apply to claims grounded in carelessness or negligence.
8.8 Under no circumstances shall Datacompagniet be liable for damage caused by buyer's failure to fulfil the obligations to which buyer is subject. Furthermore, Datacompagniet shall not be liable for any indirect damage or consequential damage, including operating loss, predicted savings, or any claim filed against buyer by a third party, even if Datacompagniet has been made aware of such damages, operating loss, or claims.
8.9 Datacompagniet does not guarantee that the delivered products will function flawlessly or without operating stoppage, or that any and all software flaws will be corrected.
8.10 Datacompagniet provides no guarantee or statement that the products that we sell are or will be Year 2000 compliant. Any terms and conditions to the contrary that may be substantiated by law, ordinances, etc. are hereby excluded to the extent permitted by law. Buyer shall indemnify Datacompagniet, whether with or without contract, for any tortuous conduct, whether careless or otherwise, including loss, damages, expenses, claims for compensation, or any other liability whatsoever that buyer might incur or suffer as a direct or indirect consequence of the failure of products delivered to buyer by Datacompagniet to be Year 2000 compliant. In this regards, products shall not considered to be Year 2000 compliant if their performance or operating ability are adversely affected by the occurrence of Year 2000.
The aforementioned terms and conditions shall apply to any and all contracts or agreements pertaining to the sale and/or installation of products, and it shall exclude any deviating terms or conditions printed in or referred to in documents issued by buyer. Such conditions shall not apply to the contract or the agreement and shall not constitute a counteroffer.
9.0 Product liability
9.1 Datacompagniet shall only be liable for personal injury caused by the delivered product if it is documented that such injury is caused by carelessness exercised by DataCompagniet.
9.2 Datacompagniet shall not be liable for damage to real and personal property.
9.3 Datacompagniet shall not be liable for operating loss, lost earnings, or any indirect loss of any other nature.
10.1 The posted prices include packaging and customs charges but do not include VAT and shipping and handling charges.
10.2 Unless otherwise agreed, buyer shall pay shipping and handling charges.
10.3 Datacompagniet's freight rates and handling charges are adjusted once annually at the beginning of each new calendar year.
10.4 Freight rates and handling charges are available upon request.
10.5 Datacompagniet shall be entitled to change the prices on the delivery date in accordance with fluctuations in foreign exchange rates, purchase prices, customs levies, freight or insurance rates, or other conditions beyond the control and influence of Datacompagniet.
10.6 If Datacompagniet's expenses increase as a result of buyer issues, Datacompagniet may demand compensation for any such.
11.1 If buyer fails to pay on time, Datacompagniet shall assess interest beginning on the due date of the invoice. The interest shall be calculated at the time of payment according to an annual percentage rate of 24%. The interest invoice is assessed once monthly. In addition, Datacompagniet may demand compensation for reminder fees, collection fees, and other fees related to collection of the purchase amount, including wage estimates according to Datacompagniet's regular wage scale. Buyer's duty to pay on time shall remain in effect even if buyer complains about defects or flaws. Alternatively, buyer shall deposit the purchase amount with Datacompagniet in the event that any claim for defects or flaws arises. Under all circumstances, buyer shall be obligated to make timely payment for the part of the deliverable that does not contain any defects or flaws.
11.2 Agreed discounts shall only be provided if payment is made in a timely manner.
12.1 Goods may only be returned per prior written agreement. Return shipments shall take place in the unopened and undamaged original packaging containing the original invoice number and date as well as RMA no. In cases where a credit is due, Datacompagniet reserves the right to charge a return fee of 15% of the invoice amount.
13.0 Property issues
13.1 Datacompagniet reserves the property right to the sold item(s) until full and final payment has taken place.
13.2 Datacompagniet requires that buyer insure the sold item(s) through a recognized insurance company with coverage and terms subject to approval by Datacompagniet.
14.0 Liability of addressee
14.1 In the event that an offer or a delivery from Datacompagniet is addressed to a physical person, Datacompagniet shall be entitled to consider such person the liable debtor, regardless of whether or not such person operates a business as a company.
15.0 Annulment of order by buyer
15.1 For certain product categories, buyer shall have the option of annulling an order or postponing its delivery date under certain conditions and in exchange for the payment of a special fee, provided that an advance agreement to such effect exists with Datacompagniet.
16.0 Catalogues, descriptions, etc.
16.1 Any information regarding weight, dimensions, capacity and technical data in catalogues, descriptions, prospects, advertisements, etc. – regardless of whether it originates from Datacompagniet or one of its business connections – shall be considered to be for informational purposes only and shall only be binding inasmuch as it expressly refers to any such in the offer and/or order confirmation.
16.2 For products of a nature that requires special documentation pertaining to mounting, connection, operation, and/or maintenance, Datacompagniet shall supply buyer with any such documentation free of charge no later than at the time of product delivery.
16.3 Special requirements issued by buyer shall only be binding insofar as they are confirmed by Datacompagniet in writing.
17.0 Buyer's financial situation
17.1 In the event that Datacompagniet does not consider the buyer's financial situation to allow for the established payment terms, or in the event that buyer fails to comply with payment terms pertaining to previous deliveries, Datacompagniet shall be entitled to annul any pending order, unless, upon written notification thereof, buyer immediately pays for all previously delivered goods and accepts to pay COD for the pending order.
18.0 E-commerce and your security
How do we safeguard your information?
We use encrypted communication for all sensitive data transfers. This means that in practice, the entire order process – from the time you key in your email address (either as a new or existing customer) – would take years to decode if the line were to be "bugged". The encryption that is used is the strongest that is currently available (128 bits). Please be aware that certain older browsers can only handle 40-bit encryption. 40 bits are easier to "break" than 128, but for all practical purposes it is still unfeasible. To view which encryption method your browser uses, you can place the mouse above the padlock icon in the lower part of the browser window.
The next page will show a padlock icon in the status field of your browser. If a warning pops up, it is because we use the same certificate for several of our web sites – click yes/ok to continue. You can click on the padlock icon to view information about the certificate and who issued it. The following pages are not available without this padlock icon being visible in the browser window.
Civil registration/credit card number
We do not store civil registration numbers; we only use them for encrypted review upon request through our credit information supplier. In the event that you pay with bank/credit card, we store the number, but this number is only accessible through encrypted communication, even when it is for administrative purposes.
Resale/forwarding of information
The information that you provide when you do business with us will only be used by us. We will never forward personal information to third parties without your consent, unless required to do so by law.
19.0 Patent and license rights
19.1 Datacompagniet's sale of parts, components, and/or material does not grant buyer any license entitlement regarding any patent nor any exclusive rights regarding any combination, machine, or process in which the sold parts, components, and/or material are used or might be used.
20.0 Partial invalidity
20.1 In the event that one or more of the provisions of this agreement were to be found invalid, illegal, or unenforceable, the validity, legality, or unenforceability of any of the other provisions shall not be affected or deteriorate in consequence thereof.
21.0 Claims – statute of limitations
21.1 No claim arising in connection with this contract, regardless of its nature or basis, may be filed by any of the parties more than one year from the time of the occurrence of the cause for such claim.
22.1 Exceptions to the aforementioned sales and delivery terms and conditions may only take place through express written agreement between the parties.
23.1 Legal issues arising from this contract, its corresponding appendices, and their interpretation shall be resolved according to Danish law.