DST Trading Conditions

1. GENERAL

  • The following General Terms and Conditions are valid for all offers and sales contracts between DST and the customer unless expressly derogated from by written agreement.
  • By entering into an agreement with DST the customer agrees that the agreement is entered into on these General Terms and Conditions unless expressly derogated from, and that any standard conditions or other terms forwarded at any time by the customer may not be considered a part of the agreement between the parties unless expressly accepted in writing by DST.
  • The General Terms and Conditions combined with a contract between the parties serves as an agreement. Acknowledgement of order may serve as a contract between the parties in this regard.

2. OFFERS AND ACKNOWLEDGEMENT OF ORDERS

  • An offer made by DST is to be considered an invitation to tender.
  • All offers/tenders must be accepted by written acknowledgement of order by DST to be binding.

3. SPECIFICATIONS

  • All information on weight, dimensions, capacity, price, technical or other data stated or illustrated in catalogues, circulars, advertisements, illustrated matter or price lists is to be considered approximate. Such information is not binding for DST unless stated specifically in the contract between the parties.
  • All offers/tenders must be accepted by written acknowledgement of order by DST to be binding.

4. PRICES

  • All sales are made at the price valid on the date stated in the contract or the date of DST’s acknowledgement of order.
  • Prices stated do not include VAT or other public tax or duty and does not include packaging. These amounts will be charged in addition to the purchase price.

5. TERMS OF PAYMENT – RETENTION OF TITLE

  • Unless otherwise agreed in the contract between the parties, payment must be made net cash no later than 10 days after the invoice date.
  • If payment is not made when due interest will accrue on the overdue amount at 1½ percent per each month commenced.
  • DST reserves all rights of ownership to the delivered goods until the total amount stated in the invoice is paid in full.

6. TIME AND TERM OF DELIVERY

  • Unless otherwise stated in the contract between the parties or acknowledgement of order all deliveries are made Ex Works.
  • The time of delivery stated in the contract between the parties is approximate unless a definite time of delivery is expressly guaranteed. Such guaranteed delivery or completion at a definite time is subject to the customer’s fulfilment in due time of the customer’s contractual obligations.
  • If an expressly guarantee to deliver within or at a definite time has been given, the customer is entitled to cancel the delivery if DST fails to deliver on time.
  • If a definite time of delivery has been expressly agreed upon in writing, such time of delivery is always stated with reservation for delays due to labour conflicts or other reasons beyond DST’s reasonable control. The time of delivery will be deferred if necessary for a period corresponding to the duration of such delay. Delivery for the reasons referred to here shall in every respect be considered as having been effected in due time.
  • The customer shall not be entitled to claim any compensation due to default in delivery. Furthermore, DST shall not be liable for any consequences vis-à-vis any third party due to default in delivery.

7. RESPONSIBILITIES FOR DEFECTS AND SHORTAGES

  • The customer must inspect the received goods immediately upon delivery.
  • Claims concerning defects and shortages must be made without undue delay and no later than 8 days after the de-livery has taken place.
  • If DST accepts a claim as justified, the defective or the missing goods will be repaired or replaced or subsequently delivered as soon as possible. DST shall incur no further liability for defective or insufficient delivery vis-à-vis the customer or any third party.
  • In the event that the goods prove unusable owing to faulty material or manufacture, DST undertakes to replace or repair such goods free of charge during the first 12 months after the delivery. It is a condition that the goods have been used under normal conditions in accordance with DST’s instructions and specifications.
  • DST’s liability is limited to the above and thus, does not cover, i. a.: wear and tear, damage caused by carelessness or negligence by the customer.

8. LIABILITY FOR DAMAGE CAUSED BY THE PRODUCT (PRODUCT LIABILITY)

  • DST is liable for damage caused by the goods to the extent that the damage are caused by the wrongful intent or gross negligence of DST Otherwise, DST is exempted from all li-ability unless otherwise imposed by mandatory statutory provisions.
  • DST shall in no circumstances be liable for loss of production, loss of profit or other consequential damage or indirect loss.
  • To the extent DST might incur product liability vis-à-vis any third party, the customer shall indemnify DST as far as any clause has limited DST’s liability in these general terms and conditions.
  • In the event a third party presents a claim against the customer under this clause the customer shall notify DST without undue delay.

9. EXEMPTION FROM LIABILITY (FORCE MAJEURE)

  • DST shall not be deemed in default hereunder if the performance of DST is delayed or prevented due to acts of God, floods, fires, storms, governmental restrictions, prohibitions, regulations, requisitions, labour disputes or any other cause beyond the reasonable control of DST, to the extent that such cause actually prevents or delays the performance of obligations hereunder. If DST is claiming the benefit of this section DST shall use reasonable efforts to fulfil its obligations under the contract with the shortest possible delay.

10. APPLICAPLE LAW AND VENUE (DISPUTES)

  • This agreement and all deliveries under this agreement shall be governed by and interpreted in accordance with the laws of Denmark.
  • Any dispute or claim arising out of or in connection with this agreement shall be settled in accordance with the Rules of Procedure of the Danish Institute of Arbitration (Copenhagen Arbitration). All members of the arbitration tribunal shall be appointed by the Institute in accordance with the said Rules.
  • The place of arbitration shall be Copenhagen.