Terms of Sale and Delivery

These sales procedures govern purchases from Nine United Scandinavia A/S (hereinafter referred to as “Nine United Scandinavia”).

Terms of Sale and Delivery

Order Handling

After receiving your order, an order confirmation will be sent by email. All order confirmations must be checked by the customer immediately and errors must be reported to Nine United Scandinavia soon as possible.

It is not possible to cancel orders.

Prices

The price listed in the order confirmation is based on the price of materials, salaries, exchange rates, duties and taxes etc. at the time of the order confirmation. In case of changes to such, Nine United Scandinavia re-serves the right to adjust the sales price of an order. If the customer cannot accept such price adjustment, the customer may cancel the order.

Shipment Schedules

An estimated shipment date will be stated on the order confirmation.

Should learn that it is not possible to ship the goods within the agreed period, the customer will be informed of the delay as soon as possible and informed of a new shipment date. If the delay in shipment exceeds 3 months and is not due to force majeure, the customer is entitled to cancel the order. The customer is not entitled to make further claims against Nine United Scandinavia in cases of e.g. delay.

Nine United Scandinavia cannot be held accountable for shipment problems in cases of force majeure. In case of force majeure, delivery schedules will be prolonged.

Shipment

Deliveries will be shipped from Nine United Scandinavia or affiliated warehouses. The customer is obligated to check the packaging upon receipt of the goods and check that the number of packages corresponds with the delivery note.

When distinctly agreed that Nine United Scandinavia is responsible for delivery the following is applicable: If goods and/or packaging are damaged upon receipt, the recipient shall make a remark of this on the delivery note. Any damage incurred during transport must be reported directly to Nine United Scandinavia no later than 2 days after receipt.

Force Majeure

Nine United Scandinavia is not liable for any delays or breach of contract that are due to force majeure.

Payment

Nine United Scandinavia reserves the right to demand full or partial advance payment

Delivered goods remain the property of Nine United Scandinavia and Nine United Scandinavia will retain full title over the delivered goods until the full purchase price including delivery charges as well as interest's payable on arrears is fully paid. The buyer has an obligation to clearly mark the delivered goods as being the property of Nine United Scandinavia until full payment has been made.

Conditions of payment are stated on the order confirmation and invoice. If the customer does not pay in full on the due date, Nine United Scandinavia is entitled to charge interest payable on arrears at a rate of 1,5% per month or part thereof.

Specific terms and/or requirements applicable to the order and/or business relationship in terms of retention of title may be set out in the offer, order confirmation, delivery note and/or invoice.Tolerances

Any color samples or samples of wood can only be considered as a guide. Nine United Scandinavia cannot be held responsible for any differences between the sample and the delivered goods, as color changes occur naturally over time. Variances are not considered to be defects. Color deviations, minor air bubbles and variations in form and thickness of hand crafted goods are not considered to be defects. Wear and tear due to normal everyday use on upholstery, surfaces etc. are not considered to be defects.

Complaints

Any complaints must be filed in writing no later than 7 days after receipt of the goods in question. Any com-plaints received later than this date cannot be considered unless it is a question of manufacturing defects as stated in the Danish Purchasing Act (Købeloven).

Due to the technical development and due to the normal reduction in light output resulting from the use of LED products, a new LED product / LED module (which Nine United Scandinavia may have to provide in connection with repair or delivery) may have a light output that is different from the original.

If case of defects, Nine United Scandinavia may choose to repay the purchase price, repair or replace the product with a comparable product. A repaired or replaced comparable product may differ to some extent from the original product in appearance and function.

Nine United Scandinavia does not cover transport / freight / shipping costs or costs of dismantling or reassembling the old product, fitting a new product or similar costs associated with remediation.

The buyer is not entitled to cancel the order or demand a proportionate discount without the consent of Nine United Scandinavia.

The customer is not entitled to make financial claims against Nine United Scandinavia in cases of non-conformity.

Right of Complaint

Nine United Scandinavia provides a 2-year right to complaint in accordance with the rules of the Danish Purchasing Act. The right of complaint is valid form the date of the original invoice, and the right of complaint does not apply in the following situations:

If the product has been stored, assembled or installed wrongly,

If the product has been abused or misused,

Altered or cleaned using the wrong cleaning methods,

Damage due to normal wear and tear, cuts and scratches, or damage caused by impact or accidents,

Discoloring, change of color etc., caused by means that have a material changing effect such as sun light, rain etc.,

Imperfections of minor character which does not have any substantial effect on the appearance of the product,

If the product has been placed outdoors or in a humid environment,

Uninventable or expected aging of the product (e.g where plastic parts are discolored or brittle as part of the natural aging process),

Natural variations in the materials used,

Errors and defects of electronic units which lies within the acceptable error margin (0.2% pr. 1,000 hours of use unless something else is stated in the product specifications) and reduction of light on LED modules/LED products of up to 0.4% per 1,000 hours of use,

Change of color of LED products, and/or

In cases of consequential or incidental damage.

Product Liability

Nine United Scandinavia can only be held responsible for any material damage caused by its products, if it can be proved that such damage is due to negligence on the part of Nine United Scandinavia or of its employees. Nine United Scandinavia can in no way be held responsible for business interruption, operational losses, losses resulting from delays, loss of profit and other similar indirect losses and/or financial consequences arising from such damage.

Liability

In the event that Nine United Scandinavia is deemed to be liable towards the customer, such liability shall be restricted as set out in these sales procedures. Furthermore, Nine United Scandinavia shall not be liable for business interruption, operational losses, losses resulting from delays, loss of profit and other similar indirect losses and/or financial consequences.

Nine United Scandinavia is not responsible for any printing errors and price changes. Nine United Scandinavia reserves the right to make changes or to terminate the manufacture of any model without prior notice.

We value your continued dedication to our brand and products and look forward to continuing our positive cooperation with you.

Law and Jurisdiction

The trade between the parties is subject to the laws of Denmark excluding its conflicts of law provisions and the CISG.

Any disputes between the Parties shall be settled by the ordinary Danish courts at the venue of the Nine United Scandinavia.