BLUEPACK A/S General Trade Terms

1.0 Validity

1.1 The below stated conditions of sales and delivery apply to all quotations, sales and deliveries, unless otherwise agreed in writing.

1.2 In case of divergence between the individual trade conditions of the parties, then the general trade terms of BLUEPACK A/S shall be applicable.

2.0 quotations, order confirmation and price

2.1 All written offers shall be binding for 8 days. It is hereby understood that the offer must be accepted within 8 days from the date of the offer.

2.2 Should the order confirmation of BLUEPACK A/S be inconsistent with the order given by the buyer, then the buyer must complain within 3 working-days from reception of the order confirmation. In any other case the buyer shall be bound by the contents of the order confirmation.

2.3 All prices are quoted excluding VAT and the buyer must accept corrections in prices as a consequence of changed duties, direct and indirect taxes etc. from the date of order confirmation to the date of invoice.

3.0 Sales materials and literature

3.1 Any information and technical specifications given in BLUEPACK’s general sales materials and pricelists shall neither directly nor indirectly be considered to include any kind of guarantees and shall only be binding if specifically referred to them in the sales agreement.

4.0 Payment and credit

4.1 Terms of payment are cash on delivery unless otherwise agreed in writing or indicated in the invoice.

4.2 Deferred terms without security are only granted on the basis of satisfactory financial information.

4.3 Litigation interest will be charged from the due date with 8% per month. When sending a dunning letter a compensation fee of kr. 310,00 has to be paid. Additionally a charge will be added to each reminder of kr. 100,00

4.4 The buyer is not entitled to clear by a set-off on the basis of invoices unless the counterclaim has been accepted in writing by BLUEPACK A/S.

4.5 Should the buyer’s ability to pay, in the opinion of BLUEPACK A/S, be substantially reduced after the date of issuing a quotation, then BLUEPACK A/S shall be entitled to demand prepayment or security as a condition for completing the order.

5.0 Obligation to buy

5.1 When dealing with landed terms the buyer is obliged to accept the goods not later than 6 months after accepting quotation. In case the buyer does not buy the goods within the time stated, then BLUEPACK A/S shall be entitled to invoice the products with 100% of the agreed purchasing price in case of finish goods and with 85% of the agreed purchasing price in case of semi-manufactured products. At the same time BLUEPACK A/S shall be entitled to invoice storage room. The purchased goods will be stored at the buyer’s risk. If the goods have not been taken within one year of acceptance of offer, then BLUEPACK A/S shall be entitled do destroy the goods.

6.0 Conditional sale

6.1 The sold goods remain the property of BLUEPACK A/S until all dues regarding the order have been settled.

6.2 BLUEPACK A/S retain the right of ownership to all and any tools used in production, outlines and designs as well as any other technical materials and intangible properties related to the order, among these film and printing plated notwithstanding that the buyer has paid for this unless otherwise agreed in writing.

7.0 Terms of delivery

7.1 The agreed delivery condition are to be interpreted according to the Incoterms in force at the date of concluding the deal.

7.2 Delivery takes place FCA Odense, unless otherwise agreed in writing.

7.3 Notwithstanding free delivery terms, the buyer will always be obliged to pay a carriage- and administration fee amounting to DKK 195.00 for deliveries amounting to less than DKK 1.500,00.

7.4 BLUEPACK A/S reserves the right to delivery by instalments.

7.5 BLUEPACK A/S reserves the right to postpone the date of delivery due to circumstances indicated in paragraph 13., on the condition that notice is given in due term before delivery should have taken place.

7.6 Goods delivered on approval and products there have been lend by BLUEPACK A/S are to be returned cleaned and in good condition. Damaged packaging shall be compensated by the buyer.

7.7 Returned goods

* If you wish to return a product this must previously have been agreed in writing. Please notice that vi withhold a return fee of 20 % unless otherwise agreed in writing. * If mistakes are made when ordering then the client is solely responsible for returning the goods.

* In case a product is returned and the products is damaged during the return, then the shipper shall bear the full responsibility.

8.0 margins regarding amounts and quality

8.1 BLUEPACK A/S reserves the right to a quantitative divergence of up to 10 % of the agreed amount, unless otherwise agreed in writing.

8.2 The product features as to e.g. weight, dimensions, bulk, decorations, colour variations, and the like may vary within a certain margin. The product shall be considered up to standard and according to the agreed terms if the values lay within the tolerance standards usually accepted in the business sector or if these values correspond to the quality specifications agreed in each individual case.

8.3 Materials delivered by the buyer, such as specifications, descriptions, drawings, illustrations and alike, shall only be considered to constitute general guidelines and are not a part of the present agreement unless otherwise agreed in writing.

9.0 Responsibility and delays

9.1 BLUEPACK A/S shall not be liable for consequential loss, loss of profits or bear any other financial consequences for incidences at the buyer’s or third party due to delays. 9.2 BLUEPACK A/S shall solely be responsible for loss up to an amount not exceeding the purchase price of the delayed articles.

9.3 BLUEPACK A/S shall not be responsible for delays unless it can be substantiated that BLUEPACK A/S, or others for whom BLUEPACK A/S may be held responsible, have been acting inadvertent or negligent.

10.0 Responsibility for defects

10.1 BLUEPACK A/S shall not be liable for consequential loss, loss of profits or bear any other financial consequences for incidences at the buyer’s or third party due to product defects.

10.2 BLUEPACK A/S shall not be liable for the buyers application of the products.

10.3 When receiving products the buyer shall be obliged to carry out an adequate control of the products before these are utilised. Furthermore an adequate control shall take place during filling up.

10.4 In case of lack of adequate control or defects being found at a later stage which could or should have been pointed out before application, then BLUEPACK A/S shall only be responsible for the value of the defective products.

In case the defects could or should not have been pointed out before application, then BLUEPACK A/S shall be responsible for an amount corresponding to the purchase price of the defective products plus handling contents.

10.5 Compensation cf. 10.3 and 10.4 may never exceed the purchasing price for the entire defective delivery.

10.6 BLUEPACK A/S has the right to take remedial action in case of defects including the right to replacement delivery within a reasonable period.

10.7 If remedial action/ replacement delivery cannot take place then BLUEPACK A/S reserves the right to grant a proportional price reduction or to accept the return of the goods against repayment of the purchasing price and with no further liability applicable.

11.0 Complaints

11.1 In case of any defects of delays the buyer must, without delay after delivery, complain to BLUEPACK A/S.

11.2 The buyer looses his right to invoke product defects if he has not complaint within 3 months after delivery.

12.0 Product liability

12.1 BLUEPACK A/S shall only be liable for damage inflicted by faulty products to the degree this may be imposed by mandatory statutory provisions.

12.2 BLUEPACK A/S can not be hold responsible for the buyer’s use of the products.

  1. on immovable property or movables, which may occur while the material is in the possession of the buyer.
  2. on products produced by the buyer or on products where these constitute a part of the product, of for damage on immovable property or movables which may be inflicted by these products as a consequence of products from BLUEPACK A/S.

12.3 BLUEPACK A/S shall not be liable for consequential loss, loss of profits or bear any other financial consequences for incidences at the buyer’s or third party due to dysfunctional products.

12.4 Should product liability be imposed on BLUEPACK A/S in respect to third party, then the buyer is obliged to reimburse BLUEPACK A/S to the degree this follows by the above.

12.5 The buyer is obliged to accept proceedings and agree venue according to the same choice of law as BLUEPACK A/S.

12.6 Should a third part assert product liability from one of the parties, this part must immediately inform the other part.

13.0 Force majeure and other unforeseen circumstances

13.1 BLUEPACK A/S shall not be liable for partial or full scale delay or non-performance as a consequence of force majeure, including war, revolt, strike, lockout, blockade, ban on exports or imports, sequestration, currency restrictions, general scarcity of goods, fire, theft, natural disaster of comparable circumstances unless BLUEPACK A/S would have been able to avoid or resist the consequences.

13.2 BLUEPACK A/S must immediately inform the buyer in writing should such circumstances occur.

14.0 Venue and choice of law

14.1 Any disagreement between the parties shall be settled according to Danish law; the International Sale of Goods Act (CISG) shall though not be applied. The Soe- og Handelsretten i Koebenhavn (the Maritime and Commercial Court in Copenhagen) shall be venue.

15.1 Invoice will be send electronic by email, when sending an Invoice on paper billing costs are charged of kr. 75,00 + VAT

Edition 021019

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