These Sales and Delivery Terms apply to all deliveries from SIMA unless otherwise is stated in a written agreement between the Parties.
Offers and orders
The validity of the Offer will be stated in the Offer.
Orders are not binding on SIMA unless SIMA has accepted the Order in writing.
Payment must be made under the terms of the Agreement.
If payment is made after the due day, the Buyer must pay interest on the due amount at 1,5% for every month or part of a month until payment is made.
SIMA reserves the right to withhold delivery if the buyer fails to comply with payment obligations.
The Buyer is not entitled to set-off any counterclaims against SIMA.
Delivery occurs Ex Works (INCOTERMS 2010) SIMA, DK-5792 Aarslev.
The time of delivery can be agreed at a specific date or within a fixed period.
Until a full payment has been made, the product remains property of SIMA.
Offers and prices stated in the order confirmation are excluding VAT and other associated costs for delivery (public taxes, duties, fees, etc.).
SIMA reserves the right to regulate prices as a consequence to documented increases in costs such as, but not limited to; changes in prices by SIMA’s suppliers and changes in exchange rates.
Notification of any changes will be given with minimum 30 days’ notice.
At all times all documentation designed or developed by SIMA remains property of SIMA. Documentation includes, but are not limited to; drawings, technical information etc.
All documentation is confidential and cannot without prior consent from SIMA in writing be copied, duplicated or given to a third party.
SIMA does not receive returned products.
Complaints and defects
The Buyer is obliged to immediately upon receipt of a delivery to inspect the products and to check for any deficiencies.
Any deficiencies must immediately be claimed in writing. If the Buyer fails to do so, the Buyer no longer have the right to claim the deficiencies.
The Buyer must give notice of any deficiency within 12 months from the time of delivery, otherwise the right to make the claim shall lapse.
If normal use is not taken or correct installation is not performed, the right to make the claim shall lapse.
In case of any deficiencies, SIMA will decide whether to remedy the deficiency or replace the product. If the deficiency is not remedied or re-placed within reasonable time, the general rules of Danish Law apply.
Change or intervention in the product made by the Buyer without SIMA’s written consent relieves SIMA of any obligation.
SIMA is liable under the provisions of the Product Liability Act, which cannot be deviated from by agreement.
SIMA is not liable, on whatever grounds the claim is made and regardless of the degree of negligence, for indirect or consequential damages such as loss of profits, loss of goodwill, loss of anticipated savings, etc.
The following events will exempt SIMA from liability if such events prevent delivery or make the execution unreasonable onerous: Industrial conflicts, strikes, lockouts and any other event over which SIMA has no control, such as, but not limited to, fires, war and mobilization, riots and civil commotion, terrorist activities, natural disasters, deficiencies or delays in deliveries from subcontractors, lack of transportation options, currency restrictions, import and export restrictions, death, illness or resignation of key personnel.
Any controversy or dispute between the Parties concerning the understanding or extent of these Sales and Delivery Terms shall be settled in Denmark by the general courts under Danish law. The applicable law is Danish, and the legal language is Danish.