Terms of sale and delivery

General terms of sale and delivery, zenilift.com, version 1, dated January 2019. 

Generally

Unless otherwise agreed in writing, these general terms of sale and delivery (the “Terms”) apply to ZENITECH’s, VAT no. DK41792477, Albuen 42, 6000 Kolding, Denmark (the “Seller”) deliveries to the Buyer, including orders on www.zenilift.com.

The Buyer’s general sourcing conditions, whether or not they are an element of the Buyer’s sales documents, including acceptance, will not be considered. This applies regardless of when they might appear.

Ordering procedure

A binding purchase agreement exists when the Seller has confirmed the customer’s order by email and this email has reached the Buyer’s email server. The order confirmation includes an order number, the Buyer’s name and address, method of payment, delivery address and an overview of the goods ordered.

Prices

All prices are stated in EUR ex VAT, freight, duties, taxes and other fees. If the prices of the offered or agreed delivery change as a result of changes to purchase prices, commodity prices, exchange rates, shipping, duties, taxes, fees, etc., the Seller is entitled to change the prices offered to and/or agreed with the Buyer.

If the delivery is covered by a price list used by the Seller, the price for the delivery is determined based on the price list applicable at the time of delivery.

Handling fee

For orders below EUR 600, we reserve the right to charge a handling fee of EUR 40 in addition to the shipping fee.

Invoice

An invoice is sent as a PDF file to the email address stated by the customer. No additional invoice is sent. An invoice is issued when payment according to the order confirmation has been received.

If the paper invoice is requested to be sent, this must be stated before invoicing, and a charge for postage etc. of EUR 10 will be invoiced.

Payment

Unless otherwise agreed, payment must be made before delivery and no later than X days from the date on the order confirmation. The Seller may choose to grant the Buyer credit based on credit rating of the Buyer. The Seller is entitled, at the Seller’s discretion, not to deliver the ordered goods until the Buyer has met the Seller’s claim for payment, such as advance payment or payment of any amount outstanding to the Seller.

All payments must be made by electronic bank transfer or direct payment – without the deduction of any potential transaction or withdrawal fees – to the bank account designated in the order confirmation and it must state the order number.

In case of late payment, default interest of 2% per commenced month accrues from the due date. Payment through offsetting cannot take place if the counterclaim is disputed.

Product information and product changes

The product information is based on as accurate information as possible from ZENITECH’s suppliers and is not binding on the Seller. The Seller reserves the right, without notice, to make changes to all product specifications if that can be done without material nuisance to the Buyer. Drawings, specifications, etc. handed over by the Seller before or after conclusion of the agreement remain the Seller’s property and may not be passed on without the Seller’s written consent.

Returned goods

Goods can only be returned DDP (Delivered duty paid) to the Seller’s warehouse (incoterms 2010) and if this has been agreed in writing between the parties. In any case, it is a condition for crediting returned goods that they are saleable, in undamaged condition and in the original unbroken packaging. In the event of goods being returned, the Seller is entitled to a handling fee of 20% of the price of the goods, however, at least EUR 50 ex VAT.

Delivery and shipment

All purchases are made Ex Works (incoterms 2010) at the Seller’s warehouse in Kolding, Denmark. Delivery is primarily made by DACHSER, and the related costs are invoiced in compliance with the Seller’s shipping rates on www.zenilift.com. If a shipment is postponed due to the Buyer’s circumstances, the risk passes to the Buyer on the date on which the delivery was to have been sent.

Delivery time

The delivery time is determined by the Seller at its best estimate in compliance with the circumstances that existed when the offer was made and/or the agreement was concluded. Unless otherwise agreed in writing, a postponement of the delivery time by 14 working days is considered timely delivery in every respect, to the effect that the Buyer cannot exercise any remedies to the Seller for that reason. The Seller must inform the Buyer of any changes of the delivery time without undue delay.

Delay on the part of the Seller does not entitle the Buyer to day fines or compensation.

Defects and complaints

On delivery, the Buyer must immediately and no later than eight days from receipt of the product carry out such an inspection of the products sold as required by proper business conduct. If the Buyer intends to claim that there is a defect, the Buyer must notify the Seller with a specification of the defect immediately after the defect has been or ought to have been ascertained. If the Buyer has or ought to have discovered the defect, and the Buyer fails to complain as stated, the Buyer cannot maintain the defect at a later date.

At the Seller’s choice, defects in the sold products will be remedied, replaced, or the purchase sum of the sold products will be credited to the Buyer.

If the Buyer has failed to claim that there is a defect to the Seller within six months after the delivery date, the Buyer cannot maintain the defect at a later date.

Modification of or intervention in the sold product without the Seller’s consent releases the Seller from any liability and obligation.

No form of guarantee is given for purchased goods or services delivered.

Retention of title

With the limitations following from mandatory rules of law, the Seller reserves the right of ownership in the sold goods until the entire purchase sum and the costs related to the delivery, shipping and insurance, paid by the Seller on behalf of the Buyer, have been paid, or until the agreed security has been provided. Until this has taken place, the Buyer is not entitled to resell the object sold or otherwise dispose of the product in a way contrary to the Seller’s retention of title.

In case of conversion or processing of the object sold, however so that it does not lose its characteristics or identity, the retention of title is maintained to the effect that it includes the converted or processed object at the value that the object sold represented without conversion or processing.

When the Buyer has paid or provided agreed security for all amounts owed, and the right of ownership in the object sold has passed to the Buyer, the Seller must confirm this at the Buyer’s request.

Limitation of liability

For claims that concern the Seller’s performance or non-performance of its obligations, the Buyer is entitled to compensation for direct losses with the following restrictions:

The Seller’s liability in damages is limited to direct damage/loss, and irrespective of the reason and the nature of the claim, it is limited to maximum EUR 10,000.

The Seller is in no event liable in damages to the Buyer for lost profit, lost savings, business interruption or other indirect losses or consequential losses owing to use of the sold object or lack of possibility for using it, whether or not the Seller has been informed about the possibility of such claims.

Force majeure

The Seller is not liable in damages to the Buyer for losses stemming from circumstances of an unusual nature and which prevent, impede or add to the price of performance of the agreement if they occur after the offer was made and are outside the Seller’s control, including: Industrial disputes (strikes and lockouts), fire, war, rebellion, civil unrest, weather and natural disasters, currency restrictions, public seizure, import and export bans, interruption of the usual communication, including energy supply, material price and/or increases of charges, currency fluctuations, production and delivery difficulties due to circumstances for which the Seller cannot be blamed, and occurrence of force majeure and/or hardship with relevant sub-suppliers.

Product liability

The Seller is liable for product liability, and/or the Seller is liable in accordance with the rules on product liability of Danish law. The Buyer must immediately inform the Seller if a third party claims product liability against the Buyer. To the extent that nothing else follows from mandatory rules, the Seller is not liable for business interruption, loss of profit or other indirect losses.

Disputes, choice of law and venue

Disputes between the parties that cannot be resolved amicably must be determined by the District Court in Kolding by use of Danish law. However, Danish private international law referring to foreign law and the Convention on Contracts for the International Sale of Goods (CISG) do not apply.

These terms and conditions outline the rules and regulations for the use of Zenilift’s Website.

Zenilift is a brand owned by ZENITECH ApS located at:
Kokholm 3B , Kolding
DK-6000, Denmark

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Zenilift’s website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refer to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refer to our Company. “Party”, “Parties” or “Us”, refer to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Denmark. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We use cookies. By using Zenilift’s website you consent to the use of cookies in accordance with Zenilift’s privacy policy.

Most of the modern day interactive websites use cookies to retrieve user details for each visit. Cookies are used in some areas of our site to enable the  unctionality of this area and ease of use for those people visiting. Some of our
affiliate/advertising partners may also use cookies.

Licence

Unless otherwise stated, Zenilift and/or its licensors own the intellectual property rights for all material on Zenilift. All intellectual property rights are reserved. You may view and/or print pages from https://zenilift.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

  • Republish material from https://zenilift.com or other zenilift domains
  • Sell, rent or sub-license material from https://zenilift.com or other zenilift domains
  • Reproduce, duplicate or copy material from https://zenilift.com or other zenilift domains

Redistribute content from Zenilift (unless content is specifically made for redistribution).

Hyperlink to our Content

  • The following organisations may link to our Web site without prior written approval:
    • Government agencies;
    • Search engines;
    • News organisations;
    • Online directory distributors, when they list us in the directory, may link to our website in the same
      manner as they hyperlink to the websites of other listed businesses; and
    • Systemwide Accredited Businesses except soliciting non-profit organisations, charity shopping malls and charity fundraising groups, which may not hyperlink to our website.
  • These organizations may link to our home page, to publications or to other website information as long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

  • We may consider and approve in our sole discretion other link requests from the following types of organisations:
    • commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
    • dot.com community sites;
    • associations or other groups representing charities, including charity-giving sites,
    • online directory distributors;
    • internet portals;
    • accounting, law and consulting firms whose primary clients are businesses; and
    • educational institutions and trade associations.

We will approve link requests from these organisations if we determine that: (a) the link would not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organisations
representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed
to link); (b) the organisation does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organisation.

These organisations may link to our home page, to publications or to other website information as long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are among the organisations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an email to info@zenitech.dk.
Please include your name, your organisation name, contact information (such as a phone number and/or email address) as well as the URL of your site, a list of any URLs from which you intend to link to our website, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organisations may hyperlink to our website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator (Web address) being linked to; or
  • By use of any other description of our website or material being linked to that makes sense within the context and format of content on the linking party’s site.

Neither Zenilift’s logo nor other graphic material must be used by a third party unless a pertinent agreement relating to this exists.

Iframes

Without prior approval and express written permission, you may not create frames around our web pages or use other techniques that alter in any way the visual presentation or appearance of our website.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our website. You agree to immediately remove all links to our website upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our website, you agree to be bound to, and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our website or any linked website objectionable for any reason, you may contact us about this. We will consider requests to remove links, but will have no obligation to do so or to respond directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Content Liability

We shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend us against all claims arising out of, or based upon your website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringe, otherwise violate, or advocate the infringement or other violation of, any third party rights.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  • limit or exclude our, or your liability for death or personal injury resulting from negligence;
  • limit or exclude our, or your liability for fraud or fraudulent misrepresentation;
  • limit any of our, or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our, or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Credit; Contact Information

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