Trading terms & Condistions
Sales and delivery terms and conditions, including proprietary rights
The following sales and delivery terms and conditions apply unless agreed otherwise in writing between AK7-IT A/S, Lyngvej 5, 9000 Aalborg, Denmark and the Purchaser.
1.1 The specified prices include packaging and Customs duties but not VAT or any other fees
1.2 Unless otherwise agreed, the Purchaser bears the cost of shipping from the supply location and all relevant fees and charges.
1.3 AK7-IT A/S is entitled to change a price on the supply date as a consequence of the expiration of a campaign or in line with changes to exchange rates, purchase prices, customs duties, shipping and insurance rates or other conditions that are beyond the control and influence of AK7-IT A/S.
1.4 Price changes will appear on the AK7-IT A/S website or on information sent to customers. The price at the time of ordering will be used as a basis, regardless of the fact that the price may have fallen between the time of ordering and delivery.
1.5 Should AK7-IT A/S incur costs on behalf of the Purchaser, AK7-IT A/S may require compensation for said costs.
2.1. Unless agreed otherwise in writing, payment terms are prepayment.
2.2 Should payment not be made on time, interest will run at 2% per month from the invoice due date. AK7-IT A/S will issue an interest statement once a month. In addition, AK7-IT A/S may charge reminder fees, debt recovery fees and other fees in connection with collection of the purchase amount, in pursuance of the law concerning debt recovery operations.
2.3 Even if the Purchaser has lodged a complaint concerning a defect or flaw, he or she is still obliged to pay promptly.
3.0 The Purchaser’s financial situation
3.1 If the Purchaser’s financial situation, in the opinion of AK7-IT A/S, does not entitle them to the established payment terms, or if the Purchaser has failed to observe payment terms for previous deliveries, AK7-IT A/S is entitled to cancel unexecuted orders, unless the Purchaser, immediately after being informed thereof, pays for all previously supplied goods and pays in advance for as yet unexecuted orders.
4.0 Payment ethics
4.1 An invoice that has fallen due must be paid according to the open item principle, i.e. prompt payment of the entire invoiced amount including a clear reference to the invoice.
4.2 Should a dispute arise concerning an invoice (concerning the price, quantity etc.), it is the duty of the Purchaser to inform AK7-IT A/S order processor and the debtor’s accountant of this in writing within 8 days of the invoice date. Relevant, detailed documentation and names of any AK7-IT A/S personnel who have been involved must be enclosed. The Purchaser is not entitled to withhold payment of an invoice, either in full or in part. Should a situation such as this arise, AK7-IT A/S is fully entitled to 2% interest per month in the period from the due date until payment is made, regardless of the type of dispute, in accordance with item 2.
5.0 Proprietary rights
5.1 AK7-IT A/S retains the proprietary rights to the goods that have been sold until payment has been made in full.
5.2 AK7-IT A/S may request that the Purchaser insures the goods that have been sold with a recognised insurance firm, including cover and conditions approved by AK7-IT A/S.
6.0 Offer, acceptance and order confirmation
6.1 Unless otherwise specified, an offer is only binding for AK7-IT A/S when it is accepted via return of post or email, within 5 days of the date stamped on the AK7-IT A/S offer.
6.2 AK7-IT A/S reserves the right not to sell a product.
6.3 Should the order confirmation deviate from the Purchaser’s order with regard to additions, reductions or conditions, and the Purchaser does not wish to accept these changes, this shall be communicated in writing and within two days to AK7-IT A/S. Unless this is done, the order confirmation issued by AK7-IT A/S applies.
7.0 Conditions concerning goods that are out of stock
7.1 Orders are accepted and offers issued by AK7-IT A/S for goods that are not in stock based on the possibility of obtaining the relevant products. Each offer is subject to changed decisions concerning import and export of goods. Provided that these conditions are realised, AK7-IT A/S is entitled to recall the offer, without this entitling the entity receiving the offer to make any kind of demand.
7.2 Correspondingly, statements made in the offer apply to orders accepted by AK7-IT A/S.
8.0 Delivery time and delay
8.1 Each statement of delivery time is a rough estimate and is therefore approximate.
8.2 Furthermore, AK7-IT A/S is entitled to postpone the approximate delivery time, provided that the postponement thereof is necessitated by conditions beyond the control of AK7-IT A/S, cf. item 8 concerning force majeure.
8.3 Subject to item 5.1, when the stated or specified delivery period is substantially exceeded, the Purchaser is entitled to cancel the purchase; however, delay in a delivery does not entitle the Purchaser to compensation for direct or indirect loss, regardless of the cause thereof, including negligence. This applies only to goods categorised as A goods. For goods categorised as B & C products (cf. items 11.2 B and 11.2 C), software licences (D) (cf. item 11.2 D) and options, cancellation must be approved in advance by AK7-IT A/S and must be documented in writing.
9.0 Transfer of risk
9.1 The goods are delivered from the AK7-IT A/S warehouse
9.2 When goods are transported via an AK7-IT A/S carrier, the risk responsibility for the goods is transferred on delivery to the destination, when AK7-IT A/S obtains insurance for the transport.
9.3 As standard, AK7-IT A/S provides transport at the expense of the Purchaser to the delivery address provided by the Purchaser.
9.4 Transport is paid on delivery. AK7-IT A/S will always strive to minimise the Purchaser’s shipping costs.
9.5 Shipping prices are calculated with reference to the standard prices according to currier service in play.
9.6 On payment of an extra charge, special transport may be arranged where necessary, e.g for removal personnel, cranes and unpacking.
10.0 Force majeure
10.1 AK7-IT A/S is entitled to cancel Purchaser orders or postpones their realisations and is otherwise free from responsibility for any omitted, defective or delayed delivery that is wholly or partly due to circumstances beyond the control of AK7-IT A/S, such as an uprising, unrest, war, fire, public orders, strike, lockout, slow-down, a shortage of means of transport, scarcity of goods, disease, delay or omission in deliveries from suppliers, an accident in production or testing or a power outage. All Purchaser rights are suspended or removed on these occasions. In the case of cancellation or postponed realisation, the Purchaser may not apply for damages or make any other claim against AK7-IT A/S.
11.1 Within 1 month of the product being dispatched, AK7-IT A/S undertakes to replace or repair parts that have manufacturing defects provided that:
- 1. The Purchaser complains in good time.
- 2. Defective goods are returned to AK7-IT A/S.
- 3. Following an investigation, AK7-IT A/S establishes that the defects identified are due to faults in materials or implementation, do not result from poor treatment or storage, neglect, installation, repairs or changes undertaken by the Purchaser, and are not due to an accident.
- 4. AK7-IT A/S is not responsible for defects and flaws covered by a warranty issued by the manufacturer. If the manufacturer has established such an independent warranty, it is the situation according to this warranty that applies, regardless of the drawbacks this may involve in the eyes of the customer. AK7-IT A/S will help the Purchaser and provide directions concerning the warranty and arrangement of repairs for an individual manufacturer.
11.2 With the exception of situations covered byitem 9.1, AK7-IT A/S is not responsible for flaws in the delivered goods, regardless of the cause, including negligence. It should bespecifically noted that item 8.1 does not cover software, and AK7-IT A/S cannot be held responsible for defects in the software that is delivered.
11.3 If AK7-IT A/S does not undertake redelivery or repair, and on the condition that AK7-IT A/S is bound by Danish law to provide compensation, this compensation is limited to an amount equivalent to the cost of repairing the flaws in the delivered goods and not exceeding the agreed purchase sum.
11.4 On no occasion that directly or indirectly relates to the delivered goods, their use or AK7-IT A/S’s output in general is AK7-IT A/S responsible for indirect losses and consequential damages, such as operational down time, wasted costs, property or other consequential damages, including lost or corrupted data. AK7-IT A/S is thus never responsible for operational down time, profit-related losses or other indirect losses.
11.5 AK7-IT A/S is not responsible for defects in goods delivered that are due to errors or neglect on the part of AK7-IT A/S suppliers or are in any other way caused by the supplier. Where AK7-IT A/S may be entitled to take action against a supplier, AK7-IT A/S hereby transfers this claim to the Purchaser, in such a way that the Purchaser is obliged to make their claim directly to the supplier.
11.6 Otherwise, for products that are sold with user instructions, see specific obligations concerning exchange/repair.
11.7 The aforementioned limitation to the compensation amount applies regardless of the motivation for or formulation of the compensation claim, and thus also covers claims that are based on negligence or oversight.
11.8 Under no circumstances is AK7-IT A/S responsible for damages that are due to the Purchaser failing to fulfil their obligations.
11.9 AK7-IT A/S does not guarantee that the products delivered will operate without faults or operational down time, or that all software errors (if any) will be corrected.
11.10 On return of DOA (dead on arrival) or defective equipment, the warranty covers repairs or a replacement product based on an assessment carried out by AK7-IT A/S. If an equivalent product cannot be obtained, AK7-IT A/S shall replace the product with an equivalent capacity or credit the customer for the market price of a new or equivalent product.
12.0 Complaints, warranty etc.
12.1 Products are supplied with the warranties that the manufacturer supplies to AK7-IT A/S. The Purchaser may not refer to any other product guarantee for AK7-IT A/S. As default AK7-IT A/S will give 30 days’ replacement warranty or money back for non-working items.
12.2 The Purchaser is obliged to examine the product as soon as it is received. Visible defects and flaws and damage sustained during transport shall be reported to AK7-IT A/S in writing before 4 pm on the day the product is received. AK7-IT A/S cannot subsequently be held responsible for damage sustained during transport. In the case of damage to packaging, the words “on receipt” should be noted on the packing slip on delivery of the product. Claims must be presented in writing within seven days of receipt of goods. In the case of concealed defects, the complaints period is extended to fourteen days.
12.3 Should the Purchaser fail to inform AK7-IT A/S that they wish to plead a defect within fourteen days of the transfer of the object, they may not subsequently do so, unless AK7-IT A/S has undertaken to be responsible for the object for a longer period of time or has acted fraudulently.
13.1 Goods are only accepted for return after this has been agreed in writing. Returns must be sent in the unbroken and undamaged original packaging, with the original invoice number and date or a copy thereof, and the authorisation number for returning the product (RMA no.). RMA nos. are only valid for fourteen days.
13.2 AK7-IT A/S categorises all products relating to their returns policy as follows:
- A. Standard product (a product in daily use). May be returned and 100% refund obtained.
- B. Partially standard product (a product which is no longer in daily use, and will soon be replaced with a new model). May be returned and 26-50% of the price refunded.
Category A and B products can be returned for credit within 8 days after invoicing if:
- Unbroken packaging
- Original packaging
- Packaging intact
- Number of products returned do not exceed normal stock profile
AK7-IT A/S will make an assessment concerning this after receiving the product.
13.3 Returns are at the expense and risk of the Purchaser and a handling fee and transport costs are charged.
14.0 Addressee’s liability
14.1 When an offer or delivery from AK7-IT A/S is addressed to an actual individual, AK7-IT A/S is entitled to consider the relevant individual as the debtor, regardless of whether this individual operates in the form of a company.
15.0 Catalogues, descriptions etc.
15.1 Regardless of whether it originates with AK7-IT A/S or with one of its business connections, all information concerning weight, dimensions, capacity and technical data in a catalogue, description, brochure, advertisement etc., is considered to be supplied by AK7-IT A/S. Specific Purchaser requirements are only binding when they are specifically confirmed in writing by AK7-IT A/S.
16.0 Cancellation of an order by the Purchaser
16.1 For products in category A (cf. item 13.2), the Purchaser has the option of cancelling an order or postponing the delivery time thereof, under certain conditions and on payment of a special fee, provided that a written agreement concerning this has previously been made with AK7-IT A/S.
17.1 On request, A/S can provide configuration benefits subject to appropriate prices and the manufacturer’s guidelines. Configuration benefits implemented according to the Purchaser’s instructions or specifications, and that are not in accordance with the manufacturer’s guidelines, are implemented at the responsibility of the Purchaser. AK7-IT A/S does not provide any separate warranty for configured products.
18.0 Product liability
18.1 AK7-IT A/S is only responsible for personal injury occasioned by the supplied products if the injury is documented as being blamed on negligence on the part of AK7-IT A/S. AK7-IT A/S is not responsible for damages to real estate or personal property. AK7-IT A/S is not responsible for operational down time, lost earnings or any other form of direct losses. Where AK7-IT A/S may be responsible to a third party for a product, a AK7-IT A/S Purchaser is obliged to indemnify AK7-IT A/S for the liability of AK7-IT A/S, bearing in mind the limitations imposed by the three preceding items. The Purchaser is obliged to take action via the same court that is dealing with product liability proceedings against AK7-IT A/S Should a third party bring a claim for compensation against one of the parties with reference to the above, this party shall immediately inform the other thereof.
19.0 Licence rights
19.1 The sale by AK7-IT A/S of parts, components and/or materials does not entitle the Purchaser or the Purchaser’s customers to a licence for any patent or exclusive rights to any combination, machinery or process in which the sold parts, components or materials are or may be used.
19.2 Software licenses are sold according to the Software Vendor’s Terms & Conditions. AK7-IT A/S disclaim any compensation or claims regarding software licenses.
20.0 Patent and intellectual property rights
20.1 Should action be taken against the Purchaser because of the fact that products that have been supplied by AK7-IT A/S currently constitute a direct infringement of a Danish patent or intellectual property rights, AK7-IT A/S undertakes to indemnify the Purchaser against compensation claims relating to a judgement or settlement, and against the cost of any legal proceedings, provided that the following criteria are fulfilled:
- 1. The Purchaser must immediately notify AK7-IT A/S of the proceedings in writing.
- 2. AK7-IT A/S has sole management of the case and all negotiations concerning the case judgement or settlement.
- 3. The Purchaser agrees that AK7-IT A/S, at its own expense, can choose either to obtain the right for the Purchaser to continue using the supplied products, or to exchange/replace said products, in such a way that they no longer constitute an infringement.
20.2 Unless the criteria in item 20.1 are fulfilled, the Purchaser cannot make AK7-IT A/S liable for the above proceedings.
20.3 If it is not possible to fulfil any of the criteria listed in item 20.1, on grounds that AK7-IT A/S deems reasonable, and if the Purchaser agrees to return the products after AK7-IT A/S has requested this in writing, AK7-IT A/S will grant the Purchaser approval for the returned products equal to their depreciated value. A similar amount of depreciation is applied for each year of the product’s lifetime, and is fixed at all times by AK7-IT A/S.
20.4 AK7-IT A/S cannot be liable if products are designed to the Purchaser’s specifications, or if the infringement cannot be directly attributed to the supplied products, but rather to the Purchaser’s specific use thereof, including supplementation of and changes to the supplied products, or the product’s combination or use in conjunction with other products. Furthermore, AK7-IT A/S does not undertake responsibility for action taken after the Purchaser has become aware of the possible infringement. Any further liability on the part of AK7-IT A/S is ruled out and, in particular, AK7-IT A/S may not be made responsible for consequential damages.
21.0 Obsolescence of claims
21.1 Claims brought against AK7-IT A/S, regardless of their motivation, cannot be valid more than two years after delivery.
22.0 Partial invalidity
22.1 If one or more of the specifications in the current agreement are known to be invalid, illegal or impracticable, this shall not affect or devalue the validity, legality or feasibility of any other specifications.
23.1 Deviation from the above sales and delivery terms and conditions is only permitted following an explicit agreement between the parties in writing.
24.1 Any dispute between AK7-IT A/S and the Purchaser shall be decided in accordance with Danish law at the Aarhus court of law.
25.0 Electronic connection and exchange of data
25.1 AK7-IT A/S offers the Purchaser several types of electronic trading solutions, provided that the parties have agreed to enter into a mutual, loyal partnership. If the trading relationship does not reflect the value of the available electronic trading solutions, AK7-IT A/S reserves the right to limit the user’s access thereto, in full or in part.
25.2 Reseller Web (webshop) offers the Purchaser access via the internet to product information, stock details, news, campaign information and supplier links, as well as the opportunity to submit orders and obtain delivery information
25.3 Daily file exchange – A product file that is emailed to the Purchaser, containing details such as product text, supplier product no., FLT product no., a net price specific to Purchaser and the current opening stock balance.
26.1 Presales – AK7-IT A/S offers the Purchaser presales support in connection with the selection of equipment, dimensioning and/or configuration of large servers/network solutions. A task description is sent to the sales division. A proposed solution is offered, either in writing or over the telephone. Should the proposed solution, either in its entirety or a substantial part thereof, result in a realised sale between the Purchaser and an end user, the Purchaser is obliged to submit orders for this via AK7-IT A/S. Should paid services be involved, AK7-IT A/S will make the Purchaser aware of this prior to proceeding.
26.2 Aftersales – AK7-IT A/S offers the Purchaser technical assistance in conjunction with installation and correction of technical issues. Support is not provided to end users unless an agreement negotiating this is entered into. Where the configuration/software is not supplied by AK7-IT A/S, the Purchaser will be invoiced at the appropriate hourly rate (minimum of 1 hour).
27.0 Rates for fees and charges
Return fee of € 45 applied in connection with an approved, returned product.
28.0 Duration and termination
28.1 The standard terms and conditions are valid from the submission of the Purchaser’s initial order until AK7-IT A/S publishes new terms and conditions in writing. This may take place without warning, either in writing or on the AK7-IT A/S homepage.
29.0 Prohibition against re-exporting
29.1 Should the delivery include equipment that is subject to US export restrictions, issued by the US Department of Commerce, such equipment may not be exported/re-exported, without an approved licence, nor may it be resold to entities or persons included in the US Department of Commerce’s restrictions list, Table of Denied Orders, and nor, without special permission from the US Department of Commerce, may it be sold to or made available to entities, organisations or persons involved in nuclear activity or for use in nuclear applications or systems without a special licence.