Terms of service

Dear Customer

Thank you for choosing to use our products and services. Should product or services not fullfil the promised quality, you can count on us to do everything possible to correct any issue ther may be.

For products and services which may be offered and sold through the partner shop you are obliged to assistance directly from the supplier.

 If a product fails or a service not delivered to your satisfaction, write to service@tecvision.com and client service will assist.

1. Validity

The terms of sale, delivery, service and payment apply to all offers, sales and deliveries, unless otherwise agreed in writing.

Offer

Unless otherwise agreed in writing, offers are valid for 7 days from the date of submission, and the buyer’s acceptance must be received by within this period. Prices and conditions are only binding for the specified service, offered number and types.

Price

All prices are exclusive of delivery costs to the buyer’s delivery address – but including customs duties, if one is to be paid. Prices are exclusive of VAT and other types of taxes.

In the event of changes in these or the introduction of new types of taxes, We reserve the right to adjust the sales prices until final delivery. 

Tecvision Group ApS reserves the right to change prices without notice.

Payment

Payment terms: All payments are made on accepted ordre. Either via credit card in the system or by invoice.  Payment must be recieved by the company before a service are made effective or goods are shipped from a partner or warehouse. 

If payment is made after the due date, the company is entitled to calculate interest on the outstanding debt at any time from the due date with the interest rate applicable to Tecvision Group at any time.

If the delivery is postponed due to the buyer’s circumstances (creditor mora), the buyer – unless Tecvision notifies the buyer in writing otherwise – is obliged to make payment to Tecvision as if delivery had taken place at the agreed time.

For R&D, construction and project deliveries, Tecvision is entitled to advance invoicing as part deliveries take place or the work service is paid. Payment in advance must be paid on the conditions stated above.

Buyer is not entitled to set off any counterclaims to Tecvision that have not been acknowledged in writing.

5. Retention of title

The seller reserves the ownership of the goods sold until the entire purchase price as well as any additions to accrued costs have been paid to seller or to the entity to whom the seller has transferred related rights.

the retention of title is maintained so that it includes the transformed or processed object to an extent corresponding to the value it sold represented at the sale. The buyer is required to ensure that the delivered goods are insured until the ownership has been transferred to the buyer.

6. Right of amendment

The seller reserves the right, without notice, to make changes in constructions, dimensions and designations regarding the offered service content, material, especially such changes, which must be regarded as improvements to the delivery/material, if this can be done without inconvenience to the buyer. Data and calculations in offers, brochures, on drawings and the like are only indicative and not binding on The seller, unless special written confirmation is available.

7. Delivery

Delivery takes place at the buyer’s address. The delivery time stated in the offer is to be calculated from the date from the seller/Partner written order confirmation. The seller reserves the right to change the delivery situation at the time of receipt of the buyer’s order. Unless otherwise expressly agreed, a postponement of the delivery time by 14 days due to the seller circumstances is considered in all respects as timely delivery with the effect that the buyer can not for that reason exercise any powers over the seller. If delayed delivery is due to delivery being impossible for a reason as mentioned below in §13, the delivery time is postponed by the time that the obstacle lasts, however both parties must be entitled to irresponsibly cancel the agreement when the obstacle has lasted for more than 3 months. This provision applies regardless of whether the reason for the delay occurs before or after the expiry of the agreed delivery time. In the above cases, Tecvision must notify the buyer of changes in the delivery time without undue delay. If the order ordered by the buyer cannot be received by the buyer at the agreed delivery time, it is the buyer’s responsibility – at his own expense and risk – to ensure safe storage.

8. Packaging

Standard packaging is at sellers expense, unless it is explicitly stated in the offer that this is not included in the price. The packaging is only returned by separate agreement.

Customer-specific packaging and labeling of goods can incur an additional cost and extend the delivery time.

10. Product information

Drawings, specifications, descriptions, calculations, models or the like, which have been provided by the seller before or after the conclusion of the agreement, remain the sellers property and may not be passed on without written agreement or otherwise misused. When reselling 3rd party products (products that tecvision sells on behalf of a partner), it is the manufacturer’s conditions that apply in all respects.

11. Export reservations

Onward transfer of goods purchased from the seller may not take place in violation of export restrictions according to national legislation. In the case of export of these goods, it may be necessary to acquire a permit from the Ministry of Trade and Industry. The buyer must contact Tecvision before exporting. Sales to other parties must be made with a notice of the same content as the above.

12. Intellectual Property Rights and Allegations of Infringement

If a third party raises a claim against the buyer claiming that a product infringes a third party’s intellectual property rights under a patent, utility model, industrial design, copyright or trademark, etc., the buyer must (a) immediately notify us in writing of the claim, and (b) provide the seler with all information in this regard. If the seller chooses to defend, settle or negotiate the claim in writing, Buyer shall (i) give the seller full control over any defense or settlement that the seller may make, and (ii) at the request of the seller, provide the seller with all reasonable assistance in connection with herewith. 

If a  product is the subject of an infringement case or THE SELLER deems such a case likely, THE SELLER is further entitled to decide on its own initiative to (i) provide the rights to continue the use or sale of the product on behalf of the buyer, (ii) provide a replacement product, (iii) modify the product in such a way that the product no longer infringes or is expected to infringe the intellectual property rights of any third party or (iv) to terminate any agreement with Buyer relating to the product in question.

THE SELLER shall have no obligation with respect to claims of infringement, and Buyer shall reimburse all reasonable costs (including, but not limited to, legal fees) if claims arise as a result of: (a) modifications to the Product made by Buyer or his representative; (b) use of the product that is not in accordance with the specifications or applicable written instructions for the product; (c) use of the Product in conjunction with products or equipment not manufactured by Tecvisions whose infringement would have been avoided by the use of a valid, unaltered version of a THE SELLER product.

13. Defects and complaints

Upon delivery, the buyer must immediately make such an examination of the delivered as proper business use requires. Transport damage and defects must be applied to the consignment note immediately upon receipt of the goods and a complaint must be made to the freight forwarder. Copy of consignment note as well

image documentation must be submitted to the seller.

If the buyer wants to invoke other defects than the above, the buyer must immediately, however within 5 working days, after the defect is or should have been discovered, give THE SELLER written notice thereof and state what the defect consists of. If the buyer has discovered or should have discovered the defect, and the buyer does not complain as stated, the buyer can not later claim the defect.

Buyer cannot demand proportionate rejection or cancellation of purchase. At THE SELLER choice, defects in the sale will be remedied, or the sold will be exchanged. The free remedy period varies depending on the type of item and is calculated from delivery. If the buyer has not claimed the defect against THE SELLER within 3 months after the delivery date, the buyer cannot claim this later. For parts that have been replaced or repaired in accordance with this section, THE SELLER assumes the same obligations as apply to the originally sold, however, so that THE SELLER liability for defects can not for any part including the replaced or repaired of the sold can be extended to more than applicable from the original delivery date.

Modifications to or interference with the sale without THE SELLERs written consent release THE SELLER from any liability.

Buyer’s complaint does not entitle Buyer to withhold payment or any part thereof.

To the extent – and only to the extent – delivered goods are used in construction in Denmark, delivery is made with reference to the building delivery clause formulated by the Ministry of Housing.

14. Limitation of Liability

Any liability of THE SELLER towards the buyer under any agreement is limited to an amount which may not exceed 10% of the invoice amount in the specific case and which in any case may not exceed 2 million euros. THE SELLER is not liable for operating losses, profit losses, costs in connection with the finding of defects or other indirect losses in connection with the acquisition, including other indirect losses arising from delays or defects in the goods sold. 

The following circumstances give rise to THE SELLERs disclaimer if they prevent the fulfillment of the agreement or make fulfillment unreasonably burdensome: Labor dispute of any kind (legal or illegal) and any other circumstances beyond the control of the parties, such as fire, lightning, war, mobilization or unforeseen military calls of a similar nature requisition, seizure, currency restrictions, riots and unrest, lack of means of transport, general scarcity, restrictions on driving force as well as deficiencies or delays in deliveries from subcontractors or other force majeure due to any of the circumstances mentioned in this provision, etc. THE SELLER is without undue delay in writing that notify the buyer if circumstances as mentioned in this provision occur.

15. Product liability

THE SELLER is only liable for personal injury if it is proven that the damage is due to error or negligence committed by THE SELLER or caused by a THE SELLER product. THE SELLER is not liable for damage to real property or movables that occurs from the time the goods sold are transferred to the buyer’s possession. 

THE SELLER is also not responsible for damage to products manufactured by third parties, buyers, or products in which these are included. THE SELLER is not responsible for operating losses, lost earnings or other indirect losses.

To the extent that tecvision may be imposed product liability to third parties, the buyer is obliged to indemnify Tecvision to the same extent as Tecvision liability is limited.

16. Repairs

Repair work both at a dedicated workshop and at the buyer is done at the buyer’s expense and risk. Unless a comprehensive service agreement has been signed.

17. Return

Tecvision only recieve returns by prior written agreement.

Items must be in complete and unbroken packaging. Specially produced goods, light sources, 3rd party products and other goods are not returned. Tecvision reserves the right, at the buyer’s expense, to return items returned to Tecvision without prior agreement.

18. Transfer of rights and obligations

Tecvision is entitled to transfer all rights and obligations, under the agreement, to third parties.

19. Disputes

Any dispute that is not resolved amicably between the parties shall be decided by the Maritime and Commercial Court as the first instance.

Danish law apply