Terms of Sale

The contract

Only the terms set out in this document shall constitute the contract between the
Purchaser and PeakOptical A/S for the sale of the equipment.

Delivery

Delivery of the equipment shall be effected when the equipment is turned over to the
transporter at the place of delivery. Upon delivery the equipment shall be at the risk of the
Purchaser in all respects.

Property of the equipment

The property of the equipment shall pass to the Purchaser when, and only when, payment
in full has been received by PeakOptical.

Transport and installation

The Purchaser will undertake at its own expense the transport, relocation and
commissioning of the equipment. The Purchaser shall at its own expense be fully
responsible for all maintenance required for the equipment after delivery.

Delay

In case the delivery date is exceeded more than 30 days the Purchaser is entitled to cancel
the contract unless force majeure is in question. With such a delay the Purchaser may
claim damages for a loss suffered if the Purchaser proves that PeakOptical has shown gross
negligence.
PeakOptical’s responsibility for the loss that the Purchaser may suffer as consequence of the
delay or of the lack of delivery shall under no circumstance exceed 10% of PeakOptical’s sales
price to the Purchaser.

Cancellation of order

Cancellation of items in stock, can be done before dispatch from PeakOptical. Cancellation of
items not in stock, can be done before PeakOptical has placed a purchase order with the subsupplier.
Cancellation later than the above mentioned times, will result in a restocking fee of 25% of
the sales price. PeakOptical should be notified in writing of the cancellation.
Refusal to receive the goods is considered a cancellation after dispatch, and will result in a
restocking fee of 25% of the sales price, before a credit note can be issued.
The Purchaser is responsible for the return freight and insurance of the goods.
The goods must be returned in sealed and original packaging.

Removal of equipment

The removal of the equipment from the Site to the new premises shall be completed within
a period of 14 days of the date which PeakOptical shall inform the Purchaser is the delivery date,
and if the Purchaser shall fail to remove the equipment within such period PeakOptical shall
thereupon be at liberty to procure that it is removed and stored at the expense of the
Purchaser and the Purchaser shall immediately thereafter become liable to PeakOptical for the
whole of the purchase price after deducting any deposit.

Notification of defects

The Purchaser is obliged to examine the equipment promptly on receipt and notification of
defects shall be made in writing no later than 90 days upon invoicing of the equipment.
After this period the Purchaser can only make notification of defects, which could not be
determined at such first-hand examination. Notification of defects shall be made in writing
without any unfounded delay after determination of the shortcomings.
Upon the passing over of the risk of the equipment to the Purchaser PeakOptical shall bear no
responsibility for shortcomings, apart from the liabilities set out in this clause. For that
reason the Purchaser is not entitled to cancel the contract, claim damages or sustain any
other claim of non-fulfillment.
PeakOptical clearly disclaims responsibility for any indirect losses such as consequential loss, loss
of time, loss of profits or the like that the shortcomings may have caused the Purchaser.

Force Majeure

The following circumstances result in exemption from liability when occurring after the
conclusion of the contract and preventing its fulfillment:
Labor disputes, strikes, lockouts and any other circumstance on which the parties have no
influence such as fire, war, mobilization, unforeseen military calling-up, sabotage acts,
requisition, impounding, currency restrictions, import or export prohibition, rising,
disturbances, lack of working plants, general lack of goods, restrictions in the means of
motive power, and lack of deliveries from sub-contractors or delay in such deliveries as
described in any of the circumstances in this clause.
PeakOptical is entitled to inform the Purchaser in writing that the contract is cancelled when a
fulfillment hereof in reasonable time is impossible due to one or more of the circumstances
stated in this clause.

Product liability

In case a delivery from PeakOptical causes damage, PeakOptical is responsible to the Purchaser for
personal injury if proved that the injury is caused by PeakOptical’s fault or negligence.
In relation to the Purchaser PeakOptical is not liable for damage on chattels personal or real
property, just as PeakOptical is not liable for any loss of profits, lost wages or any other indirect
or diverted loss.
In the event that PeakOptical may be held liable to third party according to the rules and
regulations of product liability or according to general regulations on damage the
Purchaser shall indentify PeakOptical as far as such a liability reaches beyond the limits stated
above. The Purchaser is obliged to have prosecutions against itself filed at the same court
that tries the case of claims for damages against PeakOptical in the event of damage claimed to
be caused by a mistake in one of PeakOptical’s deliveries.

Warranties

PeakOptical warrants that the equipment in question is sold free of all encumbrances, liens,
charges and claims whatsoever.

PeakOptical® Limited Lifetime Warranty

The warranty is guaranteed for as long as the original End User continues to own or use
the Product, provided that: fan and power supply warranty is limited to five (5) years. In
the event of discontinuance of product manufacture, PeakOptical® warranty support is
limited to five (5) years from the announcement of discontinuance.

Pick up and return warranty service

Your warranty includes a pick up and return warranty service. Under the terms of pick up
and return service, PeakOptical will pick up the defective unit from your location, repair it, and
return it to your location. PeakOptical will incur all repair, logistics, and insurance costs for this
type of service.
PeakOptical reserves the right to replace the product with a similar, refund or issue a credit note.

Payment

Payments must be made prior to delivery by bank transfer, unless otherwise agreed.
Business customers may apply for payment terms, based on credit approval. Overdue
balances are charged with 1,5% interest per month. Interests are calculated monthly and
will be added a fee of DKK 100.

Order fee

Sales orders under DKK 1.000 (EUR 150, USD 200) excluding VAT, are subject to an order
fee of DKK 100 (EUR 15, USD 20).

Assistance by PeakOptical

If PeakOptical agrees to assist in the delivery and shipping arrangements it shall do so without
any responsibility, but shall use all care in such assistance.

Assignment

The contract will not be assignable by the Purchaser without PeakOptical’s written consent,
which PeakOptical shall be entitled to its discretion to refuse.

Settlement of disputes

For sales to customers in Denmark any dispute between the two parties shall be settled at
the Court of Aalborg, notwithstanding that the nature of the dispute may be a High Court
case.
For sales to foreign customers any dispute shall be settled in accordance with the rules
and regulations of the Danish jurisprudence at the Court “Sø- & Handelsretten” in
Copenhagen.

PeakOptical A/S, May 2018
ver. 1.7
legal@peakoptical.com

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