Only the terms set out in this document shall constitute the contract between the Purchaser and PeakOptical A/S for the quotation, delivery, and sale of the equipment.
Delivery of the equipment shall be conducted 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.
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 sub-supplier.
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.
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.
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 identify 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.
Sales quotations are valid for 14 days unless otherwise mentioned. Any offered freight price is an estimate. The final price is pending actual weight and dimensions including packaging.
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.
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.
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.
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, November 2021
PeakOptical A/S ▪ Foelfodvej 28 ▪ 9310 Vodskov ▪ Denmark
Phone: +45 7070 2890 ▪ firstname.lastname@example.org ▪ www.peakoptical.com