LogSearch A/S – Terms of Sale and Delivery (General Terms & Conditions)

1. Application
These general terms and delivery conditions apply unless otherwise agreed in writing between the parties.

2. Product Information
Information in product descriptions and price lists is binding only if explicitly referenced in the agreement.

3. Prices
Unless otherwise agreed in writing, quoted prices are ex-warehouse of the customer (Ex Works) and exclude VAT and any public duties as well as transport and delivery costs, but include normal packaging.

4. Delivery
Delivery is “Ex Works.” If another delivery term is agreed, it is interpreted according to the Incoterms in force at the time the contract is concluded.
Transport insurance is only taken out upon the customer’s instructions and at the customer’s expense. Any transport damage must be reported to the carrier without undue delay.
The customer's obligation to document delivery ceases three months after delivery.

5. Delivery Time and Delay
Any claim by the customer due to a delivery delay is excluded unless the delay is due to gross negligence by the provider.
If the customer anticipates being unable to receive the delivery on the agreed date, or delay on their part seems likely, they must notify the provider in writing without undue delay, stating the reason and, if possible, when delivery can be expected.
If the customer fails to receive the delivery on the agreed date, they are still obliged to pay for it as if delivery took place. The customer must store the goods at their own cost and risk and, at the provider’s request, insure them at their own expense.

6. Order Errors; Returns
Goods are generally non-returnable. Returns or cancellations may be accepted in special cases with prior written agreement and only for in-stock items in unopened original packaging. Made- to-order items cannot be canceled or returned. A return may incur a fee of 15%, minimum DKK 150. Returned goods are credited at current prices.

7. Payment Terms
Unless otherwise agreed, payment is due eight days after delivery.
If the customer fails to pay on time, the provider is entitled to default interest of 2% per month from the due date, plus interest notes and reminder fees to cover administrative costs caused by late payment.
The customer is not entitled to offset any claims not acknowledged in writing by the provider, nor to withhold payment due to counterclaims.

8. Retention of Title
Delivery remains the property of the provider until payment has been made in full.

9. Liability for Defects
a) The provider is obliged to remedy defects caused by faults in design, material, or manufacturing by repairing or replacing the equipment in accordance with sections b–n.
b) The provider’s liability covers only defects appearing within one year from delivery, unless the supplier provides a longer warranty. More intensive usage than agreed or anticipated shortens this period proportionally.
c) For replaced or repaired parts, the provider assumes the same obligation as for the original equipment for three months. For other parts, the warranty period extends only by the time during which the equipment could not be used due to the defect.
d) The customer must notify the provider in writing of any defect without undue delay after it appears, and no later than the deadline in (b), including description of how the defect manifests. If there's a risk of damage, notification must be given immediately.

e) Upon receipt of the notification, the provider must remedy the defect without undue delay at their own cost. The faulty part or entire delivery must be returned as appropriate, unless repair/replacement at the customer's location is more practical.
f) If the customer files a defect report and it turns out there was no defect attributable to the provider, the customer is entitled to compensation for the work and costs incurred by the provider due to the claim.
g) If repair involves work beyond the delivery, costs fall on the customer.
h) All shipments for repair or replacement are at the customer's expense and risk; the customer must follow the provider’s shipping instructions.
i) Additional costs incurred by the provider due to defect rectification at a location other than the agreed destination or delivery place are borne by the customer.
j) Replaced defective parts become the provider’s property.
k) The provider is not responsible for defects caused by materials provided by the customer or structures specified by them.
l) Liability covers only defects arising under agreed working conditions and correct use; it excludes defects due to poor maintenance, incorrect installation by the customer, unauthorized alterations, improper repairs, and normal wear and tear.
m) In any case, the provider’s liability does not extend beyond two years from the start of the period in (b).
n) The provider has no liability beyond what is outlined above. This includes any consequential damages, such as damage to connected equipment, data loss, operational disruptions, lost profits, installation costs, and other financial losses, even if the provider was aware of such possibilities
No guarantee is given for used goods.

10. Liability for Property Damage (Product Liability)
The customer must indemnify the provider for any liability to third parties for damage and loss that the provider is not liable for under this section.
The provider is not responsible for damage caused by the delivery to real property or movable property while the delivery is in the customer's possession, nor damage to products manufactured by the customer or products incorporating them, nor resultant damage to real property or movable property.
In no event is the provider liable for consequential damage to connected equipment, data loss, operational losses, loss of profit, installation costs, or other financial losses, even if aware of the possibility.
If a third party asserts claims under this clause, the notified party must promptly inform the other.

11. Force Majeure
The following events relieve a party from liability if they prevent performance or make it unreasonably burdensome: labor disputes, and any circumstances beyond control, e.g., fire, war, mobilization, requisition, civil unrest, natural disasters, transport shortages, general shortages,
currency restrictions, import/export bans, or supplier delays caused by any listed circumstances.
In case of force majeure on the part of the customer, they must cover costs incurred by the provider in securing and protecting the goods.

12. Governing Law and Disputes
All legal matters concerning the agreement are governed by Danish law.
Any disputes arising shall not be brought before the courts but shall be resolved by arbitration according to Danish arbitration rules.