Part 1. GENERALLY
All deliveries between the parties shall be made on the basis of the present general terms and conditions of sales and delivery.
Part 2. QUOTATION AND AGREEMENT
Quotations are only binding for the salesperson for 14 days from the date of the quotation, unless otherwise specified in the quotation.
Agreement is concluded when the orderer’s acceptance is received by readunit. In cases where the orderer does not give his explicit acceptance, the agreement is concluded when readunit has placed an order confirmation for the order received. If the orderer is of the opinion that there are discrepancies between the order confirmation and the agreement, the orderer must, within eight days of the order confirmation date, notify readunit accordingly. Otherwise, the orderer accepts the order confirmation as an expression of the parties’ agreement.
Part 3. PAYMENT
Unless otherwise agreed, payment must be made within 8 days of the invoice date. Payment must be made in advance for 12 months.
The invoice date is the date of the receipt of the order. Payment must be made by bank transfer to readunit’s bank account. The account number etc. are shown on the invoice. At the transfer/deposit, please indicate the invoice number.
If the purchase price is not paid in due time, interest shall be charged on the basis of any remaining debt from the due date.
It will also be possible to impose a collection fee on the purchaser.
Payment of interest does not preclude the seller from claiming compensation for any further loss that the purchaser’s breach of the payment obligation may entail.
The buyer is obliged to process any payment to the seller as if the delivery had been made at the agreed time, even if the delivery has been postponed due to the buyer’s circumstances.
The purchaser is not entitled to set off or withhold any part of the purchase price due to counterclaims, unless this has been accepted by the seller in writing.
In the case of late payment, the seller may close all the activities of the customer at readunit until the amounts due have been paid.
Reopening occurs against payment of all amounts due, including reminders, as well as a re-opening fee.
Agreed prices will undergo an annual indexation in relation to the net price index from the Statistics Denmark, however at least 2%. (https://www.dst.dk/en/Statistik/emner/oekonomi/prisindeks/nettoprisindeks)
Part 4. PROPERTY, COPYRIGHT, ETC.
Readunit software is the property of readunit ApS and must not assigned to third parties.
What readunit has provided or what readunit has had provided for the use of the delivery – be it preparatory work or intermediary products, such as software, diagrams, templates, reproduction and printing media, regardless of which software or technique has been used for manufacturing these, and regardless in whatever way they are stored, as well as programming – is the property of readunit and may not be required after completion of the work. This applies regardless of whether the provided may be invoiced separately.
Thus, readunit has the full right to use the material provided in other contexts, including marketing etc. At entering of the agreement, a commitment has also been made to allow readunit to use the customer’s logo for any marketing of the readunit system.
Part 5. DELIVERY AND DELAY
Delivery takes place from the seller’s address, whether the seller – by his own people or by third parties – under separate agreement with the buyer brings the sold product to the buyer. Delivery to the purchaser takes place at the buyer’s own account and risk.
A delay of the delivery time by 3 days due to the seller’s circumstances in all respects is considered as a timely delivery, whereby the purchaser cannot for that reason exercise any power towards the seller.
If the delay in delivery is due to the fact that the seller is unable to supply due to labour conflict, fire, war, shortage of goods, employees, administrators or any other circumstance and all cases of force majeure, the delivery shall be postponed by the time that the hindrance lasts. This applies
regardless of whether the reason for the delay occurs before or after the expiration of the agreed delivery time.
The seller does not assume any responsibility or liability in respect of consequential effects due to late delivery.
However, both parties are entitled to cancel the agreement if the delay exceeds one month without prior agreement.
Part 6. DEFECTS
The purchaser shall, at the moment of delivery, carry out an inspection of the goods from the seller.
If the purchaser will invoke a defect, the purchaser shall, immediately after the defect is or should have been discovered, give the seller notice thereof in writing and indicate the nature of the defect.
If the buyer does not complain as stated, the buyer cannot later invoke the defect.
At the seller’s choice, defects in the sold product will be rectified or replaced at the seller’s account within reasonable time. If this does not take place, the purchaser is entitled to cancel the agreement, demand a reduction in the purchase price or claim damages.
If the purchaser has not invoked the defect towards the seller within 2 months of the date of delivery, the purchaser may not subsequently invoke the defect.
Part 7. BREACH OF AGREEMENT
At the purchaser’s breach of agreement, the seller is entitled to stop further deliveries and claim damages under the general contractual regulations.
Part 8. SUBCONTRACTORS
Readunit is entitled to have all or part of the work performed by subcontractors.
Part 9. BACKUP
Readunit will ensure daily backup of data in the system. The customer’s administrator will also at any time be able to backup all customer-specific data.
Part 10. LIMITATION OF LIABILITY
A claim for damages against the seller cannot exceed the invoice amount for the sold product and a maximum amount of DKK 50,000.
The use of the application is entirely at the purchaser’s own risk and readunit cannot be held liable for any direct or indirect loss that may occur due to lack of access to the application for any reason or failure in connection with this, which may result in data loss.
In addition, readunit is not responsible for problems that arise due to conditions beyond the control of readunit. This applies, for example, for power outages, problems with Internet connections, problems with hardware, hacker attacks, viruses, or other kinds of force majeure. Readunit is liable for grossly negligent conditions.
The seller shall, without undue delay, inform the purchaser in writing in the event of force majeure and other circumstances beyond the control of the seller. The seller has no responsibility for test points and test periods set up in the system; it is the buyer’s responsibility that these comply with applicable legislation.
For product liability, the applicable rules of Danish law apply at any time.
Part 11. SENDING OUT E-MAILS
Readunit reserves the right to send e-mails to the customer when updates to the application are available or if new applications are being developed that are considered to be of interest to the customer. Readunit also reserves the right to send advertisements of third parties in these e-mails. The receipt of e-mails can at any time be unsubscribed by clicking on the ‘unsubscribe’ link in the e-mails sent.
Part 12. TERMINATION
Termination of the cooperation shall take place no later than one month before the start of a new subscription period. Otherwise, a new period of 12 new months is automatically initiated.
Part 13. CHOICE OF LAW AND VENUE
The agreement is subject to Danish law. Any disputes are brought before and decided by the Danish courts pursuant to the provisions of the Administration of Justice Act; the home of the first instance is determined by the seller.