Sales and delivery terms and conditions Antalis A/S.

Transcription

1 Sales and delivery terms and conditions Antalis A/S. 1 Definitions 1.1. Unless otherwise stated in the text, the definitions stated below shall apply to these sales and delivery terms and conditions: The Customer means the person or company that has placed an order with Antalis A/S. Antalis means Antalis A/S, Central Business Register (CVR) no. DK Sales and delivery terms and conditions means these sales and delivery terms and conditions. Product means one of Antalis products, included in an order placed by the Customer. Stocked items means standard products stocked by Antalis. Manufactured items means non-stocked products at Antalis, products which by agreement, can be supplied by Antalis under these sales and delivery terms and conditions. Pre-processed items means items, which will be cut, perforated, specially palletised or in any other way pre-processed before delivery to the Customer. Direct delivery means delivery of Products directly from the Antalis sub-supplier to the Customer. 2 Validity 2.1 These sales and delivery terms and conditions apply to all offers for and/or sale and delivery of Products from Antalis. 3. Entering into agreements and ordering 3.1 An order shall be considered accepted and binding when the Customer has received the order confirmation. The Customer is responsible for ensuring that the order confirmation matches the original order placed with Antalis. If the Customer does not wish to receive an order confirmation, the Customer is fully responsible for the correct ordering. 3.2 Antalis cannot be held liable for any printing errors, obsolete and sold-out items, changes in product specifications, changes in fees, back orders and failing suppliers All prices are exclusive VAT and fees. Orders are accepted at the prices valid on the date of delivery The Customer is obligated to accept receipt of products, which are ordered but not yet delivered, regardless of whether the Customer wants the delivery, or not of these items. The Customer must at all times pay the agreed price for the item. 3.5 Antalis reserves the right to at all times and with one day s notice to make price adjustments on and including but not limited to, increases based on changes in the price of raw materials, increased general demand, increased fees, etc. 3.6 Selected items and customer segments are subject to an Energy and Logistics Charge of 2.87 %. Antalis A/S reserves the right to adjust this charge in line with any changes to logistics costs on the market. In the case of the return of items, the charge will not be credited All products dispatched from Antalis warehouses are subject to a capacity surcharge of 1%. 4 Product replacements and specifications 4.1 At any given time, Antalis reserves the right to change the product range and replace a product with an alternative equivalent product. Antalis reserves the right to make changes to product specifications if this has no significant effect upon the product s primary use. Version 07 Valid from 03 rd december 2018 Page 1 of 6

2 4.2 For Stock items, Antalis reserves the right to carry out minor adjustments in pallet and package sizes. 4.3 For Manufactured Items, tolerances of +/- 10% on ordered amounts must be expected. See point 14 for more information. 5 Delivery 5.1 Office, Packaging and Foodservice. Stock items ordered on a weekday before 13:00 will be delivered the following weekday Print. Stock items ordered on Monday to Thursday by 16:30 at the latest and on Friday by 16:00 at the latest, will be delivered on the following weekday Visual Communication. Stock items ordered on Monday to Thursday by 16:30 at the latest and on Friday by 14:30 at the latest, will be delivered the following weekday. Unless otherwise agreed, manufactured items will be delivered on the agreed date of delivery between 08:00 and 16:00. Pre-processed items will be delivered in accordance with the agreement with Antalis. If the Customer requires the products to be delivered at a specific point in time, this service will be subject to a fee, and can be arranged together with our customer service department. 5.2 Orders of a value of less than DKK 1500 excl. VAT and fees will incur a handling charge of DKK Carry-in of products will be subject to a fee. The fee will be calculated based on the number of products carried in and the time spent. Please contact the customer service department for calculation of an offer or further information. 5.4 Upon receipt of the delivery, the Customer is responsible for ensuring that the goods received complies with the placed order. Upon receipt, the Customer must sign the consignment note with a clearly legible name. In the case of damaged or missing items, please see section 9. FAULTY GOODS AND CLAIMS. 5.5 Delivery of goods on Euro-pallets from Antalis warehouses in Denmark: Upon receipt of the goods the Customer must return the number of Euro-pallets to the haulier equal to the amount of Euro-pallets received. In case a matching number of Euro-pallets cannot be returned to the haulier, Antalis will invoice the Customer the missing pallets at the applicable current price. Approved EUR-pallets can subsequently be returned to Antalis warehouse at the Customers own cost, after which the invoiced pallets will be credited. Delivery of goods on Euro-pallets directly from foreign factories: No return pallets shall be delivered to the haulier. The Customer cannot subsequently return the pallets to Antalis for crediting. Delivery of goods on Euro-pallets directly from Danish factories: where the haulier wishes to have the Europallets returned upon delivery, the Customer shall return a number of Euro-pallets to the haulier equal to the amount received. Where the same total number of Euro-pallets cannot be returned to the haulier, the pallets will be invoiced at the applicable current price. The Customer cannot subsequently return the pallets to Antalis for crediting. 5.6 Delivery in Denmark is carried out free of carriage costs to the destination (ICO term CPT ). This applies to Zealand, Funen, Jutland and islands connected to the mainland by bridge. Delivery to islands not connected to the mainland by bridge, will be carried out subject to prior agreement. Delivery of specially pre-processed products and special orders, e.g. machines, hardware, panels and XL print media, the delivery and handling costs settled subject to prior agreement. 5.7 Where a delivery is unsuccessful or where a delivery is not possible because of insufficient access conditions at the recipient s address, the Customer will be invoiced for any costs related to the unsuccessful delivery, waiting time or re-delivery. Version 07 Valid from 03 rd december 2018 Page 2 of 6

3 5.8 Antalis will carry out the manual handling of goods in accordance with the Danish Working Environment Authority s guidelines, which can be downloaded at and at and in accordance with the industry s OHS guidelines for transport and wholesale. 5.9 Loading of items onto smaller vehicles because of difficult approach conditions, will subject to a fee If a delivery is subject to a significant delay, the Customer is entitled to cancel the order by prior agreement with Antalis. 6 Collection of items 6.1 If a Customer wishes to collect the goods at Antalis warehouse, servicing time must be expected. 7 Returned items 7.1 Goods may only be returned by prior agreement with our customer service department. Returned goods are subject to a fee of DKK return delivery. The returned goods must be in the original, unbroken packaging, and an agreement with Antalis of the return must be made no later than eight days after the Customer received the goods. 7.2 Pre-processed items and specially purchased items cannot be returned. Initiated orders for manufactured items, pre-processed products and special products are binding and cannot be cancelled. 8 Payment terms and conditions, Central Business Registration (CVR) number and account details. 8.1 The applicable payment terms and conditions are eight days net. 8.2 We use Bisnode for crediting and collection of credit details. We evaluate the credit rating of our customers through a credit insurance company. 8.3 If Antalis payment terms and conditions are not met, a monthly interest rate charge of 1.5% will be charged. Accrued receivables may prevent planned deliveries. Any bonus settlement will be set off against outstanding claims. 8.4 Invoices, credit notes and any payment reminders are forwarded as EDI or PDF. 8.5 Central Business registration (CVR) no.: DK Bank: Nordea, Reg. no. (sort code): 2191 Account no.: SWIFT: NDEADKKK. IBAN: DK Faulty goods and claims 9.1 In the case of a claim or by damage of the goods, please contact the Antalis customer service department immediately. 9.2 The absolute deadline for receipt of a claim is one year after delivery. One year after delivery, the Customer cannot make any objections about deficiencies to Antalis. The deadline deviates from the Danish Sale of Goods Act where the claim deadline is two years. In cases where remedial action or replacement delivery has been made, the claim deadline cannot be extended. 9.3 On receipt of the delivery, the customer must thoroughly inspect the goods to ensure it complies with the order, including examination of any visible damage to the products. Visible damage is: tipped over pallets, marks or impact marks on the goods or the packaging and water damage. Such damage must always be noted on the freight document. 9.4 In case of: missing batches, where the Customer decides to receive items with visible damage or where later delivery is agreed, the following must be noted on the freight documents: - That the items are received at a later date than agreed, and please note the date and time. - Any visible damage. - The registration number of the vehicle. In addition, the haulier must sign his clearly legible name on the freight documents as documentation. Version 07 Valid from 03 rd december 2018 Page 3 of 6

4 In case of visible damage, where possible this must be documented by taking a photograph before offloading the goods and the Customer must note on the consignment note that the delivery has been received with reservations. 9.5 Goods received with visible damage may not be used or disposed of without prior agreement with Antalis. If this process is not followed, the warranty will be void. 9.6 If the Customer fails to promptly report a fault or damage to a Product to Antalis and continues to use the product despite a known a fault or damage, the warranty will be void. 9.7 Antalis cannot be held liable for any damage the carrier causes to the purchaser s property or equipment in connection with offloading and delivery. Any compensation claims must be made directly to the carrier. 9.8 For further information relating to transport conditions, refer to NSAB 2000, Nordisk Speditørforbund s (Nordic Association of Freight Forwarders) General Provisions and the CMR convention. 9.9 Antalis does not accept deduction in payments or invoices from the Customer relating to claims Once a claim has been processed and approved by Antalis, Antalis will send a credit note to the Customer Special conditions relating to tolerances and complaints for Print & Visual Communication, Office, Packaging, Foodservice, are described under Section 14 and Responsibility and limitation of liability 10.1 Regardless of whether a claim has been made in due time, Antalis is not liable for any direct or indirect losses, including operational losses, raw material losses, consequential damage or other indirect losses to the Customer or a third party Antalis potential liability related to a delivery is in all respects limited to an amount equivalent to the price of the delivery in question Antalis cannot be held liable to non-fulfilment or delayed fulfilment of agreements caused by force majeure, including but not limited to war, insurrections, civil unrest, government intervention or intervention by local authorities, fire, strike, lockout, export/import ban, mobilisation, vandalism, currency restrictions, epidemics, computer viruses, hacking, extreme weather conditions, fuel, power and water supplies or any other cause beyond Antalis control If a correct or timely delivery is temporarily prevented by one or several of the above named circumstances, the delivery shall be postponed for a period of time corresponding to the length of the delay adding a reasonable supplementary time in accordance with the circumstances to allow for a normalisation of the conditions. Delivery within the postponed delivery time is always considered punctual. If the delay to the delivery is more than eight days, the Customer has the right to cancel the order by written notification to Antalis In the case of force majeure, Antalis total liability under the agreement to the Customer cannot exceed the value of the delivery in question. Antalis shall under no circumstances, be liable for indirect losses, including but not limited to loss of earnings, loss of turnover, loss of business, loss of goodwill, loss of expected savings or costs for ordering replacement products or services. 11. Ownership and intellectual property rights 11.1 Antalis designs, layouts, sketches/drawings and other intellectual property rights etc. are, regardless of which technology these are manufactured by and regardless of which way they are stored, Antalis property and may not be handed over to a third party without express prior consent from Antalis. Version 07 Valid from 03 rd december 2018 Page 4 of 6

5 11.2 The products which Antalis by mutual agreement at no cost, has procured or allowed to be provided to the Customer, including packaging solutions, tools and samples are the property of Antalis and must be returned to Antalis when the agreement is terminated. 12. Amendments 12.1 Antalis reserves the right to amend these sales and delivery terms and conditions. The applicable sales and delivery terms and conditions are always available on and on 13 Venue and Applicable Law 13.1 All disputes that may arise between the Customer and Antalis shall be governed by Danish law and settled in a Danish court of law, however any dispute must initially be solved through a negotiation. If negotiation does not lead to a resolution of the dispute, the dispute shall be settled by a Danish court of law and will be governed by Danish law. 14 Tolerances 14.1 Tolerances of manufactured orders, Print & Visual Communication. Discrepancies in deliveries in relation to the ordered amount are acceptable when they do not exceed: <2.999 tonnes ± 20% tonnes ± 8% tonnes ± 15% tonnes ± 6% tonnes ± 10% tonnes ± 4% 14.2 Other tolerances In the case of the delivery of broken pallets, the theoretical sheet amount is invoiced and delivery is made with an acceptable variation of +/- 0.5 %. Tolerances, e.g. of gramme weight, formats and similar, will vary according to the supplier used, thus the acceptable tolerance must, where relevant, be mutually agreed when the order is placed. 15 Claims 15.1 Claims Print Pallets and package notes Save all pallet and package notes/price labels until the printing job is completed and the end Customer has seen and approved the printing. All delivered pallets whether full or broken pallets, will always have an attached pallet note. In case of a claim, Antalis will always need the pallet note/price label and batch number for clarification of the claim with the factory. In case of missing pallet notes/price labels, the claim will not be processed. A4 products in boxes and packages: Where the delivery is not equipped with a pallet note, the batch number from the boxes or packages must be informed. Take samples In case of a claim for a delivery, take at least 20 printed sheets from a run sequence and 20 unprinted sheets in a sequence from the same pallet. In the case of problems ascertained in connection with postprocessing of printed sheets such as cracking, folding and cutting dust, delamination, die-cutting problems, etc., Antalis must as a minimum always have 20 samples of the processed sheets where the problem is clearly visible. The claim will not be processed if samples are missing. Take tape-pulls In case of loose particles, always take a tape-pull from the rubber blanket or printing plates as documentation. The tape-pulls must always be attached to a piece of transparent film and never to a piece of paper or cardboard. Enclose the sheet or sheets causing the problem and the subsequently 20 printed sheets. In case of missing tape pulls, the complaint will not be processed. Version 07 Valid from 03 rd december 2018 Page 5 of 6

6 Save the rubber blanket, underlay sheet, etc. In the case where a rubber blanket is damaged by a crumplet sheet, trim waste etc., all replaced rubber blankets and underlay sheets must be saved until the complaint is handled. Save the sheet or item causing the damage and as a minimum the subsequent 20 printed sheets. Please note that claims in relation to damaged blankets caused by skinning/cigars (roll-ups of paper) will not be processed. In the case of a missing blanket and underlay sheets, the complaint will not be processed. Chemistry check In case of mottling and drying problems, check the fount, take samples and keep them until the complaint is handled. Disclose and document which inks and fountain concentrates have been used. Always make sample prints using similar paper to determine whether the problem is paper related. Save at least 20 printed and unprinted sheets of paper used for testing. In the case of missing samples, the complaint will not be processed. Check the temperature and humidity. In case of production run problems always check and note the temperature and RH in the paper stack and in the area where the paper is stored and processed. If possible, take a picture of the problem. If there is a problem with curling, take a picture with the sheet placed on a flat surface. Delivery of samples Unless otherwise agreed, all samples must be delivered in flat format. Other claim conditions In the case of damage, where claims exceed the actual value of the delivered product, the claimed costs reimbursement must always be specified as indicated below: All prices must be calculated as cost prices. Pressing time divided into layout, printing time, incl. costs for ink and varnish. Press type, press brand, total number of printing units, press size, model and build year. Time consumption for replacing one blanket. Blankets and underlay sheets. Printing plates External costs such as external transport and finishing Claims, Visual Communication Save all pallet and package notes/price labels until the job is completed and the end Customer has seen and approved the printing. All delivered pallets whether full or broken pallets, will always have an attached pallet note. In case of a claim, Antalis will always need the pallet note/price label and batch number for clarification of the claim with the factory. In case of missing pallet notes/price labels, the claim will not be processed. Take samples Take samples of both the unprocessed and processed items. In the case of missing samples, the complaint will not be processed. Other claim conditions Please contact your inspection consultant for any claims related to fitted products Complaints Office, Packaging and Foodservice Please contact Antalis customer service Version 07 Valid from 03 rd december 2018 Page 6 of 6