​General terms and conditions
​for sales & delivery of dhplay products

​Prices

All prices are in euro (€), except when otherwise indicated. All prices are exclusive of VAT, freight, customs, duties and other fees. Seller’s price lists are indicative and current price will always be the price quoted on the order confirmation. All prices are subject to changes in costs of raw material and energy prices.

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Payment

Terms of payment for customers are prepayment unless otherwise agreed in writing.

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Delivery

All shipments are Ex Work of seller’s place of inventory (Hornsyld, DK). Shipment is at the expense and risk of buyer, unless otherwise agreed in writing.

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The dispatch date specified by seller is an estimate only, assessed in accordance with the circumstances existing while submitting the order confirmation. Unless otherwise expressly agreed, a postponement of the dispatch date by 14 days, due to seller’s circumstances, is regarded as timely delivery, wherefore buyer cannot make financial claims against seller. Seller must in such cases immediately inform buyer of changes in delivery time.

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Warranty and defected goods

All products have a one-year warranty from the delivery date against manufacturing defects. This warranty is only valid if the product is used for its expected purpose and under its intended conditions. Abuse, neglect, and/or over-inflation of the products will void the warranty. Seller accept the same warranty obligations for replaced parts, which apply to the originally sold products.

Buyer is obliged to immediately inspect the goods upon delivery and to inform seller about any defects or incorrect deliveries in writing without delay and not later than 8 days after receipt of the goods. In this notification buyer is obliged to provide details as to the defects or the short delivery. Seller is not responsible for expenses and costs with regard to any claim, without preceding written confirmation.

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Returns

Any return has to be pre-approved by seller and is only accepted returned prior to written agreement.

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Compensation

Seller decides how to compensate for defected goods. Seller may either choose to rectify the defect, to deliver a new product, or to compensate with the invoice amount of the sold product.​​

Liability

Seller cannot be made liable for operating losses, profit loss or other indirect losses arising as a result of delays or defects to the sold products. Seller is only liable for damages caused by the sold article if it can be proved by buyer that the damage is the result from a error made by seller or his employees. Seller’s product liability cannot exceed seller’s insurance coverage.

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The following circumstances result in exemption from liability, provided that the circumstances impede the fulfilment of the contract or make it unreasonable onerous: strikes, lockouts or other kinds of force majeure, i.e. any circumstance beyond the control of seller.

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Retention of ownership

Seller reserves, with the limitations imposed by mandatory law, the right to ownership of all products sold until payment in full has been made to seller.

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Quotation and subject to goods being unsold

Quotations without a date of lapse for acceptance are valid for 6 weeks from the date of the quotation and always with the subject to goods being unsold, i.e. until buyer’s acceptance has been forwarded to seller, seller is entitled to enter into a contract with a third party, as regards to the offered, with the effect that the offer lapses for buyer. Seller must without undue delay inform buyer in writing that the offer has lapsed.

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Packaging

Packaging is buyer’s expense, unless explicitly stated that it is included in the price.

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Scope of application

These terms and conditions apply to all offers, sales and deliveries of dhplay products, unless otherwise agreed in writing. No change of these terms can be made through acceptance of order forms, which contain non-corresponding stipulations. General and supplementary terms and conditions from buyer will not apply, even in the absence of an express contradiction on the part of the seller.​

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Valid from 01.01.2010