Sales and delivery terms

Introduction

These sales and delivery terms apply to all offers, sales, and deliveries from Staforce Europe A/S (hereafter referred to as “the Company”) and can only be deviated from by an explicit written agreement. The terms apply regardless of whether the Company is the manufacturer or supplier, and regardless of any prior agreements or practices.

Products and packaging

All indications of type, weight, dimensions, and capacity are indicative and not binding unless otherwise expressly agreed in writing. All product materials, including drawings and specifications, remain the property of the Company and may not be disclosed or used by the buyer without written permission. 

The Company reserves the right to change product specifications and packaging at any time without prior notice if deemed necessary. The buyer bears all costs for special packaging, which will only be provided upon written agreement. 

Offers

All offers from the Company are non-binding and may be withdrawn at any time without notice. Offer prices are in Danish kroner, excluding VAT and transportation, and any offer is conditional on the buyer’s ability to obtain credit insurance. The Company reserves the right to adjust offer prices at any time due to changes in costs, taxes, or currency fluctuations. 

Interim sale

The Company reserves the right to enter into agreements with third parties until the buyer’s written acceptance is received. The Company may therefore cancel any offer without notice if an agreement is made with a third party. 

Delivery 

Delivery is made Ex Works (EXW) in accordance with INCOTERMS 2020. The risk for the goods passes to the buyer when the goods are made available at the Company’s address. Shipping is only arranged if agreed in writing and always at the buyer’s risk and expense. 

Delivery time

Delivery times are purely indicative and only binding for the Company if confirmed in writing. The Company disclaims any responsibility for delays, regardless of cause, and may extend the delivery time without notice due to circumstances beyond the Company’s control, including supplier failures and force majeure. 

Retention of Title

Ownership of the goods sold remains with the Company until full payment is received. The retention of title covers all goods delivered to the buyer until all amounts owed by the buyer are settled, and it also applies if the goods are put into use, insofar as permitted by applicable law. 

Payment

Payment must be made in cash upon delivery unless otherwise explicitly agreed in writing. The Company is entitled to charge interest at 2% per commenced month from the due date without requiring prior demand. If goods are not collected, they are stored at the buyer’s risk and expense, and the Company reserves the right to charge for storage. 

Defects and complaints

The buyer must inspect the goods immediately and no later than within 24 hours of delivery and provide written notice of any defects. If the buyer fails to do so, the goods are considered free from defects. The Company disclaims any responsibility for defects arising after delivery. Remedy or replacement is solely at the Company’s discretion and only from the place of delivery. The buyer has no right to compensation for indirect losses, including operational losses or loss of profit. 

Force majeure

The Company is exempt from liability in cases of labor disputes, fire, war, currency restrictions, lack of transportation, delays from subcontractors, or other circumstances beyond the Company’s control. In such cases, the Company may postpone delivery or cancel the agreement without compensation to the buyer. 

Product liability

The Company is only liable for personal injury and property damage in accordance with the mandatory provisions of the product liability law and only if the damage is due to gross negligence by the Company. The Company disclaims all responsibility for indirect losses, such as operational losses, lost profits, or other economic losses. 

Intellectual property rights

The buyer is responsible for ensuring that the Company’s manufacturing according to the buyer’s specifications does not infringe on third-party rights. The buyer agrees to indemnify the Company against any claim of intellectual property infringement. 

Disputes and jurisdiction

Any dispute arising in connection with these terms shall be settled by the Maritime and Commercial Court in Denmark, with Danish law as the applicable law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply. This version is strict, providing minimum concessions to the buyer and maximum flexibility and protection for the Company.