{"id":8236,"date":"2022-05-03T12:08:31","date_gmt":"2022-05-03T12:08:31","guid":{"rendered":"https:\/\/shop1.predesign.dk\/conditions\/"},"modified":"2025-10-06T12:06:22","modified_gmt":"2025-10-06T12:06:22","slug":"conditions","status":"publish","type":"page","link":"https:\/\/shop1.predesign.dk\/en\/conditions\/","title":{"rendered":"Conditions"},"content":{"rendered":"\t\t
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Conditions<\/span>
GENERAL TERMS OF SALE AND DELIVERY <\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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1.\u00a0\u00a0 APPLICATION<\/h3>

1.1<\/strong>\u00a0 \u00a0 The general terms of sale and delivery below shall apply in the absence of any other agreement in writing between the parties.<\/p>

2.\u00a0 ADVICE AND QUOTATIONS<\/h3>

2.1<\/strong>\u00a0 \u00a0 Quotations remain open for 90 days from the date of offering, subject to the goods being unsold.
2.2<\/strong>\u00a0 \u00a0 Comadan reserves the right to alter or cancel any quotations for which an order has been placed after the expiry date.<\/p>

3.\u00a0 ORDER<\/h3>

3.1<\/strong>\u00a0 \u00a0 No final agreement exists between the parties until Comadan has given its acceptance by way of a confirmation of order.
3.2<\/strong>\u00a0 \u00a0 In the event that Comadan’ confirmation of order does not agree with the purchaser’s order, the latter must raise a complaint without delay.
\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 Failing that, the purchaser will be bound by the contents of the confirmation of order.<\/p>

4.\u00a0 PRICES<\/h3>

4.1<\/strong>\u00a0 \u00a0 The prices of Comadan quotations, confirmations of orders and contracts are current prices excluding VAT and taxes.
\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 Comadan reserves the right to adjust the prices in the event of major changes in production costs, wages, raw material or subsuppliers’ prices, rates of\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 exchange, bank rates and any other factors beyond Comadan’ control, cf. par. 11. PRICES<\/p>

5. TIME OF DELIVERY<\/h3>

5.1<\/strong>\u00a0 \u00a0 The time of delivery will appear from the written order confirmation, provided that all technical details and formalities concerning the execution
\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 of the order are available. If not, the time of delivery shall be calculated from the date when all matters are settled.
5.2<\/strong>\u00a0 \u00a0 In the event that delivery is not made at the time of delivery con- firmed by Comadan, the purchaser shall be entitled to a penalty amounting to 0.5% for\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0each week of delay, nevertheless not exceeding 5% of the value of the whole delivery affected by the delay. This is the maximum penalty that the\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0purchaser may laim against Comadan for late delivery.
5.3<\/strong> \u00a0\u00a0 If delivery has not taken place within 30 days of the date of delivery, the purchaser is entitled upon written announcement to Comadan to cancel that\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0particular part of the purchase.
5.4<\/strong>\u00a0 \u00a0If the purchaser fails to take delivery of a complete consignment or parts there of on the date agreed upon and provided that there is no agreement
\u00a0 \u00a0 \u00a0 \u00a0 to the contrary, the purchaser shall be obliged to effect payment as if delivery has been made. Furthermore, Comadan shall be entitled to cancel the
\u00a0 \u00a0 \u00a0 \u00a0 \u00a0contract and claim damages from the purchaser for any loss inflicted on Comadan by the purchaser’s negligence.<\/span>
5.5<\/strong>\u00a0 \u00a0 In the event that a delay in delivery is caused by one of the factors mentioned in paragraph 11 or by the purchaser’s act or omission,
\u00a0 \u00a0 \u00a0 \u00a0 \u00a0the time of delivery shall be prolonged correspondingly. <\/span><\/p>

6.\u00a0 TERMS OF DELIVERY<\/h3>

6.1<\/strong>\u00a0 \u00a0All deliveries, are delivered Ex Works (cf. Incoterms 2010 EXW). unless otherwise agreed in writing.<\/p>

7.\u00a0 TERMS OF PAYMENT<\/h3>

7.1<\/strong>\u00a0 \u00a0Payment shall be effected pursuant to the agreed terms.
7.2<\/strong>\u00a0 \u00a0Comadan reserves the right to make delivery subject to guaranteed payment.
<\/span>7.3\u00a0<\/strong>\u00a0 Comadan shall retain ownership of the article until payment in full has been effected. If the purchaser fails to effect payment,
\u00a0 \u00a0 \u00a0 \u00a0 Comadan shall be entitled to take back the article.
<\/span>7.4<\/strong>\u00a0 \u00a0It follows from paragraph 6 that all costs related to transport of services and serviced products, such as freight, insurance, etc. shall be payable
\u00a0 \u00a0 \u00a0 \u00a0 by the purchaser. Any disbursements made by Comadan will be debited in the invoice.
7.5<\/span><\/strong>\u00a0 \u00a0If the purchaser fails to effect payment in due time, Comadan shall be entitled to charge a 2% interest per month or part of month after due date. <\/span>
<\/span>7,6<\/strong>\u00a0 \u00a0If the purchaser fails to effect payment in full and in due time, Comadan shall be entitled to cancel the contract, by notifying the purchaser in writing,
\u00a0 \u00a0 \u00a0 \u00a0 or retain the order in whole or in full. In this connection, Comadan shall be entitled to change the terms of payment for future
\u00a0 \u00a0 \u00a0 \u00a0 orders without prior notice.<\/p>

8.\u00a0 WARRANTY AND DEFECTS<\/h3>

8.1<\/strong>\u00a0 \u00a0All products delivered by Comadan are guaranteed against product and material defects, which are not the result of ordinary wear and tear,
\u00a0 \u00a0 \u00a0 \u00a0 \u00a0for a period of 12 months from the date of delivery.
\u00a0 \u00a0 \u00a0 \u00a0 This warranty shall only be valid if the product is installed correctly in accordance with Comadan’ installation
\u00a0 \u00a0 \u00a0 \u00a0 \u00a0instructions and accepted codes of good practice.
8.2 <\/strong>\u00a0 If, during the warranty period, a material or production defect is shown in any part of a Comadan product, Comadan undertakes to repair the product,
\u00a0 \u00a0 \u00a0 \u00a0 \u00a0and replace components where necessary, as soon as possible within normal working hours in our own workshop.
\u00a0 \u00a0 \u00a0 \u00a0 \u00a0The components will be replaced free of charge, but the cost of transport to and from Comadan as well as installation shall be paid by the end-user. <\/span>
8.3<\/strong>\u00a0 \u00a0Comadan reserves the right to refuse to repair products polluted by poisonous media or other environmentally harmful substances.
8.4<\/strong>\u00a0 \u00a0 Immediately upon receipt of the consignment, the purchaser must make sure that all parts are intact and in compliance with his order.
8.5<\/strong>\u00a0 \u00a0The purchaser shall only be entitled to claim damages for short or faulty delivery if the claim is raised without delay on receipt of the order.
8.6<\/strong>\u00a0 \u00a0 No damages can be claimed from Comadan for losses, expenses or costs incident to taking delivery, reordering, repair or removal of or other measures
\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 taken in relation to defective Comadan products or products in which Comadan products form part.
8.7\u00a0<\/strong>\u00a0 Comadan shall not be liable for any trading loss, loss of time or profit or any similar direct or indirect loss.<\/p>

9. RETURN OF NEW AND UNUSED GOODS<\/h3>

9.1<\/strong>\u00a0 The purchaser shall only be entitled to return products following prior acceptance by Comadan. The products must be in original,
\u00a0 \u00a0 \u00a0 \u00a0 undamaged packing and be marked with a return number taken out by Comadan.
\u00a0 \u00a0 \u00a0 \u00a0 When requesting a return number, the customer must refer to an invoice or delivery note number.
\u00a0 \u00a0 \u00a0 \u00a0 The products shall be returned to Comadan for the purchaser\u2019s own account and risk.
\u00a0 \u00a0 \u00a0 \u00a0 Any products returned to Comadan without a return number will be refused and returned to the consignor.
9.2<\/strong>\u00a0 Comadan must receive any returns not later than 10 working days after receipt of the return number by the purchaser,
\u00a0 \u00a0 \u00a0 \u00a0 after which date the agreement will lapse automatically. <\/span>
<\/span>9.3<\/strong>\u00a0 \u00a0A return fee of minimum 30 % of the net purchase price will be charged for all standard products. Special purpose products and products which has been
\u00a0 \u00a0 \u00a0 \u00a0 provided specially for the customer are not returnable.
\u00a0 \u00a0 \u00a0 \u00a0 No products will be accepted for return after a delay of three months of the original time of delivery.<\/p>

10.PRODUCT LIABILITY<\/h3>

10.1<\/strong> Comadan shall be indemnified by Buyer to the extent that Seller is liable to third parties for such damage or loss as Comadan under clause 10.2. and 10.3
\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 is not responsible to the Buyer.
10.2<\/strong> Comadan shall not be held liable for any damage to real and personal property, which occurs while the products are in the possession of the purchaser.
\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 Nor shall Comadan be held liable for damage to products fully manufactured by or including parts manufactured by the purchaser.
10.3 <\/strong>Under no circumstances shall Comadan be held liable for any trading loss, loss of profits or any other consequential financial loss.
\u00a0 \u00a0 \u00a0 \u00a0 \u00a0In the event that a third party makes a claim for damages for any such loss against either of the contracting parties, this party shall notify
\u00a0 \u00a0 \u00a0 \u00a0 \u00a0the other without delay.<\/span><\/p>

11.EXEMPTION FROM LIABILITY<\/h3>

11.1<\/strong> Comadan shall be entitled to cancel the order by notifying the purchaser in writing if fulfilment is impossible within a reasonable period of time
\u00a0 \u00a0 \u00a0 \u00a0 because of war, trike, lockout, political conditions or other incidents of force majeure beyond Comadan’ control. The same applies in case of delayed or\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 faulty delivery from a subsupplier. In the event of such incidents, Comadan shall not be liable to pay damages to the purchaser.<\/p>

12.LIMITATION OF LIABILITY<\/h3>

12.1<\/strong> Comadan is not liable, in contract, tort (including negligence), breach of statutory duty or otherwise, for loss of production, loss of turnover, loss of profit,
\u00a0 \u00a0 \u00a0 \u00a0 \u00a0loss of business opportunity, loss of data, loss of savings, oss of goodwill or any other indirect or consequential losses of any kind whatsoever arising\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0under or in connection with the agreement or a breach hereof.
12.2<\/strong> Comadan\u2019 total liability towards the customer in respect of all losses or damages arising under or in connection with an agreement (cf. clause 3)
\u00a0 \u00a0 \u00a0 \u00a0 \u00a0and the cooperation hereunder, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall under no circumstances
\u00a0 \u00a0 \u00a0 \u00a0 \u00a0exceed 15% of the amount paid by the customer under the agreement
<\/span>12.3<\/strong> The limitations in clause 12.1-12.2 does not apply to Comadan\u2019s\u00a0 liability for personal injury or death under the rules on product liability.<\/p>

13.INTELLECTUAL\u00a0 PROPERTY RIGHTS<\/h3>

13.1 <\/strong> Ownership. The full ownership of all intellectual property rights relating to products, spare parts and related services, including patents, designs,
\u00a0 \u00a0 \u00a0 \u00a0 \u00a0trademarks and copyrights, belongs to Comadan.<\/p>

14.DRAWINGS AND DESCRIPTIONS<\/h3>

14.1<\/strong> Any information of weight, dimensions, capacity, price, technical and other data given in catalogues, leaflets, circular letters, advertisements, pictures
\u00a0 \u00a0 \u00a0 \u00a0 \u00a0and pricelists is approximate and shall only be binding on Comadan when specific reference is made to a particular piece of information.
14.2<\/strong> All drawings and descriptions supplied shall remain the property of Comadan and may not be copied, reproduced, passed on to or in any other way
\u00a0 \u00a0 \u00a0 \u00a0 \u00a0communicated to a third party without written permission from Comadan. The right to use of drawings and descriptions necessary for the proper\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0installation, starting, operation and maintenance of the supplied products shall pass to the purchaser. However, Comadan may demand that these data\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0are treated as confidential information.<\/p>

15.TESTING<\/h3>

15.1<\/strong>\u00a0 All Comadan products are subject to inspection and standard testing prior to dispatch from the factory. If you need a test certificate,
\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 you must book the test certificate when placing your order, the certificate will \u2013 against payment \u2013 be delivered with your shipment.
\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 The certificate is proof that the product ordered are manufactured in accordance with Comadan \u00b4specifications.<\/p>

16.IoT \u2013 INTERNET OF THINGS<\/h3>

16.1<\/strong>\u00a0 \u00a0If the Product is designed to communicate with Comadan\u2019 cloud, marked as an \u201cIoT<\/strong> Product\u201d<\/strong>, the Product will be designed to deliver data,
\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 such as operating hours and alarms to Comadan\u2019s cloud. Customer hereby accepts that the data will be accessible by Comadan
\u00a0 \u00a0 \u00a0 \u00a0 \u00a0(which may retain a copy of the data). The data will be accessible by Customer if Customer has entered into a separate agreement on the delivery of
\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 digital services. Customer hereby accepts that the IoT Product when powered up may automatically connect to Comadan\u2019 s cloud, and any database\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0rights to such data will be owned by and automatically be transferred to Comadan. Consequently, Comadan may collect, process and retain as owner\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0any data (as regards personal data however, anonymized if required by applicable law) and to use and disclose such data for the purpose of developing\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0digital services and products. Amongst other things, Comadan may use the collected data to deliver services to Customer, learn about the performance\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0of products, statistical purposes, development and optimization of current and future products and services\u00a0
16.2<\/strong>\u00a0 Customer shall ensure, that the rights and obligations of this Clause 15 will be implemented in its contractual relationship with its customers and must\u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0 \u00a0further ensure that its customers at any timer implement the said rights and obligations in their contractual relationships with their customers.<\/p>

17.SETTLEMENT OF DISPUTES<\/h3>

17.1<\/strong> Applicable law. Any dispute between the parties arising from the agreement and matters related thereto shall be settled in accordance with Danish law.
17.2<\/strong> Jurisdiction. Disputes shall be settled exclusively by the Danish courts at the court in Randers.<\/p>

December 2024\u00a0<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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ConditionsGENERAL TERMS OF SALE AND DELIVERY 1.\u00a0\u00a0 APPLICATION 1.1\u00a0 \u00a0 The general terms of sale and delivery below shall apply in the absence of any other agreement in writing between the parties. 2.\u00a0 ADVICE AND QUOTATIONS 2.1\u00a0 \u00a0 Quotations remain open for 90 days from the date of offering, subject to the goods being unsold. […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":45,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"folder":[],"class_list":["post-8236","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/shop1.predesign.dk\/en\/wp-json\/wp\/v2\/pages\/8236","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/shop1.predesign.dk\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/shop1.predesign.dk\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/shop1.predesign.dk\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/shop1.predesign.dk\/en\/wp-json\/wp\/v2\/comments?post=8236"}],"version-history":[{"count":11,"href":"https:\/\/shop1.predesign.dk\/en\/wp-json\/wp\/v2\/pages\/8236\/revisions"}],"predecessor-version":[{"id":29761,"href":"https:\/\/shop1.predesign.dk\/en\/wp-json\/wp\/v2\/pages\/8236\/revisions\/29761"}],"wp:attachment":[{"href":"https:\/\/shop1.predesign.dk\/en\/wp-json\/wp\/v2\/media?parent=8236"}],"wp:term":[{"taxonomy":"folder","embeddable":true,"href":"https:\/\/shop1.predesign.dk\/en\/wp-json\/wp\/v2\/folder?post=8236"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}