The Nybo Jensen Konfektion A/S sales and delivery terms shall apply to all orders, unless otherwise stated in writing.
Receipt of order
All orders placed shall be subject to force majeure, a low level of inbound selling, and raw material delivery failure. Placed orders containing special commodities shall be final only when Nybo Jensen Konfektion A/S has received a signed copy of the confirmation of order from the customer.
The customer shall be entitled to cancel orders in a period of 8 days subsequent to the placement of the order, not including orders containing special commodities where production has been launched.
Nybo Jensen Konfektion A/S shall be entitled to reject any order, if the customer's credit rating is not satisfactory.
Delivery terms
All goods shall be delivered according to the Incoterms 2010 Ex Works clause, unless otherwise stated on the order confirmation. Nybo Jensen Konfektion A/S shall be entitled to choose to delay deliveries or to cancel any orders, in case of non-payment of arrears.
Delivery time, delays
Nybo Jensen Konfektion A/S shall, within a reasonable time frame, in writing, inform the customer about delays.
Prices
All stated prices are subject to changes in customs duties, all kinds of consumption taxes, sudden currency fluctuations, and increase in raw material prices. In the event that Nybo Jensen Konfektion A/S should want to call said changes, the customer must be informed immediately.
Payment, calculation of interest
Unless otherwise stated in writing, payments shall be due 14 days subsequent to the date of invoice. In case of overdue payment an interest of 1.5% per month shall be assigned to the total amount starting on the due date of payment.
In the event that payments are paid after judicial recovery of debts, the customer must pay all collection expenses.
Retention of title
Nybo Jensen Konfektion A/S shall retain ownership of any delivered goods until full payment of the sale price. Any cost of enforcement of retention of title shall be paid for by the customer.
Product liability
In the event that a product causes damage to the customer's, or any third party's, person or property, Nybo Jensen Konfektion A/S shall be liable only to the extent that it can be proven that the damage is caused as a result of said defect, and that there is a causual connection, including foreseeability, between the damage and the defect.
However, Nybo Jensen Konfektion A/S shall not be liable for damage to property or movable property for commercial use, belonging to the customer or any third party.
Nybo Jensen Konfektion A/S' compensation liability shall not include loss suffered as a result of loss of profits, loss on operations, lost earnings or other indirect losses, and any compensation that may arise shall not exceed the invoiced amount of the delivered claimed piece of goods.
In the event that Nybo Jensen Konfektion A/S is subject to liability towards any third party, the customer must be indemnified to the extend that said liability exceeds the limits stated above.
The customer must at all times seek to limit his/her loss if any.
Notice of defect
Any notice of defect shall be filed in writing no later than 8 days after reception of the goods. Notice of defect of any partial delivery shall not entitle for a cancellation of the items outstanding for order. Any notice of non-visible defects shall be filed no later than 8 days after it has been possible to discover the defect and no later than 3 months after the delivery of the goods.
Any notice of defect shall be submitted in writing and must contain an accurate description of the faults and defects. A sample of the defective goods must be submitted to Nybo Jensen Konfektion A/S along with the notice of defect in order for Nybo Jensen Konfektion A/S to evaluate the defect.
Inappropriate or wrong use or handling according to the washing instructions on www.nybo.dk shall not justify a product defect.
Return and replacement of goods
An item that is faded, used, washed or returned too late cannot be replaced or returned for credit. Special commodities and embroidered and printed items can also not be replaced or returned for credit.
Returned goods are only accepted in the same condition as when originally shipped, and a copy of the invoice/packing list must be enclosed. If the item is wrapped in a specific bag it must be returned in the same bag, otherwise the item cannot be returned for credit.
Any goods returned later than 3 months after the reception will be subject to price reduction according to the current Rules for Returned Goods stated on www.nybo.dk.
Exemption from liability (including force majeure)
Nybo Jensen Konfektion A/S reserves the right to postpone the date of delivery. If the delay is caused by circumstances that can be characterize as force majeure or if the delay is caused by delayed deliveries from sub-suppliers, the date of delivery shall be postponed for the same period of time as the obstruction has existed.
The following circumstances shall result in exemption from liability if they obstruct the fulfilment of the contract or makes the fulfilment of the contract unreasonably troublesome: Industrial dispute and any event whatsoever, which is beyond the parties' control such as war, mobilization or similar military draft, commandeering, confiscation, currency restrictions, revolt or civil unrest, shortage of transport vehicles, general scarcity of goods, restrictions on power and shortcomings or delays in deliveries from sub-suppliers regardless of the underlying reason.
A party who wishes to invoke any exemption of liability must without delay in writing inform the other party of the occurrence and cessation of the situation in question.
Both parties shall be entitled to cancel the contract, if one (or more) of the above mentioned circumstances that obstruct(s) the fulfilment of the contract continues to exist for 6 months after the original delivery date. However, in the event of lack of deliveries from sub-suppliers, Nybo Jensen Konfektion A/S shall be entitled to honour the contract by replacing goods (fabric, accessories) at an equivalent price and with equivalent quality and characteristics as soon as possible and not later than 3 months after the agreed delivery date.
Applicable law and venue for disputes
Any legal dispute shall be settled by Retten i Viborg (the Viborg city court) subject to Danish law, with the exception of the current rules of international civil law.
Updated May 2011.