Offers & Purchase Orders. All offers made by RCU Underwater Systems ApS (SELLER) are subject to the availability of the goods offered. No purchase order shall be binding on the SELLER until a confirmation is sent back to the Customer (BUYER).
Payment Terms: Payments in EURO. Any additional document, such as Certificate of Origin signed by Chambers of Commerce, EUR1, Irrevocable Letter of Credit (L/C), or similar will be charged additionally and payed by the BUYER. Before opening the L/C the BUYER must send a draft to the SELLER, otherwise the SELLER reserves the right to refuse the L/C. Bank Guarantee issued by the SELLER will not be considered nor provided.
Acceptance of Agreement: If accepted as an order, this quotation constitutes the entire agreement between the SELLER and the BUYER with regards to the subject matter hereof and supersedes all previous discussions, verbal or written. No other terms and conditions will apply.
Delay of Delivering. SELLER shall not be considered in default in the performance of its obligations hereunder, or be liable in damages, penalties, fines or otherwise for any failure or delay in performance which is due to delay of subcontractors or vendors, which is beyond control of SELLER.
Warranty. The SELLER warrants that upon delivery and for a period of twelve months from the date of delivery goods purchased hereunder, will conform in all material respects to the applicable manufacturers specifications for such goods and will be free from material defects in workmanship, material and design under normal use. This warranty does not cover damage resulting from misuse, negligent handling, lack of reasonable maintenance and care, accident or abuse. The SELLER will be notified of the returned defective products. Transportation charges are paid by the BUYER.
Force Majeure. SELLER shall not be considered in default in the performance of its obligations hereunder, or be liable in damages, fines, penalties or otherwise for any failure or delay in performance which is due to strike, lockout, concerted act of workmen or other industrial disturbance, fire, explosion, flood or other natural catastrophe, civil disturbance, riot or armed conflict whether declared or undeclared, curtailment, shortage, rationing or allocation of normal sources of supply of labor, materials, transportation, energy, or utilities, accident, sufferance of or voluntary compliance with acts of government and government regulations, embargo or any other cause whether similar or dissimilar to any of the causes or categories of causes described above and which is beyond the control of SELLER.
Cancellation. Should BUYER be lead to cancel any purchase order which may be formed subsequent to the issuance of SELLER’s quotation prior to their normal date of completion, notice of such termination shall be made in writing within thirty(30) days prior to the effective date of termination stating the reasons therefore. SELLER shall be entitled to the payment of proper termination charges which shall include a portion of the price reflecting the amount of work completed.
Governing Law / Disputes Any contract or purchase order between SELLER and BUYER which may be formed subsequent to the issuance of SELLER’s quotation shall be issued according to the laws of Denmark. All disputes arising in connection with any contract or purchase order which may be formed subsequent to the issuance of this quotation shall be submitted to the Court of Thisted, Denmark.