TERMS & CONDITIONS

THE FOLLOWING tERMS & CONDITIONS APPLY FOR PURCHASES AT ICM from tHE 10TH OF MARCH, 2022

1. Scope

1.1. These conditions of sales and delivery apply to every purchase at ICM Safety A/S (here after referred to as ”Seller”) to that extend another written agreement do not explicitly derogate from these conditions. The present conditions of sales and delivery prevail over the Buyer’s own purchasing terms and any provisions in Buyer’s order/acceptance.

NOTICE
There are extended trading conditions for fixed anchorage systems. Call for more information.

2. ORDERING

2.1. Tenders submitted by Seller are valid for 30 days from the submission date, unless otherwise specified. When placing an order, the sales agreement is not effective until the Buyer has received a written order confirmation from Seller.

3. PRICES & PAYMENT

3.1. All prices are stated in DKK and taxes are included, but VAT, potential expenses linked to packaging, potential fees and delivery costs are excluded, which are according to Ex Works, Incoterms 2010. In addition, see point 4. for more information about delivery. Seller has the right to raise the price on undelivered goods, as a cause of price increases, which are set out by Seller’s subcontractors and are related to commodity price increases, changes in exchange rates, customs, taxes, fees, etc. or other circumstances beyond Seller’s influence. In those cases, where the product is covered by a pricing table, chosen by Seller, the pricing is based on the table applicable at the time of delivery, unless otherwise stated. Seller has the right to make changes in the price table at any time without notice.

INTERNET PURCHASES

Seller reserves the right to choose carrier, and we add following freight costs to the order:

OFFLINE PURCHASES

Seller reserves the right to choose carrier, and we add following costs to the order:

• Invoice fee:  DKK 25.00 on orders, where an electronic recipient is not stated.
• Transaction fee: DKK 60.00 on orders less than DKK 500.00 net.
• Environmental charges: DKK 49.00 on all orders.
• Shipping costs: DKK 75.00 per carton, DKK 495.00 per pallet, and DKK 330.00 per half-pallet.
• Dangerous-goods fee: DKK 150.00 per shipping, when buying products, which are classified as dangerous goods (UN).

PAYMENT

Seller accepts payment with the Danish payment card (Dankort), VISA Card and EURO/MASTERCARD. Payment will be debited to your account once it is shipped. Fees for payment with card are to be covered by the Buyer. Seller encrypts all your card data with a SSL connection (Secure Socket Layer), meaning that only PBS (the Danish Payment Service) has access to your data.

PRICES

All prices are stated in DKK, VAT (25%) excluded, where nothing else is mentioned. The prices are always those valid on the delivery date. Quantity discount is possible, when purchasing whole cartons, but only on products with a carton content stated. If it only says 1 piece, the product is only sold by the piece. Reservations are made for any typographical error or changes in duty and exchange rates.

RETURNS/CANCELLATION

In the event that you are not satisfied with any purchase from ICM, you may return unused goods, along with all original packaging and any labels within 14 days of receipt for a full refund or exchange, but only after prior agreement. You can cancel the order by refusing to receive the package. Costs associated with shipment returns are to be covered by the buyer. If the sales value of the product has been impaired by testing it, the right to return goods expires.

In cases, where the order confirmation and invoice indicate that a product is a special-order item, the item cannot be returned.

ALL RETURNS MUST BE SEND TO:

It is possible either to deliver the products on ICM 's address or send it to us. Products returned to ICM C.O.D. will be denied receipt.

CLAIMS

We accept no liability for errors in prices, product descriptions, images or other information on https://www.icmsafety.com/en

3.2. Property rights for sold goods remain those of the Seller until the purchase price and all other costs linked to the purchase are payed by the Buyer.

4. DELIVERY & TRANSFER OF RISK

4.1. All stated delivery times are approximate. If the Seller estimates the stated delivery time is not possible to comply with, the Buyer will be informed, and if possible a new expected delivery time will be announced.We send all items as postal packages or with DSV (transport and logistics provider), which makes it possible to track the delivery.Orders that are received before 1:00 pm on workdays in Denmark will, in general, be shipped the same day. We accept no liability for sold out items.

4.2. Delivery takes place from Seller’s address (EX WORKS, INCOTERMS 2010), regardless of Seller bringing the goods to the Buyer through its own employees or a third party according to a separate agreement.

4.3. The risk concerning the purchased goods passes on to the Buyer at the time of delivery. Delivery is considered completed, when Seller has placed the goods at the disposal of the Buyer at Buyer’s address on the stated time. If a different delivery address than that of the Buyer is agreed, the transport costs and risk, potential loading included, is covered by the Buyer, unless explicitly otherwise agreed.

5. DUTY OF EXAMINATION & WARRANTY

5.1. The Buyer is obliged to thoroughly examine the delivered goods immediately after delivery to ensure that the goods are without any fault. Examination must be done prior to any use.

Is the packaging visibly damaged, you must immediately report it to the carrier, when receiving the goods.

5.2. If the Buyer will complain about a defect or any other fault of the purchased item, the Buyer must immediately and no later than 2 workdays after the defect is (or should have been) detected, notify the Seller in writing and describe the defect. If the Buyer does not make the claim within this time period, the Buyer loses the right to complain on account of the defect.

5.3. If the Buyer within the 12 months from the time of delivery has not complained on account of the defect to Seller, the Buyer is prevented from making a claim in every respect.

5.4. If the Buyer receives claims from Buyer’s customers or other users of Seller’s shipment concerning Seller’s shipment or parts of it, the Buyer is obliged to pass them on to Seller in writing/make a claim to Seller immediately and no later than 5 workdays after receiving the complaint. A failure to comply with these rules means that the Buyer loses all rights to make a claim later, whether on account of a defect or compensation. The Buyer is, furthermore, in the interrelationship between Seller and Buyer obliged to exempt Seller from any claim whatsoever, which the Buyer’s customers or other users of Seller’s shipment legitimately have made directly to Seller.

5.5. The sales of used equipment are not covered by any warranty.

5.6. As regards to spare parts the warranty is subject to correct installation and testing, before using the product. If the Buyer do not comply with the prescribed rules, the right to make a claim no longer applies and any liability of the Seller expires.

5.7. When making a claim, Buyer must always state the serial number of the purchased product, if available.

6. LIABILITY & LIMITATIONS OF LIABILITY

6.1. Faults will be remedied through repair and/or exchange of (parts of) the product or its components. The Seller chooses which is suitable. If the fault is corrected, the Buyer has no right to make any further claims. The expense of the Buyer for demounting and mounting the product/components will not be compensated and is of no concern to the Seller.

6.2. Only in case the Seller is not capable of remedying the fault, as stated above, within a reasonable period and a reasonable number of attempts, the Buyer can let a third party do the correction or claim a reasonable reduction of the purchase price, however, no more than 20% of the agreed price for the product in question. If the fault is significant, the Buyer can annul the purchase through a written notification to Seller and claim compensation for its loss, but no more than 20% of the agreed purchase price.  

6.3. Seller’s obligations concerning faulty products are limited to those stated above. Seller is not liable for direct or indirect losses, such as operating losses, loss of earnings and similar costs or damages.

6.4. The liability does not cover faults caused by circumstances, which have occurred after the risk has passed on to the Buyer.

6.5. Likewise, is Seller only responsible for faulty goods, if the Buyer has applied and/or mounted/installed these in a proper and responsible way, and according to any instructions provided by Seller. Seller reserves the right to require proof of correct mounting/instalment and routine maintenance.

6.6. Seller’s liability is limited to defects in Seller’s own shipments. Seller is not liable for any faults, which have arisen in connection with inserting the item in a third-party product or adding it to a third-party product.

6.7. Wear parts and/or consumables are not included by Seller’s liability.

6.8. Seller reserves the right to request defect components, which are to be replaced by Seller or a third party. The returning of defect products is payable only by the Buyer.

6.9. If the returned components show that Seller is without any fault for the defect in question, Seller reserves the right to claim payment for the replaced components and claim refund for any compensation paid.

6.10. In case a third party claims Seller liable for any fault, the Buyer is obliged to keep Seller indemnified to that extend this liability exceeds the limitations provided in these terms and conditions.

6.11. The Buyer has the entire risk that Sellers shipment is suitable for buyers purpose.

7. PRODUCT LIABILITY

7.1. Seller is liable for any personal injury according to the law on liability for defective products.

7.2. Seller exempts itself to the fullest extent, in the interrelationship between Seller and Buyer, from any liability for damages on immovable and movable property that may occur, while the product is in the possession of the Buyer.

7.3. Seller is under no circumstances liable for damages on Buyer’s and/or third party’s products/things/movable property/immovable property, if Seller’s product through the Buyer or third party has been inserted to another product or made part of another product. Seller is, furthermore, not liable if the Buyer has not followed the instructions of Seller in relation to use and/or instalment.

7.4. Seller is under no circumstances whatsoever liable for operational losses, loss of earnings or any other indirect loss.

7.5. In case Seller should face a claim on liability for defective products from Buyer’s customers, their customers or later users of Seller’s deliveries, the Buyer is, in the interrelationship between Seller and Buyer, obliged to keep Seller from any such claim and to cover Seller’s reasonable costs for the defence against this claim. The Buyer is in this case obliged to meet the charges at the same court, which handles the claim for compensation against the Seller.

8. CE LABELLING

8.1. The purchased products are solely CE labelled. Any other labelling according to other rules shall be the responsibility/risk of the Buyer. Modifications of the product shall likewise be the responsibility/risk of the Buyer.

8.2. In so far Seller should face a compensation claim from the side of Buyer’s customers, customers of those or other later users of Seller’s deliveries from a country outside the EEA and/or EU as a consequence of missing labelling, the Buyer is, in the interrelationship between Seller and Buyer, obliged to keep Seller from any such claim and to cover Seller’s reasonable costs for the defence against this claim. The Buyer is in this case obliged to meet the charges at the same court, which handles the claim for compensation against Seller.

8.3. The Buyer is also requested to reserve article 8.1. towards its customers and/or co-contracting parties.

9. INTELLECTUAL RIGHTS & CONFIDENTIALITY

9.1. All the intellectual rights of the Seller that might be linked to the delivered goods stay the property of Seller.

9.2. Without Seller’s written consent, the Buyer has no right to pass on knowledge of technical or commercial information to a third party, which in their character are confidential or were stated as confidential by Seller at the inception of the agreement or later. All plans, models and other technical documents concerning the shipment, which shall be passed on from Seller to the Buyer, before or after entering into the agreement, belong to Seller. Without consent from Seller the mentioned materials may only be employed, when using or re-selling the product.

10. FORCE MAJEURE

10.1. In case of force majeure the Seller is free of its obligations, as long as the force majeure situation lasts. It is force majeure, if Seller or Seller’s subcontractors are prevented from fulfilling agreements as a cause of circumstances like war, civil war, insurrection, acts of terror, public restrictions, import or export prohibition, natural catastrophes of any kind, and industrial actions - national or local -, outbreak of fire, power cut, computer virus or similar, unless it is provable that Seller could have reasonably foreseen this, when entering into the agreement.

11. INFORMATION ON MEANS OF COMPLAINTS AVAILABLE

11.1 In case of dissatisfaction in relation to a delivered item you are welcome to contact our customer service on phone: +45 70 606 606 at any time. You can file a complaint about a product or a service at Center for Klageløsning (Dispute resolution), Nævnenes Hus, Toldboden 2, 8800 Viborg. Send a complaint to Center for Klageløsning through Klageportalen for Nævnenes Hus https://kpo.naevneneshus.dk/

The online site of the EU Commission for complaints is also available for filing a complaint. It is particularly relevant if you are a consumer living in another country within the EU. You file the complaint at: http://ec.europa.eu/odr. When filing a complaint you must give our e-mail address: mail@icmsafety.com.

12. APPLICABLE LAW & JURISDICTION

12.1. Disputes in connection with agreements between Seller and Buyer must be settled according to Danish Law at the court of Seller’s domicile or at Sø- og Handelsretten in Copenhagen (Maritime and Commercial Court), at Seller’s choice.

12.2. However, Seller is eligible to claim arbitration proceedings according to ordinary Danish Law. The arbitration shall not preclude the request for an injunction or other temporary remedies at the relevant venue.  

13. REQUESTING MATERIALS FROM ICM A/S

ICM A/S has the copyright on all provided materials (here understood as photos, product descriptions, data sheets, etc.), and the materials are to be used for the sole purpose of sales promotion, as long as you purchase the products in question at ICM A/S. Furthermore, the materials are only for use in accordance with the style and tone of ICM A/S, meaning in a reasoned and serious context and in no way in a manner that can be understood as racial, sexist or in any form as politically incorrect. All product related texts are used by ICM A/S on the internet and you are, therefore, as a customer obliged to rephrase all material to a unique expression, if you want to use it on the internet, regardless of the choice of digital channel. Passing on material to a third party is not allowed without prior approval of ICM A/S.

NOTE
​​​​​​​There are extended trading conditions on fixed anchorage systems. Call for more information.