The following terms and conditions apply unless any amendment is accepted in writing by BORG Automotive A/S.
Prices
All prices are DAP, DK-8600, Silkeborg, Denmark, exclusive of export packaging. BORG Automotive A/S’ goods are sold at the prices and under the terms and conditions applicable at the time of ordering. Prices are subject to change without notice.
Payments
Payment must be made net cash no later than on delivery, unless otherwise agreed in writing. Interest is added after the due date - this is currently 2 per cent per end of the month. All goods supplied by BORG Automotive A/S remain the property of the company until the buyer has paid in full. BORG Automotive A/S also reserves the right to cancel the sale without further notice if the buyer fails to make payment when due or fails to accept the goods when the buyer is obliged to do so.
Delivery and claims
All orders are accepted, provided that BORG Automotive A/S is entitled, in the event of extraordinary circumstances - such as war, political upheaval, fluctuations in exchange rates or commodity prices, etc. - to cancel the order in whole or in part, and/or to increase the price corresponding to the extra costs BORG Automotive A/S has had to incur as a result of the extraordinary circumstances. The delivery time is only approximate and non-binding and depends on no delays caused by a strike, lockout or some other kind of force majeure. Unless otherwise agreed, no form of delivery delay entitles the buyer to submit a claim to cover any direct or indirect losses or compensation, or to withdraw from the purchase of the ordered goods. Unless the buyer has provided clear delivery instructions, BORG Automotive A/S can determine the mode of shipping or transport without any responsibility to verify that this is the cheapest and the fastest mode. The buyer is obliged, immediately upon delivery, to examine the condition of the goods received and to immediately submit a claim in writing if the buyer believes that it can assert a demand as a result of defects in the goods delivered. The buyer's right to submit a claim for defects or compensation or any claim under the warranty lapses if the buyer has not submitted a complaint in writing within 24 months of delivery.
Return of goods
Goods that have been delivered in accordance with the buyer's request, but which have subsequently been returned, will only be credited if a written agreement has been entered in this regard. References that no longer exist in BORG Automotive A/S’ catalogues and/or price lists will not be accepted. A handling fee on 20 % of the original invoicing price will be subtracted the amount credited. Returned goods that have been accepted as a claim by BORG Automotive A/S prior the return will be replaced or credited, but such goods cannot provide the basis for a claim to cover loss of time, inconvenience, commercial loss, consequential damage or some other form of liability. The invoice number and item number must be quoted in any claim or return as proof that the goods have been delivered by BORG Automotive A/S.
Product liability
Under no circumstances does BORG Automotive A/S’ liability cover operating losses, loss of time, loss of profit or other indirect losses incurred by the buyer or a third party. BORG Automotive A/S can only be held liable if the buyer has used the goods delivered in accordance with BORG Automotive A/S' instructions. The responsibility is also limited to errors in BORG Automotive A/S' own deliveries and thus does not cover errors that arise in connection with BORG Automotive A/S’ products being included in or added to other deliveries.
Exchange regulations
Upon goods being sold, a corresponding core charge will be debited in addition to the price of the replacement unit, which will be fully credited on carriage paid return within 24 months unless otherwise stated in the relevant product catalogue, and under the following terms and conditions:
The buyer’s conditions
No special terms and conditions on the buyer's order form will be accepted if they are in violation of BORG Automotive A/S’ terms and conditions unless attention has been drawn to such special terms and conditions and BORG Automotive A/S has accepted them in writing.
Jurisdiction
Any dispute that may arise in connection with business relations between the buyer and BORG Automotive A/S must be settled in accordance with Danish law and must be decided in accordance with the regulations adopted by the Danish Institute of Arbitration, which must always apply to the arbitration proceedings. The place of arbitration is Aarhus, and the arbitration language must be Danish.