Applicable from 1 January 2022
Blue & Green AB, Org.no. 556711-9226
1. General provisions
These Terms of Sale and Delivery apply to any purchase made from Blue & Green AB, company reg. (Org.nummer) no. 556711-9226 (“Blue & Green”), unless otherwise agreed in writing. Thus, these Terms of Sale and Delivery will also prevail over any conflicting or derogating provisions set out in the buyer’s order, the buyer’s acceptance or the buyer’s terms of purchase, if any. In the following, cleaning products etc. supplied by Blue & Green are collectively referred to as “Products” or “the Products”.
On receipt of an order, Blue & Green will submit an order confirmation. Only orders for which Blue & Green has issued a written order confirmation are binding on Blue & Green and only on the terms and conditions stipulated in the order confirmation.
All prices are inclusive of customs duty and packaging fees but exclusive of VAT, freight charges and processing fees and any other taxes and duties. Unless otherwise agreed, the buyer will pay for the freight of Products ordered.
All orders are executed at the current price. Blue & Green determines the current price applicable from time to time. The current price is stated and finally determined in connection with the submission of the order confirmation.
4. Payment and retention of title
Unless otherwise agreed in writing, payment must be made on delivery or by the payment date stated on the invoice.
In the event of the buyer’s late payment, Blue & Green may charge interest on the amount due at a rate of 1.5% per month or fraction of a month from the date of delivery, or from the agreed payment date, until payment is made.
The Products will remain the property of Blue & Green until the entire purchase price and any interest and costs, including claims relating to freight, and any amount to which Blue & Green is otherwise entitled under the contractual relationship between the parties, have been paid in full. The retention of title applies to any agreement with a purchase price (including any deposit paid) in excess of DKK 2,000.
Agreed discounts will not be granted in case of late payment, and interest will thus be charged based on the full price of the Products.
Amounts may be set off against Blue & Green’s claim only to the extent it has been specifically agreed for the individual claim.
5. Delivery and delay
The date of delivery stated by Blue & Green is indicative only, unless a specific date has been agreed. However, Blue & Green may postpone the date of delivery if necessary due to factors over which Blue & Green has no influence or control.
Unless otherwise agreed, the terms of delivery are ex works, irrespective of which party arranges the transport.
The buyer is required to inspect the goods for defects on delivery. Blue & Green must be notified immediately in writing of any delivery damage or defects. The notification must include a description of the nature of the damage or defect relied on. The carrier must also be notified immediately.
In the event of hidden defects, notice of defects must be given immediately after the defects were ascertained or ought to have been ascertained.
In the event of late notice of defects, the buyer will forfeit the right to rely on the defects in question.
Any offer made by Blue & Green concerning goods which it does not have in its own stock is subject to the reservation that such goods may be subject to factors over which Blue & Green has no influence or control and which may either delay, increase the price or prevent the provision of the goods. In that event, Blue & Green may withdraw the offer or cancel an agreement made on the basis of the offer, in which case the buyer will have no right to make a claim based on the agreement.
Subject to written agreement, goods may be returned if the following conditions are met:
– that the buyer informs Blue & Green that the buyer wishes to return the goods within ten days of the delivery date;
– that the goods are unused and undamaged;
– that the packaging is unbroken; and
– that the goods were not pro-duced at the request of the buyer.
On return of goods, the purchase price will be refunded, less an amount equivalent to administra-tion, delivery and similar costs incurred by Blue & Green in connection with the agreement.
In the event of defective goods, Blue & Green will be entitled to deliver substitute goods.
Substitute goods will be delivered free of charge to the buyer, unless the circumstances relating to delivery have changed since the defective goods were delivered. If the defect has been remedied after delivery of substitute goods, the buyer is not entitled to invoke any further remedies for breach.
The buyer will have no remedies for breach vis-à-vis Blue & Green in the event that goods are damaged in transit.
In no circumstances will the buyer be entitled to cancel the purchase until Blue & Green has attempted to deliver substitute goods.
8. Limitation of liability
[Blue & Green’s/The buyer’s] liability in damages is limited to the amount invoiced for the Product sold.
Blue & Green is not liable for any personal injury or property damage caused by the goods if it cannot be substantiated that such injury or damage was attributable to error or neglect on the part of Blue & Green.
In any circumstances, Blue & Green is not liable for any loss of profits, loss of earnings or any other indirect loss.
9. Force majeure
Blue & Green is not liable for non-delivery, defective delivery or delayed delivery which is wholly or partly due to circumstances beyond Blue & Green’s control, including war, fire, strike, lockout, illness, etc.
10. Governing law and dispute resolution
The trading relationship between Blue & Green and the buyer is governed by Danish law, and any dispute arising out of the trading relationship must be brought before the Court of Lyngby as the court of first instance.
11. Processing of personal data
As part of the customer relationship, Blue & Green will process the buyer’s personal data for customer administration purposes, including delivery of the Products ordered, invoicing, marketing, etc. Such processing will be carried out in accordance with applicable data protection law, in particular the General Data Protection Regulation and the Danish Data Protection Act, and in a manner ensuring full confi-dentiality and security.