Terms and Conditions of Sale and Delivery

These terms of sale and delivery apply unless another mutual agreement has been signed.

1. Prices
   1. All prices are excl. VAT.
       
2. Delivery
   1. Unless otherwise agreed, the delivery is sold as Ex Works (EXW) according to Incoterm.
   2. For deliveries outside the EU, and where nothing else has been agreed, the delivery is sold as Free Carrier, FCA, according to Incoterm.
   3. Megatrade will, unless otherwise agreed, organise shipment on behalf of the buyer. Shipment will be billed according to the price list valid at any given time.
       
3. Quotes and acceptance
   1. Quotes are valid as standard for 30 days.
   2. Orders are only binding on Megatrade when the order confirmation has been sent or when the order executed.
   3. Unless otherwise stated, offers exclude delivery.
   4. When the buyer purchases goods that are not in stock, Megatrade has the right to both over- and under-delivery, if the product’s production method or packaging so requires.
   5. Quotes submitted by Megatrade do not impose an obligation on the buyer, but merely constitute an invitation to place an order.
   6. When submitting a quote, all net prices are excl. VAT and based on the purchase of all positions in the quote and with compliance with any Minimum Order Quantity (MOQ) per order.
   7. Unless otherwise agreed, an order may contain only one shipping address. In addition, reservations are made for MOQ prices with regard to the agreed number of deliveries and delivery procedures.
   8. Reservations are made for raw material and tax increases, significant changes in customs rates, the introduction of public taxes of any kind that are outside the scope of Megatrade and the suppliers’ influence, and obvious errors in price calculation such as unreasonably low price.
   9. Price change may occur if specifications and/or material and place of delivery change.
   10. Megatrade reserves the right to adjust, correct, otherwise change or completely withdraw a quote, if the conditions for the offer change in accordance with the above.
        
4. Packaging
   1. All orders are subjected to a packaging fee of DKK 27.62 as of September 2024. Megatrade reserves the right to change this packaging fee without prior agreement.
      
      The packaging fee covers Megatrade's standard packaging. For special packaging, Megatrade reserves the right to charge the actual cost for this special packaging.
       
5. Environmental Fee
   1. All orders are subjected to an environmental fee of DKK 41.97 as of September 2024. Megatrade reserves the right to change this environmental fee without prior agreement.
       
6. Delivery time
   1. Unless otherwise agreed, delivery will always be complete.
   2. If the buyer wants a partial delivery, extra shipping costs will be charged to the buyer.
   3. Stated delivery times are estimated and are complied with as far as possible. Megatrade assumes no responsibility for any delay and any delay does not entitle the buyer to cancel the purchase.
       
7. Payment
   1. Unless otherwise agreed, the payment condition is net cash 14 days.
   2. In the event of late payment, interest of 2% per month per commenced month.
   3. If the buyer does not comply with the conditions agreed for the order regarding payment or guarantee, Megatrade is not obligated to make additional deliveries to the buyer.
   4. The Buyer is not entitled to withhold payment due to any counterclaims that Megatrade has not acknowledged.
   5. The delivered goods remain the property of Megatrade until payment has been made in full.
       
8. Handling charge
   1. Megatrade has a minimum order size of the item value of DKK 400.00 excl. VAT and shipment.
   2. For orders below the minimum order size, a variable handling charge is added to compensate for the difference.
   3. Back order excluded
       
9. Complaint
   1. All purchases are considered trade purchases.
   2. In the case of defects related to quality or quantity, the buyer must notify Megatrade  within 8 days of delivery.
   3. In the event of a complaint submitted later than 8 days after delivery, Megatrade reserves the right to reject the complaint without further justification.
   4. The complaint is processed in accordance with the delivery conditions, but subject to the buyer’s timely payment of amounts due, as warranty obligations are suspended in the event of non-payment or other default on the part of the buyer.
       
10. Return
    1. Items can only be returned by prior arrangement.
    2. After 8 days from delivery, 20% of the item value is deducted.
    3. Custom-made products cannot be returned unless otherwise agreed.
    4. All returned goods must be in the original packaging and in unused condition.
        
11. Cancellation
    1. The Buyer does not have the unilateral right to cancel an order without the agreement of Megatrade.
    2. Upon cancellation of an order, Megatrade reserves the right to bill the buyer for costs already incurred for that order.
        
12. Product liability
    1. Megatrade is only liable for personal injury if it is proven that the damage is due to errors or negligence committed by Megatrade or others for whom Megatrade is responsible.
    2. Megatrade is not responsible for damage to real estate or personal property.
    3. Megatrade is not responsible for operating losses, lost earnings or other indirect losses.
    4. Megatrade’s liability for damage to property cannot exceed DKK 1 million per damage.
    5. To the extent that Megatrade may be held liable to third parties, the buyer is obliged to indemnify Megatrade to the same extent as Megatrade’s liability is limited in the above section.
        
13. Freedom from responsibility
    The following circumstances give rise to freedom from responsibility when they occur after the conclusion of the agreement and prevent its fulfilment.
    1. Labour disputes and any other circumstances beyond the control of the parties: for example, but not limited to, fire, war, mobilisation or unforeseen military calls of a similar nature, requisitions, seizures, currency restrictions, riots and unrest, lack of means of transport, general shortage of goods, restrictions of drive power, and deficiencies in or delays in deliveries from subcontractors, which are due to any of the circumstances mentioned in this paragraph.
        
14. Liability for defects
    1. Megatrade undertakes, within a period of 6 months from the date of delivery, to exchange deliveries which are defective due to defects in design, material or workmanship and which can only be recognised during assembly or use.
    2. Complaints regarding defects must be made in writing and without undue delay. If the buyer fails to do so, the buyer loses the right to exchange.
    3. If Megatrade does not exchange defective deliveries within a reasonable time, after the buyer has complained, the buyer has the right to terminate the agreement by written notice to Megatrade, with regard to the defective part of the delivery.
    4. Megatrade has no responsibility for defects or impaired yields of defective deliveries other than as previously described. Megatrade is thus not liable for operating losses, lost earnings or other indirect losses.
        
15. Venue etc.
    1. Any dispute that may arise between the parties should be resolved amicably. If agreement cannot be reached, the case will be decided in accordance with Danish law, with the Maritime and Commercial Court in Copenhagen as the agreed venue.
    2. Any arbitration is final and binding for both parties.
        
16. Disclaimer
    1. We do our utmost to ensure that the information on this website is complete, correct and up to date. We continuously try to correct any errors and cannot guarantee the timeliness, accuracy, completeness of the information etc. Megatrade can thus in no way be held liable for the information contained on the site - regardless of whether this information is unexpectedly incorrect. Megatrade cannot be held liable for any damages or losses that may arise - directly or indirectly - as a result of the use of this website. This includes any computer viruses caused by downloads. Megatrade cannot be held responsible for the content of the websites and external documents we link to. Use is at the user’s own risk. We do what is possible to ensure stable operation of the website, but are not responsible for operational disruptions or crashes: e.g. interruption due to bug fixing, maintenance or improvement of the website.
    2. Any settlement by arbitration is final and binding for both parties.