TERMS OF SALE AND DELIVERY of Montes A/S

1. Offer, Acceptance and Order Confirmation

Only written offers are considered binding on Montes A/S. A written offer is deemed void if it is not accepted within 30 days of the offer date. An order is first considered binding on Montes A/S once there is a written order confirmation.

2. Prices

Prices are stated in Danish kroner (DKK) if nothing else is stated. The prices in an offer are contingent on the acceptance of the total offer. Unless otherwise agreed, the prices quoted are exclusive of VAT, shipping costs, fees and any other taxes, duties and charges. Price and exchange rate changes may cause changes to the agreed price. All prices listed in the price list of Montes A/S are indicative. If the cost of the product increases owing to the customer’s circumstances, this will be added to the price of the product. Reservations are made for printing errors.

3. Payment Terms

Unless otherwise stated, the payment terms are 8 days net in cash from the invoice date. If payment is made after the fixed date of payment, interest will accrue at the rate of 1.5% per month or part of a month, from the due date until payment is made.

4. Terms of Delivery, Delay etc.

Every delivery time is estimated according to best estimate, and Montes A/S disclaims liability for delayed delivery. If the customer wishes the delivery time to be postponed, this can only be done by prior agreement with Montes A/S for a fee. Delivery is made at the customer’s expense and risk.

5. Force Majeure

Montes A/S is liable in the event of a force majeure. This includes strike at the company, lack of energy supply, lack of supply from subcontractors as well as computer viruses. The list is not exhaustive.

6. Complaints and Defects

Information about the capacity and dimensions of as well as other information on the offered or purchased goods may vary from what is delivered. Such deviations are not to be regarded as defects.

If a product has expired or can no longer be delivered, a similar or better product will be delivered. The customer is obliged, on delivery, to inspect what is delivered, and if the item suffers from a defect, the customer must make a written complaint immediately.

Claims for defects must be made within a period of 3 months from the date of delivery. After the expiry of this complaint period, the right to claim defects will lapse.

In connection with the rectification of a possible manufacturing defect, it is the warranty terms and provisions of the manufacturer and/or distributor of the individual unit that apply.

In case of defects in storage devices such as disks, backup tapes or the like, the warranty only covers the physical device and not the data stored on the device. Restoration of data can, as agreed, be carried out at the customer’s request and expense.

Software products are not covered by the aforementioned terms, as it is the software vendor’s license agreements that will apply in these cases.

7. Disclaimer

To the extent the customer has provided insufficient or inaccurate information regarding its requirements and needs, Montes A/S is not responsible for ensuring that the supplied product is an adequate and/or suitable solution for the customer.

Montes A/S assumes no liability for defects that have arisen due to improper or defective operation, poor maintenance, faulty power supply, fortuitous events, normal wear and tear or other similar conditions.

Montes A/S is not responsible for consequential and indirect losses or incompatibility with software provided by anyone other than Montes A/S. Similarly, Montes A/S disclaims liability for faults in software developed by third parties and sold through Montes A/S.

Montes A/S is not liable for consequential damages owing to any faults in programs developed by Montes A/S, but will be obliged to rectify detected errors for a period of 3 months.

8. Repair and Rectification of Defects

A defective item can be returned to Montes A/S for repairs. For larger computer systems, repairs may be required at the customer’s premises.

If Montes A/S is summoned in complaints cases where the defects are not owing to Montes A/S, the customer is invoiced according to applicable price lists.

9. Software Licence

The Customer acquires a non-exclusive, non-transferable right of use for the agreed number of users and/or for the agreed number of licences for a purchased program. The customer is not entitled to copy the program or parts thereof except for the copying required during installation.

However, the customer is entitled to make a backup copy of the delivered program for backup or filing purposes.

10. Cancellation of Order by the Customer

Cancellation can only happen with the written consent of Montes A/S and against financial compensation.

11. Retention of Title

Montes A/S retains the title to any item until the full purchase price, plus any interest and costs, has been paid.

12. Applicable Law and Venue

Any dispute between Montes A/S and the customer must be settled according to Danish law. Disputes must be settled by the district court of Hjørring.

13. Derogation

In case of sale according to a purchase or lease contract, the terms of the contract also apply. The above Terms of Sale and Delivery can only be waived by written agreement between the parties.