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This is a translation. The Danish version applies.

Terms / Terms of trade

Terms of trade

General terms of sale and delivery for deliveries from Datalogik P/S.

1. Agreements

These general terms of sale and delivery apply to all deliveries of goods and services from DATALOGIK P/S, unless otherwise agreed in writing.

2. Quotations and prices

Prices stated are excl. VAT and other expenses. The stated dimensions and other technical specifications in quotations and catalogue material are for guidance only, and DATALOGIK P/S accepts no liability for errors in this material. In all quotations, DATALOGIK P/S reserves the right to make exceptions for discontinued/sold-out goods.

The prices stated are those applicable on the date the order is placed, or as per previously prepared quotations. DATALOGIK P/S reserves the right to adjust prices without notice as a result of changes in DATALOGIK P/S' purchase prices, exchange rates, duties, internal or external circumstances, etc.

3. Cancellation

Cancellation of orders is not accepted for goods that are not kept in stock or that have been purchased specially for the customer, unless our supplier accepts the cancellation. DATALOGIK P/S reserves the right to charge a cancellation fee to cover shipping and the cancellation fee charged by our supplier.

4. Delivery

Unless otherwise agreed in writing, all deliveries are made ex works (Ex Works, cf. INCOTERMS 2000) from DATALOGIK P/S' warehouse, or directly from any subcontractor. Any shipment from DATALOGIK P/S' address is thus at the customer's expense and risk.

DATALOGIK P/S states indicative delivery times for the products in quotations, order confirmations, etc. Deviations from these may occur, and no compensation is given for them.

5. Retention of title

DATALOGIK P/S retains title to the goods sold until full and final payment has been made.

6. Return of goods

Goods ordered and delivered may only be returned by prior agreement with DATALOGIK P/S. Goods to be returned for credit must be returned within 8 days in undamaged original packaging. Freight and any fee are not credited. If not everything is intact, or the 8 days have been exceeded, DATALOGIK P/S cannot undertake to credit the goods. SOFTWARE IS NOT TAKEN BACK.

7. Complaints and warranty

Objections to the terms and specifications stated on an invoice must be made within 5 working days of receipt of the invoice.

Complaints concerning defects that can be detected by an examination of the goods on receipt must be made without undue delay and no later than 3 working days after receipt of the goods.

DATALOGIK P/S provides a 6-month warranty on new physical goods from the date of delivery. In the event of any supplier warranty beyond 6 months, warranty repairs are carried out by the supplier, and a longer repair time must be expected for some products. The warranty covers manufacturing and material defects.

The warranty lapses in the event of:

    1. Detection of a manufacturing or material defect after the warranty has expired.
    1. The defect having been caused by the customer, for example as a result of incorrect or unauthorised repair or use.
    1. Any external influences as well as repairs and modifications without DATALOGIK P/S' approval.
    1. The serial number having been removed or destroyed, or the goods having been connected incorrectly or to an incorrect voltage/type of current.
    1. Insufficient and/or inappropriate maintenance (including lack of cleaning and cleaning with unsuitable cleaning agents, exposure to moisture or to excessively high or low temperatures).

DATALOGIK P/S PROVIDES NO WARRANTY ON SERVICES DELIVERED. Services also include subscription services and the development of software.

SOFTWARE AND ITS SET-UP ARE NOT COVERED BY ANY WARRANTY.

7.1 Warranty repairs

For warranty repairs, a copy of the invoice and an exact description of the fault must accompany the product. If the goods or parts thereof prove to be defective or faulty, and DATALOGIK P/S can be held responsible for this, DATALOGIK P/S is obliged within a reasonable time to remedy the defect or replace the delivered items with goods of equivalent quality. If the product has been discontinued from the product range, DATALOGIK P/S is entitled to replace the goods with a newer, equivalent or larger model. DATALOGIK P/S reserves the right to send the goods to the manufacturer for repair. In that case, the customer must await the return of the goods. These circumstances are to be regarded as remedy within a reasonable time, as DATALOGIK P/S has no control over the return time from the manufacturer. If DATALOGIK P/S offers such remedy of the defect or exchange for a product with the same specifications, the customer is not entitled to cancel the purchase or to claim damages as a result of the defect. DATALOGIK P/S is not liable for any delay resulting from the remedy or the exchange. The warranty runs from the original date of purchase/delivery, even if the goods have been repaired. If goods returned for warranty repair are found to have no fault, the customer will be charged an inspection fee + shipping costs.

DATALOGIK P/S is solely obliged to remedy the defect or fault found. Re-establishment of programs, data and other functions is the responsibility of the customer. If the customer wishes such re-establishment to be carried out by DATALOGIK P/S, this work is invoiced at the normal hourly rate.

As a general rule, warranty repairs are always carried out at DATALOGIK P/S' address, so that the customer is obliged, on request, to return the goods to DATALOGIK P/S and to bear the associated costs. After completion of the repair or replacement, the customer collects the repaired or replaced items at DATALOGIK P/S' address at the customer's own expense. Damage occurring in transit in connection with a complaint is of no concern to DATALOGIK P/S.

DATALOGIK P/S accepts no liability for damage caused by incorrect use of our products.

Title to replaced or exchanged parts passes to DATALOGIK P/S.

7.2 Repairs outside the warranty

Repairs of goods outside the warranty are invoiced at the normal hourly rate. Spare parts are not included in this price. A minimum of half an hour is invoiced.

8. Loss of data

DATALOGIK P/S disclaims liability of any kind for loss of the customer's data. DATALOGIK P/S therefore urges the customer to make regular copies/backups of all data. DATALOGIK P/S expects daily copies/backups to have been made, as well as before service visits, and cannot be held liable for data loss of any kind in connection with, but not limited to, service, monitoring, theft protection, faults, hackers, viruses or the running of software developed or supplied by DATALOGIK P/S.

In connection with theft of equipment or an indication thereof, data may be deleted to prevent unauthorised access by third parties. In certain cases, this mechanism may be prevented from being triggered or may be deactivated, and DATALOGIK P/S cannot be held liable for the consequences of third-party access to data.

The customer is always responsible for securing copies/backups, unless there is a written agreement on the transfer of this responsibility to DATALOGIK P/S. The customer is always encouraged to be insured against data loss, whether intentional or unintentional.

9. Hosted solutions

Unless otherwise agreed in writing, services and products delivered by DATALOGIK P/S in hosted form are provided without any guarantee of availability. DATALOGIK P/S is not liable for loss of data, lack of availability, malfunction or reduced quality.

With hosted backup, DATALOGIK P/S stores the customer's data at two separate locations and endeavours to ensure that data is preserved in the event of internal breakdowns, etc. at DATALOGIK P/S. DATALOGIK P/S is not liable for loss of data with hosted backup and is not obliged to hand over data within a given time frame, unless there is a written agreement to that effect. Data is encrypted, and it is the customer's responsibility to keep the encryption key safe. If the encryption key is lost, data cannot be restored, and DATALOGIK P/S cannot be held liable for this.

Subscription agreements run for one year at a time from the start-up date and are renewed automatically unless they have been terminated. Notice of termination, to be in time, must be received in writing no later than 8 weeks before expiry. A change in subscription size (for example increased backup capacity) does not affect the determination of the period. Subscriptions are invoiced annually in advance, unless otherwise agreed in writing. The subscription period and termination are not changed by any shorter or longer invoicing interval.

10. Limitation of liability and reservations

To the extent that DATALOGIK P/S is liable to the customer, DATALOGIK P/S' liability is limited to direct loss and thus does not include consequential damage to connected equipment or indirect loss such as loss of earnings, transport costs, operating loss, installation costs, costs of third parties, etc. DATALOGIK P/S accepts no liability arising from the customer's legal relationships with third parties. In connection with the cancellation of a purchase, the customer cannot claim a price higher than the current market price at the time of cancellation.

Manuals accompanying DATALOGIK P/S' goods are frequently in English, and the customer cannot make any claim against DATALOGIK P/S that these must be in Danish.

Misprints, changes in prices and exchange rates, and changes in product specifications are reserved.

Further claims for damages will not be honoured.

11. Product liability

Reference is made to the general rules of Danish law on this matter, although DATALOGIK P/S expressly reserves the right not to be liable for operating loss, loss of earnings or other indirect loss.

12. Service

All assistance is regarded as billable assistance. Invoicing will normally take place after each instance of work, regardless of whether the customer considers any case resolved or not.

Unless there is a written agreement and an associated subscription to a call-out guarantee, DATALOGIK P/S is not obliged to respond to the customer's request within a specific time, but responds as quickly as possible and generally endeavours to resolve incoming tasks within 4 working weeks.

Any agreement on assistance or service visits is subject to illness, other urgent customer cases, etc., and DATALOGIK P/S cannot be held liable for loss or damage resulting from cancelled or postponed service visits.

DATALOGIK P/S reserves the right at any time to refuse the customer's request or order for assistance.

For assistance on weekdays after 17:00 and until 20:00, a surcharge of 50 % on the normal hourly rate is charged. For assistance on weekdays from 20:00 until 08:00, as well as at weekends, on public holidays and on ordinary days off, a surcharge of 100 % on the normal hourly rate is charged.

13. Payment

Unless otherwise agreed in writing, payment is net cash, current month plus 10 days from the invoice date. In the event of late payment, a reminder fee is charged in accordance with section 9 b(2) of the Danish Interest Act (renteloven). In addition, default interest of 2 % of the invoice amount is charged per month or part thereof. Any agreed deviations from this will appear in the order confirmation/invoice.

DATALOGIK P/S reserves the right at any time to change the customer's payment terms to payment in advance.

14. Disputes

Disputes arising from deliveries from DATALOGIK P/S shall be settled in accordance with Danish law. The venue is the District Court of Vejle (Retten i Vejle).