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Privacy and Terms of Use

1. Application

1.1 Application. The standard terms and conditions of sale and delivery (“the Terms and Conditions”) apply to all contracts involving the sale and delivery of products, spare parts and related services by Clayton Power ApS, Business reg. no. 29821631, (“the Company”) to business customers.

2. Contractual basis

2.1 Contractual basis. The Terms and Conditions together with the Company’s quotations and order confirmations constitute the entire contractual basis for the Company’s sale and delivery of products, spare parts and related services to the customer (“the Contractual Basis”). The customer’s terms and conditions of purchase printed on orders or otherwise provided to the Company do not form part of the Contractual Basis.


2.2 Amendments and additions. Amendments of and additions to the Contractual Basis only apply if agreed by the parties in writing.

3. Products, spare parts and services

3.1 Limitation of liability. Products, spare parts and related services sold and delivered by the Company to the customer are designed to be used in a dry and dust-free environment. Regardless of any contradictory terms and conditions in the Contractual Basis, the Company shall under no circumstances be liable for loss or damage caused by inappropriate use of the product. The customer shall indemnify the Company to the extent the Company is held liable for such loss or damage.

4. Price and payment

4.1 Price. The prices charged for products, spare parts and related services are as shown in the Company’s price list applicable at the time the Company confirms the customer’s order, unless the parties have agreed otherwise in writing.

All prices are exclusive of VAT.

4.2 Payment. The customer shall pay all invoices for products, spare parts or related services at the latest 30 days from dispatch, unless the parties have agreed otherwise in writing.

5. Late payment

5.1 Interest If the customer fails to make timely payment of an invoice for products, spare parts or related services for reasons unrelated to the Company, the Company is entitled to interest on the due amount at the rate of 2% per month from the due date until payment is made.


5.2 Cancellation. If the customer fails to pay a due invoice for products, spare parts or related services within 14 days from receipt of a written demand for payment from the Company, the Company is entitled, in addition to interest as specified under Clause

5.1, to: (i) cancel the sale of the products, spare parts and/or related services to which the delay relates, (ii) cancel the sale of products, spare parts and/or related services that have not yet been delivered to the customer or demand prepayment for such products, spare parts and/or related services, and/or (iii) avail itself of other remedies for breach of contract.

6. Orders, order confirmations, payment, refunds and the right of cancellation

6.1 Order confirmations. The Company shall endeavour to send the customer a written confirmation or rejection of an order for products, spare parts or related services no later than three working days from receipt of the order. To be binding on the Company, confirmations or rejections of orders must be in writing.
 
6.2 Changes to orders. The customer cannot change an order already placed for products, spare parts or related services without the Company’s written acceptance.
 
6.3 Payment. The Company accepts payment via Dankort/VISADankort/VISA/VISA Electron, Mastercard and JCB. Payment will only be deducted from your account once the order has been dispatched. All amounts are in DKK (Danish kroner) and inclusive of VAT. The Company uses an approved payment server that encrypts all your card information using SSL (Secure Socket Layer) protocol. This means that your information cannot be read by unauthorised parties.
 
6.4 Refunds. If a refund has been agreed, please forward your bank details, so we can transfer the agreed amount. A 14 day cancellation period applies for goods purchased in our online shop. The cancellation period begins on the day you receive the order. The costs of returns shall be borne by the customer.

You must notify us within 14 days from date of purchase if you wish to cancel your purchase, and the products must be returned within 14 days of the date you notify us. Notification must be sent by e-mail to sales@claytonpower.com. You must state very clearly that you wish to avail yourself of the cancellation right.


6.5 The condition of the product when you return it. You are only liable for any reduction in the value of the product caused by handling beyond that necessary to determine the nature of the product, its features and the way it works. In other words: you can try the product in the same way you would do in a physical shop. If the product has been tried beyond what is described above, we regard it as a used product, which means that if you cancel the purchase, you will only receive a partial refund of the purchase price, if any, depending on the market value of the product. In order to receive a full refund, treat the product in the same way you would in a physical shop. You are allowed to try the product, but not to start using it.

7. Delivery

7.1 Delivery conditions. The Company delivers all sold products and spare parts as quoted.
 
7.2 Inspection. The customer must inspect all products, spare parts and related services at the time of delivery. If the customer discovers an error or a defect which the customer wishes to invoke, the error or defect must immediately be reported in writing to the Company. If the customer discovers or should have discovered an error or defect and fails to immediately report it in writing to the Company, the customer cannot later invoke such error or defect.

8. Late delivery

8.1 Notification. If the Company expects that the delivery of products, spare parts or related services will be delayed, the Company will inform the customer accordingly, explain the reason for the delay and the expected new time of delivery.

9. Guarantee

9.1 Guarantee. The Company guarantees that its products, spare parts and related services are free of material errors and defects in design, materials and execution for 24 months from the date of delivery.
 
9.2 Exceptions. The Company's guarantee does not cover errors or defects caused by: (i) normal wear and tear, (ii) storage, installation, use or maintenance contrary to the Company’s instructions or general practice, (iii) repair or modification performed by parties other than the Company, and (iv) other matters for which the Company is not responsible.
 
9.3 Notification. If the customer discovers an error or defect during the guarantee period which the customer wishes to invoke, the error or defect must be immediately reported in writing to the Company. If the customer discovers or should have discovered an error or defect and fails to immediately report it in writing to the Company, the customer cannot later invoke such error or defect. The customer shall give the Company all information requested about a reported error or defect.


9.4 Inspection. Within a reasonable period of time after the Company has been notified by the customer of an error or defect and has investigated the claim, the Company shall inform the customer whether the error or defect is covered by the guarantee. The customer shall return defective components to the Company upon request. The customer carries the risk for components during transport to the Company. The Company is responsible for transport costs and carries the risk for parts during transport to the customer if the error or defect is covered by the guarantee. The Company will refund the costs of return to a reasonable extent. Enquiries and returns should be addressed to Clayton Power, Pakhusgården 42, DK-5000 Odense, tel. +45 4687 5760. Parcels sent COD are not accepted.

10. Liability

10.1 Liability. Each party is liable for its own acts and omissions in accordance with current law subject to the limitations stated in the Contractual Basis.
 
10.2 Product liability. The Company incurs product liability in relation to delivered products and spare parts to the extent such liability applies under mandatory legislation. The customer shall indemnify the Company to the extent the Company incurs product liability beyond that imposed by law.
 
10.3 Indirect loss. Irrespective of anything to the contrary in the Contractual Basis, the Company is not liable to the customer for indirect losses, including loss of production, loss of sales, as well as loss of earnings, time or goodwill. 
 
10.4 Force majeure. Irrespective of anything to the contrary in the Contractual Basis, the Company is not liable to the customer for a failure to comply with the Company’s obligations if the failure is attributable to force majeure. The exemption from liability applies for the duration of the force majeure. Force majeure is defined as all conditions which are beyond the Company’s control and which the Company could not have foreseen at the time the contract was signed.
 
Examples of force majeure include unusual natural events, war, acts of terrorism, fire, flooding, malicious damage and labour disputes.

11. Rights including intellectual property rights

11.1 Right of ownership. All intellectual property rights in respect of products, spare parts and related services, including patents, designs, trade marks and copyrights, are vested in the Company.
 
11.2 Energy savings. Clayton Power retains the right to report energy savings realised by a third party to the Danish Energy Agency (attribution right). The customer cannot assign the aforementioned realised energy savings to other parties.

12. Confidentiality

12.1 Disclosure and use. The customer shall not disclose, use or enable others to use the Company’s business secrets or any other information of whatever nature that is not publicly available.

12.2 Protection. The customer shall not acquire or attempt to acquire knowledge of or access to the Company’s confidential information as described under Clause 12.1 in an improper manner. The customer shall process and store the information securely to avoid any third party unintentionally gaining access to such information.
 
12.3 Duration. The customer’s obligations as described under 12.1-12.2 apply for the duration of the business relationship between the parties and after its termination without time limits and irrespective of the reason for the termination of the relationship.

12.4 Personal information. To ensure a close collaboration and highest service possible the company collects and registers personal contact information (name, e-mail and phone number) of the relevant employee of the customer.

13 Applicable law and jurisdiction

13.1 Applicable law. The parties’ trade is in all respects subjected to Danish law.

13.2 Complaints. Any complaints about products purchased from our online shop should be addressed to:


The Danish Competition and Consumer Authority’s Complaints Resolution Centre
Carl Jacobsens Vej 35, DK-2500 Valby


If you are a consumer resident in another EU country, you can state your complaint on the EU Commission’s dispute resolution platform. Platform address:


http://ec.europa.eu/consumers/odr/


If you submit a complaint here, always state our e-mail address: sales@claytonpower.com