Sales and delivery terms
1. Use
1.1 Use. Ordinary sales and delivery terms (”The terms”) apply to all agreements concerning Clayton Power ApS, CVR-number 29821631, (”The company”) sales and delivery of products, spare parts and associated services for business clients.
2. Terms of agreement
2.1 Terms of agreement. Along with the company’s offers and order confirmation, the terms represent the overall contractual basis concerning sales and delivery of products, spare parts and associated services for the client. (”Terms of agreement”). The client’s purchasing conditions printed on orders or otherwise communicated to the company do not represent a part of the terms of agreement.
2.2 Changes and appendix. Changes and appendix for the terms of agreement only apply, if the parties have made a written agreement.
2.2 Changes and appendix. Changes and appendix for the terms of agreement only apply, if the parties have made a written agreement.
3. Products, spare parts and services
3.1 Limitations of responsibility. Products, spare parts and associated services sold and delivered to the client by the company are to be used in a dry and dust free environment. Regardless of any opposing conditions in the terms of agreement, the company is in no case responsible for loss or damage caused by inexpedient use of the product. The client must indemnify the company to the extent that the company incurs responsibility for such loss or damage.
4. Price and payment
4.1 Price. The price for products, spare parts and associated services follow the company’s existent price list at the time, when the company confirms the clients’ order, unless the parties have made a different, written agreement. All prices are exclusive VAT.
4.2 Payment. The client must pay all invoices for products, spare parts and associated services within 30 days after shipping, unless the parties have made a different, written agreement.
4.2 Payment. The client must pay all invoices for products, spare parts and associated services within 30 days after shipping, unless the parties have made a different, written agreement.
5. Delayed payment
5.1 Interest rate. If the client fails to pay an invoice for products, spare parts or associated services in a timely manner, for reasons which the company is not responsible, the company has the right to claim an interest rate of the due quantity of 2% a month from the time of payment until actual payment occurs.
5.2 Repeal. If the client fails to pay a due invoice for products, spare parts or associated services within 14 days from having received a written claim of payment from the company, the company has - besides interest rate according to section 5.1!" the right to: (i) repeal the sale of the products, spare parts and/or associated services concerned by the delay,(ii) repeal the sale of products, spare parts and/or associated services, which have not yet been delivered to the client, or demand prepayment for these, and/or (iii) make other remedies for breach of contract applicable.
5.2 Repeal. If the client fails to pay a due invoice for products, spare parts or associated services within 14 days from having received a written claim of payment from the company, the company has - besides interest rate according to section 5.1!" the right to: (i) repeal the sale of the products, spare parts and/or associated services concerned by the delay,(ii) repeal the sale of products, spare parts and/or associated services, which have not yet been delivered to the client, or demand prepayment for these, and/or (iii) make other remedies for breach of contract applicable.
6. Offers, orders and order confirmation
6.1 Offers. The company’s offer is valid for 10 days from the date stated on the offer, unless something else appears on the actual offer. Acceptance of an offer, received by the company after the deadline is not binding for the company, unless the company has communicated otherwise to the client.
6.2 Orders. The client must place orders on products, spare parts and associated services to the company in writing. An order must contain the following information for each of the ordered products, spare parts or services: (i) Order number, (ii) Product number, (iii) Product description, (iv) Quantity, (v) Price,
(vi) Terms of payment, (vii) Delivery date, (viii) Address of delivery, and (ix) Terms of delivery.
6.3 Order confirmation. The company endeavors to send a written confirmation or cancellation on orders of products, spare parts or associated services to the client within 3 working days after receiving the order. Confirmation and cancellation of orders must be in writing in order to bind the company.
6.4 Changing an order. The clients cannot change a placed order on products, spare parts or associated services without acceptance from the company in writing.
6.2 Orders. The client must place orders on products, spare parts and associated services to the company in writing. An order must contain the following information for each of the ordered products, spare parts or services: (i) Order number, (ii) Product number, (iii) Product description, (iv) Quantity, (v) Price,
(vi) Terms of payment, (vii) Delivery date, (viii) Address of delivery, and (ix) Terms of delivery.
6.3 Order confirmation. The company endeavors to send a written confirmation or cancellation on orders of products, spare parts or associated services to the client within 3 working days after receiving the order. Confirmation and cancellation of orders must be in writing in order to bind the company.
6.4 Changing an order. The clients cannot change a placed order on products, spare parts or associated services without acceptance from the company in writing.
7. Delivery
7.1 Terms of delivery. The company delivers all sold products and spare parts.
7.2 Examination. The client must examine all products, spare parts and associated services at delivery. If the client discovers defects, which the client wishes to invoke, it must immediately be communicated to the company in writing. If defects, which the client discovers or should have discovered, are not immediately communicated to the company in writing, it cannot be effectuated at a later time.
7.2 Examination. The client must examine all products, spare parts and associated services at delivery. If the client discovers defects, which the client wishes to invoke, it must immediately be communicated to the company in writing. If defects, which the client discovers or should have discovered, are not immediately communicated to the company in writing, it cannot be effectuated at a later time.
8 Warranty
8.1 Warranty. The company guarantees that products and associated services are free of significant defects in design, material and execution for 24 months after delivery.
8.2 Exceptions. The company’s warranty does not include defects caused by: (i) ordinary wear and tear, (ii) storage, installation, use or maintenance against the company’s instructions or ordinary practice, (iii) repair or change carried out by others than the company, and (iv) other conditions for which the company has no responsibility.
8.3 Warranty service
To obtain warranty service, contact the store/dealer where you purchased the product.
Provide the following information:
Device model number
Device serial number
Brief description of the application and problem, including any error codes displayed on the device.
Obtain an RMA return authorization from the Clayton Power dealer before shipping the device.
Note that the device contains lithium batteries and must be shipped as dangerous goods according to UN3480 lithium-ion battery regulations.
8.4 Register a complaint. If the client discovers defects within the period of warranty, which the client wishes to invoke, it must be communicated to the company in writing, immediately. The client must give the company the requested information about the registered defects (see above). The company will examine the claim and inform the client about whether or not the defects are covered by the warranty and the RMA return authorization number will be provided.
8.5 RMA return. The company will send a replacement unit with reasonable time, dependent on shipping. After the request, the client must ship defect parts to the company within 4 weeks, unless otherwise agreed.
8.6 Shipping. The client/dealer holds the expenses and risks of the faulty product during transport from the customer to the company. The company holds the expenses and risks for return of replacement units during shipping, only if the defects are covered by the warranty.
8.7 Reseller. As a Clayton Power dealer, the client holds the direct contact with the end customer and the potential expenses related to service.
8.2 Exceptions. The company’s warranty does not include defects caused by: (i) ordinary wear and tear, (ii) storage, installation, use or maintenance against the company’s instructions or ordinary practice, (iii) repair or change carried out by others than the company, and (iv) other conditions for which the company has no responsibility.
8.3 Warranty service
To obtain warranty service, contact the store/dealer where you purchased the product.
Provide the following information:
Device model number
Device serial number
Brief description of the application and problem, including any error codes displayed on the device.
Obtain an RMA return authorization from the Clayton Power dealer before shipping the device.
Note that the device contains lithium batteries and must be shipped as dangerous goods according to UN3480 lithium-ion battery regulations.
8.4 Register a complaint. If the client discovers defects within the period of warranty, which the client wishes to invoke, it must be communicated to the company in writing, immediately. The client must give the company the requested information about the registered defects (see above). The company will examine the claim and inform the client about whether or not the defects are covered by the warranty and the RMA return authorization number will be provided.
8.5 RMA return. The company will send a replacement unit with reasonable time, dependent on shipping. After the request, the client must ship defect parts to the company within 4 weeks, unless otherwise agreed.
8.6 Shipping. The client/dealer holds the expenses and risks of the faulty product during transport from the customer to the company. The company holds the expenses and risks for return of replacement units during shipping, only if the defects are covered by the warranty.
8.7 Reseller. As a Clayton Power dealer, the client holds the direct contact with the end customer and the potential expenses related to service.
9 Responsibility
9.1 Responsibility. Each part is accountable for his/her own actions and omissions according to applicable law with the limitations resulting from the terms of agreement.
9.2 Product responsibility. The company is responsible for product responsibility regarding delivered products and spare parts, to the extent that such responsibility follows mandatory legislation. The client must indemnify the company to the extent that the company incurs product responsibility.
9.3 Indirect loss. Regardless of opposing conditions in the terms of agreement, the company is not responsible for the client’s indirect loss, including loss of production, sales, profit, time or goodwill.
9.4 Force majeure. Regardless of opposing conditions in the terms of agreement, the company is not responsible for the client’s lack of meeting obligations, which can be ascribed to force majeure. The liability exists as long as force majeure exists. Force majeure is considered to be conditions outside the control of the company, and which the company could not have foreseen, when entering the agreement. Examples of force majeure are unusual natural conditions, war, terror, applicable law, fire, flood, vandalism and work related disputes.
9.2 Product responsibility. The company is responsible for product responsibility regarding delivered products and spare parts, to the extent that such responsibility follows mandatory legislation. The client must indemnify the company to the extent that the company incurs product responsibility.
9.3 Indirect loss. Regardless of opposing conditions in the terms of agreement, the company is not responsible for the client’s indirect loss, including loss of production, sales, profit, time or goodwill.
9.4 Force majeure. Regardless of opposing conditions in the terms of agreement, the company is not responsible for the client’s lack of meeting obligations, which can be ascribed to force majeure. The liability exists as long as force majeure exists. Force majeure is considered to be conditions outside the control of the company, and which the company could not have foreseen, when entering the agreement. Examples of force majeure are unusual natural conditions, war, terror, applicable law, fire, flood, vandalism and work related disputes.
10. Rights, including intellectual property rights
10.1 Property rights. Full property rights of all intellectual property rights, regarding products, spare parts and associated services, including patents, design, trademarks and copyright, belong to the company.
10.2 Energy savings. Clayton Power obtains the right to report the actualized energy savings through a third party to the Danish Energy Agency (the right of attribution). The client cannot entrust the actualized energy savings to others.
10.2 Energy savings. Clayton Power obtains the right to report the actualized energy savings through a third party to the Danish Energy Agency (the right of attribution). The client cannot entrust the actualized energy savings to others.
11. Confidentiality
11.1 Disclosure and use. The client must not disclose, use or put others in a position to benefit from the company’s business secrets or other information, regardless of their nature, which are not publicly available.
11.2 Protection. The clients must not in an improper manner obtain or try to obtain knowledge about or availability to the company’s confidential information as described in section 12.1. The client must handle and store the information securely to avoid that they unintended become others’ knowledge.
11.3 Duration. The client’s obligations according to section 12.1-12.2 apply during the parties’ trade and without time limits after the termination of the trade, regardless of the cause of termination.
11.4 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.
11.2 Protection. The clients must not in an improper manner obtain or try to obtain knowledge about or availability to the company’s confidential information as described in section 12.1. The client must handle and store the information securely to avoid that they unintended become others’ knowledge.
11.3 Duration. The client’s obligations according to section 12.1-12.2 apply during the parties’ trade and without time limits after the termination of the trade, regardless of the cause of termination.
11.4 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.
12. Applicable law and jurisdiction
11.1 Applicable law. The parties’ trade is in all respects subjected to Danish law.
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
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