Terms of sale
The Terms and Conditions of Sale and Delivery apply to all sales and deliveries of products and/or services made by HIN A/S (hereinafter referred to as "HIN") to customers, unless otherwise expressly agreed in writing. HIN reserves the right to update and change the terms and conditions from time to time. Incoterms 2020 apply to the extent not otherwise agreed in writing in the order confirmation or HIN's terms and conditions.
1. Offer, Order and Acceptance
1.1. Buyer's orders are only binding upon HIN once HIN has issued a written order confirmation.
1.2. All quotations are non-binding unless otherwise expressly stated.
1.3. Regardless of the fact that an offer from HIN appears to be binding on HIN, HIN is only obliged under the offer if HIN receives written and unambiguous acceptance within 4 weeks from the date of the offer. HIN may specify a shorter acceptance period in quotation or order confirmation.
1.4. Information contained in product information and price lists – written or electronic – is binding only to the extent that the order confirmation expressly refers to them.
1.5. For made-to-order goods, HIN reserves the right to deliver + – 10% of the quantity stated in the order.
1.6. On orders under DKK 1000.00, HIN is entitled to charge a handling fee of DKK 75.00.
2. Price and delivery terms
2.1. Unless otherwise stated, the price is Ex Works (Incoterms 2020) and is exclusive of VAT and other taxes.
2.2. HIN reserves the right to adjust quoted prices before and after acceptance due to changes in raw material prices, supplier prices, taxes, exchange rates, labour costs or other significant circumstances.
2.3. If the nature of the delivery changes, or HIN's costs increase in some other way, because of circumstances on the part of the buyer, the price stated in the contract is subject to adjustment.
2.4. Deliveries that are not covered by the binding offer prices shall be invoiced at HIN's prevailing price.
2.5. HIN reserves the right to correct for typos, price errors, VAT and tax changes, sold-out/discontinued products and delivery failures from our suppliers.
3. Payment terms
3.1. Unless otherwise agreed, payment must be made 8 days net from the invoice date.
3.2. If no other agreement has been entered into on payment and payment is not made by the due date, HIN is entitled to default interest of 2% per month of the amount due from the due date as well as a reimbursement of debt collection costs.
4. Retention of title and security
4.1. HIN retains ownership of the goods sold until the entire purchase price, including any interest and costs, has been paid in full by the buyer.
4.2. The buyer is obliged to keep the delivered goods separately and clearly labelled, as the property of HIN, until payment has been made. The buyer may not resell, pledge or otherwise dispose of the goods until
Title to the goods has passed, unless this is done as part of normal operations and in that case against a corresponding reservation of title to a third party.
4.3. In the event of the buyer's default, including payment default, the seller is entitled to take back the delivered goods without further notice and claim any outstanding debt.
4.4. All costs associated with enforcing the retention of title are the responsibility of the buyer.
4.5. HIN is at any time, in connection with or after the conclusion of the agreement, entitled to require adequate security for the Buyer's obligations in connection with the agreement.
5. Delivery time
5.1. Unless otherwise agreed, delivery will take place as soon as reasonably practicable.
5.2. In cases where a delivery week has been agreed, delivery on the last day of the delivery week stated in the order confirmation is in all respects considered to be timely delivery.
5.3. HIN may extend the delivery period in the following cases:
- In case of changes to the order as required by the buyer.
- In the event of delay in deliveries or services that the buyer performs or has carried out.
- In the event of force majeure or of the work on the delivery having to be stopped or delayed by public order.
- In the event of a delay in connection with machine deliveries, where the delay is due to the circumstances of the machine manufacturer.
In the above-mentioned cases, where delivery time is postponed, HIN also reserves the right to adjust the agreed price in accordance with the costs incurred by HIN in this connection.
5.4. HIN is not obliged to be liable for consequential losses as a result of non-delivery or possible exceeding of the delivery time.
6. Buyer's Delay in Taking Delivery
6.1. If the Buyer fails to pick up the Goods or place an order for shipment after the time of delivery has occurred, HIN is entitled store and insure the goods at the Buyer's expense.
6.2. If the Buyer, despite a written request, fails to collect the Goods, HIN is – even in cases where the Material has been specially manufactured according to the Buyer's instructions or specifications – entitled to sell it in the best possible way for at the Buyer's expense.
7. Defects
7.1. HIN's liability only covers defects that become apparent within 2 years from the day the goods was delivered.
7.2. The buyer's notice of defect / claim must be received by HIN in writing, within the deadline stated above. See further below under point 10.
7.3. HIN's obligation to remedy defects or replace defective goods (at HIN's option) covers only labour and materials directly linked to HIN's obligation. Any other costs associated with a defect incurred,
including transport, waiting time, travel expenses, lodging and costs for exposing or making defective parts available, are thus shall not be borne by HIN.
7.4. HIN's obligation regarding defects is conditional on the buyer proving that the delivered goods are defective, including documenting that the equipment has been stored, installed, used and maintained correctly and in accordance with the
compliance with the rules provided by HIN. In addition, HIN does not assume any further responsibility for the delivered equipment, which is why the buyer cannot, among other things, terminate the agreement, demand price reduction or compensation or withhold the purchase price in whole or in part.
7.5. HIN is only responsible for ensuring that what is delivered is sufficient and/or appropriate for the performance of the Buyer's tasks in terms of capacity and other respects to the extent that it is HIN that has carried out engineering calculations / sizing, etc., and in the The Buyer documents that the information provided by the Buyer regarding the Buyer's requirements is correct and complete.
7.6. Under no circumstances does HIN assume responsibility for advice, engineering calculations, design and project planning carried out by third parties.
8. Product Liability
8.1. The Buyer shall indemnify HIN to the extent that HIN is held liable to third parties for such damage and loss for which HIN is not liable to the Buyer in accordance with the above points.
8.2. HIN is not liable for damage caused by the Goods:
- on immovable or movable property which occurs while the material is in the possession of the buyer,
- on products manufactured by the buyer or on products in which they are incorporated, or for damage to real or movable property caused by these products as a result of the material.
8.3. In no event is HIN liable for business interruption losses, lost profits or other financial consequential losses.
8.4. If a third party makes a claim against one of the parties for liability under this paragraph, that party shall immediately notify the other party thereof.
9. Limitation of Liability
9.1. In no event is HIN liable for business interruption losses, lost profits or other financial consequential losses.
9.2. HIN has taken out product liability insurance. HIN's aggregate liability shall be limited and can never exceed the amount in the policy, corresponding to DKK 10,000,000.00.
10. Inspection and Notice of Defects
10.1. It is the responsibility of the buyer to carry out a thorough examination of whether the equipment is in conformity with the contract at the latest upon receipt.
10.2. The Buyer is obliged to immediately give written notice about defects that may be found during such an investigation, and the Buyer cannot later invoke defects that could be found during such an investigation.
10.3. Nor can the buyer rely on defects if the buyer fails to complain immediately about later discovered defects that the buyer has not established or should have established at the time of delivery.
10.4. The Buyer is obliged to cover HIN's costs in connection with claims to the extent that the complaint is unfounded, or there are other defects for which HIN is not liable.
11. Returns
11.1. Returns of goods when approved by HIN can be made using HIN's return form, which can be obtained by contacting HIN on +45 7625 9090 or hin@hin.dk.
11.2. Returns of stock items can only take place when they have been purchased from HIN, are in undamaged condition and in original unbroken packaging.
11.3. All shipping costs in connection with the return of goods are the responsibility of the buyer.
11.4. Items returned more than 30 days from the delivery date will not be accepted for return.
11.5. Non-stocked special-order and none-stock items items cannot be returned.
11.6. HIN is entitled to impose a restocking fee of 20% of the value of the product, however, a minimum of DKK 300.
12. Applicable law and jurisdiction
12.1. These Terms and Conditions are governed by Danish law and shall be construed accordingly.
12.2. Any dispute, controversy or claim that may arise in connection with this contract shall be attempted to be resolved through negotiation. If the parties are unable to reach an amicable solution to the dispute in this way, any of the
The parties are entitled to bring the matter before the courts of the place where HIN has its place of business, unless HIN wishes the dispute to be dealt with by arbitration.
13. Entry into force
13.1. The terms and conditions of sale and delivery shall enter into force on 1 January 2025 and apply to orders received and offers made from this point on.