Terms of sale and delivery
Valid for cooperation with Lene Bjerre Design A/S (LBD) - unless otherwise agreed in writing.
These sales and delivery terms are valid for all offers, sales and deliveries between Lene Bjerre Design A/S (LBD) and the purchaser unless otherwise agreed in writing. Reservations are made regarding print errors and price changes
2. Accept of offers and orders
Orders from the purchaser pursuant to a prior offer from Lene Bjerre Design A/S are binding upon the purchaser when received by Lene Bjerre Design A/S and upon Lene Bjerre Design A/S when accepted by a notice of confirmation to the purchaser. Any order accepted by Lene Bjerre Design A/S shall be subject to force majeure, inadequate sales of the design ordered and subsuppliers’ failure to deliver materials for production. The customer is entitled to cancel any order within 8 days of the date of the order. Lene Bjerre Design A/S is entitled to reject any order in case satisfactory credit information about the customer cannot be obtained. Minimum order for new UK customers: GBP 1,000.- carriage paid. Eire & Other European countries: EUR 1,000.00 – All other countries: please make a query to our sales department.
3. Terms of delivery
ICC’s Incoterms 2010 is used for delivery terms – all prices are ex. freight cost. Preferred delivery terms are DAT, DAP or EXW. EXW orders will be added EXW fee of EUR 150,-. UK orders at the value of min. GBP 950,- are carriage paid – except to the UK Islands - will be added our forwarder’s current freight charges. EIRE orders at the value of EUR 1,500.00 are Carriage Paid. Freight costs will be calculated at UK 8% / Ireland 11% / Italy 11%/Finland 14% /Sweden 7% / Spain 15% / Portugal 17% / Benelux 9% of the order amount, however min. GBP 15.00/ EUR 20.00. Please note: Shop furniture and items marked with ”Special freight” are not included in the minimum order size. Will be added our forwarder’s current freight charges. Lene Bjerre Design A/S is entitled to execute orders as part delivery at the freight expense of the purchaser. Lene Bjerre Design A/S has no liability for delays attributable to circumstances construed as being force majeure situations, in which case the date of delivery shall be postponed for the duration of any circumstances preventing delivery. Lene Bjerre Design A/S shall not be liable for any consequential damages or losses, indirect damages or losses, loss of business profits and the like. Lene Bjerre Design A/S shall also be entitled, at its option, to either postpone the delivery of an order or to cancel an order if the customer fails to make payments for the goods previously delivered. This does not entitle the customer to cancel present orders. If any visible damage to the shipment upon arrival make sure to note this on the waybill before the driver leaves. For easier handling of the claim, please take photos of the damaged pallets/parcels at receipt and before unpacking, and keep a copy of the freight letter. Damaged goods must be claimed by email towards Lene Bjerre within 8 days.
PL, CZ & the Baltic countries
Deliveries at the value of € 6.500,00 are Carriage paid. Freight costs will be calculated at 11% of the invoice amount. However min. € 30.00. For countries not mentioned at the above terms, freight cost for DAT or DAP delivery will be calculated and advised for customers confirmation before shipment of order.
Any prices quoted shall be subject to changes in customs duties and excise taxes of any kind, and sudden exchange rate fluctuations. In case Lene Bjerre Design A/S intends to invoke any such change, Lene Bjerre Design A/S shall inform the customer thereof forthwith.
The deliveries are based on prepayment. Payment to LDB by bank transfer is for the purchaser’s account. When agreed in writing the terms of payment of the purchase sum shall be 30 days net as from the date of the invoice to LBD. Interest shall automatically be charged on overdue ac-counts at the rate of 2% per commenced period of a month from the due date. If the purchase sum is paid after Lene Bjerre Design A/S has taken steps to recover the claims through the courts, the purchase shall pay all incidental costs. COD payment term, cost of EUR 75,00 will be added per invoice. Backorders with COD term below EUR 300,00 will not be sent.
The property of the goods delivered shall remain in Lene Bjerre Design A/S until payment in full has been effected. Notwithstanding delivery and the passing of risk, property in and title to the goods shall remain with the seller until the seller has received payment of the full price of (a) all goods and/or services the subject of the Contract and (b) all other goods and/ or services supplied by the seller to the buyer under any contract whatsoever. Payment of the full price shall include, without limitation, the amount of any interest or other sums payable under the terms of this and all other contracts between the seller and the buyer.
Lene Bjerre Design A/S is the owner of all design rights and intellectual property rights to the products sold. These rights remain in Lene Bjerre Design A/S irrespective of any sale of products
8.1: Lene Bjerre Design A/S endeavours at any time to secure, that the goods supplied are in accordance with the company qualification standards and specifications within the limit of an allowed tolerance of +/- 2 – 5 % on each article. If any part of the goods under proper use proves defective by reason of faulty or inadequate materials or workmanship within 12 calendar months of delivery, Lene Bjerre Design A/S undertakes after own choice:
- to change the goods by delivering a new article to the purchaser
- to repair the article
- to issue a credit note for the defective article against the return of this
- to grant a price reduction after a further agreement
8.2: Complaints about transport damages shall be made in writing within 6 days of receipt of the goods at the latest, stating a precise description of nature of the error or defect. Complaints concerning part deliveries shall not entitle the customers to cancel the remainder of the order.
8.3: Complaints shall be sent by email with photos showing the defect, and subject to
acceptance by Lene Bjerre Design A/S before any goods are returned. Copy of a Return Note received from Lene Bjerre Design A/S must be included with the return goods and the carton(s) must be clearly marked with the Return Note Number and purchasers name and address. Return shipments are at the cost of the purchaser.
8.4: Lene Bjerre Design A/S shall not be liable for any consequential damages or losses, indirect damages or losses, loss of business profits and the like.
9. Product liability
9.1: Lene Bjerre Design A/S is subject to the Danish legislation on products liability (based on the European Community’s Products Liability Directive of 25 July 1985) and assumes no liability for personal injury or property damages in excess of that legislation.
9.2: Lene Bjerre Design A/S shall not be liable for any consequential damages or losses, indirect damages or losses, loss of business profits and the like.
9.3: The products liability shall at all times be limited to the sums covered by the products liability insurance of Lene Bjerre Design A/S.
10. Sales address
Unless agreed in writing by Lene Bjerre Design A/S the goods shall only be sold from the business address stated on the order.
11. Venue and law
Any dispute shall be settled by the Maritime and Commercial Court of Copenhagen (Sø- og Handelsretten) in accordance with Danish law