Sales & Delivery Terms

Terms and conditions of sale and delivery

Offer and Agreement
1.1 Quotes are binding for Kolofon for 30 days from the date of the quote.
1.2 Agreement is concluded when the customer‘s acceptance is received by Kolofon. In cases where the customer does not provide explicit acceptance, the agreement shall be considered concluded when Kolofon has placed an order confirmation for a received order.

2. Price
2.1 All prices are less VAT.
2.2 All prices are given on the basis of  the current salary level, material costs and other costs applicable on  the date of submitting the quote , which is the reason why the quote in principle is only valid for 30 days, cf. item 1.1.
2.2.1 If the customer has requested Kolofon to prepare sketches, layouts, artwork, text suggestions, proofing, etc. in addition to any entries in the quote, Kolofon shall be entitled to charge a fee for this work.
2.2.2 If increases in salaries, material costs, taxes or other costs have occurred in the period until delivery, Kolofon shall be entitled to regulate the price of such documented increases.
2.2.2 If decreases in salaries, material costs, taxes or other costs have occurred in the period until delivery, the customer shall be entitled to demand the price regulated in accordance with such documented increases.
2.2.4 Prices in foreign currency are based on the currency in Danish kroner applicable on the date of quotation or order confirmation.. In case of currency fluctuations, Kolofon reserves the right to change the price accordingly.
2.3 In addition to the quoted or agreed pric, Kolofon shall be entitled to claim compensation for:
2.3.1 Additional work as a result of the base material delivered to Kolofon by the customer turns out to be incomplete, inadequate or defective, or if corrections are made in the material supplied, after work has begun.
2.3.2 Overtime or other measures agreed with the customer after conclusion of the agreement.
2.4 All prices are generally calculated without carriage. Costs of transport and transport related insurance shall be paid by the customer in addition to the agreed price.
2.5 If the customer requests Kolofon to store finished work or property which is not the property of Kolofon, and if Kolofon accepts to do so, the customer shall pay remuneration for this in addition to the agreed price.

3. Delivery
3.1 Delivery will take place at the time agreed with the customer subject to the conditions specified in item 3.2. If no such delivery time has been agreed, delivery will take place when the supplier's work is finished.
3.2 If delivery is delayed or prevented because of any of the circumstances mentioned in item 8.1 or due to the customer’s action or omission, Kolofon shall be entitled to get a corresponding extension of the delivery time or to cancel the agreement. Should an event mentioned above lead to an increase Kolofon’s expenses for the fulfillment of its delivery obligations, Kolofon shall nevertheless be bound to carry them out them if the customer declares to indemnify Kolofon upon payment of Kolofon’s estimated additional cost.

4. Payment
4.1 Unless otherwise agreed, payment shall be made within 8 days after the invoice date.
4.2 Interest shall accrue from the due date with Kolofon’s then-current interest rate which shall be the discount rate plus 1 ½% for each month or part of a month.
4.3 At Kolofon’s request, the customer shall at any time be liable to provide a bank guarantee as security for payment. If the request is made after conclusion of the agreement, Kolofon shall be obligated to indemnify the customer for any costs associated therewith.
4.4 If the customer's circumstances make it impossible to execute an agreement continuously, Kolofon shall be eligible for a partial billing.

5. Ownership, copyright, etc.
5.1 Kolofon’s sketches, layouts, artwork, text, suggestions, etc., regardless of the way these are made, and in whatever way they are stored, belong to Kolofon and should not be handed over to third parties without Kolofon’s approval.
5.2 Everything that Kolofon has provided or have had provided for the delivery, be it processes or intermediates, such as reproductions or printed media, regardless of the way these are made, and in whatever way they are stored, and tools such as punching, embossing or welding tools remain the property of Kolofon and the client cannot request these to be handed over following the completion of the work. This shall apply regardless of whether the provided material is invoiced separately.
5.3 The items covered in item 5.2 shall solely be used solely for works for the customer and will be stored only if this is mutually agreed.

6. Delay
In the event of delay, the customer shall, subject to the conditions of item 3.2, only be entitled to cancel the agreement if he upon the conclusion has clarified the importance of a timely delivery.

7. Defects
7.1 Kolofon shall not be held liable for errors which the customer has not corrected in writing during the proofing stages, including prints, digital information, proofs or similar.
7.2 Minor deviations from the approved sample or agreed specification shall not entitle the customer to claim a price reduction or to refuse receipt of the ordered items.
7.3 Kolofon shall be entitled to increase or decrease the delivery with up to 10% of the quantity ordered. In cases where paper or other material is made especially for the order by other parties than Kolofon, Kolofon shall be entitled to make a reasonable increase or decrease to the delivery beyond 10% of the quantity ordered to a maximum equivalent to the material supplier's terms of delivery.
7.4 If the delivery turns out to be defective, the customer shall be obliged to make a claim of this immediately. Failure to make a claim, or if the customer makes the claim too late - 8 days from the delivery date - the customer shall lose the right to make the claim. Kolofon shall be entitled to remedy the defect, if this is achievable within a reasonable amount of time.
7.5 If the customer provides paper or other items for the supply, Kolofon shall not be liable for errors or defects attributable to such items.

8. Liability
8.1 In case of delay and in case of defects in the delivered items, Kolofon shall not be held responsible if the delay or defect is due to defects in or damage to production equipment which is proven to have caused the delay or damage to the production, in case of labour disputes of any kind and any other circumstance beyond Kolofon's control, such as fire, water damage, natural disasters, war, mobilisation or unforeseen military drafts of corresponding extent, requisition, seizure, insurrection, civil commotion, currency restrictions, lack of transport, general scarcity of goods, restrictions on fuel, export and import bans or any other similar incident of force majeure.
8.2 Delay or deficient supplies shall be  covered by the  shall be exemption of liability covered in items 8.1 if the cause of the delay or failure to perform the task is due to one of the circumstances mentioned in item 8.1 or termination of the business.
8.3 In case of delay or in case of defects in the delivered  items, Kolofon shall not be held liable the customer's operating loss, loss of profit or other indirect losses caused by the customer's legal relationships to third parties, however cf. item 8.4.
8.4 Kolofon shall be liable in case a delivered product causes personal injury or damage to property if the item in question  in its nature  is intended for non-commercial use and primarily is used accordingly by the injured. Kolofon shall only be responsible for damage to commercial property if it is proved that the damage caused by him or his employees having made mistakes that should not have been avoided by the customer's control of the delivered products. Kolofon shall not be responsible for damage caused to the customer's or other parties' production , to products packaged / labeled with the supplied products or to items in the manufacture of which these products are included, unless it is proven that Kolofon has acted with gross negligence. Kolofon shall never be liable for loss of profits or other indirect losses. In case Kolofon on the occasion of a commercial damage is subject to a liability to third parties beyond the specified limits of liability for Kolofon, the customer shall be obligated to indemnify Kolofon including for any and all legal costs.
8.5 Kolofon shall not have any liability for the customer’s lack  of authority to  reproduce, duplicate or publish text, pictures, drawings, designs, illustrations, text, trademarks, other business logos and other trademarks, including design, or anything else that may be subject to the rights of third parties. If Kolofon incurs liability towards any third party in connection with the customer's lack of authority for use of third party rights, the customer shall indemnify Kolofon for such liability.
8.6 Kolofon has no responsibility for any loss or damage to property, such as originals, materials etc. which are not the property of Kolofon, but which have been provided by the customer for resolution of an agreed task or for storage, including storage of works which Kolofon has performed, cf. 2.5. Kolofon shall however be liable if it is demonstrated that the loss or damage is due by gross negligence on part of Kolofon or its employees. The customer shall take out any  necessary insurance of the item against damage and destruction.

9. Subcontractors
Kolofon shall be entitled to have the work be performed by subcontractors in full or in part.

10. Periodicals
With regard to magazines and other periodical publications a notice of 3 months shall apply for monthly and quarterly periodicals and 6 months for weekly and 14-day periodicals unless the customer specifies otherwise.

11. The Danish Sale of Goods Act
Danish legislation, including the Sale of Goods Act shall apply to this agreement to the extent that the legal scope is not defined in the text or these terms and conditions. Any dispute concerning the interpretation or fulfillment and enforcement the terms can only be brought before the Danish courts in accordance with Danish rules on jurisdiction.
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