The Buyer should note that KUT uses the Buyer’s customer data for continuous credit rating of the Buyer. Thus, KUT discloses the Buyer’s customer data to credit rating agencies with a view to obtaining the Buyer’s customer and credit information. 5. Property/reservation of property The property in the delivery shall remain with KUT until the total purchase price has been paid. 6. Terms of delivery The term of delivery is Ex Works, the business address of the selling KUT company, according to Incoterms 2000. 7. Time of delivery, etc. If delivery has been agreed to take place at a certain date, delivery on this date shall be considered timely. If delivery has been agreed to take place in a certain week, delivery at the end of this week shall be considered timely. KUT shall be entitled to postpone the time of delivery in the following instances: • Changes to the order which are required by the Buyer • Delayed deliveries or services the Buyer has agreed to carry out or which the Buyer has booked a third party to carry out • In case of force majeure, cf. clause 14 • If work on the delivery has to be stopped or becomes delayed due to orders of a public authority • In case of delivery failure or defective delivery from sub-suppliers, however, max. 6 weeks. If the delivery is substantially delayed, and if KUT is not entitled to postpone delivery, the Buyer shall be entitled to cancel the agreement in writing following an unsuccessful written demand for delivery to KUT, if the Buyer proves that the delay will result in an essential nuisance for him. If only a part of the sold products is delayed, the Buyer shall be entitled to cancel the agreement for the delayed part of the sold products only. If the delay concerns products manufactured in accordance with directions or specifications, or if the products are not normally carried in stock by KUT, the agreement can be cancelled only if the delay substantially invalidates the purpose of the purchase. If the Buyer can prove that the delay has been caused by errors or omissions on the part of KUT, he shall be entitled to claim damages for the loss hereby inflicted on him, however cf. clause 12. Such damages cannot exceed an amount equal to 0,5% of the agreed payment for the delayed service and/or product for each full week the delay has lasted, and the total damages can amount to no more than 7,5% of the total payment for the delayed service and/or product, unless KUT can proof that the customer suffered no damage or less damage there from. Apart from the above, KUT disclaims all other liabilities for delays or any consequences following delays. In addition, the Buyer shall have no additional remedies for breach of contract than those stated in the above. 8. Failure in accepting performance If, when the time of delivery has been reached, the Buyer does not collect the products or arrange for shipment, KUT shall be entitled to store and insure the delivery for the Buyer’s account and to issue an invoice covering the delivery. 9. Returning products KUT does not take back products from the Buyer, and products can only be returned if a separate written agreement has been made in advance. A returning fee of 15% on net sales amounts shall be charged at all times. Only standard products in intact packing shall be accepted for return. 10. Liability for defects KUT is liable for defects for 1 year counting from the product delivery date. Within this period of time, KUT shall be obligated to remedy any lack of conformity in the delivered, i.e. by means of repair or new delivery in replacement, at KUT’s discretion. KUT does not compensate for any expenses related to separation, dismantling, transportation, mounting and re-establishment. KUTs liability for defects requires the Buyer to prove that the delivered products suffer from defects that can be related to KUT, and in addition, renders probable that the products have been stored, installed, used and maintained correctly and in compliance with directions provided by KUT, or what can be considered usual. Moreover, KUT’s liability is conditional on the Buyer giving KUT immediate access to the defective parts at his own initiative, for the purpose of remedial action.
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