In these conditions of trading "The customer" means the customer to whom Convena Distribution A/S agrees to supply goods. "Goods" means any equipment or services supplied by Convena Distribution A/S. These terms and conditions shall apply to all contracts entered into between Convena Distribution A/S and the customer unless agreed to the contrary in writing by a director of Convena Distribution A/S.
All orders are subject to the availability of goods and to written acceptance (“order confirmation”) by Convena Distribution A/S. Any prior indications by Convena Distribution A/S for example verbally or by e-mail shall be provisional only.
Catalogues, price lists, videos and other advertising or promotional material are intended to provide an indication only as to the price range and dimensions of goods offered by Convena Distribution A/S and any variations thereto shall not give rise to any claim against Convena Distribution A/S. Convena Distribution A/S reserves the right to pass on to the customer any increase in the costs connected with providing or delivering the goods that occur between the date of any quotation and the date of delivery.
All prices do not include VAT unless Convena Distribution A/S in writing has specified this.
The customer recognizes that Convena Distribution A/S is a distributor of goods. Although Convena Distribution A/S will try to notify the customer of any variations of which it is aware the customer accepts that Convena Distribution A/S cannot be accountable for the consequences of any variations made by the manufacturer or as a result of a shortage of supplies.
In accordance with trade practice, many manufacturers or suppliers of computer software products and similar goods retain title to the copyright and other intellectual property rights. Convena Distribution A/S only transfers such titles as it may have, and no warranties expressed or implied are given as to whether or not the intended use is permitted by the owner of such rights.
Convena Distribution A/S shall not be liable for any loss whatsoever suffered by the customer in the event of cancellation of the agreement to supply goods if the supply of the goods would be illegal, contrary to the manufacturers conditions of sales or the agreement is impossible for Convena Distribution A/S to perform for whatever reason. Convena Distribution A/S shall not be liable for any loss or claim, which is the result of the manufacturers shortage of the ordered goods or the manufacturers denial to deliver goods to Convena Distribution A/S.
If the goods, which have been ordered, are ex-stock, Convena Distribution A/S is entitled to cancel the order if Convena Distribution A/S’s purchase price exceeds Convena Distribution A/S’s selling price. Convena Distribution A/S is also entitled to cancel the order if the goods are discontinued. Convena Distribution A/S shall not be liable for any direct or indirect loss or claim if Convena Distribution A/S cancels the order, based on price increases, as mentioned or if the goods are discontinued.
In the event that the customer is declared insolvent or compounds with its creditors or has distress levied against its goods or assets, or in the case of a limited company compounds with its creditors, or has distress levied against its goods or assets or is wound up or has a receiver appointed for whatsoever reason, Convena Distribution A/S shall have the right to suspend deliveries until payment has been made for goods already supplied and for all outstanding orders. Convena Distribution A/S can also suspend and withhold deliveries, if Convena Distribution A/S has other reason to believe that the customer may not pay for the goods, for example if the customer has not paid for other deliveries from Convena Distribution A/S or other suppliers.
The customer recognizes that Convena Distribution A/S is not the manufacturer of the goods supplied. Convena Distribution A/S will pass on to the customer all (if any) unexpired warranties it receives from the manufacturer(s) provided that Convena Distribution A/S has the right to transfer such warranties to the customer. Convena Distribution A/S shall not be liable for any indirect loss, including loss on operations, interruption of business or operations, loss of profits or revenue, time costs, related costs/expenses, any claims from a third party (for example claims regarding loss of profits or revenue from the customers buyers), etc., as a result of a notice of non-conformity, defects, delay, non-deliverance etc. Any claim made by the Customer in relation to the order or claims derived from the delivery agreement, including claims relating to defects, non-conformity, non-deliverance or delay, etc., shall not exceed the purchase price of the goods.
This clause also applies to Convena Distribution A/S’s product liability (article 12).
With respect to product liability, the limitation of liability in article 11 and below applies except where anything else follows under compulsory Danish law.
Convena Distribution A/S is only liable for personal injury caused by the delivered products if it is documented that the injury is a result of Convena Distribution A/S negligence or by negligence from others for whom Convena Distribution A/S is responsible for. Convena Distribution A/S is not responsible for any incorrect use of the products.
Convena Distribution A/S is not responsible for injury on any item of moveable nor immovable property. Convena Distribution A/S is similarly not liable for any indirect loss, including, but not limited to, loss of operations, interruption of operations, loss of profits, related costs/expenses etc. as a result of damage/injury caused by the delivered product.
If Convena Distribution A/S becomes subject to product liability towards a third party, the customer is obliged to indemnify Convena Distribution A/S to the same extent, as Convena Distribution A/S liability is limited under this section.
All goods shall be deemed accepted unless rejected within 7 days of delivery or collection of the goods. Notice of rejection must be delivered in writing to Convena Distribution A/S giving detailed reasons for rejection. No compensation, credit, or right of set-off shall be given by Convena Distribution A/S until the same has been received by Convena Distribution A/S from the manufacturer, supplier or insurer.
The following conditions apply for goods, which have been delivered in accordance with the order and without defects etc.:If the Customer wants to return goods, the customer must send Convena Distribution A/S’s RMA-form (return material authorization) to Convena Distribution A/S. Convena Distribution A/S has no obligation to accept the customers application and wish to return goods. In some cases, Convena Distribution A/S may, based on an individual assessment, accept the customers wish to return goods on the condition that the customer pays 15% of the purchase price and all costs connected with freight and delivery of the goods to Convena Distribution A/S's stock (Industriholmen 51, 2650 Hvidovre).
If and to the extent that any provision or any part of Convena Distribution A/S's standard trading conditions are illegal, void, or unenforceable for any reason, then such provisions or part, therefore (as the case may be) shall be deemed to be severable from the remaining provisions or parts of the relevant provisions, as the case may be all, of which remaining provisions shall remain in full force and effect.
All contracts shall be deemed to have been made in Denmark and shall be governed in all respect only by Danish law. All disputes, claims, differences or questions at any time aris-ing from or related to the customers purchases and orders or related to the business relations between the parties shall be determined, judged, and decided in accordance with Danish law by the Danish Courts to whose jurisdiction Convena Distribution A/S and the Customer hereby submit. Venue for all disputes is the Companies venue in Copenhagen. Convena Distribution A/S shall, however, also be entitled, at Convena Distribution A/S’s sole discretion, to let the courts at the customer’s venue decide and judge any dispute or claim between the parties.
All products are delivered with the guarantees offered by the manufacturer to Convena Distribution A/S. The customer may not rely on any additional product warranty to Convena Distribution A/S. Specific warranty terms are provided under the respective brand, which can be found here.