Offers are binding 8 days from the date of the offer unless otherwise stated in the offer. In case of orders for larger or smaller quantities than offered Tierra Products has the right to change prices and delivery time. Agreement about delivery is only valid when a written order has been received.
Data specified in product information and similar documents are only binding to the extent that the agreement specifically refers to these. Products are delivered according to valid data sheets.
Delivery clauses are interpreted according to the INCOTERMS applying at any time. Unless otherwise agreed the order is sold ex works. If the parties have agreed upon a span of time where delivery can take place instead of an exact delivery date, this is calculated from the date of the agreement. Complaints regarding damage/deficit during transport have to be made directly from the purchaser to the forwarding company.
In case of delivery delays due to reasons for which the Purchaser is responsible, the delivery time is prolonged to a reasonable extent. This stipulation applies no matter if the reason for the delay occurs before or after the agreed delivery time. Information about the length of the delay is made in writing. If Tierra Products do not deliver the products within the delivery time agreed or within the prolonged delivery time mentioned above, the Purchaser has the right in writing to set a reasonable closing date for delivery and thus state that the Purchaser intends to cancel the agreement if delivery does not take place within this time limit. If delivery has not taken place within this final time limit, the Purchaser has the right in writing to Tierra Products to cancel the agreement as regards not delivered products.
Product prices do not include VAT or any other fees. The Purchaser is obliged until delivery to accept changes in the price due to documented increased costs for Tierra Products as a consequence of changes in the rate of exchange, customs duties, taxes, fees etc. regarding the delivery.
Tierra Products only have the responsibility for the product quality and other properties according to what has been defined in the agreement and informed by Tierra Products explicitly with a view to the purchase. Product wording, instructions, technical specifications and consultancy have been given according to our best conviction, and Tierra Products cannot be made responsible for defects or expenses due to use, storage etc. of the product. Information about defects of the products has to be made in writing and without unfounded delay from the date the Purchaser has or should have discovered the defect, however at the latest within 8 days from delivery date. In case of defects which the Purchaser should have discovered at receipt, the Purchaser must inform Tierra Products about the defect immediately after receipt. If the Purchaser does not inform about things mentioned in this paragraph, the Purchaser loses his right for replacement.
Products can only be returned after written agreement.
For product liability the rules according to Danish law apply. To the extent that nothing else follows from invariable rules, Tierra Products ApS is not responsible for operating loss, loss of profit or other indirect loss.
Tierra Products ApS is free from responsibility in the following circumstances if they occur after the agreement has been entered and prevent its fulfilment: strike and any other circumstances beyond the control of the parties such as fire, war, mobilisation or unforeseen call up for the army of similar extent, requests, confiscation, foreign exchange restrictions, uprising and unrest, shortage of means of transport, scarcity of goods, restrictions of power and delay or omission of deliveries from sub suppliers which is due to such freedom of responsibility. Circumstances occurred before entering the agreement only lead to freedom of responsibility if their influence on the fulfilment of the agreement could not have been foreseen at that time.
Dispute regarding this agreement shall be settled according to Danish law and treated by a court of arbitration according to the law about arbitration