Application
These sales and delivery terms and conditions apply to all agreements entered into between Kentaur A/S (hereinafter Kentaur) and the buyer, unless Kentaur has accepted another basis for agreement in writing.
Quotations, Orders & Acceptance
Unless otherwise stated, quotations are valid for 60 days from the date of the quotation.
Buyer's orders and purchases are only binding on Kentaur once the buyer has received written order confirmation.
If Kentaur's order confirmation does not correspond to the buyer's order, the buyer must complain immediately after receiving the order confirmation. Otherwise, the buyer is bound by the order confirmation.
All correspondence (order confirmation, delivery advice, invoice, etc.) will be conducted via email unless otherwise agreed.
Kentaur's Delivery
Kentaur's delivery includes only the products specified in the order confirmation, and Kentaur undertakes to deliver products of usual good quality in terms of materials and workmanship, as specified in these conditions.
Kentaur is entitled to deliver up to +/- 5% of the agreed quantity for special models and/or special raw materials.
Product information, illustrations, drawings, and technical data such as dimensions, materials, etc., in catalogs, brochures, or other advertising materials from Kentaur, are for guidance only.
All intellectual property rights, drawings, sketches, technical specifications, etc., are the property of Kentaur and may not be copied or transferred to third parties without prior written consent from Kentaur. The delivered products may not be manufactured, imitated, or transferred to third parties for this purpose either.
Delivery Condition
The place of delivery and delivery terms are specified in Kentaur's order confirmation. If the delivery terms are not specified in the order confirmation, the delivery term is Ex Works Kentaur's business address (as per Incoterms 2010).
Prices
Prices are stated in order confirmations and price lists.
Kentaur reserves the right to adjust prices with 30 days' notice in case of changes in exchange rates, material prices, production costs, labor costs, transportation costs, customs duties, or other circumstances beyond Kentaur's control (as mentioned in the "Force Majeure" events).
If the delivery is changed or Kentaur's costs are increased due to the buyer's actions, Kentaur is entitled to increase the price accordingly.
Kentaur reserves the right to correct obvious errors in price lists, quotations, and order confirmations.
Unless otherwise agreed, an expedition fee of 50 DKK per order is charged for orders under 1,500 DKK. This does not apply to orders via MyKentaur self-service.
Payment Terms
Unless otherwise agreed in writing or stated in the order confirmation, the payment terms are monthly + 14 days net from dispatch from stock.
If payment is not made on time, Kentaur is entitled to interest on the amount due from the invoice date at a rate of 1.5% per month.
The buyer is not entitled to set off any counterclaims that Kentaur has not acknowledged in writing.
Kentaur reserves the right to withhold ordered and confirmed goods if there are outstanding items that have not been paid or if the total outstanding exceeds the approved credit maximum.
Reservation of Title
Kentaur reserves ownership of the sold goods until the entire purchase price plus accrued interest, costs, etc., are paid to Kentaur.
Delay
If the delay in delivery is due to a force majeure event or the buyer's action or omission, the delivery time is extended accordingly.
In case of delay, the buyer must immediately complain in writing. Otherwise, the buyer loses any rights to default due to the delay.
In the event of delay, Kentaur can never be liable for loss of profits, loss of earnings, lost profit, or other indirect losses. Kentaur's liability for damages can also never exceed the invoice price excluding VAT for the part of the delivery that is delayed.
Creditor's Default Interest
If the buyer, after the delivery time has occurred, fails to collect/receive the products or instructs shipment, Kentaur is entitled to store and insure the performance at the buyer's expense and to send an invoice for the delivery.
If the buyer fails, despite written request, to collect the products, Kentaur - even in cases where the products are specially manufactured according to the buyer's instructions or specifications - is entitled to sell them on the best possible terms for the buyer's account. The buyer must also reimburse Kentaur for the amount representing the difference between the agreed price and the realized price to the third party, as well as all other costs incurred by Kentaur due to the buyer's default.
Defects & Complaints
The buyer must immediately inspect the delivery upon receipt to ensure that it is intact and in accordance with the agreed terms.
Kentaur must receive any complaints within 14 days of the arrival of the goods, but no later than 6 months after delivery of the goods for non-apparent defects. The complaint must be in writing and made immediately upon discovery or when it should have been discovered. Otherwise, the buyer loses any rights to default due to the defect. Complaints do not exempt the buyer from paying the purchase price at the agreed due date.
The above point also applies if the products - at the buyer's request - are sent directly to the buyer's supplier for printing, embroidery, etc. It is the buyer's responsibility to inspect the delivery with the respective supplier and before any printing, etc.
If the delivered goods are defective, Kentaur is entitled to remedy the defect by repair or replacement within a reasonable time. If the defect is remedied, the buyer cannot claim any defect rights, including proportional reduction or compensation.
Kentaur is in no case obliged to pay the buyer's possible costs for identifying defects. In case of rectification and replacement, the sold goods must be returned to Kentaur at the buyer's expense and risk.
In no event shall Kentaur be liable for loss of profits, loss of earnings, lost profit, or other indirect losses due to defects. Kentaur's liability for damages can also never exceed the invoice price excluding VAT for the part of the delivery that is defective.
Failure to comply with washing instructions stated on www.kentaur.com does not entitle to complaints.
Cancellation & Return
Standard items, which are understood to be items without logos, prints, embroidery, chips, or the like, can be returned by prior agreement within 15 working days after delivery. The condition is that the items are not wrinkled, washed, faded, or otherwise damaged, and that they are packed in original packaging such as bags.
In addition, it is a condition that the items are not discontinued from Kentaur's range.
It is also a condition that a return number is obtained from Kentaur's customer service department before dispatch, and that this return number is clearly indicated on the shipping packaging. Otherwise, a 15% deduction will be made upon credit, or the item will be returned to the buyer. Contact your sales representative at Kentaur via email or +45 75 94 11 77.
Return shipping is at the buyer's expense and risk.
Goods sent to an address in Denmark must be returned to:
Link Logistics
Att: Kentaur A/S / (the provided return number)
Vesterballevej 13
7000 Fredericia
Goods sent to an address in the rest of the world (including Norway and Sweden) must be returned to:
KENTAUR PRODUCTION SP.Z O.O.
Att: (the provided return number)
DRAWSKA 45
73-150 LO