Terms of Sale

1. Basis of agreement
1.1. These Terms of Sale and Delivery apply to all sales made by Scan-Plast Latvia LSEZ SIA, (hereinafter referred to as Scan-Plast).
1.2. These Terms of Sale and Delivery may only be validly derogated from to the extent that there is a written and signed agreement between Scan-Plast and the customer. It is emphasised that these Terms of Sale and Delivery do not supersede the customer’s purchasing terms, if any.

2. Offers and order confirmation
2.1 Offers are valid for 2 weeks, unless otherwise stated. Final agreement is not concluded until the customer has received a written order confirmation.

3. Price lists, product descriptions, marketing material, etc.
3.1. Scan-Plast reserves the right to change its prices and specifications without notice.
3.2. Scan-Plast reserves the right to exchange/deliver the agreed goods for goods of equivalent quality and function
3.3. Specifications of the goods in relation to e.g. size, durability or the like stated in product descriptions or marketing material are approximate only, and deviations may thus occur.
3.4. Scan-Plast reserves the right to make reservations for errors in price lists, product descriptions, marketing material, etc. and is not bound by any errors

4. Place of delivery and transfer of risk
4.1. Delivery takes place from the location of choice by Scan-Plast, unless otherwise stated.
4.2. The risk of accidental destruction of the goods shall pass to the customer upon delivery.

5. Transport costs and insurance
5.1. Any costs associated with the transport of the goods, including transport insurance, from the address mentioned in clause 4.1 shall be borne by the customer and are thus of no concern to Scan-Plast.

6. Delays and force majeure
6.1. Scan-Plast attempts it’s “best effort” to make delivery at the agreed time of delivery.
6.2. If Scan-Plast’s delivery is delayed, Scan-Plast is obliged to inform the customer of the postponement of the delivery, including when delivery is expected to be completed.
6.3. Except in the case of sale of standard products, the customer is not entitled to cancel the agreement.
6.4. The customer is not entitled to claim compensation or similar in the event that any delays arise that slow down the fulfilment of the order.
6.5. Scan-Plast is not liable in the event of force majeure, transport obstacles, delay from material and/or subcontractors, industrial accidents, fire or similar events.

7. Projects and other special deliveries
7.1. Regarding the installation of systems or special deliveries, the customer is responsible for obtaining official permits and ensuring that the facilities required for the installation are available. In the event of the customer’s failure to comply with the above, the customer is obliged to pay any additional costs incurred.

The Customer acknowledges that its mould tools are never handed over from Scan-Plast.

If the delivered goods, concerning Sections 37 and 38 of the Danish Land Registration Act, are incorporated into the customer’s buildings, the customer is obliged to ensure that the retention of title in the delivered goods can be maintained even after incorporation.
7.2. For project deliveries, delivery does not take place until a satisfactory acceptance test has been carried out. The customer may not utilise the delivered goods before the acceptance test has been carried out. Scan-Plast’s liability shall be void in the event of the customer’s commissioning before the acceptance test has been held.
7.3. The customer is obliged to keep the equipment at the their site fully insured.

8. Intellectual Rights
8.1. Scan-Plast owns or has a licence to all intellectual property rights to any material and product supplied. The material and product information is confidential and may not be disclosed to third parties or used for other purposes.

9. Payment terms – Retention of title
9.1. All prices stated by Scan-Plast are in the currency specified on the invoice, exclusive of VAT and exclusive of packaging unless otherwise expressly stated.
9.2. For component sales, net cash
9.3. Project sales, 30% shall be paid upon dispatch of order confirmation, 60% upon delivery and 10% 20 days after delivery.
9.4. In the event of payment after the due date, Scan-Plast shall be entitled to claim default interest at an interest rate of 2% per month or part thereof of the amount due at any time (compound interest).
9.5. Payment can only be made in full to the bank account specified in the invoice.
9.6. Scan-Plast is entitled to effective payment, and the customer is thus not entitled to make any form of deduction or alteration of amount owed against Scan-Plast.
9.7. Scan-Plast reserves the right of ownership of the sold goods until payment has been made (retention of title).

10. Warranty and Complaints
10.1. Scan-Plast provides a 12-month warranty on its own products unless overruled by local law. In the event of a legal complaint, the customer is obliged to accept remedy within a reasonable time from Scan-Plast. Otherwise, the warranty will be void. For imported products, a warranty equivalent to that provided by the manufacturer of the product is given.
10.2. The warranty does not cover: ordinary wear and tear, frost-damage, damage caused by the customer, including the use of non-OEM parts, damage to rubber or synthetic material.

11. Product liability
11.1, It is agreed between the parties that the customer assumes liability for product liability in the internal relationship between the parties. The above includes both statutory product liability and product liability developed in accordance with case law.

12. Resale
12.1. The customer is not authorised to resell goods received from Scan-Plast without receiving a written agreement.

13. Breach of contract and liability for damages
13.1. In the event of breach of contract in the business relationship between the customer and Scan-Plast, the aggrieved party may invoke general contract law remedies for breach of contract, unless otherwise stated in these Terms of Sale and Delivery.
13.2. It is agreed between the parties that the customer is not entitled to claim compensation for indirect losses, including lost profit.

14. Applicable law and jurisdiction
14.1. Any dispute arising out of or in relation to this agreement shall be settled in accordance with applicable law.

(Updated August 2023)