ProTruck A/S
General Terms and Conditions of Sale and Delivery
The following Terms and Conditions apply to all orders and deliveries made or arranged by ProTruck A/S, unless otherwise agreed in writing with the Buyer.
1 Offer
The offer is valid for thirty (30) days from the date of the offer, but is subject to prior sale.
2 Sales Prices
All prices stated in offers, order confirmations, and purchase agreements are current prices, based on exchange rates, customs duties, and taxes (including import and export duties) applicable on the date of the offer or order confirmation, and are exclusive of value-added tax. The prices are furthermore stated on the basis of the current prices of ProTruck A/S’s suppliers and subcontractors. ProTruck A/S reserves the right to adjust the stated prices to reflect any changes in the above-mentioned factors occurring prior to delivery, cf. section 6.
3 Trade-in Prices
If ProTruck A/S accepts used equipment as a trade-in, the Buer bears all risk until the trade-in item is handed over to ProTruck A/S. All trade-in prices are determined on the condition that the trade-in item is properly maintained and inspected until it is handed over to ProTruck A/S.
4 Orders
Only order confirmations or purchase agreements approved by the management board of ProTruck A/S are binding on ProTruck A/S.
5 Delivery Reservation
In the event of a strike, lockout, or other work stoppage affecting ProTruck A/S or the operations of any of its suppliers or subcontractors necessary for the fulfilment of the order, or in the event of war, blockade, quarantine, breakdown, traffic disruption, including ice conditions, fire, or other unforeseen circumstances that prevent or substantially hinder the execution of an order or the transportation of goods to the agreed location, delivery will be postponed without liability for ProTruck A/S for as long as the impediment persists. ProTruck A/S reserves the right to cancel the order without liability in the event of supplier failure or the circumstances described above.
6 Delivery
Delivery times are calculated from the date the final order is received and all information required for the execution of the delivery has been provided to ProTruck A/S. Delivery is made ex works ProTruck A/S’s premises in Denmark (excluding the Faroe Islands and Greenland). ProTruck A/S assumes no liability for any loss or damage resulting from delays in delivery.
7 Payment
Unless otherwise agreed, payment is due upon delivery. If the Buyer is unable to take delivery at the agreed time, the purchase price remains due once the delivery is ready for dispatch. In the event of non-payment, ProTruck A/S is entitled to terminate the Agreement without notice and claim compensation for its loss.
8 Interest on Late Payment
Interest of 1.5% per month is applied on payments made after the due date/delivery date, or agreed “final payment date,” calculated from the due date/delivery date until payment is made.
9 Cash Sale
As stated in section 7, delivery is conditional on cash payment upon delivery. An agreement under which payment is deemed timely if full payment is made within a short period after delivery (the final payment date) does not constitute a credit agreement.
10 Retention of Title
ProTruck A/S retains title to the goods, and ownership of the goods remains with ProTruck A/S until the full purchase price, including any accrued interest and costs, has been paid. Until full payment is made, the Buyer is not entitled to rent, pledge, or otherwise dispose of the goods. If the purchase price is not paid on time, ProTruck A/S is entitled to repossess the goods through the enforcement authorities.
11 Set-off
The Buyer is not entitled to set off any claims not acknowledged by ProTruck A/S.
12 Defects and Complaints
1 Upon delivery, the Buyer must immediately inspect the delivered goods.
2 Complaints about visible defects must be made in writing to ProTruck A/S no later than the third (3rd) working day following delivery.
3 At ProTruck A/S's discretion, any defects in the delivered goods will be remedied by repair or rectified by replacement delivery. The order cannot be cancelled due to defects.
4 Any modification or interference by the Buyer with the goods without prior written consent from ProTruck A/S releases ProTruck A/S from any obligation.
13 Limitation of Liability and Product Liability
1 The Buyer’s claim for compensation against ProTruck A/S cannot exceed the invoice amount of the goods sold.
2 ProTruck A/S is not liable for operating losses, loss of profit or other indirect losses in connection with the order, including indirect losses arising as a result of delays or defects in the goods sold.
3 ProTruck is only subject to product liability where applicable law, including the Danish Product Liability Act, requires such liability.
14 Returns
Goods will only be accepted for return following prior written agreement.
15 Assignment of Rights and Obligations
ProTruck A/S is entitled to assign all rights and obligations under an agreement with the Buyer to a third party.
16 Processing of Personal Data
1. As part of the customer relationship, ProTruck processes certain personal data about the Buyer for customer administration purposes, including, but not limited to, the delivery of ordered goods or services, invoicing, marketing, and other matters. Processing is carried out in accordance with applicable data protection legislation, in particular the General Data Protection Regulation and the Data Protection Act and is handled confidentially and securely.
2. ProTruck's "Privacy Policy", which contains information on ProTruck A/S's processing of personal data, including the Buyer's rights in relation to this, is available at our website www.protruck.dk and can be read here: http://www.protruck.dk/firma/om-protruck/privatlivspolitik
3. By entering into an Agreement with ProTruck and accepting these Terms and Conditions, the Buyer declares having read and understood ProTruck's privacy policy.
17 EU Data Act
The Buyer acknowledges and accepts the information, data annex and terms related to the EU Data Act (EU 2023/2854) applicable from time to time, available on ProTruck A/S’s website under “Useful Links” (Terms of Sale). The material can be accessed directly via the following link: https://protruck.dk/eu-data-act/ The Buyer further acknowledges that such information and annexes may be updated from time to time by ProTruck A/S and its suppliers, and that it is the Buyer’s responsibility to stay informed of any such updates.
18 Jurisdiction and Applicable Law
Any claims arising from or in connection with an agreement between ProTruck A/S and the Buyer may only be brought before the courts in the jurisdiction where ProTruck A/S has its principal place of business. Danish law applies.
