Terms and conditions

Terms and conditions

Application

These terms of sale and delivery apply to all quotes and agreements regarding Wahlgreen IT’s sale and delivery of goods and services to the Customer. The terms of sale and delivery supplement any other contracts / agreements that are drawn up between the Customer and Wahlgreen IT. An agreement with Wahlgreen IT is only binding for Wahlgreen IT when this is confirmed in writing by Wahlgreen IT.

Product information, quotes and orders

Reservations are made for errors and changes in information in offers, brochures and other sales material. Any errors and changes cannot be made against Wahlgreen IT. Offers are only binding for Wahlgreen IT, if it is in writing. Orders are only binding on Wahlgreen IT when the order is accepted in the form of a written order confirmation or a signed contract. Wahlgreen IT reserves the right, without notice, to change the products in a delivery or parts thereof, if this happens without a functional disadvantage for the Customer. Wahlgreen IT makes reservations for price changes in connection with offers, as prices are always based on current day price. Wahlgreen IT also makes reservations for goods sold out as well as changed provisions from the manufacturer, rights holder or suppliers, including for changes in delivery times and warranty provisions.

Pricing

All prices quoted are in Danish kroner and exclusive of VAT. Unless otherwise agreed, the Customer pays for freight costs (freight, postage, packing, etc.). Delivery is considered to have taken place when the goods are delivered to the stated address, after which the risks of loss, breakage, damage and other risks pass to the Customer. Wahlgreen IT reserves the right, as a result of changes in exchange rates, duties, taxes, taxes etc. regarding the agreed delivery, to correct the prices according to such changes.

Fees and form of payment

Wahlgreen IT invoices the fee as agreed in the contract / contract letter. If nothing else has been agreed upon, invoices will be billed after the time spent on the applicable hourly rate, which is stated on request. If the Customer wants services provided outside normal working hours, these hours will be invoiced with a supplement of 50% on weekdays between 17:00 and 22:00 and in all other periods with a supplement of 100%. When delivering services on-site, Wahlgreen IT reserves the right to invoice for a minimum of two hours of work. In addition, transport time is invoiced to the Customer’s address according to the current price list. Remote support is billed per quarter started, per job started. Depending on the nature of the task, invoices are issued either monthly, per completed assignment or via prepaid rock card. When delivering goods, invoices are issued immediately after delivery of the goods. The due date for payment is stated on the individual invoice. Payment must be made no later than the date the invoice indicates as the last timely payment date. In the event of late payment, the reminder fee and up to 2% default interest per month commenced from the due date. The customer’s payments are depreciated first on accrued interest and costs. Then on the debt. The customer is not entitled to set off any counterclaim on Wahlgreen IT, which is not acknowledged in writing by Wahlgreen IT, and has no right to withhold any part of the purchase price due to counterclaims of any kind. If delivery is postponed due to the Customer’s circumstances of any kind, the Customer is obliged to pay to Wahlgreen IT as if delivery had taken place at the agreed time. However, Wahlgreen IT may, by written notice, deviate from this. In the event of non-payment after the due date, Wahlgreen IT reserves the right to withhold further deliveries or parts thereof and / or to terminate the agreement. In the event of non-payment, this may result in additional recovery costs for the Customer. Wahlgreen IT reserves the ownership of all goods delivered until the entire purchase price has been paid.

Return

The customer does not have the right to cancel. In special cases, Wahlgreen IT takes goods back, but only after prior written agreement, and if the following conditions are met:

  1. Return consignments must be in unbroken and undamaged original packaging, indicating the original invoice number and date and the authorization number for return shipment (RMA no.).
  2. Wahlgreen IT reserves the right to deduct a return fee of up to 20% of the invoice value when crediting.

Defects and complaints

Upon delivery, the Customer must immediately carry out such an investigation of the goods sold as proper business use. If the Customer wishes to claim a defect, the Customer must promptly notify Wahlgreen IT in writing, stating where the defect exists. If the Customer has discovered or should have discovered the defect and does not advertise as stated, the Customer may not later claim the defect. Wahlgreen IT can freely choose to remedy the defect or replace it. Changes or interventions in the purchased without written consent exempt Wahlgreen IT from any obligation. If Wahlgreen IT so requests, the Customer must return the allegedly defective item in its original packaging immediately after the complaint, for the Customer’s account and risk. If Wahlgreen IT has undertaken to provide service through a separate agreement on this, the service obligation covers only the products sold. Wahlgreen IT reserves the right to test goods that are allegedly defective. If the item is found OK after the test, it must be expected that the goods will be returned, with a bill for work done. Only after testing will Wahlgreen IT make any exchange / crediting possible.

Scope, entry into force, amendment and termination of agreements

The contract / contract letter is valid from the date on which the signatures are available. Oral agreements are valid from the moment the agreement is concluded.

Agreements without the conclusion of a separate contract / contract letter apply from Wahlgreen IT has received and accepted the Customer’s order.

Wahlgreen IT delivers the goods and services specified in the offer, order confirmation and contract. In addition, Wahlgreen IT has no obligations to the Customer. Wahlgreen IT can change these conditions, including prices, with 3 months’ notice. In that case, the Customer is entitled to terminate the agreement within 8 days after receipt of notification of changed contract terms until the same date that Wahlgreen IT has notified changes to the agreement to.

Wahlgreen IT can notify changes via e-mail to the e-mail address provided by the Customer at the conclusion of the agreement. Any dismissal must be specific and justified in writing for both parties.

Both parties are obliged to immediately notify the other party in writing if there is a breach of an agreement concluded. If the breach is not terminated within 14 days, the defaulting party is then entitled to terminate the contract.

Confidentiality

The Parties are mutually obliged to treat all information and materials of the other Party in a confidential, reasonable and responsible manner. The duty of confidentiality also applies after the delivery of services and termination of the contract.

Commitments (at the completion of the task)

The parties are mutually obliged under the contract.

Wahlgreen IT handles, executes and delivers the agreed goods, service, support, operation, hosting and consulting services in accordance with the terms of the contract and other contract terms.

The parties undertake to cooperate throughout the process with a positive, professional and responsible attitude and make a very significant effort to achieve the best possible result. The parties must show the flexibility that must be considered reasonable and customary when solving similar IT tasks.

The parties shall inform each other on an ongoing basis of any matter which is deemed to have significance for the implementation of an appropriate contractual process.

Rights

Materials that the Customer has provided to Wahlgreen IT are returned or destroyed when the delivery of services has ceased or the contract ceases. The customer agrees that Wahlgreen IT can store information / knowledge about the Customer and use this information in connection with the further development of Wahlgreen IT’s own products, etc. The customer agrees that Wahlgreen IT may use the delivery / Customer as a reference for marketing purposes. Both parties are obliged not to take the initiative to hire or negotiate the employment of the other party’s employees.

Privacy

If Wahlgreen IT is given access to personal data for which the Customer is responsible for data, Wahlgreen IT in the role of data processor must comply with requirements and legislation for processing personal data. Wahlgreen IT only processes personal data that the Customer discloses to Wahlgreen IT. Wahlgreen IT’s processing of the Customer’s personal data is described in a separate data processing agreement signed by Wahlgreen IT and the Customer.

Responsibilities

Wahlgreen IT disclaims any liability for third party products and services. Complaints, rights and responsibilities regarding such matters can only be invoked against third parties. (Third party means a natural / legal person who is the contractual basis and the parties involved in it. Any subcontractors who are used by Wahlgreen IT as part of the provision of services are not considered third parties).

The customer agrees that in standard software errors and inconveniences may occur that are outside of Wahlgreen IT’s control and that Wahlgreen IT cannot guarantee remediation of such errors. The parties are liable for compensation in accordance with the general rules of Danish law. However, the parties are not liable for operating losses, loss of data loss, data regeneration, virus damage, loss of goodwill or other indirect losses. Wahlgreen IT is without responsibility for delays or deficiencies due to remediation or replacement or attempting to do so. Wahlgreen IT is responsible if the following conditions prevent fulfillment of the purchase or make fulfillment unreasonably burdensome. Work conflict or other circumstance that the parties are not masters of, such as fire, war, mobilization or the like, seizure, currency restrictions, rebellion and disturbances, lack of means of transport, general shortage of goods, restrictions on driving power and deficiencies or delays of subcontracted supplies due to any of the circumstances or circumstances mentioned in this paragraph, which have substantially impeded Wahlgreen IT’s compliance with the agreement. The liability for damages amounts to a maximum of 30 per cent of the total value of the delivery – however a maximum of DKK 30,000. Unless otherwise provided by Danish law’s mandatory rules on product liability, the following restrictions apply: Wahlgreen IT is only liable for damage caused by a product or service provided by Wahlgreen IT to the extent that it can be proved that the damage is due to its fault or neglect .

Dispute settlement procedure

Disputes are settled by the ordinary courts after the parties have tried to resolve the case amicably.

Equipment Configuration

Wahlgreen IT offers configuration of the Customer’s equipment in accordance with the manufacturer’s guidelines. Configuration services that are performed according to the Customer’s instructions or specifications and which do not comply with the manufacturer’s guidelines, are performed solely on the Customer’s responsibility and thus without any warranty. Wahlgreen IT does not bear responsibility for equipment purchased from and / or configured by another party.

Transfer of rights and obligations

Wahlgreen IT is entitled to assign all rights and obligations under the agreement to third parties.

Exemptions

The above sales and delivery terms can only be waived by the parties in written agreement in writing.

Definitions

Working day: Monday to Friday, except for public holidays, Christmas Eve and New Year’s Eve.

Day: Calendar day

Normal working hours: Working days between 8.00 and 17.00

On-site: Tasks that are solved by attendance at the customer.

Support: Support and assistance to the Customer’s use of existing IT systems, including help and guidance for the use of the system, rectification of system errors and minor changes such as user account creation.

Remote support: Support done over the Internet, without attendance at Customer’s address.

Replacement: The product is exchanged with the corresponding item and number received, which is returned.

Consultant work: Consulting, major changes in the Customer’s systems, implementation of new solutions at the customer.

Operation: Continuous monitoring and maintenance of Customer’s systems.