In these terms of sale and delivery, the following shall refer to:

Bevo: Bevo Nordic A/S, Pakhusgården 54 St, 5000 Odense C, CRN: 33377835, telephone: 66192545, website: www.bevo.com/en-fi, email address: info@bevo.dk

Consumer: Person acting outside their profession who enters into an agreement with a business, which enters into the agreement as part of their profession.

Day: Calendar day

Orderer/client: The person who placed the order with Bevo.

Distance selling agreement: Agreement about goods and services, the contract for which is concluded through the use of communication that takes place without the consumer and the business meeting in person and which is concluded as part of distance selling operated by Bevo.

Unless otherwise agreed, these terms of sale and delivery apply to all offers, estimates, deliveries and delivery agreements concerning the sale of products from Bevo to the client. The terms of sale and delivery can be found at www.bevo.com/en-fi/terms-and-conditions. In case of a conflict between the terms of contract drawn up by Bevo and these terms of sale and delivery, the contract terms shall prevail.

If it is relevant to the use of the products from Bevo, the client is obligated to comply fully with the installation instructions received from Bevo and/or to instruct the client’s technician to comply with these or, if the client does not use a technician for the installation, to obligate the final technician to comply with the installation instructions.

The client is obligated to comply with the user instructions received from Bevo and/or obligate the consumer to comply with the user instructions.

Liability for failing to comply fully with the installation instructions and user instructions rests solely with the client.

Unless otherwise indicated, all quotes are non-binding for Bevo and can be withdrawn by Bevo within two working days of the client accepting them. Reservations and validity period are specified in the quote. If the validity period is not indicated, the quote is valid for 31 days.

Bevo’s quotation may include drawings, models, samples, descriptions, pictures and dimensions, as well as any supporting documents and other documents re. the quote. Obvious errors and omissions in the quote are not binding on Bevo. Unless otherwise agreed, Bevo reserves the copyright and other intellectual property rights for designs, sketches, pictures, drawings, models, digital files in quotes provided by Bevo. These rights remain Bevo’s property and may not be copied, presented to unauthorised third parties or otherwise used without the express agreement of Bevo. On request, the client is obligated to return any sketches, etc. Bevo is entitled to charge a fee of DKK 1,300.00 per day if this obligation to return is ignored. The models shown are only provided as being approximately equal to the finished models. By agreement, Bevo will make the desired changes, etc. to the models, providing the finished product meets regulatory requirements. Bevo reserves the right to charge the client for the extra costs associated with the changes.

An agreement is only concluded with Bevo when Bevo has accepted a written, received order. An agreement is considered concluded when Bevo sends an order confirmation. An agreement is also considered to be concluded when Bevo actually begins the delivery of the order.

If the client has accepted Bevo’s quote electronically, Bevo will immediately confirm receipt of the acceptance of the quote electronically as well. As long as Bevo has not confirmed receipt of acceptance, the client is entitled to cancel the agreement.

The order confirmation sent by Bevo to the client is expected to completely and accurately reflect the content of the agreement. The order confirmation shall be considered accepted by the client unless, within two days of its receipt, the client states that it cannot be accepted.

Any additional agreements and/or liabilities incurred by employees on behalf of Bevo, in Bevo’s name or by other persons, including agents acting on behalf of Bevo, only bind Bevo if they have been approved by a person authorised to sign for Bevo.

Within 14 days, the consumer is entitled to exercise their right of cancellation. This period runs from the day on which the consumer, or the consumer's representative, receives the goods.

However, clause 1 shall not apply to:

Within the term of cancellation, the consumer undertakes to store and handle the product and packaging carefully. The consumer is only entitled to damage the packaging to the extent this is necessary to decide whether the consumer wishes to keep the product. If the consumer wishes to exercise the right of cancellation, the consumer is required to return the product to Bevo, with its accessories and in its original condition and packaging, in accordance with instructions received from Bevo.

If the consumer exercises their right of cancellation as mentioned in clause 1, the consumer shall pay the cost of returning the item. If the consumer has already paid any amount, Bevo shall reimburse this amount as soon as possible but no later than 14 days from when Bevo receives notification that the consumer wishes to invoke their right of cancellation, although not before the goods have been returned. If Bevo is responsible for the return, Bevo will deduct the cost of the return.

All prices are excl. VAT and, unless otherwise agreed in writing, excl. packaging, transportation and other costs.

The prices mentioned in quotations, contracts and order confirmations are based on information available at the time of signing of the agreement, e.g. cost factors such as exchange rates, subcontractor prices, prices of raw materials, labour and transport costs, insurance premiums, taxes, import duties and other public levies.

If, after conclusion of the agreement, but before delivery, a price increase occurs for the cost factors mentioned under clause 2, Bevo is entitled to increase its prices to the client correspondingly. Bevo is also entitled to terminate the agreement in whole or in part. The client has the right to terminate the agreement on the day on which the price increase takes effect.

As long as Bevo has not been provided with all the information necessary to execute the agreement, the delivery date is postponed.

The delivery times specified by Bevo are indicative and are not binding on Bevo. Delivery time is determined based on the absence of obstacles to the delivery of the goods. If the delivery is postponed, Bevo will inform the client accordingly as soon as possible. Should the delivery date be exceeded for reasons not attributable to Bevo, this does not entitle the client to cancel the agreement and/or claim compensation. In cases where a fine or the like is specifically stipulated in the individual contract pertaining to postponement of the delivery date, such a provision shall not apply in cases of force majeure.

Delivery is done DAP from Bevo’s warehouse, unless otherwise expressly agreed.

If it is agreed that Bevo shall be responsible for the transportation of the goods, the risk for the goods is transferred to the client when the goods are unloaded at the destination specified by the client.

Bevo delivers piece goods as stated in the description or on the invoice.

If the delivery is carried out in partial deliveries, Bevo is entitled to consider each delivery a separate transaction.

The client is required to receive the agreed products at the agreed delivery time. Should the client fail to receive the products, Bevo is entitled to claim payment from the client for the products concerned. If the client still fails to pay the purchase price, the products are considered to be delivered. Bevo will then store the products at the client's risk and expense. If no delivery time has been agreed, the above provisions also apply if the products are not received within one month of Bevo’s demand.

Bevo delivers additional warranty provisions relating to the products in written form with the installation instructions and user instruction, as mentioned under clause 3. The client is required to make the consumer aware of these warranty provisions etc. which have been received from Bevo or, if the client does not deliver directly to the consumer, to make the client/recipient aware of the warranty provisions.

Warranty provisions cannot be invoked in the following situations:

Immediately after delivery, the client is obligated to check the products for defects and, in case of defects, immediately (i.e. within 14 days from when the defect is detected) inform Bevo thereof. This must be done in a registered letter or in a similar, safe manner, along with photo documentation and a precise description of the defect as well as an indication of the order and/or invoice number. If the client does not immediately inform Bevo about defects which can be found during a thorough examination, the client is regarded as having accepted the products as delivered with forfeiture of all objections to defects.

The client is responsible for having provided Bevo with correct and complete information and is responsible for the data sent to Bevo. The client accepts minor changes to the products provided by Bevo in relation to the data, dimensions and colour accuracy transferred to Bevo and mentioned in quotes or what is considered part of the quotes under clause 3. The products delivered by Bevo may differ from the description without this being considered a defect if it only concerns minor deviations in size, quantity or minor changes, all as determined by Bevo.

A deviation cannot be considered a defect, if:

The client requests that Bevo examine the complaint regarding the defect. If it becomes apparent that the complaint is unjustified and/or there is no defect, the cost of the examination shall be borne by the client. If it is not possible to identify the cause of the defect, or if the client is part of the cause, costs will be distributed proportionally between the client and Bevo.

In the event that, after the completion of the examination, Bevo acknowledges the defect, at Bevo’s discretion, Bevo will either repair the defective products, provide a proportionate reduction not exceeding the invoice amount, replace the defective products free of charge (with new or similar products, providing that the functionality is equivalent to the product being replaced) after the product has been returned to Bevo in its original condition, or, after discussion with the client, provide the client with an appropriate solution which can never (if clause 12 is respected) exceed the amount originally invoiced.

If replacement of the delivered products is carried out, Bevo will deliver the replacement products as mentioned under clause 5. The client is obligated to make the defective products available to Bevo in the same place so that Bevo can take the defective products away immediately. Any extra costs incurred by Bevo in this regard are borne by the client.

Defects do not entitle the client, who is not a consumer, to terminate the contract or to waive the fulfilment of the client’s obligations.

Bevo is only liable for direct damage caused by defects attributable to Bevo’s performance of its obligations towards the client. Such direct damage includes:

Bevo is not responsible for damage caused directly or indirectly by:

Bevo is solely responsible for damage to goods belonging to the client if the goods are related to the agreement. Bevo is not liable for damages if these are caused by extraordinary circumstances which Bevo could or should not be expected to take into account based on the nature of the conditions and conditions in the industry, and which it would be unfair to demand Bevo to bear the cost of. Bevo is not responsible for damage to the client's property.

Bevo is not responsible for negligence, carelessness or wrongful conduct of a third party employed/engaged by Bevo in order to fulfil the agreement.

There will be no reimbursement of consequential damages, which expressly includes extensive damage caused by removal of the delivered products, water damage not directly caused by the delivered goods, immaterial damages, lost profits, lost savings, loss of business relations and other indirect damages.

The maximum liability, regardless of reason, is thus limited to the invoice amount.

The client shall indemnify Bevo for all claims from third parties in relation to the agreement, including costs incurred by Bevo.

Returns can only be made by prior written agreement with Bevo. The employees of Bevo are not entitled to accept returned items without prior written approval. The return shipment must be accompanied by a “return note” (RMA Number) and sent to Bevo’s warehouse in the Netherlands. The quality and quantity of the goods will be checked upon receipt and, on the basis of this check, a partial refund shall be given, but only under the following conditions:

The delivered product remains Bevo’s property until the client has fulfilled all its obligations to Bevo, including payment of due interest and costs. If the delivered product has been incorporated, the processed product is considered to belong to Bevo until the client has fulfilled all its obligations to Bevo.

Without the prior approval of Bevo, the client is not entitled to pledge the delivered product to third parties, as the products remain Bevo’s property until the client has completely fulfilled its obligations to Bevo. If the client fails to meet its obligations to Bevo, Bevo has the right to take back the delivered products. The client is required to give Bevo access to the place where the goods have been placed. Ownership passes to the client when the client has fulfilled its payment obligations, and other obligations, to Bevo. To the extent necessary, the client must contribute to the protection of Bevo’s retention of title.

Payment is made to the bank account designated by Bevo in EUR and without deduction or discount.

If nothing else has been agreed, delivery takes place only after payment. If payment must first be made after delivery, the payment must be made within 14 days of the delivery date, unless otherwise agreed. If payment is made by bank transfer, the payment date is the day on which the amount is credited to Bevo’s bank account.

If the client does not make payment of the whole amount in time, this is considered a delay in payment. As a result of the buyer's failure to pay, Bevo is entitled to stop all deliveries to the client, just as Bevo’s rights are reserved in every way. Bevo has the right to demand payment for all agreed deliveries or a guarantee of payment for the products not yet delivered. Furthermore, Bevo is entitled to terminate the agreement with the effect that the client is obligated to return all products which have already been delivered, and the client is obliged to pay damages to Bevo if Bevo has already delivered the products. 4. In case of a delay in payment, the client is obligated to pay interest at 1.5% per month from the due date. If Bevo is forced to forward the claim for collection, the client is required to pay the costs, including a compensation fee of DKK 310 per invoice.

If the client's financial position deteriorates after conclusion of the agreement, but before delivery, Bevo is entitled to terminate the agreement or modify the agreed payment terms, which includes demanding advance payment and guarantee.

If, due to force majeure, Bevo is unable to meet its delivery obligations in time, Bevo is entitled to terminate the agreement or the part of the agreement which has not yet been fulfilled, or to postpone it for a definite or indefinite period of time at Bevo’s sole discretion. In case of force majeure, the client cannot claim damages. Bevo is not responsible for the client’s consequential damages, and the client is not entitled to terminate the agreement

 Except as provided by law and legal practice, force majeure is defined as all external causes which are beyond Bevo’s control and which cause Bevo to be unable to meet its obligations. This includes strikes and strikes within Bevo. Bevo is also entitled to invoke force majeure if the circumstance preventing the contract’s (further) fulfilment occurs after Bevo has fulfilled its obligations.

If the client fails to meet its obligations to Bevo, or in case of client bankruptcy or closure in general, it is also regarded a breach on the part of the client. Bevo reserves the right to without notice and without liability (i) suspend the agreement, (ii) terminate the agreement, or (iii) demand full payment of any outstanding amount owed to Bevo, without prejudice to Bevo’s legal position.

Full or partial cancellation on the part of the client must be in writing. If the client desires cancellation due to an alleged breach of contract on the part of Bevo, the client must allow Bevo a reasonable period of time to meet its obligations in order to remedy the defects. The client must complain about the defects in writing. If Bevo is unable to meet its obligations following partial delivery, the client is not entitled to cancel the contract completely. The client is not entitled to cancel the agreement in part or in full if the client is in default. If Bevo accepts cancellation without the existence of a breach on the part of Bevo, Bevo is entitled to full compensation for any loss, including loss of profit and all other costs, both direct and indirect.

In case of partial termination, the client cannot terminate deliveries already made by Bevo, and Bevo retains the right to full payment for the delivered products.

Danish law applies to the legal relationship between Bevo and the client. Any disputes must be considered by the Court in Odense, unless mandatory provisions prevent this.

Bevo complies with applicable rules on the processing and storage of personal data.

Bevo is not a manufacturer.