Terms of sale and delivery

1.         Shipment is ex works Hadsund on buyer's account and risk. The buyer shall insure the consignment and Echo Graphic is not responsible for any damages or larceny during transport. Provided that no special instructions are available before dispatch Echo Graphic is free to choose the cheapest way of transport on the basis of our judgement.

2.         Time of delivery is estimated and without obligations for Echo Graphic. Any delay does not entitle the buyer to cancel the order unless Echo Graphic accepts. Echo Graphic does not take any responsibility for consequences of delay caused by force majeure, strike, lockout, interruption of work, war, import- or export embargo or any other circumstances in Denmark or abroad, which we cannot control. Penalties for delay in delivery or compensation for loss caused by delay will not be satisfied.

3.         Complaints must be submitted maximum 7 days after receipt of the goods if the goods are shipped via flight, truck or railway and within 3 days after receipt when shipped by ship. Complaints do not entitle the buyer to retain payment for the goods delivered. Goods delivered will remain the property of Echo Graphic until 
payment has been fully paid. Goods can only be returned if an agreement containing a suitable return deduction is made. Defect parts shall be sent carriage paid with RMF formula to our service department, after which treatment of complaints will take place according to our warranty regulations valid at the time in question. If any disagreements occur, the disputes shall be settled at a Danish court according to Danish legislation. Echo Graphic's liability for damages is limited to maximum DKK 2 million.

4.         Payment and prices are as stated on the front page of the order confirmation. Any delay in payment will imply an addition of a 1,5% interest for each month started. In case of considerable changes in labour costs, raw materials, sub components and exchange rates when effecting the order confirmation, invoice or payment we reserve the right to either change the prices or to claim an adjusted amount for payment, however, with previous written notice.

5.         Product liability. Echo Graphic is only responsible for personal injury if it can be proved that the damage is caused by error or by an act of negligence committed by Echo Graphic or persons, whom Echo Graphic is responsible for. 
Echo Graphic  is not responsible for damage to real and personal property occurred while the goods are in the hands of the buyer. Echo Graphic is neither responsible for damage to products manufactured by the buyer or products of which these form part. Moreover, Echo Graphic is responsible for damage to real and personal property under the same terms as personal injury. Echo Graphic is not responsible for loss of profits, loss of earnings or other indirect losses.

To the extent that Echo Graphic should be imposed a product liability towards a third party, the buyer is obliged to keep Echo Graphic indemnified to the same extent as Echo Graphic’s liability is limited according to the above points. 
If a third party puts forward a claim, against one of the parties, for compensation according to product liability this part must immediately notify the second party. Echo Graphic and the buyer are mutually obliged to undertake legal proceedings at the court, which treats compensation claims, set up against one of them on the basis of a damage, which is claimed to be caused by the goods. Echo Graphic can always demand that the mutual relations between buyer and Echo Graphic are settled at an arbitration at the Maritime and Commercial Court in Copenhagen. 
These limitations in Echo Graphic’s responsibility are not valid if Echo Graphic has been guilty of gross negligence.

ECHO GRAPHIC A/S • HAANDVAERKERVEJ 2 • DK-9560 HADSUND • DENMARK • PHONE +45 98 57 19 55 • FAX +45 98 57 15 91