Terms and conditions

General sales and delivery conditions

 I. Scope of application

The following sales and delivery conditions apply to all agreements with Opitek – InstrumentSpecialisten ApS and Opitek International ApS (hereinafter referred to as "Opitek") regarding the delivery of products, spare parts and services, regardless of whether the orderer prescribes other conditions in their order. These terms can only be deviated from by written agreement between the orderer and Opitek.

The orderer's own terms and conditions only take effect if they have been accepted in writing by Opitek.

II. Price quotes and acceptance

Price quotes are valid for 30 days, after which they are considered invalid unless otherwise agreed in writing. Opitek does not assume liability for the complete agreement between any specifications in the buyer's request and the specifications in Opitek's price quote and/or order confirmation. If there is a discrepancy between the specifications of the request and the price quote/order, the specifications in the order confirmation shall apply.

Any information about weight, specifications, technical data, etc., that appears from catalogues, Internet sites, circulars, etc., is approximate and will only be binding on the part of Opitek if it appears in writing from either price quote or agreement.

If orders are placed via the webshop in Opitek International, this is considered an offer from the customer, which can then be accepted by Opitek International as stated above.

III. Plans and descriptions

Rights to all plans, images, technical documents, etc., intended for the manufacture of goods which are transferred to the buyer before or after entering into the agreement are the property of Opitek and may not be copied, reproduced or otherwise made available to competing companies without Opitek's written permission.

IV. Prices and payment terms

Unless otherwise agreed in writing, prices will always be calculated on the basis of the agreements at the time of order/delivery. The buyer is not entitled to set off against the purchase price any claims that the buyer may have towards Opitek from other trading matters that do not arise from the same order confirmation or order. Similarly, the buyer is not entitled to withhold payment due to a complaint or counterclaim regarding the delivered item. Opitek's general payment terms are 30 days net. If the payment deadline is exceeded, interest of 2% per month or part thereof shall accrue on the outstanding debt from the due date.

Delivered products remain the property of Opitek until payment from the buyer/orderer has taken place.

V. Delivery

All delivery times specified by Opitek are approximate. Opitek does not assume any liability or provide compensation for non-fulfilment of obligations as a result of delivery obstacles, delays or difficulties, including delays from Opitek's supplier or their trading partners.

VI. Returns

Returns of goods are only accepted by prior agreement with Opitek. Crediting only happens if the item is unused, undamaged and in original packaging. Items accepted by Opitek for return are credited less a handling fee of up to 20% of the original sale price. Returned goods must be shipped at the buyer's expense.

VII. Defects, complaints and liability

It is the buyer's responsibility to carry out a thorough inspection/test of the delivered goods immediately upon receipt. If an item does not match the invoice, Opitek must be contacted immediately thereafter. If the buyer has not notified Opitek of the defect within 12 months after the delivery date, this cannot be claimed later.

Any possibility of making a complaint regarding defects that could not be identified upon receipt of the item lapses 3 months after delivery has taken place. Thus, the buyer cannot claim for errors or defects with the item after this deadline.

Return of an item in connection with a complaint cannot take place without prior agreement with, and acceptance by, Opitek. Opitek is entitled, at its own discretion, to either replace the defective product with a new one, rework/repair the product or, at Opitek's discretion, remedy the defect in some other way.

The right to make a complaint is lost by further processing, other than through necessary inspections/tests.

Opitek's liability only covers defects that occur during correct use of the product. Opitek's liability for defects can never exceed the purchase price of the product that forms the basis of the buyer's claim. Opitek is not liable for business property damage, or for the buyer's or third party's loss of data due to defects in the delivered product.

In no case can Opitek be held liable for operating losses, lost earnings or other consequential losses.

Furthermore, Opitek cannot be held liable for non-fulfilment of obligations as a result of circumstances that cannot be directly attributed to Opitek and its handling of the order. Opitek may, in the event of the buyer's breach of the agreement, choose to terminate the agreement in whole or in part.

Any loss that Opitek may suffer due to the buyer's breach may be claimed from the buyer.

VIII. Force majeure

The following circumstances give rise to freedom from responsibilityif they prevent the fulfilment of the agreement or make the fulfilment unreasonably burdensome: labour dispute and any other circumstance beyond the control of the parties, such as fire, war, natural disasters, mobilisation or military recruitment of a similar scope, requisition, seizure, currency restrictions, unrest and rioting, shortages of means of transport, raw materials and semi-finished products, general shortages of goods, restrictions on power and shortages or delays in deliveries from subcontractors due to any of the circumstances mentioned here. This provision shall also apply if one of Opitek's suppliers is directly or indirectly affected by force majeure and regardless of whether Opitek might purchase the product elsewhere. Circumstances as mentioned only lead to freedom from responsibility if their influence on the fulfilment of the agreement could not be foreseen when entering into the agreement.

The manufacturer is not liable for the buyer's or others' operating loss, loss of time, loss of profit, lost earnings or other indirect loss.


IX. Compensation

Opitek's liability for defective or delayed deliveries may not exceed the value of the delivered goods. For operating losses, profit losses or other indirect losses (including losses to third parties) due to delivery delays, Opitek is not liable.


X. Liability for vicarious agents

Contractual liability for vicarious agents shall be excluded insofar as this is permitted by law. This applies in particular in connection with guarantees, assured characteristics, other defects, transportation and delay.

XI. Applicable law and disputes

Any disputes that cannot be settled between the parties must be decided by the Danish Maritime and Commercial High Court in Copenhagen or, in the alternative, the Copenhagen City Court using Danish law.