Offer from Express A/S

Unless otherwise stated in the offer, prices will be valid for 30 days from submission of the offer. After this, the offer is not valid.

Materials and processes are required to be machined as described in the offer, unless otherwise agreed. The material must comply with the specifications in the offer submitted by Express A/S, Hørskætten 7, 2630 Taastrup, CVR 35849173 (hereafter "Express"). A final agreement can be entered by the Customer's written acceptance of the offer submitted by Express.

Opening hours

Unless otherwise agreed, there are the following opening hours at Express A / S, Monday to Thursday from 8.00 to 16.00 and Friday from 8.00 to 15.30.

Terms of payment

Payment terms are 14 days net from date of invoice, unless otherwise agreed. If payment date is exceeded, 1.25% (monthly interest) is accrued in default interest per current month. The Customer cannot set off against claims that the Customer may have against Express.

Prices

All prices are in Danish kroner excl. VAT, postage, transport, warehouse rent and packaging for forwarding produced articles, unless otherwise stated in the offer. When purchasing materials through Express, reservations are made for adjustments in number and price. Express reserves the right to increase prices on paper etc. after signing of the agreement. For ordered printed matter, stationery etc. Express has the right to charge for a reasonable additional delivery of 5% in addition to the agreed printing. All materials are delivered to Express’ warehouse in Tåstrup. For larger productions, where the material account for a considerable part of the task, Express will invoice upon delivery at Express’ warehouse. If the Customer postpone or stop production, or there are delays in the delivery of material delivered by the Customer himself, Express is entitled to invoice for waiting time or restart. Additional payment may be required for work in connection with changes or more corrections than agreed.

Force majeure

If a delivery delay is due to the following circumstances, the Customer is not entitled to claim a default against Express: Labor dispute and any other circumstance that Express does not control, such as fire, war or mobilization problems of any kind. Seizures, currency restrictions, lack of transport options, general shortage of goods, restrictions of any kind as well as lack of, or delay in, material from subcontractors due to one or more of the above circumstances.

Delivery of materials

It is stated in the agreement when material and data etc. must be at Express’ disposal in order for the agreed delivery time to be met. If received materials are in poorly packed condition or with damage, Express will inform the Customer, and the Customer may be invoiced for a possible repacking and preparation for production. Express is not liable for flaws and deficiencies when using an external supplier. If the delivered quantity is insufficient, unsuitable or deficient to solve the task, Express cannot be held responsible for exceeded delivery time and Express is entitled to charge overtime costs and a possibly surcharge for driving on the task. A delivery note must accompany materials sent to Express’ warehouse, clearly specifying the content and number of articles as well as the Customer’s contact person at Express.

Package sample

The customer is obliged, in collaboration with Express, to design a package sample and package instructions for the task. If sample and instructions are missing, Express has the right to carry out the work at Express’ own discretion.

Data format, quality, and proofreading

Express can receive data files in several different formats. Express bases the offer on receiving data files in either Excel (Windows), CSV (semicolon separated) or TXT format (semicolon or tab separated). If the data contains flaws and deficiencies, Express may, if possible, adjust the data against payment. All offers are incl. 1 proofreading as regards setting up letters and other media which Express has set up and merged with variable data. After the Customer's approval of the proof, Express disclaims any responsibility for flaws and deficiencies.

Postal rules

Residual material

Unless otherwise agreed with the Customer within 5 days after delivery, Express has the right to send received materials back to the Customer. Express deletes all customer data from Express’ systems no later than 90 days after the completion of the agreed task, unless otherwise agreed.

Processing of personal data

As part of the Customer's transfer of data files to Express, cf. above, the Customer will, in certain cases, collect and transfer personal data to Express. The Customer warrants that (i) the Customer may lawfully transfer such personal data to Express and does so in accordance with applicable law, and that (ii) Express may lawfully process such personal data for the purpose of performing their obligations to the Customer. In case of changes in the personal data the Customer must notify Express and transfer information about the changes to Express. The Customer must hold Express indemnified for any claim and all losses (incl. reasonable legal costs) and obligations (incl. fines) to the extent that they arise from or relate to the Customer’s breach of obligations under this clause or applicable law regarding the processing of personal data. The parties' rights and obligations in accordance with the applicable regulations on personal data, confidentiality regarding personal data, and responsibility for personal data and storage are regulated in accordance with a data processor agreement signed at the same time.

Limitation of liability

Express is not in any case - regardless of the circumstances – responsible for any fine claims that the Customer is required to pay. This applies regardless of whether the fine accrues to the public or private sector, including claims for conventional fines. Express is not liable for delays and/or any flaws and deficiencies that occur in connection with distribution via third party distributors, incl. sending letters and parcels via PostNord or a similar third party distributor. Thus, Express’ risk of the delivery is passed over when the delivery is handed over to the relevant third party distributor. This applies when the total delivery, incl. shipment via third party distributor, is being invoiced by Express as well as when the Customer is being invoiced separately for the shipment by the third party distributor. Express' compensation of the Customer's losses for flaws and deficiencies, delays or other defaults by Express or the subcontractors of Express, may never exceed the lowest amount of either (i) the total order amount excl. VAT or (ii) DKK 500,000, though cf. below. Notwithstanding the above conditions, Express covers up to an amount of max. DKK 2,000,000 for expenses for (renewed) payment of postage, if there is a need to resend an order or shipment from Express as a result of Express’ defaults in the original shipment. However, Express is not liable for the Customer's losses in relation to other distribution costs.

Complaints

Complaints must be submitted no later than 8 days after delivery. Hereafter, the Customer's remedy for defaults lapses.

Marketing etc.

The customer is obliged to keep information about individually agreed terms and prices confidential.

Access to transfer etc.

Express is, in full discharge, entitled – wholly or partly – to transfer the rights and obligations under the agreement to third parties, provided that the transfer takes place on unchanged terms for the Customer. The Customer may, with a prior written consent from Express, in each individual case, transfer to a third party the agreement or other rights/obligations that follow. Express is entitled to use subcontractors/partners to fulfill the agreement. The parties are obliged to mutually inform each other about changes in addresses, contact persons, contact data etc.

Violation

In the event of one party's violation of the agreement, Express as well as the Customer are entitled to dissolve the agreement. The parties are, with the limitations that follow these terms of sale and delivery, liable for damages in accordance with the general rules of Danish law.

Choice of law and venue

The agreement is governed by Danish law. Any dispute that may arise in connection with the agreement must be decided by the Copenhagen City Court as an agreed venue with the possibility of referral and appeal in accordance to the general provisions of the Administration of Justice Act.

Version

These terms of sale and delivery were last updated in October 2020. Express reserve the right to continuously update and change the terms of sale and delivery. The version of our terms of sale and delivery which is available on our website at the time the Customer enters into a final agreement with Express is applicable to the Agreement.