BUSINESS TERMS – PARALENZ USA
Unless otherwise agreed in writing, the present Business Terms (in the following TCB) shall apply to any assignment undertaken by PARALENZ Inc. (in the following ” PARALENZ “), Company Registration (EIN) No. 61-1796640.
1. General terms
These Business Terms shall apply to all sales of goods by PARALENZ.
PARALENZ reserve the right to change these Business Terms at any time and will give thirty (30) calendar days’ notice of any changes by posting notice on the website PARALENZ.com.
Given the complexity of the product(s), including necessary competent advice when purchased and PARALENZ’s business concept, all retailing sales must be made through PARALENZ. If an authorized dealer is contacted by another trader interested in retailing PARALENZ products, the authorized dealer must refer to PARALENZ.
In case of a conflict between the Business Terms and a signed Reseller Agreement, the signed Reseller Agreement shall prevail.
2. Offers, Purchase Orders and Order Confirmations
All offers made by PARALENZ are open for acceptance within fifteen (15) calendar days from the date of issue, unless otherwise specifically stated therein, and are subject to the availability of the product(s) offered.
A purchase order must, as a minimum, state the type and quantity of products requested, applicable unit prices and requested delivery place.
Purchase orders are binding when a written confirmation is received from PARALENZ.
3. Price and terms of payment
All prices are quoted in Dollar (USD) and all prices exclude VAT.
Freight costs will be added and PARALENZ is entitled to amend the costs with a prior notification.
All payments shall be made upon an invoice issued by PARALENZ. PARALENZ require the invoice paid in full, before sending a written confirmation and dispatching the goods ordered. PARALENZ reserves the right to check creditworthiness before sending a written confirmation.
When paying an invoice, the invoice amount must be accessible on PARALENZ’s bank account within five (5) days from the date of the invoice. If PARALENZ does not receive payment within five (5) days from the date of the invoice date, default interest according to applicable law will accrue including costs for reminders and other collection charges/expenses in accordance with Danish law.
Please note that all inaccuracies in the invoice must be claimed no later than on the due date of the invoice, otherwise such inaccuracies cannot be claimed.
All product(s) shall remain the property of PARALENZ until a full payment has been received.
4. Delivery and Acceptance of goods
PARALENZ will ship the order with their preferred shipping firm. If the Reseller prefer a shipping firm, PARALENZ will not be obligated ship the order with their preferred shipping firm. Additionally, it is possible to collect an order directly from one of PARALENZs warehouses.
Orders shipped with a carrier or delivery firm can be tracked via the chosen carrier’s or delivery firm’s website. When a package has left PARALENZ’s warehouse, Reseller will receive an e-mail with the tracking number for the package.
In accordance with Incoterms, all deliveries are made FCA (Free Carrier) which means that the risk for the goods is passed when PARALENZ delivers and load the ordered product(s) to the chosen carrier or delivery firm. PARALENZ cannot be held responsible for any delays on delivery from Carrier.
The delivery dates of product(s) shall be those set forth in the order confirmation.
The Customer must inspect the ordered product(s) upon receipt of delivery. The Customer is deemed to have accepted delivery of the product(s) unless written notice of rejection specifying the reasons for rejection is received by Vendor within five (5) calendar days after delivery of the product(s).
Should a hidden damage have occurred under transportation and it was not discovered or could have been discovered upon receipt of the delivery, a complaint must be made as soon as possible and under all circumstances within a week from when the hidden damage is discovered. If a claim is not made to PARALENZ within the mentioned timeframe, PARALENZ is not obliged to act in regards to the claim.
PARALENZ warrants that upon delivery and for a period of twelve (12) months from the date of delivery the products will be free from material defects in workmanship, material and design under normal use.
The warranty does not cover damage resulting from misuse, negligent handling, lack of reasonable maintenance and care, accident or abuse by anyone other than PARALENZ.
With respect to product(s) that do not conform to the warranty, PARALENZ’s liability is limited to, provided that the defect product(s) are returned to PARALENZ, (i) refund of the purchase costs for such goods with a reasonable deduction for usage, (ii) repair of the defect goods or (iii) replacement of the defect goods
6. Complaints and Return
Complaints to PARALENZ must sent to the e-mail address: email@example.com. After sending the complaint, a ticket-ID and a return form will be send from PARALENZ. The ticket-ID and return form cannot be perceived as an approval of the Customer’s complaint. Within fourteen (14) days from the day of receiving the ticket-ID and return form, the product(s) must be received by PARALENZ.
PARALENZ makes reservations to examine the returned product(s) and decide whether the complaint is accepted or not. If no defects are found PARALENZ has the right to charge for the examination and return the product(s) at the complainant’s expense.
The returned product(s) shall be accompanied by its original order number, the invoice relating to the order, the valid matter-ID and return form and a description of the defect issue(s) and pictures of the defect product(s).
When returning a product(s), the product(s) must be safely packed and the sender is responsible for the product(s) until they have reached PARALENZ’s warehouse.
If a complaint is accepted PARALENZ is carrying the shipping costs.
The sender is liable for all losses or damages to the product(s) during the return transportation. If a product is damaged under return transportation due to faulty packing, PARALENZ will return the product and charge the sender for the shipping expenses in connection to the return.
If a return is not made correctly or not in accordance with the aforementioned conditions, PARALENZ is entitled to return the product(s) and charge for shipping costs relating to the return of the relevant product(s).
7. Limitation in Liability
In case PARALENZ is responsible for a defect on a product(s), PARALENZ undertakes to repair, redeliver or repay the purchase price of the product(s).
PARALENZ is not liable for the product(s) compatibility with other product(s) on PARALENZ’s website or the compatibility with other purchased product(s). If PARALENZ can be held liable for compatibility issues, this will be explicitly stated by PARALENZ or explicitly be indicated on the product(s) information.
PARALENZ is not, under any circumstances, liable for any indirect damages or consequential damages, including production or profit loss. PARALENZ’s total liability (including liability for acts or omissions of PARALENZ’s employees, representatives or subcontractors and including price reductions, redelivery or similar) will under any circumstances be limited to the total price paid for the product(s) which are claimed defective.
PARALENZ will treat all received information as confidential and all confidential information obtained from PARALENZ shall not be disclose to any third party.
9. Intellectual property rights
All contents on the website PARALENZ.com are owned by PARALENZ or its licenser. No part of the website must be reproduced, stored in a retrieval system, or transmitted, without the prior written permission from PARALENZ.
The full ownership in all intellectual property rights in the product(s) and spare parts including, without limitation, patents, designs, trademarks and copyrights, shall vest in PARALENZ.
10. Termination of cooperation
A cooperation agreement can be terminated within one (1) month and in written.
11. Governing Law and Venue
Any interpretation of these Business Terms shall be construed in accordance with the general principles of Danish law. If the parties do not succeed in solving a dispute amicably, the dispute shall be settle by a Danish court of law.
The United Nations Convention for the International Sale of Goods shall not apply to this TCB or to any contracts of sale entered between Vendor and Customer.
If you have any question to any of the Business Terms, please contact us
Updated: 18. October 2017