Terms of sale and delivery

The following terms of sale and delivery for Clipper A/S (hereinafter referred to as Clipper) shall apply to all orders unless agreed otherwise in writing.

Acceptance of orders

Any order accepted by Clipper shall be subject to force majeure, inadequate sales of the design ordered, and sub-supplier's failure to deliver materials required for production etc.
 
Orders for stock items are shipped the same day or the day after the order is received by Clipper. A binding contract of sale therefore arises when Clipper receives the order. For orders with longer lead times a binding contract of sale shall only arise between Clipper and the customer when a written confirmation of order is sent by Clipper. The customer shall be entitled to cancel any order within 8 days from the date of the order. Clipper shall be entitled to reject any order up to the time of delivery in case of inadequate sales of the design ordered or if satisfactory credit information about the customer cannot be obtained.

Offer

An offer submitted by Clipper is valid for 30 days from the date of the offer unless something else is stated.

Terms of delivery

All goods shall be delivered ex works in accordance with Incoterms 2020 DAP clause unless otherwise expressly stated on the confirmation of order.

Time of delivery – delays

Clipper reserves the right to postpone the date of delivery for up to 14 days. In case of delays attributable to circumstances construed as being force majeure situations, Clipper shall be entitled to postpone the date of delivery.
 
If the customer fails to make payments for goods previously delivered, Clipper shall be entitled, at its option, to either postpone the delivery of an order or to cancel it, without being under an obligation to compensate for documented losses resulting from this. This does not entitle the customer to cancel the order.

Prices

Any prices quoted shall be subject to changes in customs duties and excise taxes of any kind, as well as sudden exchange rate fluctuations. In case Clipper intends to invoke any such changes, Clipper shall inform the customer thereof as soon as possible and no later than 21 days after the event has taken place.

Payment – interest

Interest shall automatically be charged on overdue accounts at the rate of 2% per commenced period of a month as from the due date. If the purchase sum is paid after Clipper has taken steps to recover the claims through a debt-collecting office, the purchaser shall pay all expenses of collection.

Retention of Ownership

Clipper shall have retention of ownership until payment is made in full on all goods delivered.
 
All intellectual property rights, drawings, sketches, technical specifications, etc., shall be Clippers’s property and shall not be copied or revealed to any third party without prior acceptance from Clipper. Nor shall the products delivered be manufactured, imitated, or transferred to any third party with this purpose in mind.

Complaints

Complaints shall be made within 8 days of receipt of the goods at the latest. Complaints concerning part-deliveries shall not entitle the customer to cancel the remainder of the order. Complaints of non-visible damage shall be made within 8 days of the day on which the damage first could have been discovered. Complaints shall be made in any case within 1 year of the date of delivery. A quantity deviation of up to 5% (minimum 1 piece per size) cannot be considered a defect.
 
Clipper has to approve a complaint before the goods are returned. Complaints shall be made in writing and contain a precise statement of the nature of the error or defect. Clipper is entitled at its own option to either repair the defects or supply new goods.

Reliefs (Force Majeure)

The following circumstances shall be considered as cases of relief if they impede the performance of the contract of render performance thereof unreasonably burdensome industrial disputes and any other circumstance beyond the control of the parties such as fire, war, mobilization, or draft for military service of a similar service scope, requisitioning, sequestration, currency restrictions, insurrection and civil unrest, shortage of transport, general shortage of materials, restrictions in use of power, as well as non-delivery or delays in deliveries by sub-suppliers attributable to any of the circumstances mentioned hereunder.
 
The party wishing to claim relief by reason of any of the said circumstances shall notify the other party in writing without delay of the intervention and on the cessation thereof. In case some of the above mentioned circumstances, that prevent the performance of the contract, continue for more than 2 months, both parties are entitled to cancel the contract.

Sales Address

In the absence of any written agreement with Clipper to the contrary, goods shall only be sold from the usual retail place of sale of the purchaser.

Venue and Law

Any dispute shall be settled by the City Court of Herning in accordance with Danish Law. Germany

Germany

Deliveries to Germany are done in accordance with “Einheitsbedingungen der deutschen Bekleidungindustrie, 2015”.