1) TERMS AND THE PURCHASE AGREEMENT:
1.1 – These terms apply to any delivery from Packwise Int. ApS (hereinafter Packwise). The terms must be considered an integral part of the purchase agreement between you as a customer and Packwise, however, such that the terms of the purchase agreement must apply prior to these terms if there is a discrepancy between the purchase agreement and these terms.
2) PAYMENT AND PROPERTY RESERVATIONS
2.1 – Payment terms are invoice date + 8 days.
2.2 – If you do not meet an invoice’s payment deadline, Packwise may withhold further deliveries until payment has been made.
2.3 – If the payment deadline is exceeded, you must pay 2% of the invoice amount in interest per. commenced month until the amount is in Packwise’s hand. If it becomes necessary to send reminders, these will be subject to reminder fees in accordance with the Interest Act.
2.4 – Packwise reserves the ownership of the goods sold until the full purchase price plus any interest has been paid.
2.5 – Design and image material are delivered in accordance with current Danish copyright law.
2.6 – Packwise has no responsibility for the customer’s lack of right to use text, writing, images, illustrations, trademarks, logos, etc. or reproduction and reproduction owned by third parties. This relationship applies to all material provided by the customer.
2.7 – That is, if you as a customer provide material for which you do not own the copyright, but this right is owned by a third party, Packwise is indemnified for any legal disputes or other costs in connection therewith.
2.8 – The copyright for the prepared solution accrues to Packwise, however, the customer can be granted partial copyright if this e.g. has significantly contributed with design, idea to the system or similar. The customer, on the other hand, has the right to use everything that is delivered, unless otherwise specified. This means that the customer may use the product in every conceivable way, but never copy, reproduce or resell in any way that is contrary to Danish copyright law. The prohibition against reproducing covers both the customer’s own production and the production carried out by third parties at the customer’s request. Furthermore, the right of use does not include the right to adapt, further develop or restrict the solutions developed by Packwise. Any request by the customer to take actions that are not covered by the customer’s right of use under this provision can only be made after prior written approval from Packwise. “
2.9 – “For the design of logos, packaging and similar work within graphic design, the customer is given the right to use what is delivered, however, so that the terms of the right of use are in accordance with what is stated in section 2.8.”
2.10 – Packwise reserves in all cases the right to use the developed material as a reference for advertising purposes on, for example, but not limited to, Packwise’s websites and printed marketing materials.
3) DEFECTS, COMPLAINTS AND LIABILITY
3.1 – To ensure the quality of the delivery, you must immediately upon receipt of the delivery and before commissioning examine the delivered with a view to any errors or defects. If you find any errors or omissions, please notify Packwise immediately. Packwise is not responsible for any errors or defects after the customer’s review and subsequent commissioning of the delivered.
3.2 – You are entitled to complain about any errors or defects in the delivered item for up to 1 month from delivery.
3.3 – If defects in delivered goods or services can be identified within the complaint period, Packwise undertakes at its own discretion to remedy the defect, to replace the defective product, to credit you with the price of the product or service or to give you a reduction in the price.
3.4 – If Packwise offers replacement of the product or remedying the defect, you may not cancel the purchase or claim compensation as a result of the defect. Packwise is not responsible for delays due to replacement or remediation.
3.5 – Packwise’s liability is in all respects limited to direct losses. Operational loss, loss of time, loss of data, lost earnings and consequential damages cannot be claimed for compensation.
3.6 – Packwise’s liability is limited to at least the following two amounts:
a) The total payment due and paid for the product
b) DKK 50,000.
4) ESPECIALLY ABOUT SERVICES
4.1 – For services, including consulting assistance, installation assistance, presentations, training, holding workshops, etc., the hourly rates applicable at Packwise are calculated at all times.
4.1.1 – Consultancy hours are meetings and work of a strategic, advisory or analytical nature, including teaching, workshops, advice, etc., unless otherwise agreed.
4.1.2 – Production hours include design, development, production, etc., where the work does not have the character of consultant hours.
4.2 – The working hours of consultants are limited to all weekdays, except public holidays, Constitution Day, Christmas Eve and New Year’s Eve, from kl. 8.30 – 18.30.
4.3 – Services are paid according to time and material consumption and are invoiced on an ongoing basis every month or at the end of a task.
4.4 – For hours in addition to normal working hours, after agreement with you, overtime corresponding to normal hourly rate + 25% is paid.
4.5 – You acquire the same rights to the result of services that you possess for the original material to which the service relates. Thus, if the service relates to a solution or developed material to which Packwise is the right holder, you do not acquire a better right to the result of the consultant’s services than you have to the product to which Packwise is the right holder.
4.6 – For services where there is no written agreement before the services are provided specifying what Packwise is to provide, Packwise guarantees, notwithstanding the provisions of clauses 3.2-3.5, only to carry out its deliveries in accordance with good practice in the advertising industry and guarantees that named consultants have the stated qualifications, but otherwise do not assume any responsibility for errors and omissions – including responsibility for results.
5.1 – Outlays are generally paid before the start of the project based on cost estimates.
5.2 – Additional outlays are settled with the next invoice or at project completion.
5.3 – All outlays are added 10% (however a minimum of DKK 20 per expense voucher) to administration and delivery costs.
6) FORCE MAJEURE
6.1 – Neither party is entitled to compensation or to terminate the agreement in the event of non-performance if this is due to force majeure.
7) CHOICE OF LAW AND JURISDICTION
7.1 – These terms and the interpretation thereof are subject to Danish law and must be decided by Packwise’s venue.
We occasionally receive inquiries from customers who ask about the fact that we reserve the copyright to the developed design / solution / product.
This is normal industry practice and is unproblematic, as you as a customer have the right to use the developed design / solution / product. However, with the right of use, you have no right to reproduce, resell and / or redistribute the developed solution.
If you have plans for redistribution, further development, etc. talk to us about how we can meet these needs.