Sales & delivery conditions

1. Miscellaneous

1.1 These General Sales and Delivery Conditions govern the relationship between ICEpower A/S (”ICEpower”) and the customer (“Customer”) in all cases. Unless otherwise agreed in writing, the Sales and Delivery Conditions govern all deliveries of ICEpower products, ICEpower services and ICEpower-based systems, as purchased through ICEpower’s web shop at www.ICEpower.dk, as amended from time to time.

1.2 The Sales and Delivery Conditions are considered accepted by the Customer upon ordering products from ICEpower through the web shop. Any purchase/general conditions the Customer may have, do not apply unless specifically accepted by ICEpower in writing.

1.3 The web shop is open for purchase by professionals only (BtB). When placing orders in the web shop, Customers must create an account and for that purpose enter full and adequate information on their business including a business name and address, and relevant registration number.

2. Quotations and purchase orders

2.1 All offers posted on the website www.ICEpower.dk, constitute an invitation to order only and will not be binding on ICEpower until the purchase order has been accepted by ICEpower in writing.

2.2 The Customer's orders and the delivery of products ordered may be subject to additional charges, including, but not limited to, freight, packaging, etc. Additional charges will be included in the invoice for the products ordered.

2.3 The Customer shall review the order confirmation upon receipt and shall immediately notify ICEpower, if mistakes or omissions are discovered. If such complaint is not given immediately and no later than 24 hours from receipt of the order confirmation, the purchase contract is binding and may not be changed or annulled without written consent from ICEpower, save for any the mandatory right of cancellation that the Customer might have, regardless of the web shop being aimed at professionals only.

2.4 Together with the delivery of goods ordered, ICEpower will issue an invoice which will be forwarded with the goods. The invoice serves as a warranty certificate.

3. Delivery Terms

3.1 Unless otherwise agreed, all deliveries shall be made in accordance with Incoterms 2010 and delivery shall be EXW ICEpower’s consigned stock location in Penang, Malaysia or Bangkok, Thailand.

3.2 The prices quoted are inclusive of packaging, but exclusive of VAT and any other duties, fees etc. that may apply.

4. Defects, complaints, etc.

4.1 ICEpower warrants for three years from the date of delivery that the ICEpower products are free from defects in materials or workmanship at the time of delivery.

4.2 The warranty does not include defects that have occurred as a result of the Customer’s instructions concerning design, sub-suppliers, construction or production, or changes, insufficient repairs, insufficiently performed installation/assembly or treatment, or other conditions for which ICEpower is not responsible.

4.3 The warranty does not include when products have not been used in accordance with the prescriptions ICEpower has made; including, but not limited to connection to power supply, electrical conditions beyond the ones specified by ICEpower, incorrectly conducted installation/assembly or exceptional environmental impacts.

4.4 Complaints regarding a delivery shall be made by the Customer in writing and sent to ICEpower immediately after the defect has been or should have been discovered. For complaints regarding defects, the Customer must follow the ICEpower RMA guidelines which ICEpower will forward to the Customer upon request.

4.5 When a complaint is rightfully received according to the above procedure, ICEpower shall without undue delay at its sole discretion either make a new delivery, issue a credit note or in special cases (determined by ICEpower) repair the defective products. No other remedies shall be available.

4.6 Any expenses incurred by the Customer for installation/assembly and disassembly are not included in the rectifying duties of ICEpower.

4.7 Defective products are - if previously agreed with ICEpower - to be returned to ICEpower at the expense and risk of the Customer. Repaired or replaced products are returned to the Customer at the expense and risk of ICEpower according to the same terms and conditions as ordinary deliveries.

5. Delay

5.1 ICEpower will immediately notify the Customer in writing of any delay and the reasons for the delay and, if possible, the duration of such delay.

5.2 In the event of a material delay, the Customer has the right to terminate the contract. The Customer shall have no other rights or remedies in case of delay.

6. Retention of title

6.1 Notwithstanding delivery and the passing of risk, ICEpower shall retain full title to all ICEpower products and ICEpower-based systems until ICEpower has received payment of the full price of all products, systems and services supplied by ICEpower to the Customer under any contract. Payment of the full price shall include, without limitation, the amount of any interest or other sum payable under these terms and all other contracts between ICEpower and the Customer. To the extent that ICEpower’s products or systems are blended, combined or mixed with other products or material owned by the Customer, ICEpower shall immediately acquire co-ownership in such products and Customer hereby assigns its co-ownership share to ICEpower.

7. Limitation of liability

7.1 In no event shall ICEpower be liable for any punitive, incidental, indirect or consequential damages arising from or related to the delivery.

7.2 ICEpower’s total and accumulated liability towards the Customer related to the delivery shall never exceed the total invoiced amount (exclusive of VAT and other duties) for the delivery in question.

7.3 The Customer is not entitled to make set-offs or retentions of any kind.

8. Terms of Payment

8.1 Payment must take place by use of credit cards (MasterCard, Visa, American Express ) and with Paypal.

8.2 The credit card used by the Customer will be pre-authorized for payment at the time of ordering. When the goods purchased have been shipped, ICEpower will charge the amount for the items.

9. Product Liability

9.1 ICEpower is covered by a global product liability insurance policy of which certificate can be provided upon request. Technical advice is provided without any responsibility whatsoever for ICEpower.

9.2 ICEpower’s product liability is limited to the liability under applicable mandatory product liability law.

9.3 The Customer must reimburse ICEpower for any claim which ICEpower through judgement or other binding decision is directed to pay to any third party and reimburse ICEpower all cost in relation with the case including but not limited to costs for lawyers, experts and expert appraisement unless it is proved, that any damage is directly and solely caused by a defect in the products delivered by ICEpower. In any such case, the customer is obliged to reimburse ICEpower for expenses ICEpower may have had, without having been obliged to pay.

10. Confidentiality

10.1 All information, which is not publicly known, must be considered confidential by the Customer, and accordingly the Customer is not allowed to disclose this information to any third party.

10.2 Any disclosure, publication, advertisement and the like which refers to ICEpower, or uses the logo/trademark of ICEpower, has to be approved by ICEpower in writing before being made public.

10.3 The ICEpower logo and other trademarks and tradenames of ICEpower may not be removed from any products supplied by ICEpower.

11. Resale (prohibition)

11.1 The Customer’s intention is to incorporate the products of ICEpower in the Customer’s own products, and the Customer is not entitled to market, solicit or resell the products of ICEpower as components, spare parts, kit parts or otherwise.

12. Intellectual Property Rights

12.1 No intellectual property rights are transferred, granted or implied from ICEpower to the Customer upon the purchase of ICEpower products or services.

13. Force Majeure

13.1 In case of events beyond the control of ICEpower, such as strike, lockout, war, epidemics, nature catastrophes, business interruptions or scarce supplies at ICEpower’s sub-suppliers, impossibility of procuring spare materials or interruption to the normal transport system (Force Majeure), ICEpower may cancel the order in whole or in part or choose to deliver when the obstacles preventing normal delivery have ceased. In such case ICEpower has no liability for any loss due to non-delivery, delay or any other damage or violation caused by Force Majeure.

14. Governing Law and venue

14.1 These terms shall be governed by, and construed in accordance with, the laws of the Denmark.

14.2 Any dispute that may arise between ICEpower and the Customer, and which cannot be solved amicably, shall be settled by arbitration administrated by The Danish Institute of Arbitration in accordance with the rules of arbitration procedure adopted by The Danish Institute of Arbitration and in force at the time when such proceedings are commenced without reference to its conflict of laws rules or principles. The venue of the proceedings shall be Copenhagen.

15. Legal entity and contact information

15.1 When purchasing goods from the web site ICEpower A/S, you are trading with ICEpower A/S, Vandtårnsvej 62A, 3B, 2860 Søborg, Denmark, reg.no. 25053591. The following email address should be used for any communication you may wish to exchange with ICEpower A/S: webshopsupport@icepower.dk

16. Privacy

16.1 Personal data belonging to the persons acting for the Customers, are secured through SSL encryption and are not share with third parties. For information on our policy on personal data, please refer to our GDPR policy.

These conditions are valid from the 1st of March 2021 and supersede all previous versions.