General terms for purchase of Trackman products
General terms for the sale and delivery of products and product-related-service by TrackmanValid as of 1 Janaury 2024
The following expressions shall have the following meanings: "Documents" means any and all printed aid in relation to the Hardware and/or the Software. "Goods" means the Hardware and the Software. "Hardware" means all such goods acquired by the Buyer under the Purchase Agreement, save for the Software. "Service" means any activities completed by Trackman in exchange for the consideration described in the Agreement.
2. Product Information
Data in product information and price lists are binding only if expressly included in the Agreement. Technical documents, software, etc. provided by Trackman may only be used for the purpose for which they were submitted and cannot be shared with a third party.
3. Intellectual Property Rights
These terms do not transfer or grant a license to Trackman’s intellectual property rights. The buyer cannot alter or remove any trademarks, brands, logos, etc. on the Goods.
Information and physical material provided by Trackman to the Buyer are confidential. Exceptions are information already in the public domain or becomes public through no default or breach of the Purchase Agreement./p>
5. Prices and payment
Prices in Trackman documents exclude taxes and tariffs. Payment is due before shipping or services rendered, unless stated otherwise. Delayed payments will accrue 1% interest per month. Trackman retains title to products until payment is received in full. In case of nonpayment, Trackman has the right to recover possession of the Goods.
6. Limited warranty
Trackman provides a limited warranty for Hardware, and separate limited warranty for delivered Software. The Hardware is warranted to be manufactured with good workmanship and defects must be notified within 14 days of receipt. Defective parts must be returned to Trackman for repair or replacement at their cost. Trackman is only liable for defects under provided conditions of operation and proper use. The warranty expires 12 months after delivery and terminates if the Hardware is opened or seal is broken by unauthorized parties.
7. General limitations of liability
Trackman are not liable for any loss or damage caused by the use of the Goods, including product liability or indirect or consequential loss. Trackman's liability is limited to the amount paid by the Buyer pursuant to the Purchase Agreement during the 12 months prior to the claim.
8. Goodwill and Promotional Value
Customer acknowledges that the Goods, Services, and Trademarks belong exclusively to Trackman and agrees not to dispute or attack Trackman's rights or validity of the Goods, Services, and Trademarks. Customer's use of the Goods, Services, and Trademarks shall inure to the benefit of Trackman, and any trademark rights created by such use shall be assigned to Trackman. Trackman may commence an action in any court or arbitration proceeding and seek injunctive relief and other appropriate remedies in the event of any breach by Customer.
Customer is responsible for defending Trackman against any third-party claims or costs resulting from the Customer's breach of the Agreement.
10. Ground for relief
Circumstances beyond control that impede Agreement performance or make it unreasonably onerous shall be grounds for relief, including industrial disputes, acts of God, shortage or failure of transport, defects or delays in deliveries by sub-contractors, and more. Either party may terminate the Agreement if relief grounds delay performance for over 6 months.
11. Applicable law and venue
The law of the Kingdom of Denmark shall govern the Agreement. The United Nations Convention on the International Sale of Goods shall not apply. Any disputes or claims arising out of or in connection with the Agreement may be brought before the ordinary courts of law with the Maritime and Commercial Court ("Sø- og Handelsretten") in Copenhagen, Denmark being the first instance venue. Trackman may bring any such disputes before courts of law within the Buyer's jurisdiction to enforce its rights under the Agreement.
No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same or other provisions of this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement. Nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership.
13. Our right to reject your order or cancel a contract
We reserve the right to reject orders or cancel contracts for reasons such as product unavailability, incorrect billing information, reselling, price errors, undeliverable addresses, or events beyond our control. We will refund any payments received in relation to the cancelled contract.
14. Delivery of physical goods
Upon delivery, please inspect the packaging for damage. If it appears that the products are damaged, please do not accept the shipment.
15. Returns & cancellations
Cancel orders for free before shipment by contacting support@Trackman.com. Defective or non-conforming products can be returned for a refund of the purchase price and shipping costs. Customers have a right of withdrawal within 30 calendar days of delivery for software and physical products, without giving a reason. Products must be returned complete and not used, and customers are responsible for return shipping costs. Refunds will be processed within 30 days of receiving the returned products and may be withheld until the products are received or evidence of return is provided.
16. Events outside our control
If an event outside our control happens, such as a natural disaster, war, or epidemic, and it affects our ability to fulfill our obligations under these Terms of Sale, we will notify you as soon as possible. Our obligations will be suspended, and the time for performance will be extended for the duration of the event. If an event outside our control affects our delivery of a product to you, we will arrange a new delivery date with you. If you no longer wish to receive the products, you may cancel the contract, and we will refund any amount received from you.