Terms and conditions

These General Terms and Conditions shall apply to all present and future contracts, orders and other services delivered by Ocean Rainwear A/S, if no other agreement has been made. All special agreements have to be confirmed by us in writing.

Any obvious errors, mistakes in writing or print or miscalculations are not binding to us.
Terms of payment and delivery.

Our offers are not binding to us. Oral agreements, promises, assurances and guaranties made or given by our sales staff shall not be binding unless confirmed by us in writing.

Should the Buyer default in payment, he will be liable to pay interest at 2% of the invoice amount per month.
Any agreed upon cash discount always relates to the invoiced value excluding freight and will only be granted if and in so far the Buyer has completely paid all payable due at the time of the discount. Such discounts are valid for this order only. Any confirmation as to delivery time shall only be approximate.

Freight Prices: € 39,- per parcel up to 31,5 kg

Within events of force majeure we shall be entitled to postpone deliveries for a reasonable time necessary for adaption. Force majeure shall include industrial disputes, strikes, lockouts, as well as any other circumstances which, not due to our fault, either substantially jeopardise or delay our deliveries and services or make them impossible for us to fulfil, no difference whether such circumstances will affect us or our suppliers. We will immediately inform the Buyer of such circumstances. Should in consequence of the aforementioned circumstances the performance of the contract become unreasonable to fulfil to one of the contractual parties, such party may then declare the contract avoided.

All goods delivered to the Buyer shall remain our property (Reserved Property) until all of the Buyer’s accounts resulting from the business relationship with him, in particular any account balances, have been settled. As soon as the Buyer has settled his accounts with us in full, he shall obtain those goods which were delivered to him before such payment was effected.

Should the Buyer default in payment or should he fail to honour a draft we shall be entitled to take back the Reserved Property and to enter, for this purpose, the Buyer’s premises. The same shall apply should, after the conclusion of the contract, it become evident that payment resulting from this contract or from other contracts is jeopardised by the Buyer’s lack of ability to pay.

We refuse liability for any indirect loses caused by delayed or wrongful delivery.
Prices are subject to change without notice and products are subject to availability, errors and omissions excepted. Unless agreed upon otherwise and confirmed by us in writing we always base our invoices on the latest price list.

The price from 5XL -> = price of S-2XL + 30%. Products not mentioned in the price list are special products and can perhaps be made by request with these additional costs: 1-10 pieces: € 33,75, 11-20 pieces: € 27,00, from 21 pieces: € 20,25. We ask normal prices on samples minus customer’s normal discount.

Dispatch, passing of Risk, Packaging, Partial Delivery

In all transactions, including freight prepaid and freight free deliveries, the risk of loss or damage to the goods shall pass to the Buyer at the time where we hand them over to the forwarding agent or to the carrier. We shall be entitled to make partial deliveries with reasonable quantities.

Warranty provisions

The Buyer shall immediately notify us in writing of any defects of the goods, at the latest 5 days after their delivery. Defects which, even upon careful inspection, cannot be discovered within this period must be notified to us in writing immediately upon their discovery, at the latest before the elapse of any agreed or statutory warranty period.

If and in so far the Buyers claim for defects is justified and has been made in time, we may, upon our discretion, remedy the defect or deliver non-defective goods as substitution. If the Buyer fails to immediately give us the opportunity to inspect the defect, especially if he fails – upon our request – to immediately make the goods or samples hereof available to us, he will loose all of his warranty rights.

Goods are not returnable. This is a translation. In cases of uncertainty or conflict the Danish version of these General Terms and Conditions of Delivery and Payment shall apply.

All possible disputes shall be governed by Danish law and be subject to the jurisdiction of the Maritime and Commercial Court of Copenhagen or, as the case may be, the Municipal Court of Copenhagen.