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Conditions of Use

Conditions of Use for Nordcad Systems A/S

Ryesgade 60b, st. th.
9000 Aalborg
TLF: +45 96 31 56 90
CVR: 17650491

Validity

The sales and delivery conditions apply to all offers, sales and deliveries, unless otherwise agreed in writing or references to the Nordcad Systems Master, Service and/or Support Agreement are stated in the offer. These sales and delivery conditions apply together with any subcontractors' conditions. The trading conditions cannot be overridden by customer claims, unless agreed in writing. Service and consulting services are covered by this contract together with Nordcad's Servicemaster Agreement.

Offers

If Nordcad Systems A/S makes an offer, there is always a deadline of 30 days from the date of issue. The offer expires if acceptance has not reached Nordcad Systems A/S by the expiry date at the latest. Offers over DKK 50,000 must be signed by the buyer before the order is made more efficient.

Price and time of delivery

All prices are, unless otherwise stated, in Danish kroner (DKK). Dollar surcharges and excluding VAT may be imposed at times.

Delivery of licenses usually takes place per email, unless otherwise stated. A delivery time of up to 10 days can be expected from placing the order. Nordcad reserves the right to postpone the delivery if problems arise from the supplier.

Unless otherwise agreed, delivery, installation, commissioning, support and other services in connection with the order take place within Nordcad Systems' normal working hours.

Delivery of education must always be paid for before the education is held. Upon registration, Nordcad undertakes to immediately send an invoice, which must be paid in accordance with payment conditions. If the training is not paid for before participation, it is considered a withdrawal from the training.

Payment

Nordcad Systems A/S accepts online payments with Visa and Mastercard.

Payment must be made no later than the date indicated on the invoice as the last timely payment date. Unless otherwise agreed, the payment terms stated on the invoice apply.

If payment is made after the due date, Nordcad Systems A/S is entitled to calculate interest on the outstanding debt at any time from the due date at 2% per started month.

The buyer is not entitled to offset any claims against Nordcad Systems A/S that are not acknowledged in writing by Nordcad Systems A/S, and is not entitled to withhold any part of the purchase price due to counterclaims of any kind.

Price changes

Nordcad Systems A/S reserves the right to raise prices or services if there are price increases from suppliers etc. or if the dollar changes by more than 3% compared to the exchange rate on the offer date.

Property relationship

Nordcad Systems A/S reserves, with the limitations resulting from inalienable legal rules, the right of ownership to the sold item until the entire purchase price plus accrued costs has been paid.

Software is issued to one CVR number and cannot be transferred to another. The software may only be used internally within the company and in accordance with the SLA issued by Nordcad's subcontractors.

Product information

Drawings, flow diagrams, specifications, etc., which are provided by Nordcad Systems A/S before or after the conclusion of the agreement, remain the property of Nordcad Systems A/S and may not be passed on without written agreement or otherwise misused.

Product changes

Nordcad Systems A/S reserves the right to, without notice, change the agreed specifications if this can be done without disadvantage for the buyer.

Defects, complaints and warranty

Upon delivery, the buyer must immediately notify Nordcad Systems A/S of any errors and deficiencies.

License Dongle for USB port is not replaced in case of loss or defect. Nordcad must have the Dongle returned if the license is moved to a MAC address. Stolen USB keys must be reported to the police.

Nordcad does not provide any warranty on hardware/software beyond what is described in the Purchase Act.

Limitation of liability

A compensation claim against Nordcad Systems A/S cannot exceed the invoice amount for the sold product or service.

Any compensation may in no case exceed DKK 1 million. in case of personal injury and DKK 1 million in case of property damage.

Nordcad Systems A/S is not liable for operating loss, loss of profit, lost savings, or other indirect losses in connection with the agreement, including indirect losses that arise as a result of delays or defects in the goods sold, or for claims raised by third parties against the Customer.

Nordcad Systems A/S assumes no responsibility in connection with any problems of a technical and/or financial nature in connection with the termination of the contract with Nordcad Systems A/S.

Returns

The sold items can only be returned after prior written agreement. Licenses ordered from the supplier cannot be returned. Delivered goods are only returned at the invoice price, minus a crediting fee of at least 10% of the invoice amount, excluding VAT.

Product liability

To the extent that nothing else follows from non-derogable legal provisions, the following applies regarding Nordcad Systems A/S product liability:

Nordcad Systems A/S is not responsible for operating losses, lost earnings or other indirect losses.

To the extent that Nordcad Systems A/S may be charged with product liability towards a third party, the buyer is obliged to indemnify Nordcad Systems to the same extent as Nordcad Systems A/S's liability is limited according to the previous paragraphs.

If a third party makes a claim against one of the parties for liability in accordance with this point, this party must immediately notify the other party.

Hotline Support

Unless otherwise stated in the offer, licenses purchased from Nordcad Systems A/S basically include a 12-month free support agreement. For time-limited licenses, support includes the specified time limit. The support is carried out within normal working hours according to Nordcad's website.

Hotline support includes: Help for installing licenses on a maximum of one workstation; assistance in using licensors; and help with any errors and deficiencies in the licenses issued. Everything else is considered a service and is billed at an hourly rate. Nordcad expressly draws attention to if the task is not covered by the support agreement.

Specially developed and/or customized software solutions are not supported. This is considered a service task from the moment Nordcad has handed over the solution and there is a written acceptance of the delivery.

Subscription and maintenance

All software solutions include a 12-month maintenance agreement, unless shorter time-limited solutions are involved or otherwise stated in the offer or contract.

Maintenance includes updating licenses from subcontractors. Nordcad does not undertake to inform about updates. The customer is obliged to update the software himself. Any service associated with updating is not included in the maintenance agreement.

The maintenance agreement runs for 12 months at a time. If the agreement is not terminated at least 30 days before expiry, the agreement is automatically extended by a new 12-month period.

The agreement can be terminated by both parties at the end of a period no later than 30 days in writing.

The subscription agreement only includes updates to new program versions that are released within a 12-month period.

Venue

Any disagreement between the parties will be settled by the Maritime and Commercial Court, and according to Danish law.

Other conditions

When entering into a contract, the customer must sign a data processing agreement regarding the Data Protection Regulation. Nordcad Systems A/S is thus obliged to store the customer's data securely and confidentially. Nordcad Systems A/S also has a duty of confidentiality for all the information they may obtain through the customer's data.

Customer and privacy policy

As data controller cf. GDPR, Nordcad Systems A/S has the following processing activities:
- Website: Nordcad Systems A/S processes personal data provided through contact forms, as well as disclosure of email and/or telephone number. Personal information is stored for up to five years, after which information is deleted. Requests for deletion of personal data must be made through a written agreement.
- Newsletter: By signing up for the newsletter, consent is given to the processing and storage of completed personal data. The subscriber reserves the right to unsubscribe from the newsletter at any time. Consent to marketing through mail and/or telephone contact automatically expires after 1 year, if there has been no contact in the year in question.
Personal information is not passed on to third parties. Nordcad Systems A/S does not make profiling or automated decisions.

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