Terms and Conditions
New conditions 2025
SCOPE
All deliveres from WIM FOOD A/S, Danish CVR reg.no. 41456973 (hereinafter referred to as “WIM FOOD”), are subject to these General Terms and Conditions, which are binding on all deliveries between the Parties, thus superseding any agreement or custom being contrary to the contents hereof, including any terms and conditions drafted and submitted by the Purchaser, unless otherwise stated in WIM FOOD’s sales order.
WIM FOOD is not bound by declarations submitted by WIM FOOD, howsoever designated, until, at the earliest, WIM FOOD has sent its sales order to the Purchaser. WIM FOOD is entitled to withdraw any such declarations up until the sales order has been communicated to the Purchaser.
The Purchaser is only entitled to cancel or change an order made if accepted in advance by WIM FOOD. If WIM FOOD has accepted a cancellation or change of an order, the Purchaser shall compensate all additional costs and any loss suffered by WIM FOOD due to the cancellation, however, subject to a minimum amount equivalent to 10% of the agreed purchase price, excluding VAT. If WIM FOOD has not accepted a cancellation or change of the order, the Purchaser is obligated to place WIM FOOD as if the order had been duly performed and pay WIM FOOD the agreed purchase price less any costs saved by WIM FOOD.
AUTHORITY
No independent person/company, such as an agent, a representative or a broker, is authorised to bind WIM FOOD without a written agreement to that effect.
PRICES
All prices are current prices, and WIM FOOD’s sales order decides what the individual price covers.
TERMS OF DELIVERY
The terms of delivery, which are based on INCOTERMS 2020, are determined individually in WIM FOOD’s sales order.
The time of delivery is determined individually in WIM FOOD’s sales order. Any request by the Purchaser for changes after the formation of contract will extend the time of delivery.
WIM FOOD undertakes to notify the Purchaser of any delay in delivery. WIM FOOD is not responsible for delays. If WIM FOOD fails to deliver the product at the agreed time, the Purchaser shall set a final and fair delivery date. If the product is not delivered within the said date, the Purchaser is entitled to cancel the purchase. The Purchaser is not entitled to claim compensation neither for direct nor for indirect losses or other claims due to the delay.
If the Purchaser fails to take delivery at the date of delivery, e.g. by failing to perform its duty of collection, WIM FOOD is entitled to terminate the agreement and claim damages. Further, WIM FOOD is entitled to sell off or store the product on the Purchaser’s account. In case of storing, the product will be deposited at the Purchaser’s risk.
Any return of products requires a prior written agreement with WIM FOOD and will in that case be on the Purchaser’s account.
The terms of payment are fixed individually in WIM FOOD’s sales order.
In case of overdue payment an interest charge of 1.5% for each month entered into will be added, counted from the due date and until payment has been effected.
Each payment reminder will be subject to a reminder fee of DKK 150.00 per reminder.
In the event of payment default, WIM FOOD is entitled to demand full coverage of WIM FOOD’s collection charges to a legal counsel, viz. not only the maximum charges according to the Danish Interest Act.
The Purchaser is not entitled to set off the purchase price in full or in part, and further, the Purchaser is not entitled to withhold the purchase price, if giving notice of lack of conformity under clause 9
The sale of the product is subject to an ownership reservation, according to which WIM FOOD is entitled to take back the product in case of the Purchaser’s default, in full or in part.
Any breach on the part of the Purchaser of one or more of its obligations hereunder, including the Purchaser’s obligations under clause 5 , will be considered a material breach, entitling WIM FOOD to to terminate the agreement, sell the product on the Purchaser's account to any third party and/or claim damages. WIM FOOD is entitled to claim damages for any loss, including any indirect loss.
If the product is faulty or defective and the Purchaser has complained in due time, see clause 9 , WIM FOOD is obligated and entitled – at its own choice:
- To repair the defect
- To deliver goods in replacement
- To offer a proportionate discount or
- To pay compensation, see clause 7.2
The Purhaser is not entitled to submit any further remedies for breach. Costs of transport, insurance, travelling, and other costs incidental to repapir or replacement delivery are payable by the Purchaser.
WIM FOOD’s liability in damages is subject to a maximum corresponding to the invoice price for the defective product, however, comprising under no circumstances any indirect losses such as loss of profits, loss of time, or loss of profit.
FORCE MAJEURE
WIM FOOD is not liable for any non-performance of WIM FOOD’s obligations, provided WIM FOOD can substantiate that the non-performance is due to a circumstance beyond WIM FOOD’s control, such as, but not limited to, war, warlike events, pandemics, diceases in live stock, fire, strikes, lockouts, bans on exports or imports, embargoes, delayed or defective supply of materials from sub-suppliers, production standstills, shortages of energy or transport facilities.
In that case, WIM FOOD is entitled to extend the time of delivery correspondingly or to terminate the agreement without financial consequences for WIM FOOD. As soon as the hindrance has been removed, either Party is bound by the agreement, except if the agreement has previously been terminated by WIM FOOD. Either Party is entitled to terminate the agreement in case of a hindrance lasting more than 3 (three) months, in which case the party not in breach may never advance any claim against the party terminating the agreement under this provision.
DUTY TO GIVE NOTICE AND DUTY OF INSPECTION
The Purchaser undertakes to inspect the product immediately upon receipt thereof and to complain about any defect within 8 (eight) days, at the latest, upon receipt. If the Purchaser fails to observe the said timelimit,
the Purchaser forfeits its right to give notice of defects.
PRODUCT LIABILITY
WIM FOOD is only liable for injury to persons or animals or for damage to property or real estate caused by the product provided such injury or damage is proved to be due to a defect or neglect on the part of WIM FOOD in the product delivered by WIM FOOD, and provided that the product can be proved to be defective, that the damage is due to the said defect, and that there is a causal connection between the injury or damage and the defect concerned.
WIM FOOD is not liable either for injury to persons or animals or for property damage, occurring while the product is in the Purchaser’s possession, nor for damage to products manufactured by the Purchaser, and incorporating the product. Further, WIM FOOD is not liable for any operating loss, loss of time, loss of profit, or any other indirect loss.
Further, WIM FOOD’s liability in damages in relaton to product liability is subject to a maximum corresponding to the invoice price for the defective product.
Should WIM FOOD be held liable beyond the aforesaid liability, the Purchaser shall indemnify WIM FOOD from and against any such liability. The Purchaser undertakes to take out required product liability insurance covering any such product liability which may be imposed on the Purchaser.
The Purchaser undertakes to be sued before the same court of law/arbitration tribunal hearing the issue on WIM FOOD’s product liability.
CHOICE OF LAW AND VENUE
Any dispute arising out of or in connection with deliveries from WIM FOOD is to be brought before and determined by the Court of Aalborg, Denmark, as the court of first instance, subject to the application of Danish law.
However, conflict of law rules referring to another choice of law and the International Sale of Goods Act (CISG) do not apply.
Old condition before 2025
1.DELAYED PICK UP OF THE CARGO
To avoid further demurrage and electrical charges at the port, WIM FOOD A/S reserve the right to resell the goods
to any other consignee if the container is not picked up within 10 days from arrival.
2. CLAIMS
The Buyer is responsible for the inspection of the delivered goods immediately upon receipt for any defects or
shortage. Claims after 14 days from arrival will not be accepted.
3. CANCELLATION OF ORDER
Cancellation after signed contract will not be accepted and any further cost will be hold by the consignee.
4. FORCE MAJEURE
WIM FOOD A/S shall not be held liable during circumstances i.e. war, riots, civil disorder, strikes, walk-outs,
blockades, lock-outs or if anything happen with the goods under the transport.
In connection with said circumstances, WIM FOOD A/S, shall be entitled to cancel the order without this being considered a breach of contract.
Any dispute between the parties involved shall be settled in accordance with Danish law.
Welcome to Wimfood!
These terms and conditions outline the rules and regulations for the use of Wimfood’s Website, located at wimfood.com.
By accessing this website we assume you accept these terms and conditions. Do not continue to use Wimfood if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of dk. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Cookies
We employ the use of cookies. By accessing Wimfood, you agreed to use cookies in agreement with the Wimfood’s Privacy Policy.
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
License
Unless otherwise stated, Wimfood and/or its licensors own the intellectual property rights for all material on Wimfood. All intellectual property rights are reserved. You may access this from Wimfood for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from Wimfood
- Sell, rent or sub-license material from Wimfood
- Reproduce, duplicate or copy material from Wimfood
- Redistribute content from Wimfood
This Agreement shall begin on the date hereof. Our Terms and Conditions were created with the help of the Free Terms and Conditions Generator.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Wimfood does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Wimfood,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Wimfood shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Wimfood reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Wimfood a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Wimfood; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Wimfood. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Wimfood’s logo or other artwork will be allowed for linking absent a trademark license agreement.
iFrames
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
Content Liability
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
