Terms and Conditions

The following terms and conditions of sale and delivery shall apply to all quotations, sales and deliveries regardless of eventual contradictory or diversifying terms specified in the customer’s order or acceptance, unless an equivocal agreement has been made in writing.

 

Last updated 20 October 2026

1. Quotations, orders and acceptance

Orders and acceptance of quotations can only be accepted in writing and are binding on the part of the customer. Execution of an order is only binding on the part of Westpack when a written confirmation of order has been received by the customer. Unless the customer has informed WESTPACK of any discrepancies in the written confirmation of order, within three days of receipt, the confirmation of order will be considered to be concordant with the customer’s order. Quotations from WESTPACK, which do not specify a particular acceptance date, will be rendered invalid in the event that an uncontradictory acceptance is not received by WESTPACK within a maximum of 30 days from the date on the quotation.

2. WESTPACK’s obligations

WESTPACK is obliged to supply the goods specified in the written confirmation of order. WESTPACK will, in reference to these terms and conditions of sale and delivery and any specially agreed conditions, supply goods or services of normal quality in respect of materials, manufacture, handling, packaging and storage. WESTPACK reserves the right to supply up to 10% more or less than the order specifies and to invoice the customer for the amount supplied. Unless forms, drawings, clichés, etc. have been supplied by the customer, these shall remain property of WESTPACK, regardless of who has paid the cost of the material. Regardless of ownership, forms, drawings, clichés, etc., will only be stored for a period of three years from the last supply date for goods to which the material is used. If the customer requests samples, sample prints, drawings, etc., WESTPACK will invoice the customer for these services.

3. Supply and delivery time

Goods are delivered according to the INCOTERMS© in force at the time in question. The specific delivery terms are stated in the order confirmation from WESTPACK. WESTPACK may arrange transport of the goods on behalf of the customer. The total transportation costs will be invoiced to the customer according to volume and weight. Delivery dates are given in calendar weeks and are determined by WESTPACK taking into account the conditions at the time of confirmation of order. WESTPACK reserves the right to alter delivery dates if the prevailing conditions are changed in any way. In such case, WESTPACK will inform the customer of any such alteration and the reasons for such. If the customer owes WESTPACK overdue payment for any previous supplies, WESTPACK will not be obliged to deliver any further goods or services until the overdue balance is paid. This applies regardless of any confirmation of order sent by WESTPACK to the customer. WESTPACK’s obligation to supply goods or services will not be restored until after any overdue balance has been settled. If any delay in delivery has been caused by force majeure (clause 13), the delivery date will be delayed by the amount of time caused by the source of the delay. If delivery of goods is delayed for a period exceeding 12 months, the customer or WESTPACK has the right to cancel the order without incurring any liability towards the other party. This condition will apply regardless of the reason for the delay.

4. Claimant’s default

If a customer does not take delivery of the goods after the agreed delivery date, or if the customer requests that delivery be delayed, WESTPACK retains right to store the goods at the customer’s own risk and expense. If delivery is delayed because of changes in prevailing conditions on the part of the customer - unless otherwise specified by WESTPACK in writing - the customer shall be liable for all payments to WESTPACK on the dates agreed in the written order confirmation. lf the customer for any reason, despite written requests from WESTPACK, fails to take delivery of any goods, even in the event that the goods in question have been specially manufactured on behalf of the customer, WESTPACK retains the right to sell the goods in question at the best possible price or discard the goods at the customer’s expense.

5. Prices

All prices include packaging but are excl. of VAT or other applicable taxes. WESTPACK reserves the right to alter any price prior to delivery in the event of any increase in material costs, sub-contract costs, taxes, duties, wages or exchange rates resulting in increased costs for WESTPACK. If the goods specified on the order are altered in any way or if the costs are increased in any way as a result of any alterations to the original specified product requested by the customer, WESTPACK reserves the right to alter the agreed price accordingly.

6. Terms of payment

Terms of payment, calculated from the date of invoice, are specified in the written confirmation of order. If payment is not received by the due date, WESTPACK reserves the right to charge interest at the rate of 2% per calendar month from the date that payment was due. Payment cannot be made by setting payments off against any amount owed by WESTPACK.

7. Retention of title

Westpack keeps ownership of the goods until the customer has paid the full purchase price for those goods, including VAT, interest and costs. This retention of title covers only the goods in each specific delivery. It does not secure any other amounts the customer owes Westpack. Until ownership passes, the customer must: (a) keep the goods separate from other goods and clearly marked as Westpack's property; (b) not resell, process, mix, pledge or otherwise deal with the goods; and (c) tell Westpack immediately if a third party seizes the goods or tries to enforce against them. If the customer does not pay on time, Westpack may take back the goods after giving written notice. The customer must give Westpack access to the goods for this purpose. When Westpack takes back the goods, the parties will settle the account. Westpack will credit the market value of the returned goods against the amount owed. Risk in the goods passes to the customer on delivery, whether or not ownership has passed. This retention of title is agreed before delivery. It applies to every sale on credit made under these terms.

8. Shortages, right of complaint and returns

The customer is obliged to check the goods immediately upon receipt. In the event that the goods supplied are not of the agreed quantity or of usual and agreed quality in respect of material, manufacture, etc., the customer must give notice to WESTPACK no later than 48 hours after delivery. For latent defects, not immediately identifiable, the customer must give notice immediately upon discovery and in any event no later than one (1) year from the date of receipt of the goods. Any claim notified after this period is excluded. WESTPACK will, at their own discretion, rectify the fault, exchange the goods or issue a credit note to the customer. These remedies are the customer's only remedies for defects, subject to the limitation of liability clauses. Goods are returned to WESTPACK at the customer’s own risk and expense. WESTPACK is not responsible for damage to goods caused by improper handling, transport, storage or any other neglect by third parties out with WESTPACK.

9. Product reference

WESTPACK reserves the right to exploit custom-made products as reference at fairs, in catalogues and at websites. WESTPACK must have written notification from the customer that the custom-made product has been made for, if the reference use cannot be accepted.

10. Custom-made designs

Unless otherwise stated, all intellectual property rights to packaging designs, drawings, photos, and samples belong to WESTPACK. In case the customer wishes to engage another supplier for the custom-made design made by WESTPACK, WESTPACK shall consent hereto in writing. Further, WESTPACK reserves the right to invoice any costs connected with development of designs and samples to the customer.

11. Limitation of liability

WESTPACK’s total liability towards the customer for loss and damages arising in connection with the delivery of goods shall be limited to the agreed total price of the goods to which the claim for damages relate; WESTPACK shall not be liable to the customer for any operational loss, loss of profit, loss of business or depletion of goodwill whether direct, indirect or consequential, resulting from defects, delay or shortages in delivery.

12. Product liability

In the event of damage to goods, which according to type have been designated for commercial use, WESTPACK will be responsible subject to the following conditions. WESTPACK will not be responsible for any damage exceeding the maximum coverage of our product liability insurance as in force from time to time. WESTPACK is not responsible for damage to products manufactured by the customer or products containing products manufactured by the customer unless responsibility can be allocated to WESTPACK according to the applicable product liability legislation. WESTPACK will only be responsible according to applicable product liability legislation. WESTPACK is not responsible for damage to other property or movables caused while the goods are in the customer’s possession. WESTPACK shall not be liable for operational loss, loss of profit or other indirect losses resulting from WESTPACK’s product responsibility. If WESTPACK is imposed by court decision any product liability to a third party, the customer is obliged to indemnify WESTPACK for any losses. In the event of personal injury caused by a product and in the case of damage to goods, which are not normally used for commercial purposes, WESTPACK will be responsible in accordance with the valid Danish Goods and Services Liability legislation. If a third party makes a claim naming one of the parties as responsible, the party receiving the claim is obliged to immediately inform the other party. The customer shall let himself be summoned to the court examining claims for damages lodged against WESTPACK on the basis of damage allegedly caused by the goods delivered. Damages for personal injuries can never exceed the level of damages being in force according to Danish law.

13. Force Majeure

WESTPACK cannot be held responsible for shortages or delays in delivery caused by war, riots, civil unrest, governmental intervention or intervention by another public authority, fire, machine damage, strike, lockout, export and/or import restrictions, epidemics, shortage of labour, fuel or any other reason, which lies outwith the control of WESTPACK, and which causes delay or prevents fabrication, or delivery of the goods ordered.

14. Law and venue

All disputes between the parties, which cannot be settled amicably, shall be settled in a Danish court applying Danish law, except from CISG as far as this is a part of Danish law. Any dispute shall be settled in Denmark either by WESTPACK’s venue or by arbitration at WESTPACK’s option. If WESTPACK chooses to settle any dispute by arbitration, court of arbitration shall consist of 3 members, who shall be appointed by the President of Western Division of the Danish High Court. One of these members – the chairman – has to fulfil the conditions being adjudicator, whereas the other two members shall be professionally qualified concerning the subject matter of the dispute.