Cooperation entered into between:
hereinafter referred to as the Customer
Københavnsvej 106, H-3
The Agreement relates to
The Agreement is applicable to the following tasks:
__ Declarations with VAREFAKTA (including random checking)
__ Packaging evaluation, evaluation of labelling, illustrations etc.
text on existing packaging
__ Drawing up of declarations without VAREFAKTA and without random checking
__ Evaluation of text in adverts and/or on websites
__ Advice regarding labelling on menus
__ Other advice regarding labelling
__ Evaluation of the item in relation to the criteria for other labelling
__ Calculation of the ’fat levy’
__ Other, specify________________________________
Varefakta’s working languages are Danish and English and any translations to and from other languages will be by agreement with the customer and at their expense.
The items Varefakta provides advice on shall be marketed in the following countries:
Varefakta translates mandatory phrasing to the above marked languages and make sure that the phrasings are correct by checking this at the following proof-reading. Translations other than mandatory phrasings on the packaging or in the informative label will be taken care of by the customer, alternatively at a translation bureau according to a special agreement with the customer and at the customer’s expense
The following applies to packaging inspection:
Varefakta must have a sample of the item and the entire packaging, i.e. text, illustrations and the declaration.
Packaging text in languages other than Danish and English must be translated into Danish, at the customer’s expense, before work is commenced.
During the inspection, any conditions which may mean that it is illegal to sell the item in the country where it will be marketed (according to countries ticked off on page one of this agreement) will be highlighted. The packaging will be inspected to ensure that formal legal requirements have been complied with. The packaging will also be inspected for any misleading and illegal claims. Please be aware that Varefakta does not approve the packaging but merely has an advisory function on the basis of the submitted material.
Attention is drawn to the fact that Varefakta is not an authority and in evaluation matters it may be the case that the conclusions reached by the authority carrying out the evaluation may be different to those reached by Varefakta.
The following applies to the drawing up of declarations:
The Customer must complete the applicable specification form in all instances. The form can be found at www.varefakta.dk. A password is obtained by contacting Varefakta.
The specification form is attached to the necessary documentation as indicated on the aforementioned form.
The use of series names
As a rule, series names are not included as part of the product description in VAREFAKTA.
In cases where the series name is included as part of the product description in VAREFAKTA, this does not mean that Varefakta has approved the series name or is able to vouch for the value the consumer may attach to the product if the series name happens to appear misleading.
Varefakta’s prices appear on the applicable price lists at any given time announced on www.varefakta.dk. Prices are regulated every year on January 1.
By signing this agreement Varefakta’s enclosed standard conditions are accepted as incorporated in the agreement.
Revised April 2012
Appendices, if the Agreement relates to VAREFAKTA: Conditions governing the use of VAREFAKTA on products.
If the present agreement relates to VAREFAKTA, the Customer undertakes to familiarise himself with and comply with the applicable “Conditions for the use of VAREFAKTA” at all times.
Rights, including the results of the task
The Customer is the sole proprietor of the result of the task. Know-how developed by Varefakta and observed in connection with performance of the task can be used freely as if it were common knowledge upon completion of the task.
Tasks are performed on a ‘services on a time and materials basis’ unless it has been agreed to the contrary. Invoices are issued monthly in arrears for ongoing part-deliveries in the same way as overall deliveries.
Payment is 15 days from the invoice date.
If payment is made later than the specified deadline, interest will be accrued at the rate of 2% per month commenced.
The applicant cannot, by submitting alleged counterclaims, withhold any amounts due to Varefakta.
If the Customer wishes specially itemised invoices, this work is invoiced at the applicable assistant’s hourly rate.
The Customer undertakes to carefully examine the result of the task performed immediately upon its receipt to ensure that it is in accordance with the Agreement. Claims in respect of any deficiencies in relation to the task should be submitted in writing and without any unsubstantiated delay. Should the Customer fail to do this, he shall forfeit the right to submit a valid claim.
Rules on liability
The rules on liability outlined below reflect the parties’ intentions regarding the apportionment of risk in relation to the work performed by Varefakta on behalf of the Customer, see the point “The Agreement is applicable to the following tasks”.
At the time of writing, within the insurance sum Varefakta has at its disposal at any given time, Varefakta is only liable for damages in respect of work it has carried out itself pursuant to the general rules of Danish law. However, Varefakta’s liability only covers liability for damages that arise as part of Varefakta’s work under the working conditions presupposed by the present agreement and under the correct use of the work performed by Varefakta. Under no circumstances can Varefakta be held liable for damage or losses arising as a result of changes or additions made by the Customer or other processing of Varefakta’s work unless Varefakta has given its express permission for this. Under no circumstances can Varefakta be held liable for damage or loss attributable to conditions arising after Varefakta has provided its services to the Customer.
Insofar as a claim for damages partially or entirely exceeds the insurance sum that Varefakta has its disposal at any given time under the terms of its liability insurance, Varefakta disclaims any such liability for damages exceeding the insurance sum Varefakta has at its disposal in respect of the Customer or subsequent downstream market.
If the liability for damages happens to be imposed on Varefakta by a third party, Varefakta is entitled to claim reimbursement for indemnity, court costs, etc. from the Customer immediately insofar as this indemnity, court costs etc. exceed the insurance sum Varefakta has at its disposal at any given time at the time of notification under the terms of its liability insurance.
Notwithstanding the above, under no circumstances can Varefakta be held liable for damages in respect of the Customer’s operating losses, loss of time, loss of profits or other indirect losses. The Customer is also obliged to hold Varefakta indemnified for all such losses above that may be submitted against Varefakta by a third party.
If, in the Customer’s marketing material including declarations containing the Varefakta label, any declarations of guarantee towards the Customer’s customers or subsequent downstream markets must not give the impression that Varefakta can be held liable for the guarantee obligation and, under no circumstances, will Varefakta be held liable for pledges, guarantees etc. given by the Customer or subsequent downstream markets.
Competent jurisdiction and applicable law
Any disputes between Varefakta and the Customer, including those relating to the terms of the present Agreement, shall be decided in accordance with Danish law with the Danish courts as competent jurisdiction.