1.          BACKGROUND AND SCOPE

1.1       These hardware terms ("Hardware Terms") govern any purchase of goods/ hardware (the "Goods") by a customer (the "Customer") from Qorder ApS ("Qorder").

1.2      The Customer and Qorder (each a "Party" and jointly the "Parties'') have entered into an agreement governing the Customer"s purchase and use of Qorder"s Fresto solution and services (the "Customer Agreement"). These Hardware Terms form part of the Customer Agreement, and the full terms of the Customer Agreement shall also apply to these Hardware Terms. All definitions in the Customer Agreement shall have the same meaning in these Hardware Terms unless something else is explicitly stated herein.  

1.3      These Hardware Terms, together with the Customer Agreement constitute the entire agreement and understanding between the Parties relating to the subject matter. Each of the Parties acknowledges and agrees that in entering any purchase order for Goods to be delivered by Qorder (an "Order") it has not relied on (or has been induced to enter into any Order by) any statement, representation, warranty or understanding made prior to these Hardware Terms. Nothing in this clause excludes any liability for fraudulent misrepresentation.

2.         DESCRIPTION OF GOODS

2.1       The Goods cover all physical products offered, sold and delivered by Qorder or Qorder"s partners, including, but not limited to, payment terminals, printers, tablets and tablet stands.

2.2       Any samples, drawings, descriptions or illustrations contained in Qorder"s published materials (including on Qorder"s websites), are issued or published solely to provide the Customer with an approximation of the Goods they describe; they do not form part of the contract between the Parties for the sale of the Goods and are subject to correction, without any liability of Qorder. Qorder may make minor changes, which do not materially affect the performance of the Goods, to the specification of the goods at any time and without notice.

2.3       The images of the Goods shown in the electronic or printed catalogues are for illustrative purposes only. Variations in the colour due to photography, publishing or the Customers computer"s display can occur. The Customer acknowledges that the order is placed at the Customer's own risk if, for example, the colour, shade representation, dimensions or texture of the goods differs from the image in the published materials.

2.4       If Qorder discovers an error in the price of the Goods the Customer has ordered (e.g., the incorrect price displayed in one of its catalogues, online or in any other materials or media), Qorder will contact the Customer to inform them of this error and offer the Customer the option of continuing the purchase of the Goods at the correct price or cancelling the Order. Please note that Qorder does not have to provide the Goods to the Customer at an incorrect price.

2.5       The Customer must read labels, warnings and directions provided with the Goods before use.

2.6       Qorder does not accept responsibility for any drawing, design, measurement or specification not prepared by its in-house design team.

3.         FORMATION OF ORDER AND ACCEPTANCE HEREOF

3.1       Orders can be placed through Qorder"s order form, or through e-mail.

2.       When placing an Order, the Customer will receive an email from Qorder acknowledging receipt of that Order. Where the Customer has not supplied their email address with the Order, but Qorder holds an email address for the Customer in Qorders" system, Order acknowledgement will be sent to that email address. If Qorder does not hold an email address for the Customer, Qorder will send the Order acknowledgement by normal post.

3.3       Qorder reserves the right to refuse an Order for any reason at its sole discretion.

3.4       Please note that certain Goods and promotions are only available in Denmark and, as such, may be unavailable in the region or country from which the Customer is accessing the Solution, Services and/or published materials.

4.         DELIVERY

4.1       Delivery is made with a variety of carriers, including, but not limited to, GLS and PostNord. The delivery price depends on geographical location, the character of the product in question, weight, size etc. The price of transportation is stated at the time of purchase of the individual item.

4.2       The risk of the Goods shall pass to the Customer when the Goods are delivered to, or collected by the Customer.

4.3       Dates for delivery of the Goods are estimates only and are subject to Qorder"s availability schedule. Qorder shall make every reasonable effort to meet the delivery date mutually agreed upon but shall not be liable for failure to meet such date.

4.4       Qorder will deliver the Goods to the designated address in the Order, or such other address as agreed, which will be confirmed on the Order acknowledgement. The Customer should ensure that the Customer or a trusted representative is physically present at the time of delivery. Qorder will presume that any person at any address the Customer specify has the authority to receive the Order on the Customer's behalf.

4.5       If Qorder is unable to deliver the entire Order, as previously agreed, due to operational reasons/shortage of stock, it will deliver the Order in installments. There will be no additional delivery cost for this. Where Qorder exercises its right to deliver the Order in installments, the original contract shall be deemed varied and divided into separate contracts for each instalment.

4.6       Qorder may, at its sole discretion, accept or reject any requests for amendments to Orders prior to despatch.

5.         ACCEPTANCE OF GOODS

5.1      Upon the arrival of the Goods at the agreed destination, the Customer shall have the right to examine the Goods before accepting delivery. Such inspection shall be made immediately, and any damage or possible damage should be noted with the carrier before signing for the package. If no damage is noted upon arrival of the Goods at their destination, the Customer shall be deemed to have accepted them.

5.2       By accepting delivered Goods, the Customer waives any claims or defences based upon defects in the Goods that the Customer knew of, or reasonably could have discovered by carefully examining the Goods.

5.3      The Customer agrees that if it accepts the Goods tendered under these Hardware Terms and the Customer Agreement, such acceptance shall be deemed acknowledgement by the Customer that the goods satisfy all Qorder"s obligations. The Customer may not revoke its acceptance for any reason whatsoever.

6.         PAYMENT AND FEES

6.1      The prices for Goods shall be those set forth in Qorder"s proposal. All prices are exclusive of taxes, impositions and other charges, including, but not limited to, sales, use, excise, value added, and similar taxes or charges imposed by any government authority.

6.2     The payment and payment terms for Goods are stated in the Customer Agreement.

7.         TITLE RETENTION

7.1        Title in the Goods shall not pass to the Customer until both: (i) payment is received by Qorder for the Goods; and (ii) no other amounts are outstanding from the Customer to Qorder in respect of any other Goods, Solution or Services that it supplied to the Customer.

7.12       Qorder can recover any Goods where ownership has not passed to the Customer in accordance with clause 7.1 at any time. The Customer agree to, immediately following written request from Qorder, allow access to the Goods (and to such premises as are required to access the Goods) in order to facilitate such recovery by Qorders’s representatives.