1.1 These supplier terms ("the Terms") apply to all purchases, orders, and rental agreements where Tourcare ApS, CVR 40697934 ("Tourcare"), buys, rents, or orders goods, equipment, transport, personnel, or services ("the Delivery") from a supplier ("the Supplier").
1.2 The Terms, together with Tourcare's purchase order, constitute the entire agreement. In the event of conflict, Tourcare's purchase order takes precedence over the Terms.
1.3 The Terms take precedence over the Supplier's own sales and delivery terms. The Supplier's terms, including conditions appearing on quotes, order confirmations, delivery notes, or invoices, are only valid if Tourcare has expressly and explicitly accepted them in writing. Tourcare's payment or receipt of a delivery does not constitute such acceptance.
2.1 An agreement is binding when Tourcare has issued a written purchase order, or when the Supplier has confirmed Tourcare's order. Verbal orders are only binding once confirmed in writing.
2.2 The Supplier must confirm an order without undue delay. If the order cannot be fulfilled as placed, including on time, the Supplier must immediately notify Tourcare in writing.
2.3 Amendments and additions to a placed order are only valid when agreed in writing.
3.1 Agreed prices are fixed, stated in Danish kroner (DKK), and exclusive of VAT.
3.2 The price covers all of the Supplier's services and costs connected to the delivery, including packaging, insurance during transport, customs and duties, unless otherwise agreed in writing. Transport and delivery are included unless expressly stated otherwise in the order.
3.3 Surcharges, fees, or additional costs are not reimbursed unless agreed in writing with Tourcare before they are incurred.
4.1 Delivery takes place at the location and time specified in Tourcare's purchase order. The agreed delivery time is binding and of critical importance, as deliveries typically form part of time-critical events that cannot be rescheduled.
4.2 Delay constitutes a material breach. The Supplier must immediately notify Tourcare as soon as there is a risk of delay, and provide the expected delivery time. Such notification does not release the Supplier from liability for the delay.
4.3 Risk of the delivery transfers to Tourcare upon Tourcare's physical receipt and approval at the delivery location. The delivery must be accompanied by a delivery note referencing Tourcare's order or project number.
4.4 If the Supplier delivers more, something different, or earlier than agreed, Tourcare may reject this at the Supplier's expense and risk.
5.1 If Tourcare rents equipment or materials from the Supplier, the delivered items must be operational, fully functional, clean, and delivered with all necessary accessories, cables, and documentation at the agreed time.
5.2 The Supplier bears responsibility for faults, defects, and breakdowns attributable to the Supplier's equipment or its condition at delivery. If the equipment fails for such reasons, the Supplier must immediately and at its own expense deliver fully functional replacement equipment.
5.3 During the rental period, Tourcare bears responsibility only for damage to the rented equipment caused by Tourcare's negligent handling. Normal wear and tear is not Tourcare's concern. The Supplier may not claim against Tourcare on the basis of new-for-old value where a reasonably depreciated value is appropriate, unless agreed in writing.
6.1 Invoices must reference Tourcare's purchase order or project number, be itemised per line of the delivery, and sent to the invoice address stated in the order.
6.2 Invoices without correct reference or itemisation may be rejected. The payment deadline under § 7 runs in that case from the date a correct invoice is received.
7.1 Payment is made net 30 days after Tourcare has received a correct invoice and the Delivery has been received and approved, unless otherwise agreed in writing.
7.2 Tourcare's payment does not constitute approval of the delivery and does not waive claims arising from delay, defects, or other breach.
7.3 Tourcare is entitled to set off any matured claim against the Supplier against payments to the Supplier.
8.1 The delivery must in all respects conform to what was agreed, be of customary good quality, fit for purpose, and comply with applicable legislation and relevant safety, CE, and regulatory requirements.
8.2 For purchased goods, the Supplier warrants the delivery for 24 months from delivery, unless a longer warranty follows from the agreement or law.
8.3 If the delivery is defective, Tourcare may at its own discretion require remedy or replacement without undue delay and at no cost to Tourcare, require a proportional reduction, or terminate the purchase for the defective part.
8.4 Tourcare's payment, receipt, or failure to inspect the delivery does not preclude Tourcare from subsequently asserting warranty rights.
9.1 In the event of the Supplier's delay or defects, Tourcare is entitled to uphold the agreement, require remedy or replacement, or terminate the agreement in whole or in part.
9.2 If the Supplier cannot deliver on time or free of defects, Tourcare is entitled to make a cover purchase from a third party. The additional cost, including higher price, extra transport, and extra personnel, is borne by the Supplier.
9.3 The Supplier is liable in damages for the loss Tourcare suffers as a result of the Supplier's breach, including direct losses and documented additional costs. The Supplier's liability is not limited to the order sum.
10.1 The Supplier is liable for damage to persons and property caused by the Supplier's delivery, equipment, products, or personnel.
10.2 The Supplier must throughout the term of the agreement maintain customary commercial and product liability insurance with coverage proportionate to the delivery, and must upon Tourcare's request document this.
10.3 The Supplier indemnifies Tourcare against any third-party claim arising from the Supplier's circumstances, including defects in the delivery or actions of the Supplier's personnel.
10.4 The Supplier's personnel and subcontractors must comply with applicable safety and conduct rules and instructions at the delivery and event location.
11.1 The Supplier may not, without Tourcare's prior written consent, delegate fulfilment of the agreement in whole or in part to subcontractors.
11.2 If the Supplier uses a subcontractor with consent, the Supplier is liable for the subcontractor's services and conduct as if they were its own.
12.1 The Supplier complies with applicable legislation, including tax, health and safety, employment, and environmental law as well as rules on anti-corruption and anti-money laundering, and conducts business responsibly.
12.2 The Supplier does not use child labour, forced labour, or otherwise act in violation of fundamental human rights.
12.2 The Supplier ensures that its own and hired personnel are remunerated and settled correctly and lawfully, including that fees and tax are reported in accordance with applicable rules. Tourcare may on request demand documentation of this.
12.3 Where Tourcare's customers impose requirements relating to labour, environmental, or corporate social responsibility, the Supplier is obliged to comply with equivalent requirements to the extent they have been passed on to the Supplier.
13.1 The Supplier treats all information about Tourcare, Tourcare's customers, events, artists, productions, and business matters as confidential, and uses it solely for the purpose of fulfilling the agreement. The confidentiality obligation includes, among other things, prices, contractual terms, and technical information.
13.2 The Supplier may not, without Tourcare's written consent, reference or promote itself on the basis of the collaboration with Tourcare or the events to which the delivery relates.
13.3 The obligation applies during the term of the agreement and for a period of three (3) years after the agreement ends, regardless of the reason. Disclosure is, however, permitted to the extent required by law or an order from a competent authority.
14.1 Rights to material custom-produced for Tourcare as part of the delivery transfer to Tourcare upon payment, unless otherwise agreed.
14.2 The Supplier warrants that the delivery does not infringe any third party's rights, including patents, trademarks, design rights, or copyright, and indemnifies Tourcare against claims arising from such infringement.
15.1 If the Supplier processes personal data on behalf of Tourcare as part of the delivery, a data processing agreement will be concluded, and processing will take place in accordance with applicable data protection legislation.
16.1 Tourcare may terminate the agreement in whole or in part upon the Supplier's material breach, including repeated or significant delay or defects.
16.2 Tourcare may also terminate the agreement if the Supplier becomes insolvent, enters into reconstruction, suspends payments, or otherwise becomes insolvent, to the extent permitted by law.
17.1 Any dispute between the parties shall be governed by Danish law. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
17.2 Disputes that cannot be resolved amicably shall be settled at Tourcare's home court as the proper venue.
These supplier terms are effective from June 2026 and supersede all previous versions.