Terms of Sale and Delivery

A.  Introduction1. The following terms and conditions of sale and delivery apply to all agreements forthe sale and delivery of goods and services (the "Product") between ID unlimited ApS, CVR-nr. 46476689, Blytækkervej 15, 8800 Viborg ("Jet Sport ApS") and acustomer ("Customer"), regardless of any conflicting or additional terms and conditions in Customer's purchase order, general purchasing conditions or other communication from Customer. No such conflicting or additional terms and conditions shall be deemed accepted by Jet Sport ApS unless expressly confirmed in writing by Jet Sport ApS.

2. These terms and conditions therefore form an integral part of any order placed by the Customer.

B. Offers
1. Written offers made by Jet Sport ApS are valid for 30 days from the date of the offer (letter or email), unless otherwise agreed in writing. After expiry of this deadline, Jet Sport ApS' offer automatically lapses. Offers made orally must be accepted immediately.

2. Jet Sport ApS reserves the right, also within the 30 days, to make price adjustments in submitted offers with immediate effect.

3. Jet Sport ApS also reserves the right to change any delivery time and date stated in the offer if the Customer does not confirm the offer within one working day.

4. Delivery agreement exists when the Customer has accepted an offer in writing via the webshop, or otherwise when Jet Sport ApS has sent an order confirmation to theCustomer.

C. Price
1. All prices are net prices excluding, among other things, VAT, taxes, delivery costs, freight and similar.

2. Information and prices provided by Jet Sport ApS in brochures, catalogues, price lists, advertisements on the Internet or orally are of an indicative nature only, which is why the Customer can only invoke the content of individual offers as the basis for anagreement.

3. Additionally, offer prices do not include the following:

  • Costs for creative presentations and original material unless agreed in writing.
  • Costs for extra work that Jet Sport ApS must perform due to missing, unsuitable or defective material received from the Customer.
  • Costs for corrections in a presentation/materials after submission of the offer.
  • Costs for overtime, freight or similar as a result of circumstances beyond Jet Sport ApS's control.

D. Delivery
1. Delivery is ex works, cf. Incoterms 2020, unless otherwise expressly agreed in writing.

2. The delivery times stated in the offer, or an order confirmation are indicative unless a fixed delivery time has been expressly agreed in writing.

3. If a fixed delivery time has been expressly agreed, Jet Sport ApS is entitled to extend it by 15 working days from the agreed delivery date. However, Jet Sport ApS is obliged to notify the Customer in writing of the delay without undue delay when Jet Sport ApS becomes aware of it. The Customer may not exercise any remedies for breach of contract until after the expiry of the extended delivery time. If the extended delivery time  isexceeded, the Customer is entitled to terminate the agreement if Jet Sport ApS has not delivered the Service within an additional period of at least 15 working days set by the Customer in writing.

4. If nothing has been expressly agreed regarding delivery time, this is determined unilaterally by Jet Sport ApS.

5. If Jet Sport ApS' delay in delivery is due to force majeure, cf. section L below, or due to the Customer's act or omission, the delivery time is extended accordingly for Jet Sport ApS. The delivery time shall be extended even if the cause of the delay occurs after the expiry of the originally agreed delivery time.

6. In addition to the right to cancel the order, as stated in section 3 , the Customer,regardless of whether the agreement is maintained or cancelled, is precluded from asserting other remedies for breach of contract, including liability for damages, proportionate reduction or the like, in connection with Jet Sport ApS' delay. Thus, the Customer has no further claims against Jet Sport ApS under any circumstances as a result of any delay.

E. Terms of payment
1. Unless otherwise agreed in writing, payment must be made net cash.

2. Jet Sport ApS is entitled to charge interest at 2% per current month as well as reminder fees, any collection costs, etc. in accordance with the legislation in force at any time.

3. If there may be a financial outstanding between the Customer and Jet Sport ApS as a result of the Customer not yet having paid an invoice sent by Jet Sport ApS, Jet Sport ApS is entitled to refrain from commencing production of an order subsequently placed by the Customer until any financial outstanding balance has been paid by the Customer. In addition, Jet Sport ApS is entitled to exercise retention in any asset, including logo files,clothing, etc. belonging to the Customer, as security for the Customer's full payment including interest and costs of any outstanding balance with Jet Sport ApS.

4. Jet Sport ApS credit insures the Customer. To the extent that it may not be possible tocredit insure the Customer or the conditions for this change in a negative direction for Jet Sport ApS, Jet Sport ApS is, regardless of agreed payment terms, unilaterally entitled to demand prepayment of any order sum before the execution of an order iscommenced or require collateral, cf. section G below.

F. Property rights
1. Both the material as well as the intellectual property rights to the preparatorywork/layouts and original materials prepared by Jet Sport ApS belong to Jet Sport ApS and may not be transferred to third parties without written agreement. All intermediatematerial, including frames, films and other - not supplied by the Customer - remains Jet Sport ApS' property at all times.

G. Collateralisation
1. Jet Sport ApS is at all times, including after an order has been placed, entitled to demand satisfactory security for Jet Sport ApS' total costs in connection with the agreement.

2. If Customer fails to provide the required security, Jet Sport ApS is entitled to immediately stop work and cancel the agreement without further liability for Jet Sport ApS. In such a situation, the Customer is also liable for any costs incurred by Jet Sport ApS as well as Jet Sport ApS' loss of earnings as a result of the cancellation.

H. Duty of Inspection and complaints
1. Immediately upon receipt of the Product, and before the Product is put into use, the Customer is obliged to check and test the Product to ensure that the Product is not defective. In the event of defects, the Customer is obliged to immediately complain in writing to Jet Sport ApS, stating the nature and extent of the defect. If a Product is used or washed, this is accepted by the Customer. To the extent that the Customer, as a result of the completed inspection and testing of the Product, should have discovered thatthere were defects in the Product, it is then not possible to make defect claims against Jet Sport ApS.

2. If the Customer finds that the Product is defective, the Customer is obliged to submit a written complaint to Jet Sport ApS immediately and no later than 5 working days afterthe time of delivery, stating the exact nature and extent of the defect.

3. In the event of defects which, despite inspection and testing, can only be detected at a later date, the Customer must submit a complaint immediately after the Customer could or should have detected the defect and no later than three months afterdelivery has taken place.

4. If such complaints are omitted, the Customer loses its right to assert claims regarding such defects.If a complaint is made too late, but Jet Sport ApS nevertheless enters into substantivenegotiations with the Customer in connection with the complaint made, this is done in all cases without prejudice, and Jet Sport ApS is thus not precluded from subsequently invoking that the complaint was made too late.

I. Defects
1. Jet Sport ApS delivers the Product to Customer based on samples and standards, data sheets and specifications received from Customer.

2. The Customer is obliged to thoroughly check the proofs, proofs, sample embroidery or digital presentations of the Products sent. To the extent that there may be errors herein that are not corrected by the Customer, Jet Sport ApS is exempt from liability in any context and the Customer is furthermore obliged to pay the full price for the Product as agreed.

3. Jet Sport ApS is entitled to a quantity deviation of plus/minus 5% for quantities of 100 pieces or more.

4. In the event of a timely complaint for defects in the delivered product, whichJet Sport ApS recognises, Jet Sport ApS is entitled, at its own discretion, to redeliver or carry out a remedy. Rectification or redelivery is done by the Customer returning the defective product to Jet Sport ApS at its own expense and risk, unless it is agreed inwriting that return is not necessary. Jet Sport ApS then remedies or redelivers thedefective Product, which is done by making the Product available to Customer at the originally agreed delivery location.

5. To the extent that the Customer or third parties, for whom Jet Sport ApS is notresponsible, are responsible for applying the logo etc. themselves Jet Sport ApS is not responsible for the logo etc.

6. If the Customer has complained in a timely manner about defects in the delivered goods and it turns out that there is no defect, Jet Sport ApS is entitled to compensation for the work and costs incurred by Jet Sport ApS in addition to the purchase price.

7. If Jet Sport ApS does not fulfil its obligations to remedy within a reasonable time, the Customer may give Jet Sport ApS a final deadline for fulfilment, however, at least 15working days. If the obligations are not fulfilled before the expiry of the set deadline, or remediation is not possible, the Customer may terminate the agreement bywritten notice to Jet Sport ApS.

8. In addition to the right to cancel the agreement, the Customer, regardless ofwhether the order is maintained or cancelled, has no further remedies for defects, including compensation or proportionate reduction to Jet Sport ApS in the event of defects.

J. Product liability
1. For product liability, Jet Sport ApS is only liable to the extent that Jet Sport ApS has insurance coverage for the defect in question. Jet Sport ApS' at any time applicable terms forinsurance coverage for product liability will be forwarded upon request from the Customer.

2. Customer shall indemnify Jet Sport ApS to the extent that Jet Sport ApS is held liable to a third party for such damages and/or losses for which Jet Sport ApS is not liable under the above provisions. The Customer is obliged to be sued in the same court if the third partybrings legal action against Jet Sport ApS on the basis  of damage allegedly caused by the object of sale.

3. Jet Sport ApS can never be liable for operating losses, loss of time, loss of profit, daily penalties, consequential damages, lost earnings or any form of indirect loss.

K. General Limitations of Liability
1. Jet Sport ApS can never be liable for operating losses, loss of time, loss of profit, daily penalties, consequential damages, lost earnings or any form of indirect loss.

2. Jet Sport ApS cannot be held liable for any damage or any defect that may result from Customer's incorrect, inappropriate or careless use or treatment of the Service.

3. Jet Sport ApS does not provide any guarantees unless this is expressly stated in writing in the agreement concluded between Jet Sport ApS and the Customer.

4. If Jet Sport ApS has given a warranty to the Customer, the warranty coverage does not include any incorrect use in relation to the instructions for use provided with the Product or Jet Sport ApS' instructions. A warranty given by Jet Sport ApS also lapses if the Product is modified, serviced or attempted to be repaired by anyone other than Jet Sport ApS or a repairer authorised by Jet Sport ApS.

5. Jet Sport ApS is not liable for Customer's infringement of third party intellectual property rights including design, copyright, trademarks or the like. In the event that a third party may make Jet Sport ApS for infringement of third party rights, the Customer must fully indemnify Jet Sport ApS for all costs, claims and damages resulting therefrom.

6. The Customer is responsible for products entrusted to Jet Sport ApS. The Customer isobliged to have such products insured, and Jet Sport ApS may only be liable for damage to such products, including in particular products on which Jet Sport ApS performsprocessing, which may be due to Jet Sport ApS' or persons for whom Jet Sport ApS is responsible for gross negligence.

7. Jet Sport ApS' total liability for any claim arising out of the agreement or in connection with the Product, and regardless of whether the claim is based on contract, tort,indemnity, statute or otherwise, shall be limited to the total amount paid or payable by the Customer for the relevant Product.

L. Force majeure
1. Jet Sport ApS is in any case exempt from liability for non-performance or delayedfulfilment of the agreement when the delay or non-performance is due to externalcircumstances over which Jet Sport ApS has had no influence and could not foresee at the time of entering into the agreement, including, but not limited to, pandemics, strikes, lockouts, fire or water damage, machine or IT breakdowns, natural disasters, unforeseen changes in transport conditions or similar, shortage of goods or other situations attributable to force majeure.

2. Conditions at Jet Sport ApS' subcontractors and/or business partners, including delays and defects as well as machine or IT breakdowns, which mean that Jet Sport ApS is unable to fulfil its obligations to the Customer, are also considered force majeure.

3. Jet Sport ApS will in such cases perform delivery as soon as the situation and circumstances allow.

4. If Jet Sport ApS wishes to invoke any of the circumstances mentioned, the Customer must be informed as soon as possible of which event has occurred and when it is expected to end.

5. Notwithstanding what otherwise follows from these terms of sale and delivery,Jet Sport ApS as well as the Customer may, however, terminate the agreement by written notice to the other party if the fulfilment of the agreement is prevented for morethan 6 months by an event as mentioned in this point L.

M. Subcontractors
1. Jet Sport ApS is at all times entitled, in whole or in part, to have the order executed by a subcontractor.

N. Confidentiality
1. The agreement is confidential.

2. Unless otherwise provided by mandatory statutory provisions, stock exchange rules or final court decision, a Party is not entitled to use confidential information (meaning business, financial, technical or other information which is not generally known or available and which the receiving Party cannot prove to have received lawfully from a third party not under an obligation of confidentiality) for any purpose other than the performance andfulfilment of the Agreement. The receiving Party must store the received confidentialinformation according to the same standard used to protect its own confidential information of the same importance. A Party shall also not disclose to third parties (other than to its external advisors, employees and subcontractors subject to the same obligation ofconfidentiality where necessary to fulfil the permitted purpose and to its group companies subject to the same obligation of confidentiality for the purpose of facilitating their contract negotiations with the disclosing Party and/or its group companies) or publish suchconfidential information received by such Party in connection with this Agreement.

O. Settlement of disputes
1. The Agreement shall be governed by and construed in accordance with Danish law except for (a) rules that lead to the application of law other than Danish law, and (b) the United Nations Convention on Contracts for the International Sale of Goods (CISG).

2. Any disputes that may arise between Jet Sport ApS and the Customer shall be settled by the competent court at Jet Sport ApS' place of jurisdiction.