General Terms and Conditions for MinkPolice and TrapSensor, products under Alert House ApS.
Introduction
The following terms and conditions apply to all offers, deliveries, and orders, unless otherwise agreed in writing between the parties. Special terms and conditions specified in the Buyer’s order are not valid unless Alert House ApS has accepted the special terms and conditions in writing.
Offers/Prices
Prices are excluding VAT. Possible supplements will be stated in the offer. Prices are only valid if a written agreement exists.
Delivery conditions
Unless otherwise agreed in writing, delivery is FOB when the Buyer’s address is inside the EU, DAP when the Buyer’s address is outside the EU. The absence of any instructions from the Buyer, means of transport and route will be chosen by Alert House ApS using the best estimate. Alert House ApS is not liable for any losses a Buyer may have as a result of late delivery, regardless of the cause of the delay.
Duty of inspection/complaint
Immediately upon receipt of the devices, and before the devices are used, the Buyer shall investigate the devices in order to ensure that there are no defects and deficiencies in the delivery.
Claims for defects and deficiencies, which should be identified in the above-mentioned investigation, must be sent within 5 calendar days after receipt of the devices. If a claim relating to such defects and deficiencies is not sent within 5 calendar days, the customer forfeits its right to complain to Alert House ApS about such defects and deficiencies.
Packaging
Alert House ApS ships the devices in proper packaging to ensure that the shipments arrive safely.
Payment terms
Alert House ApS’ payment terms are advance payment unless otherwise agreed in writing. The Buyer is not entitled to withhold payment due to any counterclaims, which Alert House ApS has not acknowledged in writing. By late payment, 2% interest per commenced month from the due date is charged. If the Buyer does not comply with the agreed payment terms, Alert House ApS is not committed to any subsequent/remaining deliveries. Subscription is paid 1 year in advance. In case of any overdue payments of invoices sent from Alert House ApS, Alert House ApS is entitled to pause any prolongation of subscriptions.
Warranty
Alert House ApS assumes – as far as possible and for a maximum of:
- 12 months for business customers
- 24 months for consumers (direct sales to end-users, + 12 months extended manufacturer’s warranty for MinkPolice models MP10 and MPX)
From the date of delivery, the obligation to correct errors or defects in the devices supplied if the devices prove to have errors or defects, and the errors or defects can be proved to be Alert House ApS’s responsibility, with the following limitations:
- The Buyer’s allowance granted for possible errors or defects can never exceed the price of the delivered Alert House ApS devices, unless otherwise agreed in writing.
- The obligation shall be void in case of improper storage and incorrect installation/application.
Alert House ApS is not responsible for any damage or costs incurred as a result of failure in the TrapSensor or MinkPolice modules or the TrapSensor or MinkPolice software, regardless of the nature of the failure. Such costs also include unexpected SIM card costs due to software failure in either the TrapSensor or MinkPolice module hardware or the TrapSensor or MinkPolice server software, including server breakdown.
Product Liability
For damage to persons or property as a result of errors or defects in the devices provided, Alert House ApS is liable under the applicable Product Liability Act.
Return of goods
Return of devices due to complaints can only be done after prior agreement with Alert House ApS. The Buyer is obliged to protect the returned devices in a proper manner in order not to incur further damage to the items. If the devices are not returned in a proper manner, Alert House ApS is entitled to reject it.
Disposal of goods
You may choose one of the following options:
1. Return via public or commercial collection schemes
Used batteries can be returned free of charge at authorized battery collection points. These include:
- Municipal recycling centers (for private users)
- Commercial battery take-back systems (for businesses)
- Electronics retailers and other approved sites
A list of recognized return points will be made available upon request.
2. Return directly to us
Alternatively, you may return the used battery or battery-containing device directly to us:
Alert House ApS
Carl Jacobsens Vej 16C, 4., 2500 Valby, Denmark
Please label the shipment clearly: “Used battery – For safe disposal – Do not open.”
Ensure the battery is safely packaged to prevent short-circuiting or leakage. For damaged batteries, please contact us before shipping.
Ownership
Alert House ApS owns the right to the trademarks MinkPolice and TrapSensor
Governing Law/Jurisdiction
The present conditions will be interpreted in accordance with Danish law.
All disputes related to the Buyer’s decision shall be settled by arbitration in accordance with the Danish Arbitration Institute’s then-current procedural rules.
Cancellation and postponement of orders
Deliveries in respect of orders may only be postponed according to a written agreement with Alert House ApS. Orders for goods manufactured or purchased in accordance with the Buyer’s specifications may not be cancelled without the written authority of Alert House ApS. The Buyer undertakes to indemnify Alert House ApS for all costs and expenses resulting from a breach of this condition by the Buyer.
Force Majeure
Either party shall be excused from any delay or failure in performance if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, war, terrorism, civil unrest, government actions or restrictions, fire, flood, earthquake, explosion, pandemic, epidemic, quarantine, extreme weather, labor strikes or lockouts, supply chain disruptions, or other similar events that could not reasonably be prevented.
The obligations and rights of the party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the parties’ respective obligations shall resume. In the event the interruption of the excused party’s obligations continues for a period in excess of 30 calendar days, either party shall have the right to terminate the applicable contract(s) of sale, without liability, upon thirty calendar days’ prior written notice to the other party.
Software License
All software provided in connection with the devices is licensed, not sold. Alert House ApS grants the Buyer a limited, non-exclusive, non-transferable, and revocable license to use the software solely in connection with the purchased devices and in accordance with applicable documentation. The Buyer shall not reverse engineer, decompile, modify, reproduce, distribute, or create derivative works of the software unless permitted by mandatory law.
Subscription Terms
Unless otherwise agreed in writing, subscriptions are valid for 12 months from activation. Alert House ApS reserves the right to adjust subscription fees upon renewal with prior written notice. Upon termination, access to associated server services may be suspended. Data retention following termination shall be governed by Alert House ApS’ Privacy Policy.
Data Protection
Alert House ApS processes personal data in accordance with applicable data protection legislation, including the General Data Protection Regulation (GDPR). Further information regarding processing activities, data subject rights, and data retention is available in Alert House ApS’ Privacy Policy. Where applicable, the parties shall enter into a separate data processing agreement.
Limitation of Liability
Except as required by mandatory law, Alert House ApS shall not be liable for indirect, incidental, consequential, special, or punitive damages, including loss of profit, loss of data, or business interruption, arising from malfunctions or failures of the MinkPolice hard- or software. This includes, but is not limited to, costs associated with unexpected SIM card usage, missed notifications, or server outages. Total liability under any agreement shall not exceed the total amount paid by the Buyer for the relevant product or subscription in the preceding 12 months.
Retention of Title
The delivered goods remain the property of Alert House ApS until full payment of all outstanding amounts, including interest and costs, has been received.
Confidentiality
Each party shall treat all non-public technical, commercial, and financial information received from the other party as confidential and shall not disclose such information to third parties without prior written consent.
Severability
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Assignment
The Buyer may not assign its rights or obligations under these terms without prior written consent from Alert House ApS. Alert House ApS may assign its rights and obligations to an affiliated company or successor entity.
Amendments
Alert House ApS reserves the right to amend these terms and conditions. Updated terms shall apply to future deliveries and subscription renewals after reasonable notice has been provided.
Resale Restrictions and Support Obligations for TrapSensor
The Buyer is not permitted to resell TrapSensor products to private consumers (B2C sales). Resale is limited to business-to-business (B2B) transactions only, unless otherwise expressly agreed in writing by Alert House.
The Buyer shall bear full responsibility for all support, service, warranty handling, and any other obligations arising from or in connection with the Buyer’s resale of the Products. Alert House shall have no direct or indirect obligations toward any third-party purchaser.
Furthermore, the Buyer shall not resell TrapSensor products outside its country of registration or principal place of business without prior written consent from Alert House.
User accounts and notification recipients
The buyer or registered user is entitled to add additional recipients of notifications (e.g., via SMS or email) to the system. The buyer is responsible for ensuring that these recipients are informed of the applicable Terms and Conditions and the Privacy Policy before being added to the system.
The buyer warrants that they are authorized to enter the respective contact details of the recipients into the system and that the processing of this data is carried out in accordance with applicable data protection regulations. Alert House ApS assumes no liability for third-party claims arising from the unauthorized or unlawful addition of notification recipients. The receipt of notifications alone does not establish an independent contractual relationship between Alert House ApS and the respective recipient.
Uploaded images and content responsibility
Users may upload images or other content to the MinkPolice system in connection with their devices, trap setups, or other system uses.
By uploading content, the user warrants that:
- they possess all necessary rights to the uploaded content or are authorized to use it,
- the content does not infringe any third-party rights,
- the content does not contain any unlawful, offensive, discriminatory, violence-glorifying, pornographic, or otherwise illegal material.
The user remains the owner of the uploaded content. By uploading, the user grants Alert House ApS a non-exclusive, non-transferable, revocable right, limited to the duration of use, to:
- store the content,
- technically reproduce it,
- display it within the user’s selected sharing settings,
- and process it for the purpose of fulfilling the contract and complying with these terms and conditions.
Alert House ApS is entitled, but not obligated, to review, moderate, or remove uploaded content if there is concrete evidence of a violation of these terms and conditions or applicable law. In the case of reported or obviously illegal content, Alert House ApS is entitled to remove it and—if legally required or permitted—forward it to the relevant authorities. The content will not be published, sold, or distributed to third parties for commercial purposes without the user’s consent.
Availability and maintenance of server services
Alert House ApS provides server-based services within the scope of its technical and operational capabilities. There is no guarantee of uninterrupted service availability. Alert House ApS will endeavor to investigate reported server-side software errors or malfunctions within a reasonable timeframe after written notification and, if technically feasible and economically reasonable, to rectify them. Planned maintenance work may lead to temporary service interruptions. Such maintenance work will be announced in advance whenever possible. Further warranty or liability claims are governed exclusively by the provisions of these Terms and Conditions, in particular the provisions regarding the limitation of liability.