Terms and conditions of sale and delivery
The following general terms and conditions of sale and delivery apply to the extent that they are not deviated from by other written agreement.
1. Offers and delivery
Unless otherwise agreed, all orders are quoted at the prices applicable on the delivery date, and both in terms of price and delivery, subject to strikes, lockouts and other circumstances beyond our control, cf. clause 9.
Unless otherwise agreed in writing, stated delivery times are based on best estimates and subject to intermediate sales. If the seller is of the opinion that the agreed delivery time cannot be met or that a delay must be considered likely, the buyer will receive written notification of this, and as far as possible the time when delivery is expected to take place.
The Seller's liability for losses suffered by the Buyer as a result of delay or non-delivery can never exceed 5% of the total order amount.
2. Technical information, product information etc.
All information in brochures, catalogs, price lists, etc. regarding weight, dimensions, capacity, performance and other technical data is approximate and binding only to the extent that the agreement expressly refers to them.
3. Design changes
The Seller reserves the right before delivery and without prior notice to the Buyer to make such changes in the design, execution etc. as the Seller may deem necessary.
Such changes shall only entitle the Buyer to cancel the purchase if he can prove such design, construction etc. was a precondition for the purchase. Any changes made and the resulting cancellation of the purchase shall not entitle the buyer to any damages.
4. Packaging
The prices stated in offers and agreements are exclusive of VAT and any state taxes, but including packaging, unless otherwise agreed in writing.
5. Transition of risk
Unless otherwise agreed, the delivery is considered sold ex Duelco warehouse.
Should the delivery be damaged during transportation, visible freight damage must be reported directly to the carrier upon receipt of the goods with a note on the consignment note and is of no concern to the seller.
6. Payment
The Seller's payment terms are as stated on the invoice.
If the Buyer does not pay on time, the Seller shall be entitled to charge an interest surcharge of 2% per month or part thereof. The delivery shall remain the Seller's property until payment has been made in full. Bills of exchange and promissory notes shall not be considered as payment until full payment has been made.
7. Correction of defects
For a period of 24 consecutive months after delivery to the first user, the Seller undertakes, without undue delay, to carry out replacement delivery or repair at its own discretion if there are defects in the delivery due to design, material or manufacture.
Remedy does not include such cases where defects are due to the fact that the delivery has not been maintained and used in full accordance with the Seller's instructions, incorrect or inappropriate use, changes or technical interventions made without our written consent or extraordinary climatic influences.
Wearing parts are not covered by the remedy. Installation and removal costs are not covered by the remedy.
If the buyer wishes to complain about any defects, a written complaint must be made without undue delay after the defect has been discovered.
If the Buyer is able to carry out the remedy on his own premises, the Seller's obligation to remedy the defect under this provision shall be fulfilled by sending a new or repaired part.
If defective deliveries or parts are returned to the Seller for redelivery or repair, the Buyer shall - unless otherwise agreed - bear the costs and risk of transportation. If deliveries or parts are sent to the buyer in the form of replacement or repaired parts, transportation shall - unless otherwise agreed - be at the seller's expense and risk.
Defective parts that have been exchanged for the above shall be made available to the Seller.
The Seller shall be entitled to remedy parts of the delivery that have been replaced or repaired on the same terms and under the same conditions as for the original delivery. However, the Seller's remedial obligation shall not apply to any part of the delivery beyond 36 months after delivery to the Buyer.
After the risk of delivery has passed to the Buyer, the Seller shall have no liability for defects beyond the obligations set out above. The Seller thus disclaims liability for any indirect loss, such as operating loss, which the defect may have caused the Buyer.
8. Liability for damage caused by the delivery - product liability
If a delivery from the Seller causes damage, the Seller shall be liable for personal injury provided that it is documented that the damage is due to acts or omissions committed by the Seller. The Seller shall have no liability for damage to movable or immovable property.
The Seller shall under no circumstances be liable for operating loss, loss of profit or any other indirect loss.
To the extent the Seller may be held liable to third parties, the Buyer shall indemnify the Seller to the extent that such liability extends beyond the limits set out above. The buyer is obliged to allow himself to be sued at the same court that handles claims for damages against the seller in connection with damage allegedly caused by a defect in one of the seller's deliveries.
9. Exemption from liability - force majeure
The following circumstances shall give rise to exemption from liability when they occur after the conclusion of the contract and prevent its fulfillment.
Labor disputes, strikes, lockouts and any other circumstances beyond the control of the parties, such as fire, war, mobilization or unforeseen military call-ups of similar scope, acts of sabotage, acts of terrorism, requisition, seizure, currency restrictions of fuel and shortages in deliveries from subcontractors, or delay in such deliveries caused by any of the circumstances mentioned in this clause.
The party wishing to invoke any of the above circumstances shall without undue delay notify the other party in writing of the occurrence and termination of the event.
Either party is entitled to terminate the agreement by written notice to the other party when its performance within a reasonable time becomes impossible due to any of the circumstances mentioned in this clause.
10. Settlement of disputes - Jurisdiction
Disputes arising from the agreement and the provisions added to it shall be settled in accordance with Danish law and with the Maritime and Commercial Court in Copenhagen as venue.
