Sales and delivery terms
1 Use and validity
1.1 All reconditioning work and business must be conducted in accordance with these General Terms and Conditions unless a written agreement has been concluded to the contrary.
2.1 All offers are binding for thirty days and the offer must be accepted within thirty days of the date of the offer.
3.1 All prices are stated in Danish kroner exclusive of VAT unless otherwise stated in the offer.
4.1 Payment must be made no later than eight days (the due date) after delivery unless otherwise agreed in writing.
4.2 Interest is calculated at a rate of 2 per cent for each month or part month after the due date and compound interest is calculated.
4.3 The Client is not entitled to offset amounts against the purchase price unless this has been agreed in writing with the Seller.
4.4 Any discounts/bonuses are valid only against prompt payment.
4.5 If the Seller deems that the Client’s ability to pay has been significantly reduced after submission of the offer, the Seller is entitled, as a condition of fulfilling the order, to demand advance payment or the provision of a guarantee for the purchase price.
5 Retention of title
5.1 The item of machinery is the property of the Seller until payment of all amounts relating to the order, including all interest and costs incurred, has been made.
5.2 The Client is not entitled to transfer the machinery, including under mortgage, lease, loan or other means of disposal in contravention of the Seller’s ownership until full payment has been made and title has been transferred to the Client.
6 Delivery and place of delivery
6.1 Provisions relating to delivery must be interpreted in accordance with the version of Incoterms in force at the conclusion of the agreement, currently Incoterms 2010.
6.2 Unless otherwise agreed in writing, delivery is Ex-Works at the Seller’s place Porschevej 2, DK 7100 Vejle.
6.3 The Seller reserves the right to make part-deliveries.
7 Responsibility for delays
7.1 Repair and delivery within five working days after the agreed time is not deemed a delay.
7.2 The Seller is furthermore not responsible for delays unless the Client proves that the delay is the fault of the Seller or other parties for whom the Seller is responsible.
7.3 Dates and times are provided according to best estimates, but the Seller reserves the right to postpone these under the circumstances stated under Section 11.
8 Responsibility for deficiencies
8.1 On delivery, the Client is obliged to undertake a proper test/examination of the repaired/sold item and may not at a later date claim for deficiencies that the Client should have discovered through such an examination.
8.2 The right to claim compensation for a defective item and free rectification of defects on reparation work is provided for six months unless the part in question is a wearing part or damage has occurred during transport, is the result of inappropriate/incorrect operation, wrong connection, assembly or similar conditions beyond the control of the Seller, unless otherwise agreed in writing. The right to claim compensation with respect to sold spare parts is valid for 12 months.
8.3 After expiry of the period of right to claim compensation, no remedy for breach of contract can be sought.
8.4 The Seller is entitled to provide rectification within a reasonable time. If it is not possible to provide rectification, the Seller reserves the right to notify pro rata refusal by crediting all or part of the repair costs already invoiced.
9.1 Where repair work is carried out at the Client’s address, the Client is obliged to ensure the proper installation environment, including electricity and water supplies and ventilation.
10 Product liability
10.1 The Seller is liable for defective products/repair work under mandatory law.
10.2 The Seller is not liable for damage to property or for personal injury after delivery and is furthermore not liable for damages occurring whilst the machine is in the ownership of the Client.
10.3 The Seller is not responsible for the Client’s use of the machine.
10.4 The Seller is responsible for personal injury if it can be documented that the damage was caused by an error or negligence on the part of the Seller or of a party for whom the Seller is responsible. 10.5 If a product liability claim is made against the Seller by a third party, the Client is obliged to provide indemnification to the Seller where this is relevant with respect to the aforementioned.
10.6 The Client is liable to prosecution at the same court and under the same applicable law and jurisdiction as the Seller.
11 Force majeure
11.1 The Seller is not liable for any delay, of a part-order or a full order or failure to fulfil an order due to force majeure, including war, riot, strike, lock-out, blockade, export and import prohibitions, confiscation, exchange restrictions, general shortage of goods, lack of manpower and transport means, deficiencies or delays in supplies by subcontractors, fire, natural disasters or similar circumstances that the Seller was not able to avoid and whose consequences the Seller was not able to prevent.
11.2 The Seller must inform the Client of such circumstances without undue delay.
11.3 Either Party may terminate the agreement in writing, exempt from liability and without the obligation to compensate the other Party, if the fulfilment of the order has been impossible for more than one month due for force majeure.
12 Limitations of liability
12.1 The Seller is not responsible for any operating loss, loss of profits or other indirect loss or consequences suffered by the Client or a third party, irrespective of this being caused by delay, deficiencies or product liability.
12.2 With respect to liability for defects, compensation must not exceed the invoice amount and with respect to compensation for delays, this must not exceed 15 per cent of the invoice amount.
13 Applicable law and jurisdiction
13.1 Any dispute between the Parties must be settled in accordance with Danish law but the international law on the sale of goods (CISG) is not applicable. The court of first instance is Kolding.