TERMS OF SALE, DELIVERY AND PAYMENT.
1. Quotation and Order Confirmation
1.1 The Quotation is valid for 30 days unless otherwise specified, subject to the goods beeing unsold.
1.2 Special specifications which are not included in the standard specifications of the factory are to be individually agreed and confirmed in writing. Failing that we are not bound to meet them.
2.1 All prices are stated exclusive of V.A.T. and eny other special taxes or dues.
2.2 Unless a firm offer has been given we reserve our right to increase the price according to possible increases from our suppliers as to wages, materials an freight costs.
2.3 The risk of price increases due to change in rates of exchange and amended public taxes of any kind falls on the buyer untill payment has been effected.
2.4 The price quoted in the order confirmation or agreement is based on the rate of exchange between danish Kroner and the currency stated in the order confirmation or agreement on the day of quotation, unless another rate of exchange has been expressly stated.
3.1 Cancelling can only be done with our suppliers accept. If goods which we dont held in stock, including suppliers from works, are concerned an order can only be cancelled if the suppliers accepts so, and we are entitled to charge our buyer for all costs arisen in connection with buyers wish of cancelling the order.
4.1 Provided that the equipment supplied still meets the specifications stated we are entitled to change constructions, dimensions and designation for the equipment offered.
5.1 Times of the delivery stated are approximate, unless expressly stated otherwise.
5.2 If a period of delivery has been stated it is to be calculated from the date stated in the order confimation or, respectively, from the date on wich final clarification of all technical and commercial details essential for the delivery has taken place.
5.3 In case of force-majeure or other circumstances beyond our control we are entitled to postpone the delivery or cancell the order.
5.4 Components, spareparts and materials from our stock are delivered ex. Stock. We are, however, willing to arrange forwarding and possible insurance at buyers expence.
6. Mounting, Installation and Starting Up.
6.1 Mounting installation, starting up and training of personel are not included in the offer, unless otherwise stated.
6.2 Structural work and secondary damage caused by the mounting or installation as well as possible repairs after completion of the installation are not our concern.
7. Defects - claims.
7.1 The buyer must immidiately after receipt respectively notice to start operation go through the equipment to secure that there are no defects.
7.2 Any claims as to defects which have been our ought to have been ascertained during such examination are to be submitted in writing within 8 dayes after receipt or notice to start operation.
7.3 If no claim has been submitted in writing within the time limit stated the buyer cannot later claim such defects.
8. Responsibility for Defects.
8.1 For any original defects, which means defects present on the date of purchase, we are responible according to the stipulations of Sale and Goods Act.
8.2 However, we reserve our right to remedy the defects.
8.3 Repair or conversion is carried out free of charge for the buyer in our option either in our workshop or, if this is not appropriate, at the buyers.
9.1 We commit ourselves to repair, free of charge, any faults and defects which might appear within the guarantee period.
9.2 The guarantee period is 12 month, however, not more than 1.000 running hours. The guarantee period is calculated from the date of start of operation, however, not more than 18 month from our date of delivery.
9.3 The guarantee is limited to cover only defective materials and production faults on wearing parts such as regulating ball and -seat, gaskets, pistons etc.
9.4 The defective equipment or parts are in option to be sent to us at buyers expense and risk or to be repaired at the expense and risk or to be repaired at the buyers. If repair is to be carried outside our home town costs for transport,lodging and meals will be for account of buyer.
9.5 The guarantee only covers faults and defects arisen under normal terms of operation and correct use. Especially the guarantee does not cover faults and defects caused by circumstances or changes of interference in the equipment carried out without our participation.
10. Responsability for damage caused by the Equipment Delivered (Product Responsibiliy).
10.1 We are only responsible for personal injury if it is proved that injury is due to faults or negligence on the part of us or somebody under our responsibility.
10.2 We are not responsible for damage to real and personal property appearing while the equipment is in buyers possession. neither are we responsible for damage to products made by the buyer or to products of which they form part.
10.3 In case we might be held liable for product responsibility in respect of a third party the buyer is committed to hold as indemnified to the extent to which our responsibility is limited according ti items 10.1, 10.2 and 11.1.
11. Consequential Damage.
11.1 We are under no circumstances responsible for loss of profits, loss earnings or other indirect losses.
12.1 Repairs, in our workshop as well as at the buyers, are carried out on buyers expense and risk.
13.1 Unless otherwise agreed the purchase price is due for payment on receipt of invoice with last punctual date of payment 30 days from date of invoice.
13.2 If payment has been effected prior to the last punctual date of payment we will charge interest from the due date at the ruling rate of interest for overdue payments settled by us.
14.1 Drawings, descriptions, models etc. Which have been handed out in connection with the offer remain our property and must, on request, be returned to us.
14.2 The receiver of the offer is in no way allowed to abuse the material through copying, transfer, lending or in any way bringing it to the knowledge of a third party.
15.1 Any dispute between the parties requiring lagal action is to be settled by the maritime and Commercial Court of Copenhagen.
15.2 This also applies to cases only concerning payment of the purchase price.