TERMS & CONDITIONS
Valid from August 1995.
Unless otherwise agreed, the following Conditions are valid:
Used machines or other used effects are sold “as is” without warranty, unless otherwise expressly agreed in writing. For new products we do not accept second or higher responsibility than what the seller’s supplier (importer / manufacturer) has undertaken, and the dealer’s obligations and Responsibility with respect the supply of goods are subject to the same limitations as the supplier.
Prices quoted are net prices on the date of closing, ie ex. VAT and ex works Brande – Denmark.
Seller reserves the right to adjust the price if, before delivery, there are changes in material prices, labor costs, exchange rates, tariffs and the like.
All shipping is done at the purchaser’s risk and expense. This also applies to free delivery to the buyer’s address, rail station or other agreed location. If the buyer wants transport insurance, this must be noted separately.
Delivery times are estimated and observed as far as the seller is possible, but the seller assumes no liability resulting from any delay in delivery. In stock items are subject to prior sale.
Cash before dep. / del. unless otherwise agreed. By late payment interest at the rate of 1.5 % p.a. Minimum d.kr. 75, – per month.
Ownership: Unless installment payment is agreed, the property of the goods, remain at the seller until the entire purchase price is paid.
In terms of delays and defects are all subject to force majeure. To force majeure shall include in particular strike, lockout, war, emergency, fire, explosion, transportation difficulties, cancellation of major projects and circumstances, moreover, the seller’s control.
Only salable goods are accepted to be returned and only by prior arrangement.
The specified objectives and technical specifications in catalogs and drawings of the seller, are approximate and for illustrative purposes only, and seller reserves the right to make changes without prior notice.
If no producer has delivered further warranty , the seller’s liability for defects is limited to repair or replacement of the defective goods or the Vendor’s option replacement of the product’s invoice price. The responsibility does not cover liability and loss of profits and other direct losses.
Cost of any assembly, shipping and reinstallation in relation to any repair or replacement is the responsibility of the buyer.
For parts that are sent to us for repair, assembly, adjustment or other processing, the shipping expenses to and from us, are at the customer’s expense and risk. The risk for these parts, when they are here are the customers, also during internal transport and storage. In this way, we do not accept any liability for damages that may occur during their stay, nor for any damage caused by employees with us.
If, at our discretion, the parts under the above point, is unfit for repair or reconditioning, they will be scrapped at cost to customer, because we believe that our study costs are covered by residual value.
If the customer wishes such unsuitable parts returned instead, this must be notified to us in writing.
The return will take place at the customer’s expense and risk, and our expenses for the study of the parts will be charged to the customer.
Product Liability Injuries:
The seller is responsible for the injury if it is proved that the damage was caused by fault or negligence on the part of the seller or others for whom he is responsible. The seller is not liable for damage to real or personal property that occurs while the goods are in the possession of the buyer. Seller is not responsible for damage to products manufactured by the buyer, or to products incorporating such products.
In addition, the seller liable for damage to real and personal property under the same conditions as for personal injury.
Seller is not responsible for operating breakdown, loss of profit or other indirect losses.
To the extent that the seller incurs liability to third parties the buyer is obligated to indemnify the Seller to the same extent as the Seller’s liability is limited under the three preceding paragraphs.
If a third party makes a claim against any of the parties for compensation under this section, that Party shall notify the other party.
The seller and buyer are mutually obliged to let themselves be summoned to the court, which deals with claims made against one of them on the basis of damage allegedly caused by the delivery. The relationship between the seller and the buyer is always to arbitration.
These limitations of liability of the seller shall not apply if he has been guilty of gross negligence.
Complaints must be made in writing within 14 days after receipt of the goods. Buyer should therefore inspect and test the product when it is received. Any complaint does not justify the cancellation of the order or to withhold payments.