General Terms of Sale and Delivery
The following terms and conditions apply to the extent that no other written agreement has been entered into between the buyer and the seller.
Quotation/order: The quantities stated in quotations must be considered indicative only and non-binding in nature. The seller’s order confirmation is binding, unless otherwise agreed. These are always subject to changes in exchange rates, customs duty, the price of materials, charges and taxes. The exchange rate is based on the rate in effect as of the quotation date, unless a special base rate is referred to in the quotation. The specified prices are exclusive of VAT and packaging. Invoicing is based on the quantities actually delivered. For the slitting and cutting to length of coil, please refer to special additional terms and conditions. For the delivery of goods to construction projects in Denmark, please also refer to special additional terms and conditions.
Packaging: Packaging is invoiced separately at the price agreed, and return packaging will only be accepted by agreement at the price agreed for free return carriage in usable condition within thirty (30) days.
Shipment: Unless otherwise agreed, shipment is at the buyer’s expense and risk, ex works Langeskov, Vejle or Fredericia.
Delivery: Unless the buyer is otherwise notified by the seller, products for ex works delivery will normally be ready for pick-up after 9 am on the agreed delivery date. Other product deliveries will normally be delivered no later than 3 pm on the agreed delivery date. The seller cannot be held liable for the consequences of any delay. In case of strike, lockout, import restrictions, other force majeure events or operational obstacles affecting the seller’s supplier or other circumstances beyond the control of the seller, the delivery time will be suspended for a period of time corresponding to the duration of the obstacle in question.
In the event that the obstacles cited here preventing effectuation of an order cannot be remedied at all or only at disproportionate expense, the seller reserves the right to cancel the order.
Retention of title: The seller retains title to the goods sold until the buyer has paid for the goods in full.
Payment: The terms of payment are net 30 days from the invoice date; no cash discount is offered. If payment is not made on time, the seller is entitled to charge interest of 1.3% per month or any part of the month. Payment must be made in accordance with the instructions on the invoice.
Complaints and Seller Liability, including Product Liability
1. The buyer must inspect the goods upon receipt. Any defects that are detected or should have been detected at this time, or which are discovered later on, must be reported to the seller immediately. Nothing must be done with the product to which the complaint pertains without prior agreement with the seller. Under no circumstances may the buyer claim compensation for a defect in respect of the seller more than one (1) year after delivery of the product.
2. The filing of a complaint does not entitle the buyer to rescission, compensation, a pro rata price reduction or to withhold payment for the products.
3. Irrespective of whether any errors are attributable to the supplier, the seller’s liability is limited to the remedying of any defects or to redelivery of the product free of charge. The seller’s liability exclusively covers defects that are demonstrably attributable to the seller’s delivery. Costs incurred in detecting the defect, and any dismantling, shipment or reinstallation costs are not covered by the seller’s liability, but are incumbent on the buyer. The seller’s liability does not cover liability for operating loss, loss of time, lost profits or any other indirect loss. When processing the buyer’s materials, the seller reserves the right to an ordinary percentage of waste/breakage. The seller draws particular attention to the fact that the seller’s obligation to remedy defects or to redeliver products does not cover:
a) Damage in transit, where transport is not undertaken by the seller.
b) Corrosion damage, if the material used is supplied by the buyer or purchased in accordance with to the buyer’s instructions, unless the seller has assumed particular liability for corrosion in connection with the processing of the material.
c) Damage caused by improper use.
d) Damage caused by improper treatment.
e) Damage caused by abnormal operating conditions.
4. For personal injury and property damage resulting from faults or defects in the products supplied and/or services rendered (product liability), the seller is only liable to the extent that such liability proceeds from mandatory legislation. This includes non-liability on the part of the seller for damage to items intended for commercial use (commercial property damage). The seller’s liability does not cover liability for operating loss, loss of time, lost profits or any other indirect loss. The buyer shall indemnify the seller in respect of any and all liability imposed by a third party for any such loss or damage for which, pursuant to the present stipulations, the seller is not liable.
5. For the slitting and cutting to length of coil, as well as for deliveries to construction projects, special additional terms apply to agreements on the performance of the tasks specified.
6. Applicable law, jurisdiction/legal venue and partial invalidity:
1. All legal aspects, relations and concluded agreements between the seller and the buyer are solely subject to Danish law.
2. The mandatory venue is the Maritime and Commercial Court of Copenhagen, Denmark.
3. Should any provision within the framework of agreements between buyer and seller be or become invalid, the validity of any and all other provisions shall remain unaffected.
Rev. 8 – 01.11.2018