The below terms shall apply unless otherwise agreed in writing:
Offer: Our offers are given without obligation unless otherwise specified.
The quantities stated must be regarded only as indicative and without obligation.
The order confirmation is subject to reservations about any change in prices and the rates of foreign exchange, customs, duties and
the cost of supplies unless otherwise agreed. The exchange rate is based on the exchange rates prevailing on the day of making the
offer unless a special base rate is quoted. Prices are net of VAT and packing.
The invoice will reflect the quantities actually delivered.
For coil blanking and coil slitting, please see special conditions.
Packing: Packing is invoiced separately at an agreed price and is returnable only according to prior agreement at the amount specified for free return carriage paid in a usable condition within 30 days.
Forwarding: Forwarding is for the account of the buyer and at his risk ex works Langeskov, Vejle or Suldrup unless otherwise agreed.
Delivery: Goods delivered ex works will normally be ready for collection on the day agreed for the delivery from 9.00 a.m. unless the customer receives advice to the contrary. For goods delivered free of charge delivery usually takes place at 3.00 p.m. on the day agreed for the delivery unless the customer receives prior advice to the contrary. We do not incur any liability with regard to the consequences of any delay. In the event of a strike, lockout, import restrictions, other cases of force majeure or obstacles to operations taking place at our suppliers' or if other conditions beyond our control should occur, our time of delivery will be suspended for the duration of the obstacle in question.
If the above obstacles to the execution of an order cannot be removed or can only be removed at disproportionate costs, the seller
reserves the right to cancel the order.
Payment: The terms of payment are net 30 days from date of invoice and without cash discount. If payment is overdue, we are entitled to add an interest at the rate of 1.3% for each month payment remains outstanding to be charged on the first day of the month.
CLAIMS AND SELLER'S LIABILITY INCL. PRODUCT LIABILITY
1. The Buyer shall examine the goods upon arrival. Deficiencies which are discovered or should have been discovered at that time, or which are subsequently discovered, shall immediately be invoked towards the Seller. No action is permitted with respect to the product that is the subject of the complaint without agreement from the Seller. Under no circumstances shall the Buyer be able to invoke deficiencies towards the Seller later than 1 (one) year from delivery of the product.
2. Complaints do not justify cancellation, compensation or proportional rebate or withholding payment for the goods.
3. Our liability, regardless of any errors attributable to us, shall be limited to the restoration of any defects in the product or replacement free of charge.
Our liability shall include only errors established to derive from our delivery. The costs of establishing the error, any dismantling, forwarding and reinstallation shall not come under the liability, but shall lie with the customer. Our liability shall not extend to any consequential loss, time loss, loss of profits or any other indirect loss. For the preconditioning of customers' materials, we reserve the right to a generally acceptable percentage of waste/debris.
Please note that our liability to remedy any defects, or send a replacement, excludes:
a) damage which has occurred during transport undertaken by others;
b) corrosive damage if the material used has been supplied by the buyer
or according to buyer's instructions unless we have accepted a
special anti-corrosive liability in connection with preconditioning of the
c) damage caused by wrongful application;
d) damage caused by inappropriate treatment;
e) damage owing to abnormal operating conditions.
4. In the event of personal injury or damage to property as a result of defective or incomplete products and/or services supplied (product liability), we shall only be liable to the extent that such liability is prescribed by rules of law that cannot be contracted out of. The Seller shall not be liable for damage to property intended for commercial use (commercial property damage). Our liability excludes operating loss, loss of time, loss of profits and other indirect losses. The Buyer shall indemnify the Seller to the extent that the Seller is held liable vis-á-vis a third party for any such damage or loss for which the Seller is not liable pursuant to this provision.
5. Coil blanking and coil slitting activities are subject to additional, special conditions which will accompany our offers for the execution of said tasks.
6. Any action shall be decided by our local venue. Any disputes shall be settled according to the laws of Denmark.
These conditions have been written in the Danish language and translated into the English language. In any dispute as to the understanding or the interpretation thereof the Danish text shall prevail.
Rev. 7 - 14.05.2002