Conditions

Common Terms of Sale and Delivery

Find below Common Terms of Sale and Delivery for Hvidbjerg Vinduet

1. SALE OF GOODS ACT
Seller’s quotation shall be subject to the provisions of the Danish Sale of Goods Act unless specifically derogated from in the present terms of sale and delivery.

2. SELLER’S QUOTATION

Quotations are valid for a period of 30 days from date of issue unless otherwise specified in the quotation. If the goods have been sold in the meantime, Seller shall not be bound by the delivery time specified in the quotation, but shall set a new delivery time that is as close as possible to the delivery time originally offered by agreement with Buyer.

3. MEASURING
If Seller assists a skilled Buyer with measuring ect. such assistance shall only be regarded as a service that does not incur any liability for Seller.

4. CHANGES TO ORDERS
Seller’s order confirmation shall specify the deadline for adjustments. No adjustment may be made to the order after this date for technical reasons in relation to production.

5. DELIVERY

5.1 Place of delivery and risk
Delivery shall take place at Buyer’s business address or otherwise agreed building site. Delivery shall take effect at the kerbside, with the risk for the goods passing to Buyer
simultaneously.

5.2 Receiving inspection and complaints

Buyer shall immediately upon delivery check that the correct number of units has been delivered, and that the goods are intact and undamaged. It is Buyer’s responsibility whilst
inspecting the goods to report immediately either to Seller in writing or to Seller’s driver by marking the receipt with details of any damage or defects. If Buyer fails to notify
Seller of any damage or defect in connection with delivery, no claims will subsequently be accepted for missing unites or transport damages.

5.3 Quality Assurance
Prior to installment of the elements, Buyer shall ensure that the consignment is in accordance with the terms of references. Failure to check quality and/or complaint shall result in Buyer losing his right to report defects.

6. CLAIMANT’S DEFAULT

6.1 Delayed delivery
In case delivery is delayed in relation to the agreed delivery time due to Buyer’s circumstances, Seller shall be entitled to send an invoice as if delivery had taken place at the agreed time. The risk for the goods shall pass to Buyer on date of invoice.

6.2 Storage charge
If delivery is delayed for above reasons, Buyer is obliged to pay to Seller a reasonable storage charge according to agreement.

7. PAYMENT

7.1 Terms of payment
Terms of payment shall be specified in Seller’s quotation/order confirmation. If Buyer does not comply with the terms of payment , interest shall be charged from the due date at the rate laid down in the Danish Interest Act unless a higher rate is specified in the quotation/order confirmation.

7.2 Part delivery
In case delivery is to take place in several consignments, Seller is entitled to withhold a consignment if Buyer is in breach of his payment obligations concerning one or more
earlier consignments.

8. LIABILITY FOR DEFECTS

8.1 Defect review
Seller shall not be obliged to take part in a defect review on handover, in connecton with an annual review or in connection with a 5-year review. Seller’s refusal to do so shall not be regarded as a waiver of any objection.

8.2 Rectification of defects
If a consignment proves to be defective, Buyer may only claim the following remedies for breach in the specified order.

a) Seller shall repair the goods free of charge to Buyer.

b) If repairs cannot be made, Seller shall deliver goods in replacement.

c) If Seller does not repair the goods or supply goods in replacement within a reasonable period, Buyer may instead cancel the transaction for the defective part of the consignment.

d) In the above mentioned cases Buyer may also demand compensation in accordance with the provisions of the Danish Sale of Goods Act, however, Seller can never be held liable for business interruption. loss of profit or other indirect loss.

8.3 Force majeure
Nor shall Seller ever be liable – irrespective of the above – for any loss due to drastic interruptions that are caused through no fault of his own by circumstances beyond his control, e.g. war, conflagration, strikes, import restrictions, lockouts, and exceptional natural phenomena.

8.4 Cessation of liability
Any liability for defects of the goods supplied shall cease 5 years after handover of the building in which the goods are incorporated. In the case of goods for stock or resale,
however, liability shall cease no later than 6 years after delivery for stock or resale.

8.5 Recourse
If regarded as proved that a claim in respect of defects cannot be enforced against the original  Buyer, or only with great difficulty, subsequent buyers of the goods, including
contractors and building owners, shall be entitled to advance claims directly against Seller if the original Buyer may have had a claim against Seller.

8.6 Disputes
Disputes relating to the aforementioned claims shall be settled by the Court of Arbitration for Building and Engineering, cf. section 11.

9. LIABILITY FOR DELAY

9.1 Seller’s liability
Seller shall be liable for delay unless it is due to drastic interruptions to work that are caused through no fault of his own by circumstances beyond his control, e.g. war, conflagration, strikes, import restrictions, lockouts, and exceptional natural phenomena.

9.2 Compensation for delay
If Seller is liable under the above rules, compensation shall be paid in accordance with the general law of damages in Denmark, but Seller can never be held liable for business
interruption, loss of profit or other indirect loss.

9.3 Delivery deadline
If time of delivery is exceeded substantially and this causes major inconvenience for Buyer, Buyer shall be entitled to demand delivery from Seller in writing and at the same time
set a final delivery deadline. This deadline must be reasonable in relation to the delay that has already occurred.

9.4 Failure to comply with deadline
If Seller then fails to take all the necessary steps to ensure delivery within the stipulated time limit, Buyer shall be entitled to cancel the transaction by written notice to Seller.
However, Buyer may never cancel the transaction in situations where the delay is due to circumstances enumerated in section 9.1.

10. PRODUCT LIABILITY
Seller shall be liable for injury caused by a defective product under general Danish law, but Seller’s product liability can never include business interruption, loss of profit or other
indirect loss.

11. DISPUTES
An expert shall be appointed in accordance with section 45 of the General Conditions for the Provision of Works and Supplies within Building and Engineering of 1992 (AB 92).

Disputes between the parties that relate to section 22 (14) of AB 92 shall be settled in accordance with section 46 of AB 92.

Disputes shall be settled finally be the Court of Arbitration for Building and Engineering, cf. section 47 of the General

Conditions for the Provision of Works and Supplies within Building and Engineering of 1992 (AB 92).