Term of sale and delivery

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Applicability

1. The general terms of delivery below are applicable - provided they have been agreed to in writing or otherwise by the parties - insofar as they have not been waived in any other written agreement with us.

 

Prices

2. If, prior to the delivery of the goods, there have been changes in exchange rates, material prices, freight charges, insurance premiums, customs and other duties, wages etc., we are entitled to change the price accordingly.

 

Packaging

3. The prices quoted in offers and contracts are considered to cover our standard packaging unless otherwise agreed in writing.

 

Product information

4. All information on weight, dimensions, capa-city, price, and technical and other data stated in catalogues, prospectuses, circulars, advertisements, pictorial material etc. are approximate. Such information is only binding insofar as the contract expressly refers to it.

 

Delivery clause

5. Unless otherwise agreed, a consignment is considered to have been sold ex works. Agreed delivery clauses are to be interpreted in accordance with the current Incoterms.

 

Delivery time

6. Delivery times are stated according to our best estimates. The following circumstances exempt us from liability when they occur after the signing of the agreement and prevent its discharge: labour disputes and any other circumstances over which we have no control such as fire, war, mobilization, commandeering, confiscation, currency restrictions, revolt or civil unrest, shortage of transport vehicles, general scarcity of goods, restrictions on power and shortcomings or delays in deliveries from sub-suppliers due to any of the circumstances cited in this clause.

The purchaser may not refuse to take part-deliveries from us.

7. A party who wishes to invoke any of the stipulations of Clause 6 must without delay inform the other party of the occurrence and cessation of the situation in question.

  

Specially manufactured products

8. This category consists of products which are specially manufactured (in terms of technical specifications or ratings) for a particular purchaser. With such orders, any form of return or cancellation is precluded.

 

Liability for deficiencies

9. If, within two years of the delivery any manufacturing- and material faults arise, which can be establish by usual/normal use and are demonstrably attributable to faults in the materials used or in the work done, we undertake to repair or renovate the damaged or unusable part as quickly as possible at our own workshops within normal working hours.

This liability does not apply to imperfections, damages or wear and tear, which are direct or indirect arised in consequence of wrong attendance, poor maintenance, violence or interference from other than the factory’s authorize workshop.

The liability does not apply to filament bulbs.

In no event shall we pay compensation for loss of operating hours, loss of profits or other consequential losses.

This liability lapses if the purchaser has failed to honour the agreed terms of payment.

 

Building project deliveries

10. If - and only to the extent which - the goods delivered are used in building projects in Denmark, the delivery shall be subject to the following clause on building project deliveries, which has been formulated by the Ministry of Housing Construction Agency.

The supplier’s liability for deficiencies in deli-veries shall lapse five years after the transfer of ownership of the building project to which the goods were supplied. In the event of deliveries to stores or for resale, however, the liability shall lapse six years after delivery to the purchaser.

If it is deemed to have been proven that a claim regarding deficiencies in a delivery cannot - or can only with difficulty - be upheld against the supplier’s customer or subsequent purchasers, it is acknowledged that the claim may be made directly against the supplier.

In this case too the supplier may only be held liable for deficiencies to the extent that his own delivery was deficient, and furthermore only to the extent that ensues from his contractual relationship with the purchaser.

The supplier recognizes at all events that he may be sued along with the purchaser or subsequent purchasers with respect to the interrelationships of the parties. The case shall be brought before the court of arbitration for construction and works.

 

Liability for damage caused by the goods delivered (product liability)

11. We shall only be liable for personal injuries if it can be proven that the injury is due to errors or neglect attributable to us or others for whom we are responsible.

We cannot be held liable for damage to real property or movables. We disclaim all liability for operating losses, loss of profits or other direct losses. Insofar as we are held liable for products with respect to any third party, the purchaser shall be obliged to indemnify us to the extent that our liability is limited by the three preceding clauses.

If any third party presses a claim against one of the parties for compensation in accordance with this clause, the party concerned shall immediately inform the other party.

Servodan and the purchaser are mutually obliged to appear before the court which tries the compensation suit brought against either of the parties on the basis of the damage or injury allegedly caused by the goods delive-red. The distribution of liability between the purchaser and the seller shall however always be determined by arbitration in accordance with Clause 18.

Payment

 

12. Unless otherwise agreed, payment shall be made by delivery or on prepayment.
 - Sale on credit

If payment has not been made by the due date, we shall be entitled to compute penalty interest from the due date.

 

13. If the purchaser fails to take delivery of the goods at the agreed time, he shall nevertheless be obliged to make payment as if the delivery had been made as per the agreement.

 

14. These terms shall apply unless otherwise agreed in writing.

 

15. The withholding of payment on the grounds of a counterclaim from the purchaser is precluded. This shall apply even if the purchaser makes objection to the delivery or to deficiencies in the delivery.

 

Reservations as regards ownership

16. The goods which we deliver shall remain our property until such time as payment for them has been made in full, regardless of any legal basis for claiming otherwise.

 

General stipulations

17. These terms are the only ones to apply to all sales contracts and transactions with us, even if the purchaser orders or confirms with other terms. There must be no discrepancies in the non-conforming terms.
Non-conforming terms are only valid if they are confirmed by us in writing.

 

Applicable law and venue for disputes

18. Any legal dispute that may arise in connection with the interpretation and application of the present terms must be settled by the Maritime and Commercial Court in Copenhagen subject to Danish law.

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