General terms and conditions
The validity of the offer stands for 30 days from the date the offer was given.
All prices are not including delivery costs, mounting, adjustment or packing. The prices are not inclusive of value added tax (VAT) and other consumption taxes.
By offer submission, all listed prices are given on the basis of today’s labour cost, material costs and customs and freight rates.
For products sold mounted, it is assumed that the installation work can be carried out during normal working hours. Do you wish for the work to be wholly or partly performed as overtime, thus will extra hours be calculated with the then-current rates.
Payment shall, unless otherwise agreed, be effected in Danish Kroner (DKK).
2b. Booking fee
For orders under 1,000.00DKK a handling fee of 150.00DKK is added.
We reserve the right to make minor changes in terms of measurements and dimensions, as well as the right to change the structures and names which can be regarded as an improvement of the products.
All data listed in catalogues, prospectuses, circulars, advertisements, photos and price lists is approximate only and binding only to the extent that this offer or order confirmation refers to them.
4. Delivery time
The stated delivery time of the offer is calculated from the date of our order confirmation. However, for systems, facilities and projects the time of delivery is calculated once all questions regarding technical specifications have been clarified. We accept no liability for any changes in our supply situation during the offer period.
Buyer cannot demand or claim any form of compensation for late delivery.
Is it not possible for the buyer to receive a shipment within the agreed delivery time, it is for the buyer – at their own expense and risk – to ensure safe storage for the shipment.
Delivery shall happen ab factory, Brdr. Jørgensen Instruments A / S, Hanne Nielsens Vej 10, 2840 Holte.
6. Scope of delivery
The delivery includes only the deals respective order confirmation expressly mentioned materials and performances.
7. Remediation of defects and complaints
We assume for 12 months from the date of delivery free of charge, to remedy material and construction defects and defective work on the delivery assembly. Concerning temperature sensors we assume 6 months of remediation. The right to remedy, which does not cover normal wear and tear, lapse at overload, misuse, lack of maintenance and service, or if there without our written permission are performed modifications or changes in the material, or if the material, equipment or product is used in a manner in which it was not intended or fabricated to be. Any defective equipment or parts are sent to us at the buyer’s own risk and cost, clearly indicating the invoice number and the type of error for repair or replacement.
Is the aforementioned not possible, the remedial repair or replacement will take place at the buyer. In case of the latter, transport, accommodation and meal costs will be charged the buyer.
The same rules of remediation apply for replaced equipment or parts, although not exceeding the remediation period for the main delivery.
Does the buyer wish to invoke his remedy; a written notice must be admitted immediately after the defect has been found.
Reporting faults or defects does not entitle the buyer to withhold payment or any part thereof.
In addition to the right to claim deficiencies remedied in the delivery the buyer cannot claim compensation, the buyer shall not be entitled to rescind the contract or demand a reduction of the purchase price for deficiencies.
8. Product liability
We are only responsible for the damage, the material delivered by us, inflicts if it can be documented that he damage is caused by a flaw from our side. Our responsibility for people and material cannot exceed 1,000,000.00 DKK, and we shall never be liable for the loss of profits or other indirect losses. We will only be liable for the damage our materials or products may cause in the §7 section one aforementioned time period. To the extent that we shall incur liability in connection with the use of the delivered product performed by the buyer – including resale – the buyer is obligated to indemnify us for any liability which we may incur in so far as responsibility goes beyond those agreed limits. The buyer is liable to be sued in the same court, which hears claims against us in respect of the sold equipment.
The invoiced amount must be paid by the date of which the invoice specifies as the last date for punctual payment. If this is not specified, payment shall be made in cash upon delivery.
In case of late payment, we reserve the right to assign the invoice amount interest per commenced month from the due date by 2% per month.
For mounted goods sold for construction and deliverables we are entitled to on-account billing, as partial deliveries takes place, or labour is performed. A payment on-account is assumed to be paid in the above preceding paragraph’s conditions – otherwise the interest will be added in a similar way.
The buyer is not entitled to fully or partially withhold payment due to any counterclaims that we have not recognized.
10. Right of property
Drawings, descriptions, models and others alike, which have been distributed with an offer, remain our property. Such material shall in no way be misused, disclosed or passed on to a third party.
11. Force majeure
The buyer cannot raise claims against us if breach of contract is due to circumstances beyond the control of which we can be held reasonably responsible, this including fire, war, insurrection, riots, martial law, mobilization or equivalent military call-up, seizure, currency restrictions, import or export prohibitions, labour disputes, disuse, lack of transport, general shortage of goods, restrictions on driving force, cancellation of major projects and delay in or lack of deliveries from subcontractors caused by any of the above circumstances.
12. Place of jurisdiction
Any dispute arising out of this Agreement shall be brought before the Maritime and Commercial Court in Copenhagen. The matter shall be settled in accordance with Danish law.
15th of September 2011