Sales and delivery conditions for Danmat Iso Systems
1. Usage
Only written agreements are binding for Danmat Iso Systems A/S.
The following sales and delivery conditions shall apply to the extent that they are not waived by any written agreement.
Buyer's purchasing and supply conditions will not entail any obligations on behalf of Danmat Iso Systems A/S, unless
these are agreed in writing by Danmat Iso Systems A/S.
2. Drawing and descriptions
All measurements and weights, drawings, sketches, user information, cost estimates and technical, chemical and other data stated in catalogues, prospects, circulars, advertisements, photos and price lists are approximate. Such information is
only binding to the extent that the agreement explicitly refers to them. Danmat Iso Systems A/S assumes no responsibility
for any errors.
3. Prices
Offers shall be made in accordance with fair value. Danmat Iso Systems A/S is entitled to change the price without any notice, should additional costs due to changes in, for example, prices for subcontractors, commodity prices, exchange rates,
agreed wages, taxes, etc.
All prices are excl. VAT or any other tax and shipping, unless otherwise notified in writing.
All offers and prices are given in accordance with the standard conditions of Danmat Iso Systems A/S.
4. Delivery
Orders with a net value below DKK 750 (€100) are charged with a handling fee of DKK 150. If delivery is delayed at the
buyer's request, delivery shall be deemed to have taken place on the day the goods could have been shipped. Regardless
of who arranges the transport, the risk of the purchased passes to the buyer when the goods are handed over to the carrier at Danmat Iso Systems A/S.
Expenses for packaging, pallets, etc. will from January 1 st 2013, appear separately on all invoices.
Please also refer to the sales and delivery conditions in our sheet on conditions, where you will find discount rates and/or
net prices.
5. Return of goods
Return of whole and undamaged goods are credited at -20%, unless otherwise agreed. The return number, in the form of
either a delivery note or invoice number, is quoted when contacting Danmat Iso Systems A/S. Without a return number, no
crediting can take place.
6. Delivery time
Delivery times are given subject to delays. Normal delivery time for insulation products and accessories is usually within 24 days from the time of the order.
7. Delivery obstacles
Danmat Iso Systems A/S shall not be responsible for non-compliance with its obligations under the tender submitted or accepted order as a result of force majeure, war, riots, civil unrest, government intervention or interference of local authorities, fire, strikes, lockouts , export and/or import bans, currency restrictions, lack of or inadequate or delayed deliveries
from suppliers, shortage of labour to contractual wages, fuel, power, accidents in processing or testing or any other reason
which is beyond the control and influence of Danmat Iso Systems A/S, and which is likely to delay or prevent the production and delivery of goods.
If timely delivery is temporarily prevented by one or more of the above circumstances, delivery time is postponed for a period equal to the duration of the obstacle, and delivery according to the postponed delivery time is considered timely in all
respects. If delivery is expected to last longer than 3 months, Danmat Iso Systems A/S is entitled to cancel any conditioning and agreements, including orders received, without it being considered breach of contract.
8. Payment
Unless otherwise agreed, the purchase price is paid in cash, 8 days from delivery. If the purchase price is not paid in time,
an interest of 2% will be added to the owed amount per month commenced. Payment cannot be made by offsetting with
requirements, the buyer may have against Danmat Iso Systems A/S.
9. Liability for defects
Buyer is obliged to examine the purchased immediately upon receipt. If the purchased item does not correspond to the
specifications or technical information given in written communication from Danmat Iso Systems A/S, or if there is any
Danmat Iso Systems A/S – Roskildevej 23 – DK 3650 Ølstykke – Phone +45 4733 5366 – Fax +45 7433 3626 – [email protected] – CVR No. 81636419
fault in the materials or manufacture of the products purchased, it is the sole responsibility of Danmat Iso Systems A/S either to replace the defective goods by delivery of similar new products, or to credit the purchaser for the defective goods
upon the return of these.
Any demand, beyond what is covered by the obligations of Danmat Iso Systems A/S listed in section 9, is - unless the
buyer proves that there is a gross negligence from the side of Danmat Iso Systems A/S - irrelevant for Danmat Iso Systems A/S.
Danmat Iso Systems A/S shall not be liable for defects attributable to improper handling or transport, storage or otherwise
neglect with anyone else than Danmat Iso Systems A/S.
If Danmat Iso Systems A/S incurs responsibility, the buyer cannot claim damages for loss of profits or other indirect losses.
10. Construction subcontracting clause
The liability of Danmat Iso Systems A/S for defective deliveries ceases 5 years after delivery of the built in which delivery is
included. For delivery to other than a builder or contractor, liability ceases at the latest 6 years after delivery to the buyer.
If it must be regarded as established, that a claim relating to deficiencies in the delivery, cannot or only with great difficulty
can be carried out against Danmat Iso Systems A/S’s buyers, or against subsequent buyers, Danmat Iso Systems A/S
recognizes that the claim may be directed straight to Danmat Iso Systems A/S. Even in such cases, Danmat Iso Systems
A/S shall only be liable for defects to the extent that the delivery made by Danmat Iso Systems A/S is defective and furthermore only to the extent stated in the provisions of sections 9-12.
11. Product responsibility
The user manuals and technical specifications from Danmat Iso Systems A/S are based on the suppliers' laboratory experiments. The user manuals must be followed carefully. Due to the individual circumstances of any workflow, Danmat Iso
Systems A/S will not assume any responsibility for the suitability of the product.
Danmat Iso Systems A/S is not responsible for damage to real estate and tangible personal property, in the same way that
Danmat Iso Systems A/S shall not be responsible for loss of earnings or other indirect losses.
Danmat Iso Systems A/S will only be responsible for the injury, if it is proved that the product is not properly composed,
and in case of any fault or negligence on the part of Danmat Iso Systems A/S or others who Danmat Iso Systems A/S is
responsible for. To the extent that Danmat Iso Systems A/S has had to incur product liability to third parties, the buyer is
obliged to hold Danmat Iso Systems A/S indemnified to the same extent as the responsibility of Danmat Iso Systems A/S
is limited as mentioned above.
If a third party makes a claim against any of the parties for compensation under this section, that party shall notify the other
party.
Danmat Iso Systems A/S and the purchaser shall be mutually obliged to let themselves be summoned to the court, which
deals with claims that are made against one of them on the basis of damage allegedly caused by the delivered.
12. Governing law and jurisdiction
Any dispute between the parties shall be settled under Danish law, with the Maritime and Commercial Court in Copenhagen as venue.
Danmat Iso Systems
Gerner Jørgensen, Director of Sales and Marketing
December 2012
Danmat Iso Systems A/S
Roskildevej 23
DK 3650 Ølstykke
Phone.:
+45 4733 5366
Fax:
+45 7433 3626
[email protected]
www.danmat.dk
CVR- No. 81636419
Danmat Iso Systems A/S – Roskildevej 23 – DK 3650 Ølstykke – Phone +45 4733 5366 – Fax +45 7433 3626 – [email protected] – CVR No. 81636419