Terms and conditions
General terms and conditions
Applicable to trade with Kiesel Scandinavia A / S
1. contract basis
1.1. These general terms and conditions apply to all contracts of sale / purchase order / offer unless otherwise agreed in writing.
1.2. This sales contract / order confirmation / offer is concluded with a person buyer (Buyer).
1.3. Is Buyer disagrees with the purchase agreement / order confirmation / offer content, he must submit any objections within 5 working days after the conclusion of the sales contract / order confirmation / offer.
1.4. Subsequent agreements are only binding if the writing has been signed by both parties. Derogating from the purchase agreement from the order confirmation text, then the purchase agreement precede the order confirmation.
1.5. The cancellation - cancellation of a contract / order confirmation must be made by the buyer within 14 working days of e-mail Kiesel Scandinavia A / S. If they regret after 14 days they will have to pay a small amount of 20% - of the purchase agreement / order confirmation Kiesel Scandinavia A / S. Unless otherwise agreed by Kiesel Scandinavia A / S and may be submitted in writing, the trade can be undone. Special manufacturing machines - accessories are not returnable. Unless otherwise agreed by Kiesel Scandinavia A / S and may be submitted in writing.
2.1. Prices of goods (spare parts, machinery, accessories, etc.) that can not be delivered immediately agreed, subject to there before delivery is a change of government taxes, tariffs, exchange rates, etc.
2.2. Have these changes occurred is Kiesel Scandinavia A / S is entitled to an adjustment of the purchase price to reduce them.
2.3. Loaded Buyer hereby with a price increase of over 5% of the agreed price, the Buyer may choose to cancel the deal if he communicates it to Kiesel Scandinavia A / S in 3 days (in an email) after the buyer has received notice the revised price.
3. Delivery and risk
3.1. Unless otherwise agreed by the parties, delivery ex Kiesel Scandinavia A / S 'business address.
3.2. Is it agreed that Kiesel Scandinavia A / S shall send the product, hold Buyer all expenses for freight, shipping and possible. insurance. The buyer bears the risk for the goods accidental destruction or degradation when the product leaves Kiesel Scandinavia A / S 'business address.
3.3. The purchaser is obliged to pick up the purchased item within 6 days after that of Kiesel Scandinavia A / S have been reported ready for collection.
3.4. If delivery because of the Buyer is delayed in relation to the agreed delivery date, the Seller has the right to make concentration of delivery and notify the Buyer thereof. Kiesel Scandinavia A / S shall be entitled to issue an invoice, whether Buyer has picked up as agreed.
4. Kiesel Scandinavia A / S liability for delay
4.1. Unless otherwise expressly stated in the agreement; it is the Seller specified delivery time approximate. Seller may require the delivery time amended by any change in or addition to the order.
4.2. Any delays shall not entitle the buyer to cancel the deal unless the delay is longer than 60 days.
4.3. The buyer can not as a result of Kiesel Scandinavia A / S 'delay or self canceling the contract, claim damages for loss of profits, loss of business profits or other indirect losses unless the buyer can prove that the delay is due to gross negligence of Kiesel Scandinavia A / S' page.
4.4. Kiesel Scandinavia A / S can not be required to pay compensation of more than DKK 10.000 total of delay per. purchase agreement.
4.5. In case of delayed or made impossible delivery due to circumstances, including strike, lockout, fire damage, lack of transportation, defects or delays in services from subcontractors can not be attributed Kiesel Scandinavia A / S and was Kiesel Scandinavia A / S unknown at the time of the contract, Kiesel Scandinavia A / S without responsibility Buyer's any derivative both direct and indirect losses.
4.6. The delay, caused by the reasons mentioned in section. 4.5., Only allows Buyer the right to terminate the contract if the purchased are not delivered later 8 days before the Buyer's application season for the purchased.
4.7. Kiesel Scandinavia A / S 'delivery obligation is suspended during the time that the delivery items, see. Section. 4.5., And Kiesel Scandinavia A / S has the right to cancel the purchase after that the delivery has lasted for more than 60 days without entitles the Buyer to claim damages of any kind.
5. Service, complaints and defects
5.1. The buyer is obliged to strictly observe the instructions of Kiesel Scandinavia A / S 'documentation, including brochures, manuals, or other written or oral information from Kiesel Scandinavia A / S for use and maintenance of the purchased.
5.2. Buyer shall upon receipt and before it bought into use, reviewed or edited, check the purchased goods to the agreed quality and quantity and check for any defects.
5.3. If the Buyer that the purchased is not the contract, the Buyer immediately in writing a claim against Kiesel Scandinavia A / S, with a description of the defect. Complaints about defects must be received by Kiesel Scandinavia A / S no later than 14 days after the defect is or should have been discovered by the Buyer.
5.4. Purchases of new products, including machinery, any warranty claims, of whatever nature, however, be argued later 12 months from the date of delivery, and sales of new spare parts later 6 months from the date of delivery, unless otherwise agreed in writing with Kiesel Scandinavia A / S.
5.5. For new products make Kiesel Scandinavia A / S within the period of 12 months replacement of parts that are defective due to material, assembly or manufacturing defects. The exchange does not take place if the error is because the buyer did not follow Kiesel Scandinavia A / S 'instructions, see. Section. 5.1. If the replacement is desired due to normal wear and tear if used spare parts other than the original or of Kiesel Scandinavia A / S assigned, or if the repair is carried out other than those of Kiesel Scandinavia A / S approved workshops.
5.6. Expenses in connection with justified complaint borne by Kiesel Scandinavia A / S. Kiesel Scandinavia A / S shall not be required to pay the installation costs in cases where installation can usually be made by Buyer. Have Buyer after delivery gained fitted optional equipment, organizing Buyer even any extra expenses caused those factors under the warranty. Kiesel Scandinavia A / S reserves the right to invoice Buyer for the costs of unjustified complaints.
5.7. If any defects that can be invoked against Kiesel Scandinavia A / S, is Kiesel Scandinavia A / S of your choice entitled and obliged within a reasonable time either to make replacement, remedy the defect or to provide Buyer a proportionate reduction in the agreed purchase price.
5.8. The buyer can not as a result of defects in the purchased or own cancellation of the agreement claim damages for loss of profits, loss of business profits or other indirect losses unless the buyer can prove that the defect is due to gross negligence by Kiesel Scandinavia A / S page.
5.9. Kiesel Scandinavia A / S can not be required to pay compensation of more than DKK 10.000 total of defects per. purchase agreement.
5.10. Initiates Kiesel Scandinavia A / S negotiating with the buyer in order to find an amicable solution to a complaint, that does not mean that Kiesel Scandinavia A / S has recognized the claim. Kiesel Scandinavia A / S is therefore still entitled to the period for complaints and liability limitations applicable to the Buyer.
6. Used machines / traded-in machines
6.1. When selling or trading-in of used goods, including machinery, spare parts, etc., these are treated as they are available and without any responsibility and without any warranty, see. However, the following provisions.
6.2. Has the selling party breached its loyal disclosure or if the machine etc., are considerably worse condition than might be expected, taking into account price and other circumstances, the section. 6.1. not.
6.3. When selling or trading-in of used equipment, the purchasing party in connection with missing however highest warranty in 3 months after delivery.
6.4. Unless otherwise agreed, endorse Buyer for the Buyer sold / ibytte given machine the km / hour, year, and that the machine is unencumbered, unless otherwise agreed in writing.
7.1. Payment is cash on delivery, unless otherwise agreed in writing.
7.2. Exceeded the agreed time of payment, Buyer shall pay 2% per year. month or in default interest from delivery date until payment is made and a fee of 300 kr. for each written reminder of payment.
7.3. Kiesel Scandinavia A / S reserves the right to advance to write off Buyer's payments of any interest and costs borne by the Buyer, insurance premiums and any repair and replacement costs associated with the purchased. Used payment in that manner that does not breach of Buyer's obligations, the agreed repayment scheme will be extended accordingly in accordance with the Credit Agreement Act § 28 paragraph. 3.
8. Credit purchases of property and the insurance obligation
8.1. Kiesel Scandinavia A / S retains title to the goods sold until full, valid payment of the purchase price, interest, costs etc. has taken place.
8.2. Failing purchase on credit, the Buyer is obliged before delivery on demand to sign the purchase agreement, request for insurance, etc. The purchaser is obliged to take out adequate third party liability, property insurance and fire insurance and is repayable obliged to document compliance with it by presenting policies and receipts for paid prices. The Buyer shall ensure that Kiesel Scandinavia A / S transport of any insured until the purchased is fully paid. The insurance serves to advance the payment of Seller's receivables to the extent it is not used for repair of the purchased.
8.3. Buyer must keep it bought in good and safe condition and to give Kiesel Scandinavia A / S access to inspect the purchased.
8.4. The purchaser is entitled to sell, pledge or otherwise dispose of the purchased in such a way that a third party acquires rights against this. If the purchased leased or loaned, the Purchaser is obliged to take the necessary, extended insurance see. Section. 8.2.
8.5. Buyer shall not, without the prior written consent of Kiesel Scandinavia A / S, leave it bought for others to repair, unless the repair is paid in cash.
8.6. Buyer must persist, change of address immediately provide Kiesel Scandinavia A / S notified.
9. product Liability
9.1. Kiesel Scandinavia A / S's liability for damage to property can not exceed DKK 2 million. unless otherwise agreed in writing.
9.2. It is between Buyer and Kiesel Scandinavia A / S agreed to Kiesel Scandinavia A / S can never incur further liability for product liability than that resulting from product liability directive's rules.
9.3. Kiesel Scandinavia A / S shall only be liable for damage if Kiesel Scandinavia A / S has acted with gross negligence.
9.4. Notwithstanding Clause. 9.1 - 9.3. is Kiesel Scandinavia A / S shall not in any way responsible for indirect losses, including financial losses, loss of profits, loss of time, etc., unless the buyer can prove that the loss is due to gross negligence of Kiesel Scandinavia A / S 'side.
9.5. If Kiesel Scandinavia A / S might incur liability to third parties due to Buyer's use, extension, alteration, destruction, disposal, sale, loan, rent, lease or other disposal of the sold machine, the Buyer shall be obliged to indemnify Kiesel Scandinavia A / S in so far as responsibility goes beyond the limits set out in section. 9.1.- 9.4.
9.6. Both Buyer and Kiesel Scandinavia A / S is liable to be sued at the same forum that addresses a possible case of product liability against the other party.
10.1 Disputes about or in connection with this Agreement shall be governed by Danish law in proceedings before the district court in Kiesel Scandinavia A / S 'jurisdiction.