Terms and conditions.
- The basis of the agreement
1.1 These General Terms and Conditions of Sale and Delivery (January 2005)
applies to all agreements unless otherwise agreed in writing.
1.2 Agreements are binding on the parties on the terms set out in the order confirmation.
Terms.
1.3 If the buyer disagrees with the content of the order confirmation, he shall submit
objection no later than 5 working days after the date of the order confirmation, however
no later than upon delivery.
1.4 Subsequent agreements are only binding if they are accepted in writing by
both parties. If the purchase contract deviates from the wording of the order confirmation,
then the purchase contract will take precedence over the order confirmation.
1.5 If it is agreed that either NL01 or NLM94 applies to the parties' agreement, then
they are only supplementary in relation to these terms and conditions of sale and
terms of delivery, unless otherwise agreed in writing. - Pricing
2.1 Prices for goods that are not to be delivered immediately are agreed under
subject to the condition that no changes have been made to public regulations prior to delivery
taxes, customs tariffs, exchange rates, etc.
2.2 If such changes have taken place, the seller is entitled to make
adjustment of the purchase price to compensate for this.
2.3 If the buyer is thereby burdened with a price increase of more than 5% of the agreed
price, the buyer can choose to cancel the transaction within 3 days after
he has received notification of the changed price.
2.4 Subject to errors and omissions Reservations are made for printing errors, price errors and technical errors in material, price lists and on the website. Bredsgaard A/S reserves the right to cancel orders where the price, specifications or other information is obviously incorrect and where an ordinary consumer should reasonably have realised the error. - Delivery and risk
3.1 Unless otherwise agreed between the parties, delivery shall be ex seller's
Business address.
3.2 If it has been agreed that the Seller shall dispatch the goods, the Buyer shall bear all costs
for freight and shipping. The buyer bears the risk of accidental damage to the goods.
loss or deterioration when the goods leave the Seller's warehouse.
3.3 If, due to the buyer's circumstances, delivery is delayed in relation to the
agreed delivery time, the Seller has the right to concentrate on the
delivery and inform the Buyer thereof. The Seller is entitled to
submit an invoice as if delivery had been made at the agreed time.
3.4 The Buyer is obliged to take delivery of the purchased goods within 6 days after the
The seller is ready for collection.
3.5 The seller is then entitled to issue an invoice as if the delivery was
happened as agreed. - Seller's liability in case of delay
4.1 Unless otherwise expressly stated in the contractual basis, it is
delivery time is approximate. The seller can claim the delivery time as an approximate time.
modified by any change in or addition to the order.
4.2 Any delays do not entitle the buyer to cancel the transaction,
unless the delay lasts longer than 30 days.
4.3 The Buyer cannot, as a result of the Seller's delay or cancellation
of the agreement, raise claims for compensation for operating loss, loss of time, loss of profit or
other indirect loss, unless the buyer can document that the delay
is due to gross negligence on the part of the seller.
4.4 If delivery is delayed or made impossible as a result of
circumstances, including but not limited to strike, lockout, fire damage, shortage
on means of transport, defects or delays in services provided by
subcontractors who are not attributable to the seller and who were the seller
unknown at the time of the order confirmation, the Seller shall have no liability
for any direct and indirect losses incurred by the buyer.
4.5 Delays caused by reasons listed in section 4.4. will only give rise to
the buyer has the right to cancel the contract if the purchased goods are not delivered within 8
days before that buyer's utilisation season, unless the
agreed delivery date is later than this date.
4.6. The Seller's delivery obligation is suspended for the duration of the delivery hindrance
goods, cf. section 4.4, and the seller has the right to cancel the purchase when
the obstacle to delivery has lasted for more than 30 days without this
entitles the buyer to claim compensation of any kind. - Service, complaints and defects
5.1 The Buyer is obliged to strictly observe the Seller's
documentation material, including brochures, guides, or other
written or verbal information from the seller about the use and
maintenance of the purchased item.
5.2 The Buyer shall, upon receipt and before using the purchased goods, adjust
or processed, check whether the purchased goods correspond to the agreed quality
and quantity and for any defects.
5.3 If the buyer finds that the purchased goods are not contractual, the buyer shall
immediately complain in writing to the seller with a description of the
the defect. Complaints about defects must be received by the seller
no later than 8 days after the defect is or should have been discovered by the buyer.
5.4 When purchasing new goods, including machinery, electrical installations, tyres and
hoses, any defect claim, regardless of its nature, must be asserted
no later than 12 months from the delivery date, unless otherwise agreed in writing
agreed upon. On seasonal machines delivered outside the relevant
machine's season, however, the deadline only runs from the beginning of the following
the incoming season.
5.5 The Seller shall, within the deadline, replace parts that are defective on
due to material, assembly or manufacturing defects. Exchanges take place
not take place if the fault is due to the Buyer not following the Seller's instructions,
see section 5.1. or spare parts other than the original ones have been used or
those specified by the Seller or that the repair has been carried out by others than those
Selling authorised workshops.
5.6 Replacement will not take place due to normal wear and tear.
5.7 Expenses in connection with a justified complaint
shall be borne by the Seller. However, the Seller is not obliged to
to bear the installation costs in cases where installation
can normally be made by the buyer. If, after delivery, the buyer has received
additional equipment fitted, the buyer is responsible for any additional costs
caused thereby in connection with the rectification of defects. The Seller
reserves the right to invoice the buyer for the costs of unauthorised
Complaints.
5.8 If defects are found that can be claimed against the Seller,
the seller is entitled and obliged, at its own discretion, within a reasonable time
either to make a replacement delivery, rectify the defect or provide the buyer with a
proportionate reduction in the agreed purchase price.
5.9. Operating losses, loss of time, loss of profit and other indirect losses in connection with
the rectification of the defect does not entitle the Buyer to claim compensation.
5.10. If the seller initiates negotiations with the buyer in order to find a
amicable resolution of a complaint, it does not imply that the seller has
recognised the complaint. The Seller is therefore still entitled to do the following
the agreed complaint periods and limitations of liability applicable to
for the buyer. - Used machines/replaced machines
6.1 When selling or exchanging used machines etc. these are traded,
as they are and exist without any responsibility and without any
right of complaint, cf. however the following provisions.
6.2 If the selling party has breached its duty of fair disclosure or if
the machine, etc. is in significantly worse condition than could be expected
taking into account the price and other circumstances, clause
6.1. not.
6.3. When selling or exchanging used machinery, the purchasing party has the right to
in connection with hidden defects, however, the maximum warranty period is 1 month
after delivery.
6.4 Unless otherwise agreed, the buyer guarantees the sold/exchanged goods
machine's kilometre/hour figures. - Payment options
7.1 Payment shall be made in cash on delivery, unless otherwise agreed in writing.
7.2 If the agreed payment date is exceeded, the buyer must pay 0.5% per tonne.
month or part thereof in default interest from the due date and until payment is made in
addition to the agreed credit interest rate and a fee of DKK 100 for each
written reminder for payment.
7.3 The Seller reserves the right to use the Buyer's payments in advance
on any interest and costs incurred by the Buyer,
insurance premiums and any repair and maintenance costs
spare part costs in connection with the purchase. To be used
payment in the aforementioned manner does not constitute a breach of
buyer's obligations as the agreed instalment scheme is extended
correspondingly in accordance with section 28(3) of the Danish Credit Agreements Act. - Retention of title and insurance obligation
8.1 The Seller reserves the right of ownership of the goods sold until valid
payment has taken place.
8.2 If the purchase is made on credit, the buyer is obliged, before delivery on demand, to
sign the purchase contract, insurance application etc. The Buyer is obliged to
take out the necessary liability, comprehensive and fire insurance and are on
obliged to provide evidence of compliance with this on request by presenting
of policies and receipts for premiums paid. The seller has transport in a
any sum insured until the purchase has been paid in full and
the sum insured serves as advance fulfilment of the seller's
credit to the extent that it is not used to repair the purchased item.
8.3 The Buyer shall keep the purchased goods in good and sound condition and shall give the Seller
access to inspect the purchased item.
8.4 The Buyer is not authorised to sell, pledge or otherwise dispose of
the purchased goods in such a way that a third party obtains rights over
this. If the purchased goods are rented or lent, the Buyer is obliged to
take out the necessary extended insurance policies, cf. clause 8.2.
8.5 The Buyer may not, without prior written consent from the Seller,
hand over the purchased item to others for repair, unless the repair
Paid in cash.
8.6 In the event of a permanent change of address, the Buyer must immediately inform the Seller
Notification of this. - Product liability
9.1 The Seller's liability for damage to property cannot exceed DKK 2 million.
unless otherwise agreed in writing.
9.2 To the extent that the seller may be held liable to third parties in
in connection with the use that the buyer may make of the machine sold
- including resale - the buyer is obliged to indemnify the seller in
to the extent that the liability exceeds the stated limit, see clause 9.1.
9.3 It is agreed between the buyer and the seller that the seller can never be held liable
more extensive product liability liability than what follows from
Product Liability Directive rules.
9.4 The Seller shall only be liable for damage caused by the goods sold to the Buyer.
property, movable property or damage resulting therefrom while the goods sold are in
possession of the buyer, or damage to goods that have been produced or
resold by the buyer if the seller has acted with gross negligence.
9.5 Both buyer and seller are obliged to allow themselves to be sued by the same
forum that handles any product liability case against the
Second part.
9.6. Notwithstanding the aforementioned, the seller is not in any case liable for
indirect losses, including property loss, operating loss, loss of profit, loss of time, etc. - Disputes
10.1 Disputes relating to this Agreement shall be settled by civil action at
the district court in the Seller's jurisdiction and according to Danish law. - Right of cancellation (for private individuals only) When purchasing as a consumer via a webshop, you have a 14-day right of cancellation after receipt of the goods. You must pay the return freight yourself and the item must be returned in substantially the same condition and quantity. The right of cancellation does not apply to custom-made or customised products.
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