Term and Conditions
Unless otherwise provided by statute or by written agreement, all sales are made on the basis of the following terms of sale and delivery. Sales incl. installation are based on NLM 94.
1. Offers and order confirmation
Offers are valid for 30 days from the date of the offer and will lapse if no acceptance has been received. Our order confirmation verifies that an agreement has been made and is valid unless the buyer withdraws before the deadline according to the applicable delivery plan. It is the buyer’s own responsibility to check that the offer/order confirmation is in accordance with the requirements in terms of quantities and specifications. Information in catalogues, brochures, price lists,
etc. is binding only to the extent such information is stated in the offer or order confirmation. Free assistance such as technical guidance, measurement, calculation of quantities based on drawing material, etc. is solely a service and should not be confused with advisory responsibility, which Lindab A/S does not assume.
2. Delivery & delivery time
If no specific delivery time is specified in the offer or order confirmation, delivery will take place as soon as possible.
The delivery period stated in the order confirmation is binding unless otherwise agreed. If the buyer’s circumstances mean that delivery cannot be made as agreed, the seller has the right to invoice according to the agreed time period. If no special delivery agreements have been made, delivery will take place ex works. If an agreement has been made for delivery to the buyer or a place specified by the buyer, the purchased items will be delivered to that location, provided that there is an accessible roadway. The buyer shall inspect the delivery and provide the necessary personnel for unloading. The buyer’s crew must issue a receipt of delivery. We are entitled to invoice the costs of any time spent waiting or redelivery.
Regardless of whether or not the sold item must be assembled, the risk of damage to the goods at the time of delivery is transferred, and the buyer is therefore obliged to ensure that the goods can be stored in a proper manner.
Installation shall be carried out in accordance with the Lindab A/S installation instructions and with professional diligence.
If delivery or installation takes place more than three months after the offer or order confirmation date, we will be entitled to adjust prices in light of any increases in supplier rates, contractual wages, freight rates, governmental charges, fluctuation in exchange rates or other increases in our costs. Prices are exclusive of VAT, unless otherwise stated.
Unless otherwise agreed, payment shall be made in cash before delivery. If installation is required and is not carried out immediately after delivery, we will be entitled to invoice for the goods upon delivery. The purchase price shall be invoiced and due for payment from the agreed delivery date, if the buyer’s circumstances mean that delivery cannot take place as agreed. If by agreement an instalment is to be paid in advance of delivery, the delivery deadline shall be extended, if such instalment is not paid on time. In the event of late payment, interest shall be charged according to the Interest Act, p.t. 5%
p.a. above the applicable discount rate from 30 days after receipt of invoice.
Goods may only be returned by prior arrangement on a case-by-case basis. The goods must be unused, free of defects and in
the original, unbroken packaging. The goods must be unsoiled. However, items specially produced and/or purchased for the buyer may not be returned. Approved returned goods are usually credited minus 40% of the ex-VAT sales price upon
carriage paid delivery to our premises or a place of our designation. We will not accept return goods of a value under DKK 500.00. Returnable packaging shall be credited upon carriage paid delivery in undamaged condition within three months of our delivery. Credit shall be accorded with a deduction to cover wear, etc.
Samples only show the colour, size and quality in general, which is why we will not be responsible for any discrepancies unless they are significant and for the buyer unforeseeably large in relation to the samples presented.
8. Missing items
Immediately upon receipt and before the goods are put into service or processed, the buyer must review the delivery to ensure that it is complete. Claims against missing items that were or should have been detected by such an inspection shall be made immediately - within eight days of delivery - and in any case before the goods being put into use or processed. We have the right to undertake remediation, including making a subsequent delivery, if too little has been delivered. Such remediation shall take place within a reasonable time. If the buyer cancels the agreement due to significant deficiencies that are not remediated within a reasonable time, the buyer shall make the delivered goods available in the same condition as they were upon delivery. Liability for deficient delivery ceases two years after the handover of the construction of which
the delivery was part. However, in the case of deliveries for stock or resale, the liability shall cease no later than three years after delivery to the buyer.
9. Extended liability for deficiencies
If AB 92 or ABT 93 are applicable to the buyer, the following special provisions (the construction delivery clause) shall apply: Liability for deficiencies shall cease five years after the handover of the construction project of which the delivery was part. However, in the case of deliveries for stock or resale, the liability shall cease no later than six years after delivery to the buyer. If it is deemed that a claim against our buyer or subsequent buyers regarding a delivery deficiency cannot be made or can only be made with great difficulty, it is acknowledged that the claim may also be made directly against us.
In such a case, we can only be held liable for deficiencies to the extent that our own delivery was deficient and furthermore only to the extent that arises from our own contractual relationship with our buyer. However, we acknowledge in all cases the
possibility of being sued together with the buyer or subsequent buyers on the basis of the parties’ mutual relationship. Such cases may be handled by the Court of Arbitration for Construction and Building Contractors.
10. Product liability
The buyer shall indemnify us to the extent that we are liable to third parties for such damage and loss. We are not liable for any damage caused by the delivery after the handover:
• to real property or personal property that occurs while the delivery is in the buyer’s possession;
• to products manufactured by the buyer, or products in which they are included, or for damage to real property or
personal property caused by these products as a result of the delivery.
In no event shall we be liable for any operating loss, lost profit or other indirect loss. The aforementioned limitations to our liability shall not apply if we have been guilty of gross negligence. If a third party makes a claim against one of the
parties for liability under this paragraph, that party shall immediately notify the other. Together with the buyer, we are mutually obliged to bring a suit in the court or court of arbitration that handles damages brought against one of the
parties on the basis of an injury or loss allegedly caused by the delivery.
11. Limitation of and freedom from liability
Our liability in the event of deficiencies may in no case exceed 15% of the purchase price. With regard to any deficiencies or product liability, we are under no circumstances responsible for operating losses, lost profits or other indirect
losses. The following circumstances result in freedom from liability if they impede fulfilment of the agreement or render it unreasonably burdensome:
• labour disruption and any other circumstance over which the parties have no control, such as fire, war, mobilisation or
military call up of similar scope, requisition, seizure, currency restrictions, riots and disturbances, lack of means of
transport, general scarcity of goods, restrictions on power, and missed or delayed deliveries from subcontractors due to
any of the circumstances mentioned in this paragraph.
Circumstances, as mentioned, result in freedom from liability only if their influence on the performance of the agreement could not be foreseen when the agreement was concluded. It is incumbent on the party wishing to invoke any
grounds for exemption from liability as mentioned above to give written notice to the other party of its occurrence and termination without delay.
The delivered goods comply with the legal requirements of the country of destination of Lindab’s sale. Should the buyer resell to another country, compliance with that country’s statutes is the responsibility of the buyer.