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GENERAL TERMS OF SALE AND DELIVERY
The following general terms of sales and delivery apply to all quotes, orders etc., when they are not covered by another written agreement or contract between the parties. NL 92 applies to any points not specified below.
2. QUTOES AND ORDERS
Written quotes are binding on A/S BEVOLA for 30 days from the date they are issued. Orders that are not based on a written quote first become binding when A/S BEVOLA’s written order confirmation is received by the customer. Delivery dates stated on a quote are a guideline only and can vary. Delivery dates will be stated at the time an order is placed or upon request and are contingent on all technical details and other information from the customer being received and will not change.
3. DRAWINGS AND DIMENSIONS
All details on dimensions, weight, capacity, price, technical and other data stated in the catalogue, on our website, in advertisements, price lists etc., are for guidance only and can be changed without notice. Such details are only binding in a written agreement or contract.
All drawings, technical documents and other such written material concerning the use, manufacture, repair or maintenance of the deliverables provided to the customer remain the property of A/S BEVOLA. Such documents cannot be used for any other purpose than contractually agreed without the prior written consent of A/S BEVOLA, and cannot be copied, reproduced or disclosed to any third party.
All drawings provided to A/S BEVOLA by the customer for manufacturing remain the property of the customer and will be treated confidentially if clearly marked as such.
Unless otherwise stated in a quote or order confirmation, all prices are stated EX Works (current Incoterms) from A/S BEVOLA’s addresses, excluding customs and other duties. Packaging can be invoiced separately.
Terms of payment are agreed individually. In the event of agreed terms being exceeded, 1.75% in penalty interest will be charged per month or part thereof. Should A/S BEVOLA be unable to obtain a positive credit rating for the customer, payment in advance or surety can be required.
When special goods are ordered, A/S BEVOLA can demand payment with order.
The customer cannot deduct any amount from the purchase price for delay, warranty claims or other claims.
6. PACKAGING, SHIPPING AND DELIVERY
Shipping is at the customer’s expense and risk regardless of whether A/S BEVOLA pays shipping costs.
Unless any other special form of shipping is agreed in writing, A/S BEVOLA shall select the most appropriate form.
7. WARRANTY CLAIMS
In the event of visible damage upon receipt, a claim shall be made immediately against the haulier.
Deliveries must be inspected as soon as possible. Any defect or deficiency found upon arrival and the subject of a claim against A/S BEVOLA shall be reported via our warranty claim form on the website within seven days of receipt.
Returns can only be made with the written consent of A/S BEVOLA and completed warranty claim form.
8. RIGHT TO RETURN
Standard goods can be returned within 30 days of delivery by prior written agreement.
A/S BEVOLA is not obliged to take goods in return that are no longer part of the current range, damaged or replaced by another type.
A/S BEVOLA does not take special or specially-ordered goods return.
Goods returned are at the buyer’s expense and risk and A/S BEVOLA charges a return fee of 20% of the value of the goods and minimum DKK 250.
9. PRODUCT LIABILITY
A/S BEVOLA can opt to replace or repair any faulty products within one year providing the fault is due to the design or manufacture of the product.
If the product has not been used and maintained/serviced as agreed or in accordance with instructions, A/S BEVOLA cannot be liable.
10. LIMITATION OF LIABILITY
A/S BEVOLA cannot be held liable for indirect loss or consequential damage such as operational loss, loss of profit, loss of expected savings etc. regardless of on what grounds a claim is made or the degree of negligence. A/S BEVOLA is not aware of and cannot be liable for deliverables infringing any third party patent, trade mark, design protection or other rights.
A/S BEVOLA’s liability for any loss or damage is limited to the amount the customer has paid for the product (or lack of the same) that is the subject of the claim.
11. FORCE MAJEURE
A/S BEVOLA cannot be held liable to the customer when the following circumstances arise after signing the contract and that prevent or delay its fulfilment: War and mobilisation, rebellion and civil unrest, terror actions or risk of the same, natural disasters, strikes and lockouts, shortage of goods, non- or delayed-delivery of goods from subsuppliers, fire, transport shortages, import and export restrictions, death, disease or the loss of key personnel or other circumstances over which A/S BEVOLA has no direct control. In such instances, A/S BEVOLA is entitled to postpone delivery until the circumstances have ceased to apply or to cancel the contract in whole or part without incurring liability.
Any dispute related to orders and contracts is subject to Danish law and shall be resolved by the Maritime and Commercial Court in Copenhagen.