The following terms of sale and delivery shall apply to all orders unless the parties have agreed otherwise in writing or have signed a special agreement.
1. Offer and acceptance
1.1. Unless otherwise agreed, all orders are registered to the applicable prices on the day of delivery and both as regards price and delivery subject to strike, lockout and other conditions below.
1.2. Unless otherwise stated, an offer is only legally binding provided that the customer accepts this offer within 10 days from the date of the offer.
1.3. Provided that a possible order confirmation differs from the customers’ order/acceptance, and the customer does not want to accept those changes, the customer is to inform Hassø Maskinteknik of this within 8 days.
2. Technical and product information
2.1. All information in brochures, catalogues, price lists etc. of weight, dimensions, capacity, efficiency and other technical data is approximate and only binding to the extent that the agreement specifically refers to this information. All prices are ex. VAT subject to possible errata as well as price and pay increases.
2.2. For products which according to their nature require special documentations concerning installation, operation and maintenance Hassø Maskinteknik will supply the customer with this documentation free of charge by the delivery of the product to the extent that it is possible. Other drawings and technical documents supplied to the customer belong to Hassø Maskinteknik and may not be used for anything else than the purpose of the conveyance.
Thus, the material may not be copied, conveyed to or in another way be communicated to a third party.
3. Construction changes
3.1. Prior to delivery Hassø Maskinteknik reserves the right to carry out such changes in the construction, design etc. which Hassø Maskinteknik might
consider necessary. Such changes only entitle the costumer to cancel the purchase provided that the customer can prove that a certain construction, design etc. prerequisite for the purchase. Changes made and hence caused cancellation of the purchase do not entitle the customer any damages.
3.2. Configuration services that are provided according to the customer’s instructions or specifications or are inconsistent with the directions of
the co-manufacturer or Hassø Maskinteknik are only performed at the customer’s own risk.
4.1. The prices stated are inclusive of packing and duty but exclusive of VAT and other possible government taxes unless otherwise agreed.
4.2. Unless otherwise agreed all prices are stated ex works, and thus, freight charges are paid by the customer.
4.3. By delivery of services on the address of the customer or on other addresses pointed out by the customer, the customer is charged for the transport to such an address.
4.4. By changes of currency rates, purchase prices, duty, freight rates or other circumstances on which Hassø Maskinteknik has no influence,
Hassø Maskinteknik is entitled, until delivery has taken place, to change the prices in conformity with this.
5.1. The terms of payment of Hassø Maskinteknik are as stated on the invoice so that the invoice amount is due no later than 14 days after the date of the invoice. If the customer fails to pay on time, and the delay is not caused by Hassø Maskinteknik, Hassø Maskinteknik is entitled to charge default interest on overdue amounts with an interest rate of 2 % for each month or part of a month.
6.1. Unless otherwise agreed in writing, the times of delivery are stated at the best estimate.
6.2. If Hassø Maskinteknik is unable to keep the time of delivery agreed or that a delay is considered probable, the customer is provided with written
information about this and – if possible – about the expected time of delivery. Provided that Hassø Maskinteknik is not in a position to deliver the goods at the agreed time of delivery or according to an extended time of delivery cf. previous paragraph, the customer is entitled to cancel the purchase, unless the delay is unessential.
6.3. Hassø Maskinteknik is responsible for losses which the customer might suffer as a result of delay or non-delivery can never exceed 10 % of that part of the purchase price covering that part of the delivery of which the agreement is cancelled.
6.4. If Hassø Maskinteknik’ delay is caused by force majeure, cf. below, the customer is not entitled to claim damages from Hassø Maskinteknik but only to cancel the agreement. Yet Hassø Maskinteknik´ exclusion of liability stated above is not in force provided that Hassø Maskinteknik is guilty of gross negligence.
6.5. If the customer omits receiving the purchased items on the day agreed, the customer is still obliged to effect any payment as if delivery had taken place. Hassø Maskinteknik arranges for the purchased items to be stored at the customer’s expense and risk, and Hassø Maskinteknik must at the customer’s request insure the purchased items at the customer’s expense.
6.6. Hassø Maskinteknik can request the customer in writing to receive the purchased items within a reasonable time. If the customer omits this,
Hassø Maskinteknik is through information in writing entitled to cancel the agreement, and in that case Hassø Maskinteknik is entitled to damages for the loss which
the customer’s violations have caused.
7. Passing of the risk
7.1. Unless otherwise agreed the delivery is considered sold ex works.
7.2. The risk of the purchased items is passed on the customer’s receipt of them. By transport with Hassø Maskinteknik´ carrier the risk of the purchased items passes on the customer’s receipt in the place of destination as Hassø Maskinteknik arranges the transport insurance. By the customer’s collection of the purchased items on Hassø Maskinteknik´s address or by transport with the customer’s own carrier, the risk is passed on Hassø Maskinteknik’s address on receipt
of the purchased items.
8. Exemption from liability – Force majeure
8.1. The following circumstances entail exclusion of liability when they occur after the formation of the contract and prevent the performance
hereof: labor conflicts, strikes, lockouts and any other circumstances which are beyond the influence of the parties, such as fire, war, mobilization
or unpredicted military summon to a similar extent, sabotage or terrorism, exchange controls, seize, rebellions and disturbances, lacking means of transport, general shortage of goods, restrictions of motive power and lack of or defective deliveries from subcontractors or delays of such deliveries caused by any of these in this paragraph mentioned circumstances.
8.2. That party who wants to invoke any of the mentioned circumstances must without undue delay inform the other party in writing of the emergence and cessation of the event.
8.3. Both parties are entitled to by notice in writing to the other party to cancel the agreement when its performance within a reasonable
time is impossible due to any of the in this paragraph mentioned circumstances.
9. Ownership reservation
9.1. The sold items shall remain Hassø Maskinteknik’s property until full payment has been received. Hassø Maskinteknik can require the sold items insured at the customer’s expense and risk.
10. Liability for defects
10.1. As regards products straight from the factory, Hassø Maskinteknik assumes for a period of 12 consecutive months after the delivery without undue delay to supply substitute goods or make repairs of the customer’s own choice if the defects of the delivery are due to construction, manufacturing
of materials or that Hassø Maskinteknik has made the installation erroneously. The period of 24 months, within which notice must be given of any lack of conformity of goods, is excluded from this contract. As regards repair, the products are warranted for 3 months. Used products and exchange parts are not warranted unless otherwise agreed.
10.2. The remedy does not include cases where the defects are caused by inadequate maintenance or the products has not been used
in conformity with Hassø Maskinteknik’s regulations or the regulations of the manufacturer, erroneous or inappropriate use, changes or technical meshes
without the written consent from Hassø Maskinteknik or extraordinary climatic influences.
10.3. Wearing parts are not covered by the remedy. The installation and disassembling costs are not covered by the remedy.
10.4. If the remedy must take place in Hassø Maskinteknik’s own machine shop, the customer shall be obliged to hand in the product for repair.
After repair, the product is sent or delivered to the customer at Hassø Maskinteknik’s expense and risk which are also effective by submission to the customer of deliveries or parts in the form of supply of substitute goods.
10.5. Defect parts exchanged according to the above shall be put at Hassø Maskinteknik´s disposal.
10.6. Hassø Maskinteknik does not vouch that the products delivered will function faultlessly or without stoppage in connection with the customer’s existing computer products/systems. Hassø Maskinteknik does not vouch neither that the manufacturer will remedy every possible defect or inconveniences in delivered computer programs.
10.7. Hassø Maskinteknik is not responsible for any defects beyond the obligations stated above. Thus, Hassø Maskinteknik is under no circumstances responsible for indirect losses and secondary damages such as operating losses, loss of profits, costs paid in vain, loss or corruption of data or other indirect loss.
10.8. The same conditions are effective for losses caused by the fact that the customer’s computer system does work (completely) with components or programs installed by Hassø Maskinteknik.
10.9. If Hassø Maskinteknik does not fulfill its obligations within a reasonable time as regards supply of substitute goods or repair, the customer can give Hassø Maskinteknik a deadline for fulfillment. If the obligations are not fulfilled before the expiration of this deadline, the customer can, of his own choice, either have the necessary repairs made at Hassø Maskinteknik’ expense and risk or demand a proportionate discount – yet max. 15 % of the purchase price
agreed. If the defect is significant, the customer can cancel the contract in writing to Hassø Maskinteknik. By the cancellation the customer can demand compensation for his loss – yet max. an amount corresponding to 15 % of the purchase price agreed.
11. Product liability
11.1. If a delivery from Hassø Maskinteknik causes any damage, Hassø Maskinteknik is responsible for personal injury on condition that it can be documented that the damage is caused by act or omissions perpetrate by Hassø Maskinteknik. Hassø Maskinteknik is not responsible for damage on fixtures and fittings or immovable property. Hassø Maskinteknik is under no circumstances responsible for operating losses, lost profit or other indirect loss.
11.2. To the extent that Hassø Maskinteknik might incur product liability towards any third party, the customer is obliged to indemnify Hassø Maskinteknik for loss to
the extent that such liability extends beyond the limits stated above. The customer is under an obligation to be sued at the same court that hears
claims for damages against Hassø Maskinteknik in case of damage claimed to be caused by mistake by one of Hassø Maskinteknik´ deliveries.
12.1 Damages caused directly or indirectly by Hassø Maskinteknik are covered by max. DKK 10 million per damage per year. Hassø Maskinteknik disclaims every liability
for operating losses, lost profit and other indirect loss. Hassø Maskinteknik wants to be co-insured on your contents insurance.
12.2 Damages on CNC and electromotive machines, electro motors and switchboards are covered by max. DKK 100,000 per damage.
13.1. The customer is obliged to examine the delivery immediately on receipt/Hassø Maskinteknik´s notification of completion. Complaints must be made in writing within 5 days from the receipt/ notification of completion. The complaint must contain a description of the error or the defect.
14. Applicable Law and Venue
14.1. Any dispute referring to the agreement is settled according to Danish Law by the Court in ***.