Terms and conditions of sale and deliverysissal2020-06-18T11:34:22+00:00
TERMS AND CONDITIONS OF SALE AND DELIVERY
These terms and conditions of sale and delivery apply where no alternative agreement has been entered with Petur Larsen pf (hereinafter PL) to all sales (hereinafter The Sales Object) to the customer (hereinafter The Customer) as well as the performance of any maintenance or workshop services for The Customer.
The price of The Sales Object is specified in the applicable and signed contract. Unless otherwise specified, prices are quoted without freight, VAT, customs tariffs or any other taxes or levies. Any such sums are payable by The Customer in addition to the quoted price.
If any of PL’s suppliers raise the prices payable by PL and any such price increase applies to a Sales Object, which has been purchased but not yet delivered, then the price quoted in the order confirmation may be raised accordingly. PL must immediately and within 5 days of receiving a notification of a price increase notify the customer. The customer may thereafter rescind the agreement made by written notice submitted to PL. This notice must be received by PL within 7 days of The Customer receiving a notification of a price adjustment. If The Customer does not submit a notice of order cancellation within the 7-day deadline, then the agreement shall be considered entered at the adjusted price notified to The Customer by PL.
In case any charges, levies or other services or provisions payable in conjunction with the sale or registration of The Sales Object, are changed after the entry of the agreement, but before payment has been made, then the price of The Sales Object will be adjusted accordingly.
TERMS AND CONDITIONS OF PAYMENT
The purchase sum is payable as agreed between PL and The Customer.
PL reserves the right to require prepayment as a condition for entering an agreement with The Customer.
RETENTION OF TITLE
The Sales Object shall remain PL’s property until the full purchasing sum including levies, costs and any interests has been paid.
Until property has been transferred to The Customer, The Customer has an obligation to keep the Sales Object duly insured and may not undertake any resale, pledge, loan or lease to third parties, process or in any other way dispose of The Sales Object to the detriment of PL. The Customer must allow Petur Larsen pf access to The Sales Object and assist in its handover if PL should cancel the sale.
DELIVERY, DELAYS AND PASSING OF RISK
Delivery is deemed to have taken place once The Sales Object has been made available to The Customer or handed over to a third-party designated by The Customer, e.g. a freight company.
Risk for The Sales Object is passed to The Customer at delivery.
If The Customer fails to collect or receive The Sales Object, or if any other circumstance relating to The Customer prevents the handover of The Sales Object, delivery shall be considered to have taken place at the time when The Sales Object was made available to The Customer by PL. Until The Customer collects The Sales Object, The Sales Object will be stored at The Customer’s expense and risk, this means that PL is entitled to require payment from The Customer for all related costs incurred. PL is entitled to sell The Sales Object pursuant to the provisions in Art. 34 of Købeloven (The Danish Sale of Goods Act).
PL shall not be liable for any incomplete or delayed fulfilment of the agreement if this is caused by circumstances beyond PL’s control such as war, unusual natural phenomena, fire, strike, lockout or terrorism. PL must immediately notify The Customer of any such circumstances preventing the fulfilment of the agreement.
DEFECTS AND OMISSIONS
Spare parts/maintenance and repair services
PL guarantees that at the time of delivery spare parts are free from defects and omissions pursuant to the relevant product specifications, and that any maintenance or repair work is free from faults in workmanship.
Should any spare parts and/or maintenance or repair work be affected by defects or omissions then, PL shall offer to repair or replace it at no expense to the buyer. PL shall determine whether the spare part should be repaired or replaced. If PL estimates that it is necessary to return the spare part to PL for repairs, then PL shall pay any related expenses.
The buyer has a duty to examine goods on delivery and complain to PL immediately after detection of any defect or omission. If the buyer fails to complain immediately after detection of defects or omissions, and within 24 months of delivery at the latest, then the buyer foregoes any entitlement to redress from PL.
Notwithstanding the above, the period of limitation when only maintenance or repair services have been provided is 3 months from the completion of the service.
Used machinery is sold as is and as inspected by The Customer. PL guarantees that the machine at the time of delivery is in usable condition and free from functional defects and omissions.
Should the machine have any such defects or omissions, then PL will offer to repair the machine at no cost to the buyer. PL shall determine the scope of the repairs as long as the machine maintains its functionality.
The buyer has a duty to examine goods on delivery and complain to PL immediately after detection of any defect or omission. If the buyer fails to complain immediately after detection of defects or omissions, and within 3 months of starting to use the machine, but under no circumstances later than 6 months after delivery, then the buyer foregoes any entitlement to redress from PL.
Please note that the warranty period of maximum 6 months pursuant to Point 7.2 item 3 above, applies to the whole machine including any new spare parts.
PL is only liable for damage to The Customer’s property caused by products and/or services delivered by PL, whether such damage occurs before or after delivery of the products and/or services, to the extent that such liability arises from general rules on liability.
On the same basis (general rules on liability) PL is liable for damage to third-party property, including personal injury, caused by products or services delivered by PL.
LIMITATION OF LIABILITY
The maximum amount PL can be held liable for in accordance with Point 8.1 is DKK 5.0 million.
Notwithstanding the provisions in Points 7, 8 or 9.1, PL is not under any circumstances, whether by gross or simple negligence, liable for operating losses, lost time, lost profit or any other similar indirect losses incurred by the buyer.
DEFAULT BY THE CUSTOMER
The Customer has the obligation to compensate for any loss incurred directly or indirectly by PL owing to The Customer’s default, including rescinding of agreement, on any obligation arising from the agreement entered with PL. This compensation is set at a minimum of 15% of the agreed price, which The Customer shall pay regardless of the degree of documentation of loss. If PL can document a loss greater than 15% of the agreed price payable by The Client, then The Client shall pay this sum as compensation to PL.
PL is entitled to rescind an agreement entered with The Customer in the case of substantial contractual default by the customer. Substantial contractual default includes, but is not limited to (a) The Customer’s bankruptcy (b) The Customer’s cessation of payments; and (c) any transfer or resale by The Customer in breach of Point 12.
TRANSFER OF RIGHTS OR OBLIGATIONS
PL is entitled to wholly or partially transfer to a third party PL’s rights and obligations arising from the agreement with The Customer.
PURCHASE OF USED MACHINERY FOR THE PURPOSE OF RESALE
Without PL’s prior written consent, The Customer is not entitled to wholly or partially transfer its rights or obligations under the agreement with PL to a third party.
APPLICABLE LEGISLATION AND FORUM
Any dispute arising between PL and The Customer shall be settled in accordance with Faroese law at the Faroe Court of Justice.