Standard Terms for Sales Confirmations
The contract: Only the terms set out in this document shall constitute
the contract between the Purchaser and Four Nordic (known here-in as 4N) for the
sale of the equipment.
Delivery: Delivery of the equipment shall be effected when the
equipment is turned over to the transporter at the place of delivery. Upon delivery
the equipment shall be at the risk of the Purchaser in all respects.
Property of the equipment: The property of the equipment shall
pass to the Purchaser when, and only when, payment in full has been received by
4N.
Transport and installation: The Purchaser will undertake at its
own expense the transport, relocation and commissioning of the equipment. The Purchaser
shall at its own expense be fully responsible for all maintenance required for the
equipment after delivery.
Delay: In case the delivery date is exceeded more than 30 days
the Purchaser is entitled to cancel the contract unless force majeure is in question.
With such a delay the Purchaser may claim damages for a loss suffered if the Purchaser
proves that 4N has shown gross negligence.
4N's responsibility for the loss that the Purchaser may suffer as consequence of
the delay or of the lack of delivery shall under no circumstance exceed 10% of 4N's
sales price to the Purchaser.
Removal of equipment: The removal of the equipment from the Site
to the new premises shall be completed within a period of 14 days of the date which
4N shall inform the Purchaser is the delivery date, and if the Purchaser shall fail
to remove the equipment within such period 4N shall thereupon be at liberty to procure
that it is removed and stored at the expense of the Purchaser and the Purchaser
shall immediately thereafter become liable to 4N for the whole of the purchase price
after deducting any deposit.
Notification of defects: The Purchaser is obliged to examine the
equipment promptly on receipt and notification of defects shall be made in writing
no later than 30 days upon receipt of the equipment.
After this period the Purchaser can only make notification of defects, which could
not be determined at such first-hand examination. Notification of defects shall
be made in writing without any unfounded delay after determination of the shortcomings.
Upon the passing over of the risk of the equipment to the Purchaser 4N shall bear
no responsibility for shortcomings, apart from the liabilities set out in this clause.
For that reason the Purchaser is not entitled to cancel the contract, claim damages
or sustain any other claim of non-fulfillment.
4N clearly disclaims responsibility for any indirect losses such as consequential
loss, loss of time, loss of profits or the like that the shortcomings may have caused
the Purchaser.
Force Majeure: The following circumstances result in exemption
from liability when occurring after the conclusion of the contract and preventing
its fulfillment:
Labor disputes, strikes, lockouts and any other circumstance on which the parties
have no influence such as fire, war, mobilization, unforeseen military calling-up,
sabotage acts, requisition, impounding, currency restrictions, import or export
prohibition, rising, disturbances, lack of working plants, general lack of goods,
restrictions in the means of motive power, and lack of deliveries from sub-contractors
or delay in such deliveries as described in any of the circumstances in this clause.
4N is entitled to inform the Purchaser in writing that the contract is cancelled
when a fulfillment hereof in reasonable time is impossible due to one or more of
the circumstances stated in this clause.
Product liability: In case a delivery from 4N causes damage, 4N
is responsible to the Purchaser for personal injury if proved that the injury is
caused by 4N's fault or negligence.
In relation to the Purchaser 4N is not liable for damage on chattels personal or
real property, just as 4N is not liable for any loss of profits, lost wages or any
other indirect or diverted loss.
In the event that 4N may be held liable to third party according to the rules and
regulations of product liability or according to general regulations on damage the
Purchaser shall identify 4N as far as such a liability reaches beyond the limits
stated above. The Purchaser is obliged to have prosecutions against itself filed
at the same court that tries the case of claims for damages against 4N in the event
of damage claimed to be caused by a mistake in one of 4N's deliveries.
Warranties: 4N warrants that the equipment in question is sold
free of all encumbrances, liens, charges and claims whatsoever.
Other arrangements: The equipment will, if available, be supplied
with a MSQ/MAQ-letter in accordance with Manufacturer's rules and regulations.
Assistance by 4N: If 4N agrees to assist in the delivery and shipping
arrangements it shall do so without any responsibility, but shall use all care in
such assistance.
Assignment: The contract will not be assignable by the Purchaser
without 4N's written consent, which 4N shall be entitled to its discretion to refuse.
Settlement of disputes: For sales to customers in Denmark any dispute
between the two parties shall be settled at the Court of Copenhagen, notwithstanding
that the nature of the dispute may be a High Court case.
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