Terms and conditions of sale and delivery

These terms and conditions of sale and delivery shall apply to all agreements entered into with Bredal A/S unless Bredal A/S enters into a different contractual basis in writing.
Bredal A/S may change these terms and conditions of sale and delivery without notice effective immediately.
§ 1 - Advice
1.1 Bredal A/S provides the buyer with advice only within its own sphere of experience and to the best of its knowledge at the time of providing the advice, but, subject to subsequently obtained
knowledge, this advice may lead to different possible solutions later on.
1.2. The advice is provided solely on the basis of the information provided by the customer and this information is not verified.
§ 2 - Quotation and acceptance
2.1 No agreement exists between the parties until Bredal A/S has issued its acceptance in the form of a written order confirmation/invoice.
2.2. Bredal A/S’s performance solely comprises the products specified in the order confirmation. Complaints concerning discrepancies must be issued immediately.
2.3. Bredal A/S waives all liability concerning whether the products comply with legal regulations in the recipient country.
§ 3 - Delivery time
3.1. The delivery time is specified on the order confirmation/invoice.
3.2. The delivery time is postponed if the buyer does not provide sufficient information for the implementation of the sale, or if hindrances, as specified in clause
9, exist.
3.3. Delayed delivery is treated pursuant to regulations pertaining to the law on the sale of goods. However, under no circumstances is the buyer entitled to compensation.
3.4. If the buyer fails to receive or pick up the product, Bredal is entitled to rescind the transaction and claim compensation.
§ 4 - Place of delivery and risk
4.1. Delivery is ex works, so that the buyer bears the risk for events occurring after delivery. This applies even of the seller pays the
transport costs.
4.2. Unless separately agreed, the buyer defrays the costs of transport, insurance, etc.
§ 5 - Terms of payment
5.1. The terms of payment are basically net 14 days, unless otherwise agreed in writing on the order confirmation or invoice.
5.2. In the event of overdue payment, the rate set by BREDAL A/S of 1.5% per month or any part thereof shall apply.
5.3 In the event that the buyer cancels an order after having signed an order confirmation, 10% of the net sum will be charged.
§ 6 - Retention of title
6.1. Bredal A/S retains title to the product sold until the entire purchase sum has been paid.
§ 7 - Liability for defects
7.1. Upon receipt, the buyer shall inspect the consignment to ensure that the consignment conforms to contract and is in accordance with the order confirmation. In the event that the buyer
wishes to cite a defect, this complaint must be issued immediately upon receipt.
7.2 Bredal A/S’s liability for defective workmanship and/or materials is twelve (12) months from delivery. Bredal A/S is solely liable for defects provided that the buyer proves
that the purchased product is defective, and that the product has been mounted/installed correctly pursuant to the installation instructions of Bredal A/S as well as pursuant to recognised practice and
rules of law.
7.3 In the event that faults are discovered during the complaint period as specified in clause 7.1, Bredal A/S is entitled to remedy the fault at its own workshop, at the buyer’s premises or to replace
the product. Freight to and from Bredal A/S, as well as costs of assembly, are to be defrayed by the buyer.
7.4. In the event that the buyer proves that repeated attempts to remedy the fault have not rectified the deficiency, the buyer may rescind the purchase. The buyer is not entitled to compensation or
proportionate discount, even if the delivered product is defective.
7.5. Under no circumstances, including gross negligence, may the seller be held liable for operating loss, loss of profit or similar indirect loss arising from the
existence of a fault in the product delivered.
§ 8 - Product liability
8.1. The seller is responsible for product liability for personal injury pursuant to current Danish law.
8.2. Bredal A/S may only be held liable for damage to real property and movables provided that it can be proven that said damage is due to grossly negligent faults or neglect committed
by Bredal A/S or another party for whom Bredal A/S is responsible. Under no circumstances, however, may Bredal A/S be held liable for products manufactured or
modified by the buyer or for products that include parts delivered by Bredal A/S.
8.3. To the extent that Bredal A/S might incur product liability vis-à-vis a third party, the buyer is under an obligation to indemnify Bredal A/S to the same extent as
Bredal A/S’s liability is limited pursuant to these terms and conditions. In the event that a third party files claims against one of the parties pursuant to this paragraph,
this party shall notify the other party of this without delay. The buyer is under an obligation to submit to litigation before the court which processes compensation claims filed against
Bredal A/S on the basis of damage alleged to have been caused by the consignment.
8.4. Under no circumstances, including in the event of gross negligence, may Bredal A/S be held liable for operating loss, loss of profit or similar indirect loss arising from damage
covered by Bredal A/S’s product liability.
8.5. Even if Bredal A/S might waive claims or rights vis-à-vis the buyer, this does not have the effect that Bredal has waived such claims or
rights in cases other than that which has been specifically agreed.
§ 9 - Force Majeure etc.
9.1. Bredal A/S is entitled, by notifying the buyer in writing, to rescind the agreement whenever Bredal’s performance within a reasonable period of time is rendered impossible for Bredal A/S
due to natural disasters, labour conflicts, strikes, lockouts, or any other circumstance, such as war, sabotage, fire, shortage of transportation options,
product scarcity and the like, which is beyond the control of Bredal A/S. The same applies to delay of or deficiency in a deliverable from an external supplier. In these situations, Bredal A/S
cannot be held liable in damages vis-à-vis the buyer.
§ 10 Drawings and descriptions
10.1. All specifications and information on weight, dimensions, capacity, technical data and other data specified in catalogues, prospectuses, circulars, advertisements, illustrations,
etc. are approximate.
10.2. Bredal A/S reserves the right to change the design of its products on an ongoing basis.
§ 11 Applicable law and venue
11.1. Any and all disputes between Bredal A/S and buyer shall be settled pursuant to Danish law.
11.2. The venue is the competent court for Bredal A/S, including the Western High Court of Denmark, provided that the rules in force for hearing by the provincial court of justice are met.
§ 12 - Translation
12.1. A consultative translation of these terms and conditions of sale and delivery is available in English, German, and French upon request from Bredal A/S. In the event of discrepancies, the
Danish version shall take precedence.
These terms and conditions of sale and delivery shall apply to all agreements entered into with Bredal A/S unless Bredal A/S enters into a different contractual basis in writing.
Bredal A/S may change these terms and conditions of sale and delivery without notice effective immediately.