Stensborg A/S Sales and Delivery Terms
SCOPE. These sales and delivery terms apply to all quotations, orders, sales, and deliveries from Stensborg unless otherwise agreed in writing.
PRODUCT INFORMATION FROM STENSBORG A/S. Information in advertising materials, folders, installation guidelines etc on construction, materials, specifications, installation, and use of Stensborg's products is subject to change without notice. Such information is binding on Stensborg only if agreed in writing or confirmed by Stensborg. Stensborg reserves the right to make changes to agreed specifications, instructions on installation and mounting if this is possible without disadvantage to the customer.
PAYMENT. Payment shall be made by the customer at latest on the due date fixed in Stensborg's invoice. In case of late payment Stensborg may add interest on the sum owing at the rate of 2% per running month from the due date. Unless otherwise agreed in writing, all deliveries will be made when Stensborg has received payment from the customer.
DELIVERY. All deliveries from Stensborg are ex works unless other terms of delivery are agreed in writing. If so, the terms of delivery shall be interpreted and understood in accordance with the Incoterms applicable as of the date of the agreement.
DELAY. The delivery date is fixed in accordance with Stensborg's best estimate based on the conditions applying as of the date of the agreement. Unless otherwise expressly agreed, a postponement by Stensborg of 30 days of the delivery date attributable to circumstances relating to Stensborg shall be deemed in all respects to be timely delivery, and the customer shall not be entitled to terminate the agreement or invoke any of the breach of contract provisions otherwise applicable as a consequence of the postponement.
If the order includes various products confirmed for delivery at the same time, Stensborg shall be entitled to deliver the products which are ready for delivery at the agreed time and to postpone delivery of the other products included in the agreement against payment of freight costs associated with such delivery by Stensborg in such event the customer shall not be entitled to cancel the agreement or to claim breach of contract as a consequence of the delay.
If Stensborg is prevented from fulfilling the agreement or if fulfillment of the agreement would be unreasonably burdensome by reason of extraneous circumstances (force majeure) such as strike, fire, war, requisitioning of operating equipment, sequestration, currency restrictions, civil disturbance or unrest, or missing or delayed deliveries from subcontractors attributable to the above circumstances, the delivery time shall be postponed by the duration of the disturbance and none of the parties shall be entitled to claim against each other.
Stensborg will advise the customer of changes to the delivery date without undue delay in accordance with the above provisions and as far as possible give a new delivery date.
DEFECTS AND DEFICIENCIES. Immediately on receipt of the delivery the customer is required to examine the delivery in accordance with normal business practices.
If the customer wishes to claim a defect or deficiency, Stensborg shall be advised immediately in writing. The customer shall otherwise forfeit any claim against Stensborg.
Stensborg may rectify the deficiency by replacement of product parts, repair or redelivery.
If defects or deficiencies have not been claimed against Stensborg within 12 months for electrical/mechanical products, and 6 months for all other products of the delivery, the customer shall not be entitled to make subsequent claim.
Stensborg shall not be liable for defects and deficiencies attributable to circumstances outside of Stensborg's control or of no concern to Stensborg including
- Inadequate training of the customers personnel
- Failure to observe Stensborg's instructions
- Faults arising from normal use
- Damage arising during the purchasers transport of the delivery.
WARRANTY. Stensborg warrants the product against defects in material and workmanship under normal use in accordance with Stensborg's instructions on installation, use, maintenance, and repair etc. Stensborg will as well for a period of 12 months on electrical/mechanical products, and 6 months on all other products, from date of invoice without extra cost for the customer make replacements, repair or redelivery of the parts with defects due to defective materials or workmanship. Replacement, repair, or redelivery is made at Stensborg’s option and the warranty hereof is valid for the remaining period of the original warranty period.
To obtain warranty service the product serial number or other identification according to the agreement may not be removed or defaced. Furthermore, this warranty does not apply to damages or defects caused by abnormal use, accidents, wear and tear, reckless use of the product, use of the product for other than intended purposes and/or use not complying with Stensborg's instructions on correct use, maintenance, handling, or installation. Claims during the warranty period also require that the product is used according to the current local technical or security standards, and no unauthorised or non-approved accessories have been used, as well as any modifications and changes in the product regardless of the reason and regardless if the adjustment has been correctly made. Additionally warranty claims are conditioned by no use of unauthorised software or virus and the warranty does not apply to damage caused by force majeure among others fire, flood etc.
The warranty only applies to above stated product defects. The warranty does not cover financial losses, direct or indirect losses or consequential damages.
PRODUCT LIABILITY. According to legal regulation.
LIMITATION OF LIABILITY. According to legal regulation.
DISPUTES AND JURISDICTION. Unless otherwise agreed in writing, any dispute between the parties concerning the agreement shall be settled by arbitration in Copenhagen, Denmark, at the Danish institute for Arbitration, Det Danske Voldgiftsinstitut, in accordance with the rules for processing of cases at the General Arbitration Court in Denmark, "Regler for behandling af sager ved Det Danske Voldgiftsinstitut". Danish law shall apply.