These general terms and conditions apply for all dealings with Aage Østergaard Horsens A/S and DFT-Presswork A/S, hereafter called Steel Products. Deviations from these general terms and conditions must be written and included in the agreement or the amendment to the agreement.
1. Offer and Order Confirmation
Offers from Steel Products, which do not include an acceptance date, are waived, if an acceptance in compliance with the offer is not received by Steel Products no later than one month from the date of the offer from the buyer. The orders of any kind are only binding for Steel Products when the buyer has received a written order confirmation. If the Steel Products order confirmation deviates from the buyers order through amendments, limitations or reservations, the buyer must protest within 7 days from the date of the order confirmation.
2. Cancellation and Postponement of Orders
Cancellation and postponement of orders from the side of the buyer can only take place with the written acceptance of Steel Products. Steel Products maintains the right to bill any costs related to such cancellation or postponement.
3. Prices and Specifications
Steel Products reserves the right to regulate prices without any further notice. Unless otherwise stated all prices are in Danish Krones ex. VAT.
Payment must follow no later than the payment date stated on the invoice. At a delayed payment, a delaying interest rate of 2 % per month calculated from the due date stated on the invoice. All deliveries remain Steel Product property, until full payment is received.
Unless otherwise agreed, delivery will be at the address stated in the order confirmation. Steel Products reserves the right to partially deliver, unless otherwise agreed. All deliveries are in accordance with Incoterms 2010. Unless otherwise stated, the delivery terms are EXW (incoterms 2010).
5.1. Delivery costs
The buyer will bear all costs for delivery unless otherwise agreed.
5.2. Delivery terms and delays
The stated delivery date is based on the receipt of all and full information on the order from the buyer. The statement of the delivery date is an estimate and not binding. The buyer does not have the right to go back on the order, should Steel Products not deliver within the stated delivery date or within a set delivery week based on 5.4. Steel Products does not incur liability neither for direct nor indirect loss at belated delivery.
5.3. Transition of the risk
The risk for the goods at EXW Horsens or Nordborg surpasses at the buyer’s receipt of the goods in either Horsens or Nordborg. At the collection of the goods at the Steel Products warehouse, or with transport of the buyers own carrier, the risk or the goods surpasses at the warehouse of Steel Products.
5.4. Force Majeure
The delivery duty of Steel Products is postponed, limited or ceased if force majeure or other conditions, which are beyond the control of Steel Products, should delay, make delivery overly difficult or hinder the delivery. Force majeure and related conditions are but not limited to war, riots and disturbances, blockage, quarantine, strike, lockout, fire, import or export bands, weather, traffic or transport disruptions, and any measures by the authorities, which in any way may hinder Steel Products freedom to act. To the extent and if Steel Products does not delivery in the above circumstances, the buyer cannot demand compensation, price differences etc. This also applies if the above-mentioned circumstances occur again during the time of the agreement.
6. Defects and Complaint
Steel Products have the right and obligation to correct faults and defects on goods in question within a 12 months period from the delivery of the goods. Steel Products reserves the right to substitute goods if a defect has been identified. The buyer has a duty to examine the goods and must inform Steel Products immediately of any defect or fault. Should this not occur immediately, the buyer loses the right to remedy or substitute the goods. Steel Products is not liable for any operating breakdown, loss of earnings or any other indirect loss. Steel Products is not liable for any defect or fault on goods, which is a consequence of natural war, overload, unusual use, inadequate maintenance, inadequate service, changes without the written consent from Steel Products, repair or adjustments made by other than Steel Products staff.
7. Storage of Goods
The buyer is obligated to ensure an appropriate storage of the goods, which ensure flawless products, equivalent to the protection or surface treatment, which is agreed for the products.
8. Product Liability
Steel Products refers to current law and praxis.
Should Steel Products be imposed with a product liability claim from a third party, the buyer is obligated to keep Steel Products indemnified, to the same extent as the liability of Steel Products is limited to above mentioned provisions. Should a third party make a claim against either party according to product liability, this party is obligated to inform the other party of this immediately.
9. Returning of goods
By prior arrangement, defect goods can be returned. The buyer will cover all costs and bear the risk in connection with the returning of goods. Steel Products reserves the right to debit a fee for the returning of goods.
10. Ownership Reservation
The ownership of the goods only transfers to the buyer, when the agreed purchase price has been paid.
Tools paid by the buyer, is owned by the buyer. The tools are stored at Steel Products at the risk of the buyer and must be insured by the buyer. Both storage and insurance are at the buyer’s expense. Steel Products reserves the right to return tools at the buyer’s expense, if they have been inactive for a period of minimum 12 months.
11. Applicable Law and Jurisdiction
The agreement including amendments are governed by Danish law. Any disputes arising from the agreement, are treated at the jurisdiction of Steel Products at first instance.