Euro Machinery business terms and conditions
The general conditions of sale and terms of delivery given below apply to all orders and supplies to the extent they have not been deviated from by way of Euro Machinery written order confirmation. Furthermore, NLM 94 applies, regardless of the country in which the supply is going to be made, to the extent the terms and conditions contained therein have not been deviated from by way of Euro Machinery order confirmation or the present general conditions of sale and terms of delivery. The above also applies to service work.
Unless otherwise stated, all offers made by Euro Machinery are valid for 30 days from the date of the offer, subject unsold. There is no final agreement between the parties until Euro Machinery has given its written acceptance.
3. Orders, deliveries
The prices stated are exclusive of VAT and any other taxes or duties, and subject to any modifications made to public taxes or duties as well as to exchange rate fluctuations. All orders are supplied at the confirmed price and time, the stated times of delivery being a best estimate. If Euro Machinery finds that the agreed time of delivery cannot be complied with, or that a delay must be considered likely, the buyer will be informed accordingly, and if at all possible the buyer will be informed of the time when delivery is expected to be made. In the case of delays caused by fault and negligence on the part of Euro Machinery, the buyer may – if the delay exceeds 20 weeks – negotiate with Euro Machinery to find a new reasonable deadline. If this new deadline is widely exceeded because of fault or negligence on the part of Euro Machinery, the buyer may cancel the transaction by notifying Euro Machinery accordingly in writing. No matter if the agreement is cancelled or not, Euro Machinery is not liable for operating loss, loss of profit or any other indirect loss which the buyer or the buyer’s customers may incur. If the buyer has suffered any other loss in connection with the delay and this delay is not the result of force majeure, but rather the result of fault and negligence on the part of Euro Machinery, the buyer is entitled to claim compensation. Such compensation cannot exceed 0.5% per week or part thereof of the value of that part of Euro Machinery supply, which the buyer is not able to start using as intended. This means that such compensation cannot exceed 7.5% of the said value. If the buyer does not comply with the agreed terms concerning payment of the purchase sum, Euro Machinery is entitled to cancel the purchase or hold back the supply wholly or in part; also, Euro Machinery is entitled without notice to alter the terms of payment for future supplies, including supplies under any other agreements made between the parties. Deliveries do not include: Any work, material, equipment, tools, cables, raceways, earthing and electrical connections, air compressor, delivery hoses, industrial water delivery and return pipes/hoses, equipment lighting, fire fighting equipment, testing materials, oils and lubricants, or anything else needed for mounting and installation of machines/equipment, if not expressly mentioned.
4. Transition of risk
Unless otherwise agreed in writing, all deliveries are made according to Incoterms 2010.
No crediting is made for non-disposable packaging, which is not charged separately. If a charge has been made for the non-disposable packaging used, its value will be credited to the customer if the packaging is returned, freight prepaid, in undamaged condition within 3 months from the date of delivery, unless otherwise stated in the invoice.
Unless otherwise stated in the order confirmation, the rules of NLM 94 apply. The buyer is not entitled to retain payment because of any possible counterclaims or objections that have not been accepted by Euro Machinery. As far as interest is concerned, reference is made to NLM 94. All machines, equipment and products supplied shall remain the property of Euro Machinery until the entire cost of the purchase price payable has been paid in full.
If the buyer wishes to claim that Euro Machinery has not made a complete supply, or that the supply is faulty or deficient, immediate written notice must be made to Euro Machinery. If the buyer has not complained in writing within 8 days from the time of delivery, or from the time when a hidden fault could be detected, the buyer loses his right to make any claim in this connection. Liability for deficiencies can be claimed within one year from the date of delivery, although only up to 2,000 running hours if that occurs first. The buyer sends the deficient part or possibly the equipment to Euro Machinery, freight prepaid, following which the full, necessary repair will be made as soon as possible within normal working hours. Replacement parts and repaired parts are delivered ex works. If the decision as to which part of the equipment that needs to be repaired or replaced, or a decision as to dismounting of such equipment, calls for special expertise which the customer does not command, and if it would be highly disturbing or costly to send the equipment as a whole to Euro Machinery, alleviation will be carried out at the buyer’s plant. The buyer must pay for travel and accommodation. With respect to liability for deficiencies see also NLM 94. Second hand machines and equipment is sold as is EXW location without any warranty, unless otherwise stated in the order confirmation from Euro Machinery.
8. Handling charge
In the case of small orders a handling charge is added.
9. Service work
The prices quoted for service work are a best estimate on the basis of the available information and such prices are to be considered as estimates, unless otherwise agreed in writing. NLM 94, items 10- 1 3, 21.1, 22, 24 and 25 also apply to service work.
10. Settling of disputes – arbitration
Any dispute that may arise out of the legal relationship established between the parties must be settled in accordance with Danish law as well as the “Rules for the hearing of cases at the Danish Arbitration Institute (Copenhagen Arbitration)”. Either party appoints an arbitrator while the Danish Arbitration Institute appoints the umpire of the arbitration court. If, within 30 days of having filed or being notified of a request for an arbitration case, either party has not appointed an arbitrator, this arbitrator is also appointed by the Danish Arbitration Institute in accordance with its own rules of procedure. The arbitration court sits in Copenhagen. The language of the arbitration court is Danish.