The conditions apply, whether AL-LIFT is responsible for the installation of the supplied equipment or it is carried out by the customer himself.

Offer and delivery

Unless otherwise agreed, all orders are listed at the prices in force in Danish kroner on the day of delivery and subject to strike, lockout and other conditions over which AL-LIFT is not the master.

Prices are exclusive of customs duties, VAT, etc. public charges.

Unless otherwise agreed, the stated delivery times are at the best estimate and subject to reasonable time overruns. If AL-LIFT is of the opinion that the agreed delivery time cannot be complied with or that a delay must be considered probable, AL-LIFT will endeavor to notify the buyer in writing of this and, as far as possible, of the time when delivery can expect to take place.

The buyer is only entitled to cancel the purchase if AL-LIFT is unable to deliver what was sold according to the agreed delivery time or according to an extended delivery time according to the previous section.

AL-LIFT disclaims any loss, directly or indirectly, a buyer may suffer as a result of late or non-delivery.

 

Return

Custom designed products cannot be returned. For stock items, a handling fee of 20% is calculated on return. Returns can only be made by prior agreement with AL-LIFT and will be at the buyer’s expense. Damaged goods cannot be returned.

 

Technical information, etc. as well as drawings

All information in brochures, catalogs, etc. about e.g. weight, dimensions, capacity, performance and other technical data are approximate and only binding to the extent that an agreement between AL-LIFT and the customer explicitly refers to it.

Technical documents and drawings for use in making the delivery, which are left to the buyer before or after the conclusion of the agreement, remain the property of the seller and may not be used by the buyer or copied, reproduced, transferred to or otherwise transferred to the third party without his consent. knowledge.

 

Design changes

AL-LIFT reserves the right to make such changes to the design, execution etc. without prior notice to the buyer which AL-LIFT may find necessary.

Such a change does not give the buyer the right to cancel the purchase, unless the buyer can prove that a specific design or construction was a prerequisite for the purchase. Changes made and the cancellation of the purchase did not result in any compensation for the buyer.

 

The extent of risk

Unless otherwise agreed, the delivery is considered factory-sold. However, if the sold stock is installed by AL-LIFT, the risk will not pass until delivery.

 

Payment

AL-LIFT ‘s payment terms are as stated on the invoice.

If the buyer does not pay on time, and due to the delay is not AL-LIFT, AL-LIFT is entitled to calculate the interest rate from the due date with an interest rate of 2% per annum. commenced month.

If payment is agreed between the partners in other than Danish kroner, AL-LIFT may freely choose the exchange rate for either the due date or the actual payment date. The buyer is not entitled to set off of any kind, nor is he entitled to suspend payments in the event of any defects.

 

Retention

AL-LIFT retains ownership of the goods delivered until the time when the purchase price is finally paid. The buyer may not resell the goods until the goods have been paid.

 

Correcting deficiencies

AL-LIFT undertakes, for a period of 12 consecutive months, after delivery has taken place, to deliver or repair at AL-LIFT’s discretion when there are defects in the delivery due to construction, material, or manufacture.

The duty of remedy does not cover cases where the defect is due to the failure to maintain and use the delivery in full compliance with regulations, incorrect or inappropriate use, more intensive use of the delivery than agreed, or which may be considered subject to the conclusion of the agreement, amendments or technical interventions, made without written consent or extraordinary climatic influences.

Wear parts are not covered by the remedy. Installation and dismounting costs are not covered by the remedy.

If the buyer wishes to complain about any defects, written complaint must be made without undue delay after the defect is found.

After AL-LIFT has received the complaint that a defect is deemed to be covered by that provision, AL-LIFT will remedy the defect without delay. Costs for sending parts and supplies to AL-LIFT’s address are at the expense and risk of the buyer.

If the buyer can carry out the remedy himself in his place, AL-LIFT ‘s remedy obligation under this provision is fulfilled by sending new or repaired part. New or repaired parts are sent at the expense and risk of the customer.

AL-LIFT grants the right of remedy for parts of the delivery that have been replaced or repaired under the same conditions and under the same condition as for the original delivery. However, AL-LIFT ‘s remedy obligation does not apply to any part of the delivery beyond 1½ years from delivery to the buyer.

After the risk of delivery has passed to the buyer, AL-LIFT has no responsibility for defects beyond the obligations set out in this provision. Thus, AL-LIFT expressly disclaims responsibility for any indirect loss such as operating loss, loss of time, loss of profit, etc., which the defect may have caused to the buyer.

 

Packaging, shipping, and insurance

The prices quoted in offers and agreements are exclusive packaging. Unless otherwise agreed, packaging and shipments are done in the best way at the customer’s expense, in AL-LIFT ‘s discretion.

 

Product liability

If a delivery is caused by AL-LIFT damage, AL-LIFT is responsible for personal injury if it can be documented that the damage is due to actions or omissions committed by AL-LIFT. AL-LIFT has no responsibility for damage to property or property.

Under no circumstances will AL-LIFT be liable for operating losses, lost profits or any other indirect loss.

To the extent that AL-LIFT may be liable to third parties, the Buyer is obliged to indemnify ALL to the extent such liability extends beyond the stipulated limits. The Buyer is obliged to sue in the same court dealing with the claims against AL-LIFT for damages allegedly caused by an error in an AL-LIFT delivery.

 

Force majeure

The following circumstances result in discharge when they occur after the conclusion of the agreement and prevent it from being fulfilled:

Labor disputes, strikes, lockouts and any other circumstance over which the parties have not been sued, such as fire, war, mobilization, unforeseen military summons, sabotage, requisition, seizure, currency restrictions, import bans,

export bans, riots, riots, shortages of equipment, general scarcity of goods, restrictions on propellants and deficiencies in deliveries from subcontractors or delays in such deliveries due to any of the circumstances referred to in this paragraph or other circumstances beyond the control of AL-LIFT. AL-LIFT is entitled to cancel the agreement in writing by notifying the other party when its performance within a reasonable time becomes impossible due to any of the circumstances mentioned in this paragraph.

 

Settlement of disputes

Disputes that may arise in connection with agreements concluded under these terms of sale and delivery cannot be brought before a court, as all disputes must be settled definitively and binding on the parties through arbitration.

For the arbitral tribunal, which shall consist of a total of 3 members, the rules of the Arbitration Act shall apply, and the following rules shall apply:

The party seeking arbitration must, in writing, by registered letter, notify the other party that he wishes to arbitrate, the questions to be submitted to the arbitration court, and who he has elected as his arbitrator.

Within fourteen days of receipt of this notice, the other party shall, by registered letter, notify the first party of his appointment as arbitrator. If the deadline is exceeded, this arbitrator is appointed by the President of the Maritime and Commercial Court in Copenhagen.

The arbitrators themselves choose a lawyer as an arbitrator and chairman of the arbitration court. If the arbitrators are unable to agree on the choice of voter within one week, this will also be appointed by the President of the Maritime and Commercial Court in Copenhagen. The arbitral tribunal shall lay down its own rules of procedure and fees.

In the order, the arbitral tribunal is entitled to decide who shall pay the costs of the arbitration tribunal. The arbitration tribunal has its seat in Holstebro.

The arbitration provision does not preclude the application of prohibitions. Requests for bans must be possible without collateral.

 

Complementary legal rules

Unless otherwise agreed between the partners in accordance with the above, Danish law applies.

Lemvig 20.12.2014