Standard Terms for Sales Confirmations
The contract: Only the terms set out in this document shall constitute the contract between the Purchaser and Four Nordic (known here-in as 4N) for the sale of the equipment.
Delivery: Delivery of the equipment shall be effected when the equipment is turned over to the transporter at the place of delivery. Upon delivery the equipment shall be at the risk of the Purchaser in all respects.
Property of the equipment: The property of the equipment shall pass to the Purchaser when, and only when, payment in full has been received by 4N.
Transport and installation: The Purchaser will undertake at its own expense the transport, relocation and commissioning of the equipment. The Purchaser shall at its own expense be fully responsible for all maintenance required for the equipment after delivery.
Delay: In case the delivery date is exceeded more than 30 days the Purchaser is entitled to cancel the contract unless force majeure is in question. With such a delay the Purchaser may claim damages for a loss suffered if the Purchaser proves that 4N has shown gross negligence.
4N's responsibility for the loss that the Purchaser may suffer as consequence of the delay or of the lack of delivery shall under no circumstance exceed 10% of 4N's sales price to the Purchaser.
Removal of equipment: The removal of the equipment from the Site to the new premises shall be completed within a period of 14 days of the date which 4N shall inform the Purchaser is the delivery date, and if the Purchaser shall fail to remove the equipment within such period 4N shall thereupon be at liberty to procure that it is removed and stored at the expense of the Purchaser and the Purchaser shall immediately thereafter become liable to 4N for the whole of the purchase price after deducting any deposit.
Notification of defects: The Purchaser is obliged to examine the equipment promptly on receipt and notification of defects shall be made in writing no later than 30 days upon receipt of the equipment.
After this period the Purchaser can only make notification of defects, which could not be determined at such first-hand examination. Notification of defects shall be made in writing without any unfounded delay after determination of the shortcomings.
Upon the passing over of the risk of the equipment to the Purchaser 4N shall bear no responsibility for shortcomings, apart from the liabilities set out in this clause. For that reason the Purchaser is not entitled to cancel the contract, claim damages or sustain any other claim of non-fulfillment.
4N clearly disclaims responsibility for any indirect losses such as consequential loss, loss of time, loss of profits or the like that the shortcomings may have caused the Purchaser.
Force Majeure: The following circumstances result in exemption from liability when occurring after the conclusion of the contract and preventing its fulfillment:
Labor disputes, strikes, lockouts and any other circumstance on which the parties have no influence such as fire, war, mobilization, unforeseen military calling-up, sabotage acts, requisition, impounding, currency restrictions, import or export prohibition, rising, disturbances, lack of working plants, general lack of goods, restrictions in the means of motive power, and lack of deliveries from sub-contractors or delay in such deliveries as described in any of the circumstances in this clause.
4N is entitled to inform the Purchaser in writing that the contract is cancelled when a fulfillment hereof in reasonable time is impossible due to one or more of the circumstances stated in this clause.
Product liability: In case a delivery from 4N causes damage, 4N is responsible to the Purchaser for personal injury if proved that the injury is caused by 4N's fault or negligence.
In relation to the Purchaser 4N is not liable for damage on chattels personal or real property, just as 4N is not liable for any loss of profits, lost wages or any other indirect or diverted loss.
In the event that 4N may be held liable to third party according to the rules and regulations of product liability or according to general regulations on damage the Purchaser shall identify 4N as far as such a liability reaches beyond the limits stated above. The Purchaser is obliged to have prosecutions against itself filed at the same court that tries the case of claims for damages against 4N in the event of damage claimed to be caused by a mistake in one of 4N's deliveries.
Warranties: 4N warrants that the equipment in question is sold free of all encumbrances, liens, charges and claims whatsoever.
Other arrangements: The equipment will, if available, be supplied with a MSQ/MAQ-letter in accordance with Manufacturer's rules and regulations.
Assistance by 4N: If 4N agrees to assist in the delivery and shipping arrangements it shall do so without any responsibility, but shall use all care in such assistance.
Assignment: The contract will not be assignable by the Purchaser without 4N's written consent, which 4N shall be entitled to its discretion to refuse.
Settlement of disputes: For sales to customers in Denmark any dispute between the two parties shall be settled at the Court of Copenhagen, notwithstanding that the nature of the dispute may be a High Court case.
For sales to customers abroad any dispute shall be settled in accordance with the rules and regulations of the Court of Copenhagen.
Standard Terms for Purchase Orders
The contract: Only the terms set out in this document shall constitute the contract between the seller and Four Nordic (know here-in as 4N) for the purchase of the equipment.
Entry and inspection: The Seller grants to 4N authority for its servants or agents to enter the premises where the equipment is situated at all reasonable and prearranged times during business hours and inspect or test the same making good to the satisfaction of the Seller any damage occasioned by such testing.
Delivery: Delivery of the equipment shall be effected when the equipment is turned over to the transporter at the place of delivery. Upon delivery the property of the equipment is turned over to the transporter at the place of delivery. Upon delivery the property of the equipment shall pass on to 4N and thenceforth the equipment shall be at the risk of 4N in all respects.
Transport and installation: 4N will undertake at its own expense the transport, relocation and commissioning of the equipment. 4N shall at its own expense be fully responsible for all maintenance required to the equipment after delivery. The Seller will use its best endeavors to give to 4N such assistance as is able.
Delay: In case the delivery date is exceeded more than 7 days 4N is entitled to either cancel the contract and claim damages for losses suffered or to claim a penalty of 2% of the purchase price each starting week the delivery is delayed.
The Seller warrants that:
Assistance by the seller: If the Seller agreed to assist 4N in the delivery and shipping arrangements it shall do so without responsibility, but shall use all care in such assistance.
Assignment: This contract will not be assignable by the seller without 4N´s written consent, which 4N shall be entitled to its discretion to refuse.
Settlement of disputes: For purchases from customers in Denmark any dispute between the two parties shall be settled at the Court of Copenhagen, notwithstanding that the nature of the dispute may be a High Court case.
For purchases from customers abroad any dispute shall be settled in accordance with the rules and regulations of the Danish jurisprudence at the Court "Sø- & Handelsretten" in Copenhagen.