1.1 These general terms and conditions of sale and delivery apply to all sales made by JUMBO Stillads A/S (hereinafter the seller), to the extent that they are not expressly deviated from by other written agreement.
1.2 The buyer’s terms of purchase do not apply in the contractual relationship, unless the seller has agreed in writing to this. If the seller accepts in writing that the buyer’s terms of purchase apply in the contractual relationship, the provisions of the order confirmation and the terms of sale and delivery shall take precedence in the event of a discrepancy.
Quote & order confirmation 2.1 Seller’s quote is valid for 7 days, unless otherwise agreed separately and confirmed in writing by seller.
2.2 The seller is only liable in accordance with the content of the order confirmation.
3. Prices & payment – Retention of title
3.1 All sales to Danish buyers are made at prices in Danish kroner (sales to foreign buyers are made at prices in agreed currency), which are valid on the delivery date. All prices are exclusive of VAT, public taxes of any kind, packaging, transport, etc. The seller has the right to increase agreed prices for undelivered goods corresponding to price increases made by the seller’s subcontractors.
3.2 Unless otherwise agreed, payment must be made net in cash no later than upon delivery. If payment is not made by the due date, the seller has the right to immediately and without further notice to cancel the purchase or to charge default interest by 2% per. commenced month.
3.3 The ownership of what is sold remains in all respects with the seller until the purchase price and all other costs of the purchase are effectively paid by the buyer.
4. Seller’s service
4.1 The seller’s service only includes the goods and services specified in the order confirmation. Seller undertakes to provide a service of the usual good quality in terms of materials and workmanship.
5. Delivery time & place
†5.1 All stated delivery times are stated approximately and are non-binding, unless otherwise expressly agreed and confirmed in writing by the seller.
5.2 All deliveries are made “EX-WORKS” (INCOTERMS 2010). The risk of what is purchased is transferred to the buyer upon delivery. When the buyer is obliged to pick up the item and the seller keeps it ready, the risk passes to the buyer from this point on.
5.3 If a delivery place other than the seller’s place of business is agreed, the transport to it takes place, including any loading, at the buyer’s expense and risk.
5.4 Delivery to islands without a bridge connection is subject to a ferry surcharge.
5.5 If the buyer fails to pick up or receive the sold item when the buyer is obliged to do so, the seller has the right to immediately and without further notice cancel the purchase or enter into an agreement with a third party to store the sold item at the buyer’s expense and risk.
5.6 When delivering to the buyer’s place of business and to another delivery point designated by the buyer, the buyer must ensure and it is the buyer’s responsibility that there is manpower for equipment for unloading the carrier’s truck.
6. Delay 6.1 The buyer must immediately make a written complaint in the event of a finding of delay, otherwise the buyer loses any claim as a result of the delay. At the same time, the buyer must give the seller a reasonable period of at least 14 days to fulfill his obligations.
6.2 Failure by the seller to deliver the goods within the additional period that the buyer has given in before pkt. 6.1, the buyer is by written notice to the seller entitled to cancel the purchase. If the delay only applies to part of a total delivery, the buyer can only cancel the purchase, as far as the part in question is concerned.
6.3 Buyer is not entitled to any compensation or compensation due to seller’s delay.
7. Duty to inspect and complain 7.1 The buyer must immediately upon delivery make a thorough examination of the delivery, to ensure that the delivery is defect-free, damage-free and contractual.
7.2 When the shipment is acknowledged by the carrier, it is a receipt that the delivery has been received in a defect-free, damage-free and contractual condition. If the delivery unexpectedly broke during the shipment, it is important that you do NOT acknowledge the shipment, but that you note a reasoned reservation on the shipping letter (both on your own and the driver’s copy) which describes which item is damaged and the damage to the item. (eg bulge on steps, on 1 2-step stair ladder) and then contact the seller for the further course of the case.
7.3 As a starting point, no shipments are made without a receipt for delivery however, the buyer can point out that the goods may be delivered “without a receipt”. In this case, the consignee is liable for the shipment, in the same way as if the consignee had signed the shipment with the carrier and the seller can not be held responsible for either damages, defects or theft.
7.4 Complaints about defects or damages that the buyer has or should have ascertained in p. 7.1 mentioned examination and therefore at the same time has noted a reasoned reservation on the consignment note, the consignor must have left the consignee’s address immediately, submitted in writing to the seller and the consignment note with a reasoned reservation must be sent to the seller via e-mail: email@example.com
7.5 If the buyer fails to make a complaint in accordance with section 7.4, the buyer forfeits his right to make a claim against the seller as a result of the damage and / or defect in question.
8.1 In the event of the buyer’s timely complaint about defects pursuant to section 7.4, the seller has the right to remedy, make a replacement or give the buyer a proportionate reduction in the purchase price. Only if the seller has not within a reasonable time after the buyer’s complaint has made remediation, replacement or given the buyer a proportionate reduction in the purchase price, the buyer has the right to cancel the purchase, as far as the defective part of the delivery.
8.2 The Buyer is not entitled to any compensation or compensation as a result of defects other than those stated in section 8.1.
8.3 If the buyer has remediation carried out by a third party in violation of section 8.1, the buyer may not claim his costs for this covered by the seller.
9.1 Buyer’s return of products can only take place by prior agreement between buyer and seller and according to the conditions described on the seller’s website under “Service” and “Returned goods and complaints”.
10.1 Seller’s warranties on the seller’s products are factory warranties against manufacturing defects, excl. shipping to / from seller’s factory address in Kolding, Denmark.
10.2 Seller’s warranties only cover damage and defects that can be attributed to material and or manufacturing defects.
10.3 Seller’s warranties do not cover defects resulting from:
• Violent handling / abuse of the products
• Improper handling / handling of the products
• Unauthorized repair attempts
• Damage through external influences
• Foreign bodies in the product such as water, sand, mortar, abrasive dust materials or metal shavings
• Normal wear
• Changes in the design of the product
• Use of non-original accessories and spare parts
11.1 The Buyer’s complaint about products can only be made according to the conditions described on JUMBO Scaffolding’s website under “Service” and “Returned goods and complaints”.
12. Limitation of liability
12.1 The seller is only liable for defects in the seller’s deliveries if the buyer has used these in a proper and responsible manner and in accordance with the seller’s any instructions. The seller’s liability is limited to errors in the seller’s own deliveries, but not for errors that occur in connection with the seller’s deliveries being added to or to others’ deliveries. Modification or interference with the delivered without the seller’s written consent releases the seller from any obligation.
12.2 The Seller is under no circumstances liable for operating, time, profit or other indirect losses of the Buyer or the Buyer’s customers or other users of the Seller’s deliveries. Buyer may not claim compensation to cover the costs that may be incurred in dismantling and reassembling the items or installations in which the item may have been inserted.
13. Product liability 13.1 The seller disclaims in the mutual relationship between the seller and the buyer any liability for business damage that may be linked to the seller’s deliveries. If the seller meets with a claim for compensation for business damage from a third party, the buyer in the mutual relationship between the seller and the buyer is obliged to indemnify the seller for any such claim and to cover the seller’s reasonable costs for defence against it.
14. Intellectual property rights & confidentiality
14.1 All intellectual property rights of the seller that may be associated with the delivery remain the property of the seller.
14.2 All drawings, models and other technical documents relating to the delivery, which are left from seller to buyer before or after the conclusion of the agreement, belong to the seller. Without the consent of the seller, the said material may only be used for use or resale of the product.
14.3 The buyer is not entitled without the seller’s written consent to provide third parties with knowledge of technical or commercial information which, by their nature, is confidential, or which by the seller at the conclusion of the agreement or later, was stated to be confidential.
15. Force majeure 15.1 In the event of force majeure, a party is released from its obligations for as long as the force majeure situation persists. Force majeure exists, among other things, where the fulfilment of the agreement has become significantly more burdensome, as a result of events such as war, civil war, rebellion, terrorist acts, public restrictions, import or export bans, natural disasters of all kinds and widespread or local labor disputes, fire, power failure , computer viruses or the like, unless it can be demonstrated that the party concerned should reasonably have foreseen this at the time of the conclusion of the agreement.
16. Choice of law & venue 16.1 All disputes between seller and buyer that cannot be resolved amicably must be settled in accordance with Danish law at the Court in Kolding, Denmark.