General Conditions of Sale, Delivery and Payment for Daltec A/S

Version 02.22.02

1. General
1.1 The following conditions are valid for all deliveries, goods and services from Daltec A/S (hereinafter referred to as Daltec).

2. Tender and order confirmation
2.1 Tenders are, if not otherwise stated, valid for three (3) months and always with subject to goods being unsold.

2.2 Orders from customers are only binding on Daltec after a written order confirmation has been issued and only on the conditions in the order confirmation.

3. Specifications
3.1 All information on weight, dimensions, capacity, technical data and other data stated in catalogues, prospectuses, advertisements and illustrated material is to be considered approximate. Such information is only binding to the extent stated in the order confirmation or in other agreements expressly referring to such information.

4. Time of delivery
4.1 Unless otherwise expressly agreed upon in writing, delivery time is made “ex works”. The confirmed delivery date is always considered as the day of dispatch from Daltec, unless otherwise clearly indicated.

4.2 Furthermore the delivery time given by Daltec is valid, except if delays owing to causes beyond Daltec´s control should occur, and Daltec will not be liable for any delay or consequence of such.

5. Payment conditions
5.1 Unless further stipulated, the full payment has to be effected for Daltecs deliveries within the stated terms of payment on the invoice.

5.2 If payment has not been effected on due time, interests on overdue payments will incur from the due date.

5.3 The customer is not entitled to set-off payment for a consignment against a demand which the customer considers to have against Daltec in respect of the consignment concerned or any other consignment..

5.4 Delivered goods will stay in the possession of Daltec until full payment has been effected, interests and other costs incl.

6. Returning
6.1 Goods must never be returned unless a written agreement has been made, acknowledged by Daltec. Returning of goods is for the risk and account of the customer. Fee for returned goods must be expected.

7. Notification of defects
7.1 Notification of defects has to be stated in writing to Daltec not later than 8 days after the time, when the customer has or should have discovered the defect concerned. and not later than three (3) months after delivery

7.2 Daltec undertakes, free of charge, to replace or repair parts delivered by Daltec, as far as those parts can be considered useless, caused by manufacturing or material fault. Expenses from installation of the repaired or new part are not Daltecs concern. Daltecs liability is limited to defects occurring within the liability period, which is 12 month starting from the date on which the goods in question were taken into use. The period will not be prolonged concerning parts, which have been repaired or replaced caused by defects.

7.3 In any event, the liability period shall not exceed 18 months from the date of dispatch of the part in question from Egtved. It is a condition that the goods have been stored properly and installed correctly, and operated under normal operating conditions.

7.4 Daltecs liability is limited to above and does not cover: wear, damages caused by negligence or carelessness by the customer or by people in the service of the customer, rust, corrosion, deposits owing to water or other impurities, chemical or electrolytic processes, damages caused by unsuitable lubricating oil or insufficient cooling

7.5 Daltec liability does not cover defects resulting from incorrect information supplied by the customer.

7.6 Dispatch of goods for replacement or repair are for the risk and account of the customer. Returning of replaced or repaired goods are for the risk and account of Daltec.

7.7 For purchased parts, which make up the whole or part of Daltec’s deliveries, Daltec undertake liability only to the same extent as Daltec´s suppliers.

8. Repair, reconditioning, replacement parts
8.1 For parts which are sent to Daltec for repair, reconditioning, assembling, or other processes, the forwarding to and from Daltec´s factory shall be for the account and risk of the customer.

8.2 If, in the opinion of Daltec, any part referred to in 8.1 is not suitable for repair or reconditioning, it will be scrapped. If the customer desires to have such unsuitable parts returned, this must be previously informed to Daltec in writing.

9. Liability for injury/damage caused by the product (product liability)
9.1 Daltec shall be liable for personal injury only, if it is proven that such injury was caused by negligence of Daltec or of others for whom Daltec is responsible.

9.2 Daltec shall not be liable to damage to real and personal property, which occurs, while the equipment is in the purchaser´s possesion. Nor shall Daltec be liable for damage to products, which are manufactured by the purchaser, or to products in which such are included.

9.3 Under no circumstances shall Daltec be liable for consequential loss, lost earnings or other indirect loss, including loss of time.

9.4 To the extent Daltec might incur product liability towards any third party, the customer shall indemnify Daltec as far as Daltec´s liability has been limited by the three preceding paragraphs.

9.5 If a claim for damage as described in clause I is lodged by a third party against one of the parties, the latter shall forthwith inform the other party thereof.

9.6 Daltec and the customer shall be obligated to let themselves be summoned to legal proceedings at a court, which deals with claim for damages, lodged against one of them on the basis of damage allegedly caused by the product. However, the contractual relationship between Daltec and the customer shall always be settled by arbitration in accordance with clause 10.

10    Law and disputes
10.1 Lawsuits and litigations are settled according to Danish law and with venue in the jurisdiction in Denmark, in which Daltec always has its venue, at the time in Vejle.

11      Sundries
11.1 If any of above mentioned conditions are invalid in law, the validity of the other conditions will not be affected of this. Instead of the invalid conditions, the rules, which are within the terms of the law, will take effect.

12    According to the valid EU-rules, it is the Danish edition of general business conditions that are valid.