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Terms of sale and delivery - ECE188
A/S FTU Terms of sale and delivery as PDF
A/S Fredericia Tankvognsudstyr ( FTU )
Terms of Sale and Delivery
The following Terms of Sale and Delivery shall apply for our customers:
1. Drawings and descriptions
All rights to all and any drawings and technical documents relating to products or the production of these which are handed over to the Customer by FTU before or after the entering of the agreement are held by A/S FTU. Drawings and technical documents or any other technical information received cannot be used for any other purpose than mounting, commissioning, operation and maintenance of products without the explicit approval of A/S FTU. Without the explicit approval of A/S FTU, the said materials must not be used, copied, reproduced or in any other way brought to the knowledge of any third party.
2. Consultancy service
A/S FTU advise our customers on the basis of our best knowledge and experience and information from the customers. A/S FTU cannot in any way be held liable if it is found out later that a different solution would have been preferable.
3. Quotation and order confirmation
Quotations shall be binding for a period of 30 days unless otherwise specified. Quotations are subject to prior sale. If the Customer wishes special specifications which are not included in the A/S FTU standard specifications, this is to be stated explicitly in writing. Otherwise, these shall not be binding for A/S FTU.
The prices stated are exclusive of VAT, freight, packaging and customs or any other duties. Unless otherwise agreed, the prices are subject to price regulations due to currency fluctuations and increased wages and material costs until the payment has been made. The Terms of Payment are as stated in the invoice. NL 92 point 17 is thus derogated from. Unless otherwise stated in the invoice, the payment terms shall be current month + 15 days. In case of payment after maturity date, a default interest of 2% per commenced month shall be charged. All goods delivered shall remain the property of A/S FTU until the full payment has been received.
For orders less than DKK 250.00, we have a minimum fee of DKK 75.00.
5. Delivery, delivery time and delay
Delivery is Ex Works, by Post Danmark unless otherwise agreed, and the shipment is at the Customer's expense and risk. Delivery times are approximate unless something different is explicitly stated. Delivery is +/- 10% unless something different is explicitly stated by A/S FTU. No compensation shall be paid in case of delayed delivery from A/S FTU. NL 92 point 13 and 14 are thus derogated from.
6. Returning of goods
All standard stock goods can be returned. 10% of the price of the goods shall be retained by A/S FTU as payment for control and stocking of the goods returned.
Goods which POSSIBLY can be returned by agreement:
- Special goods and procured goods
- Goods, the packaging of which has been opened
- Goods delivered more than 90 days ago
Goods which cannot be returned:
- Damaged goods
- Hoses and pipes cut off to specific lengths.
Important! All freight costs in connection with returning of goods are irrelevant to A/S FTU. If you have further questions, please ask our Sales Department.
Returning of goods is only accepted upon prior written agreement. Returned goods are only accepted if marked with return requisition number issued by A/S FTU.
Returning of goods must take place no later than 14 days after delivery.
8. Defects and force majeure
A/S FTU retain the right to remedy or a new delivery of goods for a period of 12 subsequent months after delivery to the Customer. It is a prerequisite for remedy or a new delivery of goods that the Customer complains in writing immediately after delivery. A/S FTU cannot be held liable for costs incurred by the Customer in connection with remedy, e.g. operating loss, loss of profit and other indirect losses. We also refer to NL 92 points 21-35. In case of force majeure situations, we refer to the provisions in NL 92 point 37.
9. Product liability
A/S FTU is only liable under the Product Liability an in accordance with rules on nonstaturtory Product Liability. A/S FTU can only be held liable for damage on goods or services delivered by us if it can be documented that such damage has been caused by an error made by A/S FTU, including our employees. A/S FTU cannot be held liable for operating loss, loss of profit or other indirect losses incurred by the Customer or any third party. To the extent that we might be ordered to be liable to any third party, the Customer shall be obliged to indemnify A/S FTU. We refer to NL 92 point 36.
10. NL 92 and disputes
In all other respects, the normal conditions according to NL 92 shall apply within Denmark, Finland, Norway and Sweden. In case the above is not conclusive, but not if NL 92 has been derogated from explicitly.
The legal relation between the Customer and A/S FTU shall be governed by Danish law. The venue for disputes between the Customer and A/S FTU shall be the Maritime and Commercial Court in Copenhagen.