Terms and conditions
Sales and delivery conditions
Unless otherwise stated in a written agreement, the sales and delivery conditions mentioned below apply exclusively as terms for all agreements and deliveries from P. Lindberg Industri A/S, regardless of any conflicting or deviating provisions in the order or acceptance given by the buyer.
1. Offer, order and acceptance agreement
The buyer's orders, and orders of any kind, are only binding for P. Lindberg Industri A/S when the buyer has received a written order confirmation from P. Lindberg Industri A/S. Offers from P. Lindberg Industri A/S, which do not specify a specific acceptance period, are null and void if corresponding acceptance from the buyer is not received by P. Lindberg Industri A/S within two weeks from the submission of the offer. Changes to or additions to an original agreement are not binding for P. Lindberg Industri A/S without written confirmation from P. Lindberg Industri A/S.
2. P. Lindberg Industri A/S performance
P. Lindberg Industri A/S's service includes only what appears in P. Lindberg Industri A/S's offer/order confirmation, and under the conditions mentioned below, P. Lindberg Industri A/S undertakes to deliver a product of usual good quality , as far as material and processing. Information contained in catalogues, price lists and other product information from P. Lindberg Industri A/S is only binding for P. Lindberg Industri A/S, to the extent that the agreement with the buyer expressly refers to such information. P. Lindberg Industri A/S also reserves the right to make changes to information contained in the said material without notice. All drawings and technical documentation handed over by P. Lindberg Industri A/S to the buyer, remain the property of P. Lindberg Industri A/S. The material may thus only be used in connection with the use and maintenance of the products supplied by P. Lindberg Industri A/S, and may not be copied, reproduced, handed over to or otherwise left to unauthorized third parties by the buyer.
Unless otherwise expressly agreed, delivery takes place ex P. Lindberg Industri A/S' warehouse (Incoterms 2012 EXW ("Ex Works")), so that the buyer bears the risk of accidental events affecting the goods after delivery from the warehouse.
Unless otherwise expressly agreed, the price applies from warehouse, excl. transport, packaging, VAT and other charges.
5. Terms of payment
Unless otherwise expressly agreed, payment must be made in accordance with the payment conditions printed on the invoice, and in the absence of any other agreement with cash. If payment is not made on time, default interest is calculated at 1.5% per month and a fee of DKK 100 for each reminder sent. The buyer is not entitled to offet any counterclaims that are not recognized in writing by P. Lindberg Industri A/S, and does not have the right to withhold any part of the purchase price due to such counterclaims. For orders under DKK 1,000, P. Lindberg Industri A/S reserves the right to charge a processing fee of DKK 250. Invoices are generally sent electronically, and if the customer wants invoices sent
in paper form, P. Lindberg Industri A/S reserves the right to charge an invoicing fee of DKK 25.
Unless otherwise stated in writing in P. Lindberg Industri A/S's offer, order confirmation or the parties' agreement, the delivery time specified by P. Lindberg Industri A/S is estimated according to P. Lindberg Industri A/S's best estimate. If the stated delivery time is exceeded, the buyer can, by written notification to P. Lindberg Industri A/S, demand delivery and set a reasonable deadline, which cannot be shorter than 3 weeks.
If P. Lindberg Industri A/S does not deliver within this extended period, and this is not due to conditions for which the buyer bears responsibility, the buyer can, by written notice to P. Lindberg Industri A/S, cancel the agreement as far as the part of the delivery in question, which may not have been delivered. In addition, the buyer cannot raise claims against P. Lindberg Industri A/S as a result of delay.
7. Creditor mora
If, after the delivery time has lapsed, the buyer fails to pick up the purchased item, P. Lindberg Industri A/S, after having previously given a written request to collect the service again, is entitled to make a sale to a third party and use the incoming amount for depreciation on P. Lindberg Industri A/S' receivables from the buyer.
P. Lindberg Industri A/S undertakes to remedy any documented defects in the service provided by P. Lindberg Industri A/S, which are due to errors in material and/or manufacturing, or to re-delivery, if the buyer has made the complaint timely and properly, while observing the provisions in section 10 as set out below, and before the expiry of a period of 12 months from the date of P. Lindberg Industri A/S' delivery to the buyer. P. Lindberg Industri A/S is entitled to choose between remedy and re-delivery. The buyer is obliged to give P. Lindberg Industri A/S access to remedy at an agreed time when the purchased item must be made available to P. Lindberg Industri A/S. P. Lindberg Industri A/S's liability for defects is waived if, without P. Lindberg Industri A/S's written approval, repairs are made to the purchased item, or the delivered item is treated incorrectly, and the remedy is initiated without prior written agreement with P. Lindberg Industri A/S.
P. Lindberg Industri A/S cannot be held responsible for delays and deficiencies besides that which is stated in section 6 and 8. If P. Lindberg Industri A/S should be held liable for damages as a result of the use the buyer may make of the service provided, including resale, which goes beyond P. Lindberg Industri A/S's responsibility pursuant to this provision, the buyer is obliged to indemnify P. Lindberg Industri A/S from this responsibility, and the buyer is also obliged to allow himself to be sued by the court which deals with the claim against P. Lindberg Industri A/S. P. Lindberg Industri A/S can under no circumstances be held liable for operating losses, lost profits or other indirect losses or consequential losses, including costs to ascertain or locate defective products or damages.
10. Complaints and investigation duty
It is the responsibility of the buyer, at the latest upon delivery of P. Lindberg Industri A/S' service, to carry out a thorough examination of whether the service is in accordance with the purchase agreement. The buyer is obliged to immediately complain about defects that are found during this inspection, and the buyer cannot later claim defects that could have been found during such an inspection. If the delivered service suffers from hidden defects, the buyer is obliged to report this immediately after the defect is discovered or should have been discovered. Otherwise, the buyer is excluded from making the claim. All complaints must be made in writing, and the buyer must state the invoice number, the date of delivery as well as the type and possibly serial number of the defective product. The complaint must also contain an explanation of the scope and nature of the defect. P. Lindberg Industri A/S has the right to check the damage on site and to carry out an examination of defective parts, before making a decision with regards to the complaint, including whether the defect is covered by P. Lindberg Industri A/S' obligation to remedy or replace it. If the buyer fails to comply with the rules laid out in this provision, the latter shall be barred from any rights of default in the event of P. Lindberg Industri A/S' default.
11. Return of goods
Goods can only be returned after specific agreement with P. Lindberg Industri A/S, and then only against a return fee corresponding to a minimum of 20% of the goods' invoice price.
12. Force majeure
P. Lindberg Industri A/S is entitled to cancel orders or postpone agreed delivery of goods and services, and is otherwise free from responsibility for any missing, defective or delayed delivery that is wholly or partially outside of P. Lindberg Industri A /S's reasonable control possibilities, such as insurrection, war, riot, civil unrest, terrorism, government intervention or intervention by local authorities, fire, strike, lock out, export and/or import ban, missing or defective deliveries from subcontractors, shortage of labor, fuel , driving force, shortage of goods, illness, accidents in production or testing, or lack of energy supply. All rights of the buyer are suspended or lapsed in such cases.
In the event of cancellation or deferred delivery, the buyer cannot claim damages or make any other claim against P. Lindberg Industri A/S.
13. Reservation of ownership
P. Lindberg Industri A/S reserves the right of ownership of the sold item until the entire purchase price plus interest, reminder fees and any other costs have been paid. The buyer is not entitled to make dispositions that impair the seller's reservation of ownership.
14. Jurisdiction and law
Any dispute between the parties shall be settled under Danish law at P. Lindberg Industri A/S' court of jurisdiction. P. Lindberg Industri A/S shall however, be entitled to demand that a dispute be settled by arbitration in accordance with the rules of the Danish Arbitration Institute.