Sales and Delivery Terms for John Bjerrum Nielsen A/S (further named JBN)
Delivery and Delivery time
Goods are shipped Ex-Works and the goods are considered delivered from the time the goods are transferred to external shipper from our factory warehouse. JBN is not liable for failure to fulfil obligations which can be attributed to strike, lockout, force majeure or other external conditions which obstruct processing of an order and prevent the acquisition of necessary materials or delay the shipment of supplies or materials to this order.
These conditions apply to our own factory as well as of vendors. However, we are obliged to make known to the buyer as soon as possible about the occurrence of such circumstances.
A delivery includes only the products specified in both offers and order confirmation, if any - with reference to drawing specification. Stated delivery times apply only approx. unless there is a written agreement with further specification. All orders entered are processed as far as possible in the order received. JBN is not obliged to compensate additional costs caused by an overdue delivery period.
Price
The price is binding on us only if we have or can obtain the goods at the prices, delivery times and other conditions that we have calculated and based the offer on. Moreover, the mentioned prices are only valid if manufacturing costs are not significantly increased before start-up of production and delivery, even in case of delays arising from the above-mentioned conditions.
Quantity
We reserve the right, upon delivery of ordered quantity, to increase or decrease the agreed quantity by up to 10%. Should a customer claim the received quantity of a delivery, the delivery must be counted when representatives from both parties are present. Alternatively, the delivery may be counted by an authorized third party, approved by both parties, and the losing party shall pay all expenses accordingly.
Payment Terms
Payment must take place at the time specified in the offer or order. Any alternate costs are paid by the buyer.
Packaging
The packaging is invoiced and will not be accepted returned unless written agreement is reached. InvoicedPallets can be returned within 3 months If there is a written agreement on this subject and the pallets are returned De Franco to JBN.
Complaints
Any complaints must be made within 8 days of receipt of the goods. Items that are defective due to fabrication errors can be corrected or exchanged without charge to the costumer when defective goods are returned immediately. JBN can not be charged additional compensation costs of any kind in connection with the complaint.
Product liability
Our product liability follows the general terms set out in section 36 for "General Delivery Conditions NL92". Sections from this below:
• Liability for damage to property caused by the material is contained in product liability.
The buyer shall indemnify the seller to the extent that the seller is liable to third parties for such damage and loss as the seller under this paragraph, second and third paragraphs, is not liable to the buyer.
• The seller is not liable for damage caused by the material:
- On real estate or movable property which occurs while the material is in the possession and the custody of the buyer.
- On products manufactured by the buyer, or products in which they are included, or on real property and movable property as the material causes.
• In no case is the seller responsible for operating loss, loss of earnings or other consequential losses. The restrictions mentioned in the seller's liability do not apply if he has been guilty of gross negligence.
• If a third party makes a claim against one of the parties for liability, the third party shall notify the other party immediately.
• The Seller and the Buyer shall be mutually obliged to let themselves be summoned to the court or arbitral tribunal which examines claims against either of them, where the claim is based on damage or loss alleged to have been caused by the goods. The liability as between the Seller and the Buyer shall, however, always be settled by arbitration in accordance with Clause 40.