Terms & Conditions
TERMS OF SALE AND CONDITIONS OF DELIVERY
The standard terms and conditions stated below will apply unless otherwise agreed in writing.
Any additions or alterations e.g., arising from the buyer´ s general terms of purchase, terms stipulated in any order
confirmations, orders or correspondence etc. received from the buyer shall not be construed as to amend these Standard
terms and conditions.
Below sales, supply and erection conditions apply for all deliveries and orders, if not any modifications or deviations in
writing have been agreed between the parties, or appear from Assentoft Aqua’s quotation. The basis of our sales and
delivery is Orgalime SI 14, and the rules in this apply, if not deviations or modifications appear from below.
§ 1. Quotation and delivery.
All orders will be carried out at the prices stated in our offers.
Prices and delivery are subject to reservation as to strikes, lockouts and other occurrences beyond our control, cf. paragraph
The stated dates of delivery are to the best of our judgment and subject to the goods being available.
Variations of up to 4 weeks from the agreed date of delivery will be regarded as delivery on time on the agreed date of
The buyer can only claim delay until notification of the goods being ready for delivery has been communicated to him.
Assentoft Aqua Aps ´ s liability for losses incurred by the buyer as a result of delay or non-delivery can never exceed DKK
100,000.00 (one hundred thousands).
§ 2. Technical information, product information.
All information contained in brochures, catalogues, price lists etc. concerning weight, dimensions, capacity, yield capacity,
and other technical data is approximate and binding only to the extent it is explicitly referred to in the agreement.
§ 3. Changes in construction.
Assentoft Aqua Aps reserves the right to make such changes to the construction as deemed necessary without previous
notification. Changes of this nature entitle the buyer to cancel the order only if he is able to provide evidence that a specific
construction, design, etc., was a condition of the purchase.
Changes undertaken and subsequent cancellation of the purchase do not entitle the buyer to any kind of claim for damages.
Specifications (drawings and descriptions)
All information regarding dimensions, weight, capacity and any other technical data, mentioned in leaflets, advertisements,
drawings, any other written material or verbal information, are approximate information, unless otherwise stated in the
order confirmation, and is subject to final confirmation from Assentoft Silo.
All drawings and other technical documentation, which are submitted by one party to the other prior or subsequent to
formation of the contract, shall remain the property of the submitting part, and may not without the consent of the
submitting party be used, transmitted, copied or reproduced.
The foundation drawings of Assentoft Aqua are to be considered as guidelines, which are to be checked by a local engineer.
§ 4. Packaging.
Assentoft Aqua Aps has the right to charge the buyer for the packaging used in connection with the delivery of the goods.
§ 5. Passing of risk.
Unless otherwise agreed the supply is considered sold ex works, cf. the latest version of Incoterms.
If at the time of delivery, for instance in the case of delay after notification to the buyer of the goods being ready for delivery,
or if the buyer does not fulfil his obligations, Assentoft Aqua Aps as a consequence becomes unable to deliver, the risk for
any fortuitous damages to the goods passes to the buyer.
§ 6. Payment.
Assentoft Aqua Aps terms of payment are stated in each quotation.
If the buyer fails to effect payment in due time, and the delay cannot be ascribed to Assentoft Aqua Aps Assentoft Aqua Aps
is entitled to charge interest for default from the due date at a rate corresponding to 5% above Denmark’ s Nationalbank’ s
official discount rate in force at the time in question. Assentoft Aqua Aps reserves title to the goods until full payment has
§ 7. Remedy of defects.
After acceptance of the delivery by the buyer Assentoft Aqua Aps undertakes for a period of 12 consecutive months to
deliver replacements without undue delay, or to make repairs as we consider necessary in cases of defects in the supply,
which are due to construction, materials, or workmanship.
The remedy guarantee does not cover cases arising from defects occurring as a result of bad maintenance or non-compliance
with our directions, incorrect or inappropriate use, changes or technical modifications carried out without our written
consent, or extraordinary climatic influences.
Normal wear and tear is not covered by the remedy guarantee.
Complaints concerning defects must be made immediately upon recognition by the buyer.
On receipt of a complaint concerning a defect under this paragraph, Assentoft Aqua Aps will remedy the defect without
undue delay. If the buyer is able to undertake the repair on his premises, Assentoft Aqua Aps liability under this stipulation
will be fulfilled by the forwarding of a replacement part or the repair of a component.
If faulty supplies or parts thereof are returned to Assentoft Aqua Aps for replacement or repair, the buyer, unless otherwise
agreed, must bear the return transportation costs and risk. Assentoft Aqua Aps shall pay the costs of repair or replacement of
When forwarding to the buyer supplies or parts as replacements or repaired parts, the transport is at Assentoft Aqua Aps’s
expense and risk unless otherwise agreed.
Costs of dismantling and mounting are not covered by the remedy guarantee and are to be paid for by the buyer.
Faulty parts replaced in accordance with the above will be placed at Assentoft Aqua Aps disposal.
Assentoft Aqua Aps grants a remedy guarantee for replaced or repaired parts of the supply on the same terms and conditions
as apply to original supply.
Assentoft Aqua Aps liability does not apply to any part of the supply, however, for more than two years as from the date of
first delivery to the buyer.
After the risk on the supply has passed to the buyer, Assentoft Aqua Aps has no responsibility for defects in excess of the
liabilities laid down in the above.
Thus, Assentoft Aqua Aps disclaims responsibility for any indirect loss, e.g. loss of profits or time, which the buyer may have
incurred as a result of the defect.
§ 8. Exemption from liability – Force majeure.
The following occurrences will cause exemption from liability when they occur after the conclusion of the agreement and
prevent its performance.
Labor disputes, strikes, lock-out, and any other occurrence beyond the control of the parties such as fire, war, mobilization or
unforeseen military call-up of the same extent, acts of sabotage, requisition, commandeering, currency restrictions, riots and
disturbances, lack of means of transport (general scarcity of goods), restrictions on means of motive power and defective
supplies from sub-contractors, or delayed supplies due to any of the occurrences mentioned under this item.
The supplier is entitled to cancel the agreement in writing when its performance becomes impossible within a reasonable
time owing to any of the occurrences mentioned under this paragraph.’
§ 9. Product liability.
In case the seller becomes liable for defects in the products supplied, his liability is limited to direct damage i.e.
consequential damage to persons, chattels or operation loss not included in the supply falls outside the scope of seller’s
Further we refer to the conditions in the international trade conditions, NL92 Clause 36, the conditions of which are valid for
any delivery from Assentoft Aqua Aps to any geographical area.
The last sentence in NL 92 Clause does not apply to agreements between seller and buyer.
§ 10. Settling of disputes – venue.
The Court in Aarhus/The Western Division of the Danish High Court, is the proper institution for settlement of any dispute
arising between the parties concerning deliveries from Assentoft Aqua Aps upon this agreement.
Any dispute shall be settled in accordance with Danish law, unless otherwise stipulated in these terms.
Assentoft Aqua Aps may choose to bring a dispute before an arbitration court under the Danish Institute of Arbitration in
The arbitration court shall be set in Aarhus, and the Arbitration Court will hear the dispute in accordance with the regulations
for settlement of disputes under the Danish Institute of Arbitration in Copenhagen.