Terms of trade for Holm & Holm A/S
1 Quote, acceptance and order confirmation
1.1. When nothing else is stated, an offer is not binding on Holm & Holm A/S.
1.2. Holm & Holm A/S reserves the right to sell dealers.
1.3. If order confirmation differs from the buyer's order by surcharge, restriction, or reservation, and the buyer will not accept these changes, the buyer must immediately notify Holm & Holm A/S. Otherwise, Holm & Holm A/S's order confirmation only applies.
2 Reservations concerning goods not in stock
2.1. Where nothing else is stated, an offer from Holm & Holm A/S for goods not in its own warehouse has been made subject to the possibility of obtaining the product in question and any offer has been made subject to amended provisions for the import or export of goods. If these reservations are updated, Holm & Holm A/S is entitled to withdraw the offer made without this justifying the successful tenderer to bring a claim of any kind.
2.2. The offer is similar to orders accepted by Holm & Holm A/S.
3 Order
- Transition of risk 3.1. The risk passes to the buyer upon delivery of the goods. Delivery is delivered, excluding freight costs from Holm & Holm A/S's or supplier's warehouse, unless Holm & Holm A/S itself carries out the placement. However, in the case of transit by a foreign carrier, delivery shall be effected by surrender to such carrier or by surrender to the freight forwarder, whether or not he merely conveys the transport or carries it over himself.
4 Delivery time and delay
4.1. Any indication of the delivery time shall be estimated to be approximately
4.2. Holm & Holm A/S is also entitled to postpone the approximate delivery time if it is exceeded by circumstances beyond holm & Holm A/S's control, jvr. force majeure below.
4.3. Without prejudice to the 4.2. in the event of a material overrun of the specified, or specified, delivery term, the buyer is entitled to withdraw the purchase, but delayed delivery does not entitle the buyer to compensation for either direct or indirect loss, for whatever reason, including negligence.
5 Force majeure
5.1. Holm & Holm A/S is entitled to cancel orders to the buyer or postpone their execution and is otherwise free from liability for any missing, defective or delayed delivery that is whoe or; this is partly due to circumstances beyond Holm & Holm A/S' s control, such as riots, disturbances, war, fire, public regulations, strike, lockout, slow-down, lack of means of transport, shortage of goods, illness or delay or defects in deliveries from subcontractor ears, accidents in production or testing, or lack of energy supply. The powers of all purchasers shall be suspended or lapsed in such cases. In the event of cancellation or deferred execution, the buyer may not claim damages or make any claim against Holm & Holm A/S.
6 Complaint,etc.
6.1. The products come with the guarantees offered by the manufacturer or supplier holm & Holm A/S. Buyer cannot claim any additional product warranty against Holm & Holm A/S.
6.2. The buyer is obliged to examine the item immediately upon receipt. Complaints may be made in writing within 7 days of receipt. In the case of hidden errors, the complaint period is extended to 3 months and 12 months in consumer purchases.
6.3. If, within three months of the object's surrender to him, the buyer has not informed the seller that he intends to plead a defect, he may not claim it at a later date unless the seller has undertaken in writing to admit the item for a long time or has acted fraudulently.
7 Missing
7.1. Holm & Holm A/S undertakes, for a period of 3 months from the dispatch of the product, to arrange for the replacement or repair of parts affected by manufacturing defects provided that:
7.1.1. Buyer advertises in a timely manner.
7.1.2. Defective goods are returned at their own expense by the buyer to Holm & Holm A/S.
7.1.3. Holm & Holm A/S after the investigation has been carried out, it is established that the defects found are due to errors in material or execution, and are not justified by improper processing or storage, neglect, installation, repair or changes made by the buyer, or are justified by accidental events.
7.1.4. If a product is covered by a warranty, the buyer must submit the defective product directly to the manufacturer at his own expense, together with an associated description of the defect.
7.2. Apart from matters covered by 7.1. Holm & Holm A/S is not responsible for defects in the delivery, for whatever reason, including negligence. It should be noted separately that 7.1. does not include software, and Holm & Holm A/S cannot be held responsible for errors relating to standard software supplied.
7.3. If Holm & Holm A/S does not carry out the replacement or repair, and provided that Holm & Holm A/S is obliged to pay compensation under Danish law, the compensation is limited to an amount equal to the cost of remedying the defect in the delivered and it may not exceed the agreed purchase price.
7.4. Holm & Holm A/S is in no case directly or indirectly referring to the supply, its use or Holm & Holm A/S's services in any other way, liable for indirect losses and consequential damages, such as operating losses, in vain costs, damage to person, property or other consequential damages, including loss or misrepresentation of data. Holm & Holm A/S is thus never liable for operating losses, profit losses or other indirect losses.
7.5. Holm & Holm A/S is not responsible for defects in the supply due to maladministration at Holm & Holm A/S's suppliers or otherwise justified by the supplier's circumstances. To the extent that Holm & Holm A/S may have a legitimate claim from a supplier, Holm & Holm A/S thereby transports this requirement to the buyer, so that the buyer is obliged to direct his claim directly at the supplier.
7.6. In the case of products sold with instructions for use, reference is also made to such separate replacement/repair obligations as Holm & Holm A/S may have undertaken to the buyer by the instructions accompanying the product.
7.7. The above limitation in the amount of compensation shall apply irrespective of the manner in which the claim is justified or formulated, and thus also apply to claims justified by negligence or negligence.
7.8. Holm & Holm A/S shall under no circumstances be liable for damages caused by the buyer's failure to fulfil his obligations. Holm & Holm A/S must also not be liable for any indirect damage or consequential damage, including operating losses, or for any other claim made by a third party against the buyer, even if Holm & Holm A/S has been made aware of such damages, operating losses or claims.
7.9. Holm & Holm A/S does not vouch for the fact that the delivered products will function flawlessly or without downtime, or that any software errors will be corrected.
8 Product liability
8.1. Holm & Holm A/S is only liable for personal injury caused by the products supplied if it is documented that the damage caused is due to maladministration by Holm & Holm A/S.
8.2. Holm & Holm A/S is not responsible for damage to real estate or movable property.
8.3. Holm & Holm A/S is not responsible for operating losses, data losses, lost earnings or any other indirect loss.
8.4. To the extent that Holm & Holm A/S may be liable to third parties, Holm & Holm A/S's buyer is obliged to indemnified Holm & Holm A/S to the same extent that Holm & Holm A/S's liability is limited according to the three preceding points. The buyer is obliged to be sued in the same court, which hears the product liability case against Holm & Holm A/S.
8.5. If a third party makes a claim against one of the parties for liability under the above, that Party shall forthwith inform the other thereof.
8.6. In the field of tenders/orders involving the movement of machinery and equipment, transport insurance, changed requirements from supervision and modification of external connections are not included. Transport insurance should be taken out by customer. Holm & Holm A/S cannot be subject to product liability other than this insurance.
Prices are quote price excluding VAT and excluding shipping. For orders under DKK 500, handling fees are added DKK 100,-
9 Prices
9.1. Prices are quote price excluding VAT and excluding shipping. For orders under DKK 500, handling fees are added DKK 100,-
9.2. Unless otherwise agreed, the buyer pays freight from the place of delivery and handling fee.
9.3. Holm & Holm A/S is entitled to change prices on the day of delivery in accordance with changes in exchange rates, customs duties, freight and insurance rates or other factors outside Holm & Holm A/S's control and influence.
9.4. If Holm & Holm A/S's costs are increased as a result of the buyer's circumstances, Holm & Holm A/S may claim reimbursement for this.
9.5. In the event of a price change caused by one of Holm & Holm A/S's suppliers, the part in question or the entire agreement must be renegotiated.
10 Payment
10.1. Holm & Holm A/S's normal payment terms in Denmark are 8 days net cash from the invoice date. Outside Denmark, payment is net cash by order. Holm & Holm A/S is entitled, on closer examination, to set a shorter payment deadline for the buyer. In the manufacture of purpose-built machines, payment terms are 50% by order, 40% by finished machine, 10% 8 dg. after delivery.
10.2. If the buyer does not pay in a timely manner, interest is charged from the date of the invoice. The interest rate is calculated at 2% per month started. In addition, Holm & Holm A/S may claim reimbursement for collection fees, debt collection fees and other expenses related to the recovery of the purchase price. The buyer's obligation to pay in a timely manner consists, even if the buyer advertises defects or defects, alternatively, the buyer must deposit the purchase price in case errors or defects are invoked. In any case, the buyer is obliged to pay in a timely manner for that part of the delivery that is not affected by defects or defects.
10.3. Agreed discounts are only granted if payment is made in a timely manner.
11 Return
11.1. Goods are returned only by prior written agreement. Return shipments shall be in continuous and undamaged original packaging, indicating the number and date of the original invoice and the approval number of the return shipment. Holm & Holm A/S reserves the right to make a deduction of a return fee of 15% of the item's suggested retail price at the time of delivery.
12 Retention of ownership
12.1. Holm & Holm A/S reserves ownership of the sale until full payment has been made.
12.2. Holm & Holm A/S requires the buyer to insure the sold with a recognised insurance company and with coverage and conditions approved by Holm & Holm A/S.
13 Liability of the addressee
13.1. If an offer or delivery from Holm & Holm A/S is addressed to a natural person, Holm & Holm A/S is entitled to consider that person as responsible debtor, regardless of whether he or she is operating in company form.
14 Buyer's cancellation of the order.
14.1. For certain product groups, the buyer has the opportunity, on special terms and against payment of a special fee, to cancel an order or postpone the delivery time if a written agreement to this effect has been reached in advance with Holm & Holm A/S.
15 Catalogues, descriptions, etc.
15.1. Any information – whether it comes from Holm & Holm A/S or one of its suppliers – regarding weight, dimensions, capacity and technical data in catalogue, description, prospectus, ad, etc. is to be considered informational and is only binding to the extent expressly referred to in tenders and/or order confirmation.
15.2. For products which, by their nature, require special documentation for assembly, connection, operation and/or maintenance, Holm & Holm A/S or their supplier will provide the buyer with such documentation for calculation at the latest at the same time as the product is delivered. Holm & Holm A/S reserves the right to require that such documentation be treated in confidence.
15.3. Technical information, operating instructions and assembly instructions, etc. are generally available in the supplier's original language as well as typically in English and German. if this documentation is required to be translated into other languages, Holm & Holm A/S will be responsible for this for a fee.
15.4. Specific requirements from the buyer are binding only to the extent that they are confirmed in writing by Holm & Holm A/S.
15.5 Pictures and sketches in catalogs and online are indicative. Images may contain additional equipment that is not included in the current item number. For example, the same image can be used for several different variants of the same product.
16 Buyer's financial situation
16.1. If, in Holm & Holm A/S's view, buyers' financial circumstances do not justify the terms of payment laid down, or if the buyer does not comply with payment terms relating to previous deliveries, Holm & Holm A/S is entitled to cancel unfulled orders unless the buyer immediately pays for all previously delivered goods and prepays orders that have not yet been effected.
17 Patent and licensing rights
17.1. Holm & Holm A/S's sale of products, parts, components and/or materials does not entitle the buyer or buyer's customers to license any patent or exclusive right relating to any combination, machine or process in which the parts, components and/or materials sold are used or may be used.
17.2. The buyer shall be responsible for ensuring that the software licensing rights comply at all times both quantitatively and qualitatively, and also in accordance with the rules laid down by the manufacturer. Holm & Holm A/S cannot therefore be held responsible for missing server or associated client licenses, nor from the manufacturer.
18 Partial invalidity
18.1. Where one or more of the provisions of this Agreement are found to be invalid, unlawful or unworkable, none of the validity, legality and feasibility of the other provisions shall be affected or impaired.
19 Limitation of claims
19.1. No claim, whatever its nature or justification, arising from this delivery may be brought by either party more than two years after the cause of the claim has arisen or in the event of non-payment for more than two years after the date of the last payment.
20 Derogation
20.1. The above terms and conditions of sale and delivery may be waived only by express written agreement between the parties.
21 Disputes
21.1. According to these annexes and their interpretation, legal matters are governed by Danish law.