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1. Terms of delivery
The legal relation between the Buyer and Martin Høft A/S ROLGROS (MHR) is regulated by the existing Danish legislation including the following amendments.
2. Offers and prices
Oral offers must be accepted immediately or they are considered lapsed. Written offers are unless otherwise stated valid for a period of 28 days after the date of the offer. All prices are exclusive of VAT and other taxes. Prices are daily prices determined at the time of the offer, subject to increases in wages and materials, exchange fluctuations as well as changes in duties, freight and other costs.
3a. Delivery
Unless otherwise agreed, delivery will be FOT (Free on Truck) Hasselager. This also applies to instalments. Deliveries of custom-made goods, including colour variants, may vary by 10% (+/-).
3b. Orders below the at any time existing minimum purchase are charged with the at any time existing handling charge. From 1/4/2005 orders below 250 DKK are therefore imposed with a handling charge of 150 DKK.
3c. Goods can only be returned after previous arrangement and free of expense. A return fee of 20% is charged, however minimum 150 DKK.
4a. Defects and liability
Claims for non-conformity in the quantity delivered are to be reported immediately after receipt of the goods, or the right of claim is considered lapsed. Claims for other defects are to be reported no later than 8 days from the receipt, or the right of claim is considered lapsed. Our liability is limited to replacement or up to the amount of the invoice, at our option.
4b. Force majeure
MHR will not be liable for any delay caused by the following extended circumstances: war, fire, strike, lock-out, weather, export and import prohibitions, seizure, defects or delays on part of subcontractors or other circumstances that MHR did not or could not foresee.
4c. Product liability
The Seller is only liable for personal injury if it can be proven, that the injury is due to defects or omissions on the part of the Seller or others for whom he is responsible. The Seller is not liable for damage to real or personal property if the damage occurs while the Buyer is in possession of the goods. The Seller is moreover not liable for damage to products manufactured by the Buyer, or to products of which these form part. In other respects, the Seller is liable for damage to real and personal property on the same conditions as for personal injury. The Seller is not liable for loss of profits, earnings or other indirect losses.
5. General terms
All dimensions, colour and stress specifications etc. may be changed without previous notice. Stress specifications are solely recommended short-time values by static stress. Structures should always be tested. MHR can, upon agreement, provide tests against payment.
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