ELCON’s Terms and Conditions of Sale and Delivery (AB 18) of October 2024 1. ‘General Conditions for the provision of works and supplies within building and engineering’ 2018 (AB 18) shall apply to this quote with the amendments, additions and clarifications set out below. 2. All building works shall require service lines for drains and electrical installations, IT, gas, heating, water etc. to the building site as required unless such utilities have been specified as being included in the contract on plans or in the work description. 3. The contract requires that the client provides the guarantees specified in Section 10 of AB 18. These shall be provided within eight (8) days of conclusion of the construction contract. ELCON shall take out credit insurance vis-a-vis its customers. Credit insurance shall be taken out for this project. 4. ELCON and ELCON’s subcontractors shall be co -insured on the client ’ s standard fire and storm damage insurance, cf. Section 11, sub-section 1 of AB 18. The client shall further take out all- risk insurance, and ELCON and ELCON’s subcontractors shall be co-insured on the client ’s all -risk insurance as well as on the client ’s building insurance and movable property insurance covering existing buildings. 5. The tender sum/contract sum shall be price-adjusted and indexed in accordance with Sections 34 and 35 of AB 18 with the following amendments: Amendment to/deviation from Section 34 of AB 18: The contract sum shall be adjusted according to the Danish Construction Component Index from the date of the quote. Indexation is calculated according to the index from the date of the quote to the performance date. Indexation shall be applied to the payment for the part of the works that is affected by the indexation, or when ELCON should require it, on the basis of a documented statement provided by ELCON. Amendment to/deviation from Section 35, sub-section 3 of AB 18: The price increase according to sub-section 2 must have occurred after the date of the quote and prior to the delivery date, be generally applicable and be stated in official pricing material or be otherwise documentable. Amendment to/deviation from Section 35, sub-section 4 of AB 18: Compensation under sub-section 2 includes the price increase exceeding 5% of the price of the relevant material or fuel on the date of the quote. The percentage shall at no time be increased by percentage points. Any price increase occurring after the date on which the material or fuel was purchased cannot be included. Section 35, sub-section 5 to be deleted. Amendment to/deviation from Section 35, sub-section 7 of AB 18: Indexation according to sub-sections 2-6 shall be applied to payment for the part of the works that is affected by the indexation or when ELCON should require it. A copy of list prices from ELCON’s subcontractors on the date of the quote and purchase date constitutes sufficient documentation. 6. Payment shall be made in accordance with Sections 36 and 37 of AB 18 so that ELCON’s request for payment is met no later than fifteen (15) working days after receipt of request for payment. Interest on overdue payment of 1.5% per month or part thereof shall be added to payments made after the invoice date. 7. Requirements in the tender documentation for liability and a guarantee for the properties of materials which imposes on ELCON further liability than that stipulated in Section 12, sub- section 5, of AB 18, cf. Section 47, sub-section 4, shall only apply to the extent that ELCON’s supplier acknowledges and meets the same liability and guarantee vis-a-vis ELCON. 8. ELCON shall not be liable for materials, IT hardware, IT software and IT equipment, including machinery that has not been supplied by ELCON. Machinery that has not been supplied by ELCON shall be ‘CE marked’ in accordance with the EU Machinery Directive and the required technical documentation from the supplier in question shall be included. If the client requests that ELCON connects the client ’s equipment, IT hardware/software or machinery, this shall be at the client ’s liability and risk. 9. In the event of delay, penalties according to Section 40 of AB 18 shall apply. Only one due date that may trigger sanction exists and this due date coincides with final delivery. Daily penalties for late final delivery shall amount to a maximum of 1 per thousand of the contract price excluding VAT. At no time shall the total penalty during the contract period exceed 5% of the total contract sum, excl. VAT. 10. ELCON’s liability pursuant to Section 53, sub -section 1 of AB 18 and Section 54, sub-section 1 of AB 18 is limited to DKK 1 million per incident of damage to a maximum total of DKK 10 million per insurance year. 11. Regardless of the basis of liability and cause, including damage caused by a defect to a product that forms part of the construction works (product liability) or damage resulting from defects in the works (consequential damage), ELCON shall not be liable for operating losses, loss of profit or other indirect losses. 12. ELCON shall be able to work unhindered and continuously within normal working hours according to a mutually agreed detailed schedule. 13. ELCON’s Terms and Conditions of Sale and Delivery form an integral part of the quote and therefore cannot be set aside by the tender documentation.
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