ELCON’s Terms and Conditions of Sale and Delivery (AB 92) of October 2024 1. ‘General Conditions for the provision of works and supplies within building and engineering’ of 10 December 1992 (AB 92) 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 7 of AB 92. 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 included as insured parties on the fire and storm damage insurance purchased by the Client as specified in Section 8 of AB 92. ELCON and ELCON’s subcontractors shall be co-insured under the Client ’s all-risk contract insurance as well as on the Client ’s buildings and contents insurance covering existing buildings. 5. The tender sum/contract sum are indexed. If no index has been specified in the tender documentation or the quote, the Construction Cost Index for Residential Buildings shall apply. If the tender documentation requires a fixed price, the price shall be adjusted for the part of the works that is performed after twelve (12) months following the date of the quote. Regulation shall further take place according to Appendix 1 to the Danish Construction and Housing Ministry Circular of 10 October 1991 on pricing and time periods for construction works. In addition to the fixed price, ELCON shall be compensated for cost increases caused by costs imposed by state and government as well as extraordinary price rises, cf. Sections 8 and 9 of the Danish Construction and Housing Ministry Circular of 10 October 1991 on pricing and time periods. If the tender documentation does not stipulate a requirement for a fixed price, the tender price/contract price shall be adjusted using the index on the date of the quote as the start index. 6. Payment shall take place according to Section 22 of AB 92 so that ELCON’s balance falls due for payment on the Client ’s receipt of a request for payment. Payment shall be made no later than fifteen (15) calendar days after receipt. 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 10, sub-section 4, of AB 92, cf. Section 30, sub-section 3, 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 connect 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 25 of AB 92 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 for damage caused by a defect in a product included in the construction work (product liability) and ELCON’s liability pursuant to Section 35, sub-section 1 of AB92 shall be limited to DKK 1 million per incident of damage to a maximum total of DKK 10 million per insurance year.
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