4.4. In addition to sub-clauses 4.1, 4.2 and 4.3, ELCON may claim compensation for any price increase exceeding 5% on materials that are included as standard in the works in their finished form or on fuel that is directly used for the works. The price increase must a) have occurred after the date of the quote and prior to the purchase date b) be of a general nature c) be apparent from official price documents or otherwise documentable. 4.5. Indexation shall be applied to payment for the part of the works that is affected by the indexation on the basis of a documented statement provided by ELCON. A copy of list prices from the supplier or similar as of the date of the quote and the purchase date shall constitute sufficient documentation. 4.6. Invoicing shall take place according to NLM 19. Payment terms are ‘net cash 14 days’. Interest on overdue payment of 1.5% per month or part thereof shall be added to late payments. 5. Defects and damage 5.1. The works shall be performed in accordance with the agreement and shall be technically correct. ELCON shall be under obligation and entitled to remedy defects. 5.2. The Customer shall make a claim within a reasonable time after the Customer discovers or should have discovered defects in the works performed. If ELCON agrees with the Customer that defects exist in the works performed, ELCON shall remedy such defects within four (4) weeks of receipt of the claim. Beyond this, no claims may be raised against ELCON. 5.3. The Customer shall bear the costs incurred by ELCON in remedying defects as a result of the items being located at a site other than the original place of delivery. 5.4. When remedying defects, ELCON shall be liable for the costs of locating the defect in question, the costs of accessing, removing and installing repaired or replaced products as well as the costs incurred for remedy, such as reinstatement costs. 5.5. Unless otherwise agreed in writing, ELCON shall not be liable for minor cosmetic damage that does not result in functional impairment and that may occur and must be expected when performing installations. 5.6. The Customer’s total claim against ELCON relating to defects in the works performed, where ELCON does not exercise its right to remedy, shall be limited to and cannot exceed the usual market price for remedy from another supplier of a similar service. 5.7. ELCON’s liability for damage shall be limited to DKK 500,000.00 per incident of damage to a maximum total of DKK 2 million per insurance year. 5.8. Regardless of the basis of liability and cause, including damage caused by a defect to a product that forms part of ELCON’s works/services (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. 5.9. The Customer’s claim against ELCON due to defects shall be made no later than twelve (12) months after delivery, cf. sub-clause 2.3. After this date, the Customer shall not be entitled to raise any claims against ELCON unless the Parties have entered into an agreement to deviate from this. 5.10. The Customer shall at all times be liable for damage caused by materials and products that the Customer has provided, including damage caused by a defect in a product (product liability). 6. The Customer’s contracting parties etc. 6.1. The Customer shall be under obligation to ensure that these Terms and Conditions of Sale and Delivery apply to the Customer’s agreements with third parties where the Customer resells or otherwise transfers ELCON’s services/work. ‘Third party’ means (i) any company (ii) any personally run company (iii) any natural person (iv) any organisation or association (v) any public authority which is not the Customer or ELCON. 6.2. If ELCON is met with claims by third parties with whom the Customer has entered into an agreement, cf. sub-clause 6.1, the Customer shall indemnify ELCON, as ELCON would be entitled to, if the claim were subject to these Terms and Conditions of Sale and Delivery. 7. Choice of law and venue 7.1. ELCON’s quote and any agreement with ELCON shall in its entirety be subject to Danish law. 7.2. All disputes arising between ELCON and the Customer shall be heard and finally settled by arbitration at the Danish Building and Construction Arbitration Board and in accordance with applicable rules set by the Danish Building and Construction Arbitration Board. Page 2 of 2
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