Terms and Conditions

ESBJERG FARVE- OG LAKFABRIK A/S
GENERAL TERMS OF SALE AND DELIVERY  

1

Delivery shall take place ex works unless otherwise agreed

2

Esbjerg Farve- og Lakfabrik A/S shall see to dispatch and method of dispatch. Consignments are delivered at the kerb unless the delivery van can unload at the main door.

3

The products are dispatched in the standard packaging material of Esbjerg Farve- og Lakfabrik A/S and with such outer packaging as deemed necessary and adequate for the dispatch in question. Packaging material is included in the price unless otherwise agreed.

4

The purchaser is only entitled cancel the agreement owing to delay if the delivery is delayed by more than 30 days.

5

However, Esbjerg Farve- og Lakfabrik A/S shall in no case be liable for any operating loss, loss of time or loss of profit or similar indirect loss, inclusive of liquidated damages etc. imposed on the purchaser. 

6

The products are delivered in the standard quality of Esbjerg Farve- og Lakfabrik A/S unless otherwise agreed. If the goods are manufactured according to the purchaser's special requirements, Esbjerg Farve- og Lakfabrik A/S is entitled to deliver up to 25% more or 25% less than the agreed quantity.

7

If the time for payment is not observed, Esbjerg Farve- og Lakfabrik A/S charges default interest for each month or fraction of a month plus compound interest as from the date when the invoice fell due until payment is effected plus a reminder fee of DKK 100.00 for each reminder.

8

If the product delivered does not meet the specifications stated by Esbjerg Farve- og Lakfabrik A/S or the special requirements specified by the purchaser and appearing from the order confirmation or is not of customary quality, Esbjerg Farve- og Lakfabrik A/S is obliged to supply a new, non-defective product in stead. Such replacement delivery shall be made without any expense on the part of the purchaser when the purchaser has returned the defective product. Defects in a consignment shall never entitle the purchaser to any compensation for direct or indirect loss.

9

Without undue delay and not later than 8 days after receipt, the purchaser is obliged to notify Esbjerg Farve- og Lakfabrik A/S of any and all such defects in the products delivered as the purchaser has or should have established.

10

Defective products shall be returned only subject to consultation with Esbjerg Farve- og Lakfabrik A/S. The products shall be returned at the purchaser’s expenses and risk unless otherwise agreed; however, the sum involved will be refunded if the notice of defect was justified.

11

The purchaser shall closely follow the instructions issued by the supplier, the data sheet or product-description sheet or label on the use and storage of the product in question.

12

Information by Esbjerg Farve- og Lakfabrik A/S, whether provided on location or over the phone, is based on laboratory tests and/or application-technical tests and constitutes guidance on the choice of product and working method.

13

As the working conditions of the user are beyond the control of Esbjerg Farve- og Lakfabrik A/S, Esbjerg Farve- og Lakfabrik A/S undertakes no liability for the results achieved.

14

It is for the user of the product to see to it that the requisite drawdowns are made on his woodwork and to check that both woodwork and the basis as such are of an appropriate nature for the product chosen. Esbjerg Farve- og Lakfabrik A/S undertakes no liability for incorrectly treated wooden surfaces where the necessary drawdown has not been made or where the woodwork or the basis have not been checked.

15

Esbjerg Farve- og Lakfabrik A/S shall only be liable for direct injuries or damage verifiably caused by defects in the products delivered.

16

Esbjerg Farve- og Lakfabrik A/S shall be liable only for defects in the products delivered if evidence is provided to prove that the injury or damage is due to errors or omissions on the part of Esbjerg Farve- og Lakfabrik A/S.

17

Esbjerg Farve- og Lakfabrik A/S shall thus not be liable for any injury or damage resulting from incorrect or unusual use of the product, inclusive of application of the product to a basis or exposure of the product to, for example, weather conditions or moisture for which the product is not intended. Nor shall Esbjerg Farve- og Lakfabrik A/S be liable for any damage resulting from incorrect or inappropriate storage.

18

If liability is incurred under this agreement, such liability shall not, however, cover any increased labour costs or expenses in connection with operating loss, loss of time, loss or profit or any similar indirect loss.

19

Any dispute arising out of or in connection with this agreement shall be settled under Danish law, and the venue shall be the Maritime and Commercial Court in Copenhagen or the Eastern Division of the Danish High Court.

20

The pictures used at www.esbjergpaints.dk or www.faxelud.dk  are consultative only.

21

Reservation is made for any misprint.

22

Reference is generally made to in the Danish General Conditions AB 92, www.voldgift.dk/regler/ab92.html.