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Delivery terms

Terms of sale and delivery for KVK Hydra Klov A/S

1. Scope
KVK Hydra Klov A/S' (KVK) supplies shall be covered by General conditions for the supply of machinery and other mechanical, electrical and electronic equipment (NL 92) with the present changes and additions, unless otherwise agreed in writing with KVK. The present terms of sale and delivery shall take preference over NL 92 and form part of any agreements made by KVK. In case of interpretation issues, the Danish version of the present terms of sale and delivery shall take preference over translations into other languages. 
If installation is included in KVK's supply, NLM 94 with the present changes and additions shall apply. 

2. Prices
Unless otherwise stated, all prices shall be in Danish kroner and exclusive of VAT and other duties and taxes. Until delivery, the buyer shall be obliged to accept changes to the price caused by documented increased costs for KVK as consequence of changes to raw material prices, exchange rates, customs duties, taxes, duties, etc., regarding the agreed supply. 

3. Orders and offers
KVK's offer shall be accepted within 60 days of the date of the offer. KVK shall be entitled to make agreements contingent on the buyer's provistion of favourable bank informatoin, bank guarantee or similar security for payment.
If after the conclusion of the agreement, the buyer wants to change specifications regarding the agreement made, this shall only be possible with the acceptance of KVK A/S. In that case, and addendum to the agreement shall be made, indicating changes to the original agreement and changes to prices, terms of delivery, etc. 

4. Intermediate sale
Until the buyer's acceptance has been received by KVK, KVK shall be entitled to enter into an agreement with a thrid party regarding the goods offered, and the offer towards the buyer shall then lapse. 

5. Cancellation of orders
The buyer's cancellation of a purchase agreement made shall only by accepted according to written agreement with KVK and agains payment by the buyer of the costs and losses incurred as calculated by KVK.

6. Delivery
Unless otherwise agreed, delivery shall be ex works according to Incoterms 2000. The dispatch shall be made at the buyer's expense and risk. Any times of delivery shall be without obligation until final confirmation from KVK.

7. Returns
Standard goods in unused, undamaged condition shall only be returned according to prior agreement. Specially made good shall not be accepted for returns.

8. Right of ownership/copyright
The good shold shall remain the property of KVK until payment has been made in full. The buyer shall be obliged to take out a appropriate insurance, including against fire, theft and damage by water. 
Without separate agreement, no intellectual property rights regarding the good sold shall be transferred to the buyer. KVK or KVK's software supplier shall have full copyright regarding software which forms part of the goods delivered.

9. Payment
Payment shall be made net cash on delivery of the article, unless otherwise agreed in writing or stated in the KVK invoice.
If delivery is postponed because of the buyer's circumstances, the buyer shall be obliged to make any payment to KVK as if delivery had been made on the agreed date.
The buyer shall not be entitled to set off any counter-claims against KVK which have not been accepted in writing by KVK and shall not be entitled to retain any part of the purchase amount because of counter-claims of any kind.
If payment is not made on the due date, default interest shall be added at 2% per month or fraction thereof. 

10. Delay
KVK shall be entitled to postpone delivery for up to four weeks by written notice to the buyer. KVK's notice of postponed delivery shall be made within a reasonable period before the time of delivery originally agreed and immediately after KVK discovers the need to postpone delivery. KVK shall in no case be obliged to pay liquidated damages to the buyer because of delay, unless this has been agreed with KVK in writing. 
If delivery is postponed because of circumstances which can be attributed to the buyer, KVK shall be entitled to postpone delivery for up to ten weeks. If so, the buyer shall be obliged to make any payment contingent on delivery as if delivery of the equipment in question had been made. 

11. Complaint
The buyer shall be obliged to examine the goods on receipt. Complaints about supplies shall be made immediately and be prepared in writing. KVK shall be entitled to remedy defects or choose to make a replacement delivery. If KVK offers to remedy defects or make replacement delivery, the buyer shall not be entitled to cancel the purchase or claim compensation because of defects. 
Remedial action shall be made at the business premises of KVK after the buyer's delivery of the article complained about. The buyer's costs in this connection shall be irrelevant to KVK.
KVK A/S shall in no case be responsible for the buyer's operating loss, loss of profit or any other direct or indirect loss as a consequence of defects in the goods delivered.
KVK's responsibility shall only cover defects which become apparent within one year from the date on which the equipment was delivered to the buyer. 

12. Product liability
The buyer shall indemnify KVK to the extent that KVK incurs liability towards a third party for such damage and such loss for which KVK is not according to paragraph 2 and 3 of the present section liable towards the buyer.
KVK shall not be liable for damage caused by the equipment:
a) to real property or chattels which occur while the equipment is in the buyer's possession;
b) to products made by the buyer or to products in which they are included, or for damage to real property or chattels caused by such products because of the material.
KVK shall in no case be liable for operating loss, loss of profit or other consequential financial losses.
If a third party makes a claim against either party for liability for damages under the present section, such party shall immediately notify the other party accordingly.
KVK and the buyer shall be mutually obliged to accept being brought before the court or court of arbitration hearing claims for damages made against either party on the basis of damage or loss claimed to have been caused by the equipment.

13. Liability for damage to properly before taking over
KVK shall only be liable for damage to the buyer's property before the supply is taken over if it can be proved that the damage before the execution of the supply has been caused by negligence on the part of KVK or a party for whom KVK is responsible. The liability for KVK shall, however, be limited to DKK 500,000 for direct damage to property.
KVK shall, however, not be liable to pay damages for damage to the buyer¨s property or chattels which is covered by insurance against damage to property taken out by the buyer, or would have been covered by the normal building and fire insurance. KVK shall in in case be liable to pay damages for operating loss, loss of profit or other consequential financial losses.

14. Governing law/venue
The court in Esbjerg shall be the venue for any disputes in relation to agreements between the buyer and KVK. Disputes shall be settled according to Danish law.

15. Changes to terms of sale and delivery
In ongoing contractual relations, the seller shall with three months' prior written notice be entitled to change KVK's terms of sale and delivery in force at any time, after which the new version shall apply.

April 2011