Dispense Equipment 2021 - Catalog - Page 161
7. PRODUCT WARRANTY
7.1. Notwithstanding the above item 4, however provided
the buyer give notice of defects no later than 8 days after
the defect’ emergence/buyer becoming knowledgeable of
the defects, the seller shall remedy any products showing
defects within 24 months from the delivery time. The
warranty does not cover wear and tear.
7.2. The seller may choose to remedy by adjustment, repair
or replacement of defective parts. Wages in connection with
dismantling and assembly will not be compensated.
7.3. If the product has been changed or serviced by any
other than the seller or a repair operative referred by the
seller, or if the product has suffered abuse, been used for
purposes contrary to the seller’s directions or purposes for
which the products are not intended, the warranty shall be
annulled, including the seller’s obligation to remedy
the product without costs.
If the seller does not comply with his obligations as
mentioned above within reasonable time, the buyer may
demand a proportional deduction of the defective product’s
However, the deduction may not exceed 20 % of the
purchase price for the whole product. Alternatively, the
buyer may choose to arrange for a third party to remedy
the product. In which case the seller will refund the buyer’s
expenses in this respect, provided that the expenses does
not exceed 20 % of the purchase price for the whole product,
of which the defective part forms part.
Force majeure exists if seller or seller’s sub-contractors are
prevented from performing agreements governed by these
Terms of Sale and Delivery as a consequence of events
such as war, civil war, insurrection, terror actions, public
restrictions, import or export bans, catastrophes of nature
of any kind as well as extensive or local industrial conflicts,
fire, power failure, computer viruses or alike, unless it is
established that seller ought reasonably to have anticipated
this at the time of making the contract.
11. CHOICE OF LAW AND VENUE
11.1. Any disputes arising out of or in connection with
agreements between seller and buyer are to be settled
pursuant to CISG at the district court where seller is
domiciled or the Maritime and Commercial Court of
Copenhagen (Sø- og Handelsretten i København), at seller’s
11.2. However, the seller is entitled to demand
arbitration pursuant to the general rules of the Danish
ACT on ARBITRATION (The Arbitral Tribunal is set up in
Settlement through the court or arbitration does not exclude
the possibility of an injunction or that other preliminary
remedies be carried through at the relevant venue.
7.4. Seller’s obligations in respect of defective products are
expanded as per the above. The seller is therefore not liable
for direct or indirect loss, including operating loss, loss of
revenue and similar costs or damages.
8. PRODUCT LIABILITY
8.1. In the mutual relations between seller and buyer, seller
excludes any liability for commercial property damage that
may be attached to seller’s goods. If seller is met with claims
for damages for commercial property damage from buyer’s
customers, their customers or other later users of seller’s
goods, buyer in the relations between seller and buyer is
committed to indemnify seller for any such claim and to
cover seller’s reasonable costs to any defence against that.
9. INTELLECTUAL PROPERTY RIGHTS AND SECRECY
9.1. All intellectual property rights to seller’s goods together
with all material delivered in this connection belongs to
9.2. Buyer has no right without seller’s written consent to
grant third party knowledge of technical or commercial
information, which according to their nature are confidential
or which seller at the time of making the contract or later had
stated as confidential.
All drawings, models and other technical documents on the
goods, which prior to or after the making of the contract are
handed from seller to buyer, remain the property of seller.
Without seller’s consent said material may alone be applied
for the proper use or resale of the goods.
10. FORCE MAJEURE
10.1. In case of force majeure, seller is released from his
obligations as long as the force majeure situation exists.
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